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Ninth Circuit Amends Recent Decision
The U.S. Court of Appeals for the Ninth Circuit has issued an amended decision, Docket No. 10-56422, 2012 U.S. App. LEXIS 20887, 2012 U.S. App. LEXIS 20889, 2012 WL 4748679, (9th Cir. Cal. Oct. 5, 2012), to retract Du v. Allstate Ins. Co. et al., 681 F.3d 1118, 2012 U.S. App. LEXIS 11755, 2012 WL 2086584 (9th Cir. Cal. 2012), in which the court opined that, under California law, an insurer has a duty to promptly effectuate settlement when liability of its insured is reasonably clear, even absent a settlement demand by the claimant. The amended decision, filed on Oct. 5, 2012, supplanted the prior decision, issued on June 11, 2012, to limit the holding to the issue of whether a foundation existed for the jury instruction sought by Du with regard to bad faith and the insurer's settlement obligation. The Insurance Coverage Law Bulletin reported on the prior decision in September.
Joon Hak Kim (“Kim”), an insured of Allstate subsidiary Deerbrook Insurance Company (“Deerbrook”), caused a collision that injured appellant Yang Fang Du (“Du”). Kim's policy with Deerbrook had liability limits of $100,000/$300,000. Deerbrook attempted to obtain medical documentation for the next year, and notwithstanding a lack of cooperation by Du and Kim, accepted Kim's liability. Deerbrook eventually made several attempts to achieve a global settlement (Du's lawyer made a $300,000 global settlement demand for all four injured parties, but Deerbrook advised that there was insufficient information to settle; Deerbrook later tried to settle just Du's claim by offering $100,000, which was rejected). Du then filed a lawsuit against Kim and obtained a $4.1 million judgment. Kim then assigned his claim to Du, and Du brought suit against Deerbrook alleging bad faith and breach of the implied covenant of good faith and fair dealing.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?