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HTMLMotion To Dismiss Not Suitable Means to Address Whether Insurer's Position Was Fairly Debatable, In This Action, And Was Therefore Denied (New Jersey Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
April 17, 2015, previously published on March 31, 2015
In Zodda v. National Union Fire Insurance Company, the insured pleaded bad faith, among other claims, for denial of benefits on a disability policy. The insured brought claims against multiple insurers, alleging an elaborate scheme in marketing the disability insurance at issue, and in denying...


HTMLACA Subsidies Face Final Test Before the US Supreme Court
John R. Feore, III, Bruce Merlin Fried, Charles A. Luband, Mark W. Weller; Dentons Canada LLP;
Legal Alert/Article
April 14, 2015, previously published on March 4, 2015
The US Supreme Court (the "Court") heard oral arguments today in King v. Burwell, a case that could significantly impact the viability of the Affordable Care Act (ACA). In this case, the Court is being asked to decide whether federal tax subsidies are available for use only on health...


HTMLAdvance Payments in Alberta
Justine Blanchet; Borden Ladner Gervais LLP;
Legal Alert/Article
April 13, 2015, previously published on January 22, 2015
On November 24, 2014, the Alberta Court of Appeal released its decision in Shannon v 1610635 Alberta Inc, 2014 ABCA 393 [“Shannon”]. The decision sets out the legal test to be met in an application for an advance payment pursuant to the Insurance Act.


HTMLFact Witnesses As Experts: Westerhof v Gee Estate, 2015 ONCA 206
Ewa Krajewska; Borden Ladner Gervais LLP;
Legal Form
April 9, 2015, previously published on April 3, 2015
In Westerhof v Gee Estate, the Ontario Court of Appeal decided that participant experts and non-party experts may give opinion evidence without complying with Rule 53.03. In other words, a fact witness who is considered an expert may give opinion evidence without filing an expert report or...


Adobe PDFSupreme Court Likely To Clarify Standard of Review on District Court's Factual Findings in Support of Patent Claim Construction
Staas Halsey LLP;
Legal Alert/Article
April 6, 2015, previously published on Fall-Winter 2014
The Supreme Court of the United States (“Supreme Court”) has granted Teva Pharmaceuticals USA’s (“Teva”) petition for review. Teva appealed the decision of the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”). The Federal Circuit had...


HTMLCourt Dismisses Boilerplate Bad Faith Claim With Prejudice, As No Conceivable Basis To Cure By Amendment (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
March 25, 2015, previously published on March 5, 2015
In Williams v. USAA Cas. Ins. Co., the plaintiffs (an injured driver and two passengers in her car) brought an uninsured motorist claim against the injured driver’s insurer. The court found that the putative count for violating the UIM law was actually pleaded as a claim for breach of the...


HTML“Physical” Damage Without Any Tangible Change - New Jersey Federal Court Continues the Expansion of “Physical” Loss or Damage
Michael J. McLaughlin; Butler Pappas Weihmuller Katz Craig LLP;
Legal Alert/Article
March 25, 2015, previously published on March 5, 2015
New Jersey courts continue to expand traditional notions of physical loss or damage in a recent decision of the New Jersey Federal District Court, Gregory Packaging, Inc. v. Travelers Prop. Cas. Co. of America, Civ. No. 2:12¿cv¿04418 WHW, 2014 WL 6675934 (D.N.J. Nov. 25, 2014) (J....


HTMLPrevailing Wage Violation Invites Unsuccessful Bidder’s Tort Claim
Robert C. Hendrickson; Duane Morris LLP;
Legal Alert/Article
March 25, 2015, previously published on March 6, 2015
Failing to pay prevailing wages on a public works project can have consequences beyond labor code penalties and claims for unpaid wages. Contractors who “unlawfully deflate their labor costs” by intentionally violating prevailing wage laws in order to win contracts are also subject to...


HTMLEleventh Circuit Defines “Structural Damage” Under an Insurance Policy
A. David Fawal; Butler Snow LLP;
Legal Alert/Article
March 23, 2015, previously published on March 5, 2015
Although commonly used in insurance policies, the term “ structural damage ” is typically an undefined term, leaving it to insurers, insureds, and sometimes the courts to define. In Florida, federal district courts had come to different conclusions as to the definition, and recently,...


HTMLThe Missouri Supreme Court Rejects the Buy-One-Get-One-Free Approach to Auto Liability Insurance
Michael L. Young; HeplerBroom LLC;
Legal Alert/Article
March 23, 2015, previously published on March 10, 2015
After leaving almost 10,000 empty seats in its Champions League game against Roma last September, the professional football team in Manchester City chose to offer a buy-one-get-one-free deal on tickets at its October match against CSKA Moscow. (“Football” here is meant in the European...


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