Hello, Kitty! Can You Smell That Smell? It's a Covered Loss!
December 31, 2015
The NH Supreme Court's recent decision in <I>Mellin v. N. Sec. Ins. Co.</I> is getting some attention, and not just because it's fun to talk about cat pee. The case sets a very important precedent regarding the definition of the term "physical loss" and the construction of pollution exclusions in NH property insurance policies.
General Jurisdiction After <i>Daimler AG v. Bauman</i>
December 31, 2015
The Supreme Court's recent decision in <I>Daimler AG v. Bauman</I> announced a sweeping change to the law of personal jurisdiction. The Court held that a corporate defendant is subject to general personal jurisdiction only where the corporation may fairly be "regarded as at home."
Litigating Effectively in a Contentious Environment
December 31, 2015
Frivolous lawsuits. Sneaky discovery decisions. Unreasonable motion practice. "Rambo" litigators. If you are a defense attorney, you likely encounter one or more of these abusive litigation tactics on a monthly ' if not a weekly ' basis. How can they be addressed?
Investigations in Developing Countries
December 31, 2015
Conducting an internal investigation into questionable company conduct is universally a stressful experience. Imagine having to handle all that in a remote location, thousands of miles and multiple time zones away, in a developing part of the world with logistical and infrastructure challenges, and with cultural, political and legal systems that differ markedly from those in the United States.
<b><i>Practice Tip:</i></b> Insurance Issues in M&A Transactions
November 30, 2015
Product liability insurance is one of the few coverages that is written on either an occurrence or claims-made basis, depending on the extent of the insured's risk and financial ability to pay the premium. This article explores some of the 'insurance issues arising out of M&A transactions.
The Rise of No-Injury Class Actions
November 30, 2015
We all know that for a product liability plaintiff to have standing to sue, he must demonstrate both that he suffered some form of compensable harm and that the harm was caused by the defendant's product. But what if that plaintiff is an unnamed member of a class action?
'Consent to Assignment' Clauses Held 'Unenforceable by CA Court
November 30, 2015
Whether a policy's anti-assignment clause will void a transfer of insurance proceeds or coverage rights, by contract or operation of law, usually requires an analysis of whether the predecessor corporation is an insured under the policy; whether the predecessor corporation still exists; whether the successor corporation succeeded to the predecessor's liabilities; and more.
