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|Estee Lauder Decision Highlights Waiver Argument’s Challenges|
Daniel S. Harary, Heidi A. Lawson; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
October 28, 2016, previously published on October 25, 2016Policyholders often seek to challenge an insurer’s denial of coverage on the grounds that the insurer waived a defense relied upon to deny coverage. On September 15, 2016, the Court of Appeals in Estee Lauder Inc. v. OneBeacon Ins. Group, LLC, 2016 N.Y. LEXIS 2788 (2016) reaffirmed that a...
|Endean v. British Columbia: An Opening (But Not a Floodgate) for National Class Proceedings|
Alessandra V. Nosko; Borden Ladner Gervais LLP;
October 27, 2016, previously published on October 20, 2016On October 20, 2016, the Supreme Court of Canada released its decision in Endean v. British Columbia.1 The decision supports the advance of multijurisdictional national class proceedings, but questions remain as to the extent to which such proceedings can be efficiently managed and adjudicated...
|Recent Delaware Chapter 11 Case Supports Vendors’ Reclamation Claims|
David H. Conaway; Shumaker, Loop & Kendrick, LLP;
October 26, 2016, previously published on October 2016In Reichhold Holdings US, Inc., on August 24, 2016, the Delaware Bankruptcy Court ruled that a vendor’s reclamation trumped a lender’s lien on inventory, arising from a post-petition DIP loan (that was used to repay the prepetition loan).
|In ADA Lawsuit, EEOC Ordered to Produce Claimants' Medical and Work Records, and Work History|
Joseph F. Spitzzeri; Johnson & Bell, Ltd.;
October 26, 2016, previously published on October 2016In a recent district court ruling in Illinois, organizations faced with Americans With Disabilities Act (ADA) actions can now request that the Equal Employment Opportunity Commission (EEOC) produce claimants’ medical and work records, as well as their work history. This ruling clearly...
|Illinois Supreme Court Restricts Construction Negligence and Premises Liability Theories of Recovery in Illinois|
Katie E. Gorrie; Johnson & Bell, Ltd.;
October 26, 2016, previously published on October 2016Defense attorneys and their clients received a boost in personal injury cases involving construction accidents thanks to a recent Illinois Supreme Court ruling. On October 20, 2016, the Supreme Court of the State of Illinois released its opinion in the case of Patrick Joseph Carney v. Union Pacific...
|D.C. Circuit Brings CFPB under Presidential Control|
Scott A. Cammarn, Peter Carey, Martin Horowitz, Joseph V. Moreno, Jeffrey L. Robins; Cadwalader, Wickersham & Taft LLP;
October 25, 2016, previously published on October 13, 2016On October 11, 2016, the United States Court of Appeals for the D.C. Circuit issued its long-awaited opinion in PHH Corp. v. Consumer Financial Protection Bureau, in which the Court held that the structure of the Consumer Financial Protection Bureau (“CFPB”) was unconstitutional under...
|A Subtle Snare of the Justice Against Sponsors of Terrorism Act for Businesses Indirectly Supporting International Terrorism|
Peter J. Anderson, Mary Beth Martinez, W. Scott Sorrels, Ronald W. Zdrojeski; Sutherland Asbill & Brennan LLP;
October 25, 2016, previously published on October 24, 2016While countless news outlets have reported the recent Congressional override of President Obama’s veto of the Justice Against Sponsors of Terrorism Act (JASTA), few have given much thought to the more nuanced consequences that JASTA could have on private businesses. While the primary goal of...
|Court Reverses Punitive Damage Verdict Against Insurer|
Jones Skelton Hochuli P.L.C.;
October 25, 2016, previously published on September 29, 2016A motorcyclist was injured when he slammed into a car that had stopped abruptly in front of him. Although the driver of the car was uninsured, the motorcyclist had uninsured motorist coverage. The motorcyclist’s insurer denied the claim, however, because it concluded the motorcyclist was...
|Favorable Opinion Rendered in Iowa Mechanic's Lien Case|
Jodie Clark McDougal; Davis, Brown, Koehn, Shors & Roberts, P.C.;
October 25, 2016, previously published on September 1, 2016On Wednesday, August 31, the Iowa Court of Appeals rendered its opinion in the Standard Water mechanic’s lien case Jodie McDougal tried a few years ago, which involved an issue of first impression regarding Iowa’s new lien law.
|Court of Appeal for Ontario Overturns Finding of Negligent Investigation 495793 Ontario Ltd (Central Auto Parts) v Barclay, 2016 ONCA 656|
Natalie Salafia, George R. Wray; Borden Ladner Gervais LLP;
October 20, 2016, previously published on October 12, 2016The Court of Appeal for Ontario recently canvassed the law relating to the tort of negligent police investigations and confirmed the "general rule" that expert evidence will be necessary to determine the content of the standard of care of a professional, including a police officer.