Searching Content indexed under Trials & Appeals & Compensation by Gail Jankowski ordered by Published Date Descending.
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Court Denies Class Certification Based on Judicial Estoppel
The plaintiff brought a putative class action after allegedly defaulting on charges for medical services.
United States
18 Oct 2018
In Deepwater Horizon Arbitration, UK Appellate Court Declines To Remove Arbitrator With Multiple Related Appointments
The underlying case concerned the 2010 explosion and fire on the Deepwater Horizon oil rig in the Gulf of Mexico, when a well which was in the process of being plugged and temporarily abandoned, experienced a blow out.
United States
26 Jul 2018
Food For Thought: A Review Of 2017 Litigation
Food for Thought is a review of significant court decisions affecting the food, beverage, dietary supplements and personal care products industry.
United States
29 May 2018
Ninth Circuit Reaffirms That Washington State's Prohibition Of Arbitration Clauses In Insurance Contracts Reverse-Preempts FAA
This case concerned a coverage dispute between Technical Security Integration Inc. and its insurer, Philadelphia Indemnity.
United States
7 Mar 2018
Following Cunningham, Pennsylvania District Court Finds Captive Reinsurance Putative Class Action Claims Are Time-Barred
Plaintiffs in both suits alleged that this scheme (between the mortgagee and the PMI insurer) violated RESPA's anti-kickback and anti-fee splitting provisions between the mortgagee and the PMI insurer.
United States
14 Feb 2018
Second Circuit Reiterates: Defendants Must Satisfy Burden Of Persuasion Through A Preponderance Of The Evidence To Rebut Basic Presumption In Securities Fraud Class Actions
The Second Circuit, in keeping with its recent decision in Waggoner v. Barclays, reaffirmed that defendants must satisfy the burden of persuasion by a preponderance of the evidence to rebut...
United States
31 Jan 2018
Less Than Two Weeks Before Trial, District Court Judge In Utica V. Fireman's Fund Rules On Motions In Limine
However, the court granted, among other requests, FFIC's motion to preclude Utica from introducing judicial decisions or settlements involving other insurer's challenges to Utica's aggregate limit position.
United States
11 Dec 2017
Court Affirms Dismissal Of Claim For Commissions For Placement Of Puerto Rican Public Liability Insurance
Plaintiffs Berkley Risk Solutions LLC, an insurance and reinsurance management services provider, and Admiral Insurance Co., an excess and surplus lines insurer, sued Industrial Re-International Inc., a New York reinsurance intermediary, and its founder, concerning certain commissions for public liability insurance placed with municipalities in Puerto Rico through American Foreign Underwriters Corp. (AFU), a licensed general agency.
United States
23 Nov 2017
Second Circuit Holds Section 1782 Discovery Is Available For Use In A Foreign Or International Proceeding Even Where Applicant Makes No Claim For Monetary Damages
This case arose out of a dispute between Intervenors-Appellants Yves Bouvier and MEI Invest Ltd. (collectively, "Bouvier") and Petitioners-Appellees Accent Delight International Ltd. and Xitrans Finance Ltd...
United States
21 Nov 2017
Court Affirms Arbitration Award, Finding No Violation Of Due Process Where Party Elected Not To Present Certain Evidence
Wilson, a former salesperson for Oracle, had unsuccessfully appealed the amount of her commission through Oracle's internal compensation review process.
United States
26 Sep 2017
Dish Network Liable For $61 Million After North Carolina District Court Trebles Damages In TCPA Class Action
A North Carolina district court recently held that Dish Network willfully violated the TCPA when Satellite Systems Network made more than 50,000 telemarketing and sales calls to phone numbers...
United States
1 Jun 2017
New York District Court Flushes Nationwide Class, Permits New York Classes To Go Forward
As such, the court limited its certification to three New York classes, two in the present case and one in a related case.
United States
30 Mar 2017
Third Circuit Applies Presumption Of Timeliness To Pre-Certification Motion To Intervene As Class Representative
This case concerned a federal antitrust class action involving a proposed class of Class 8 truck purchasers who alleged a conspiracy by several truck transmission suppliers and manufacturers to raise prices...
United States
6 Oct 2016
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