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Carlton Fields
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By Thaddeus Ewald, D. Matthew Allen
Last month the Ninth Circuit affirmed a district court decision approving a class settlement regarding Volkwagen's marketing of clean diesel vehicles that used so-called "defeat devices" to circumvent emissions tests.
By Matthew Conigliaro
The trial court ruled that the challenge was not preserved.
By Nora Valenza-Frost
Courts sometimes struggle with the issue of whether property damage arising in the context of a contractual relationship, particularly in construction contracts ...
By Thaddeus Ewald
Within one week of each other, United States Courts of Appeals in two circuits have issued opinions holding that arbitration agreements ...
By Carlton Fields
Florida Appeals Court Decisions: Week of September 10 - 14, 2018
By Sylvia Walbolt, E. Kelly Bittick Jr.
Florida intermediate appellate courts are error-correcting courts. We all know that. So when does a Florida appellate court not correct error?
By Benjamin E. Stearns
Effective July 24, 2018, New Mexico adopted the NAIC Credit for Reinsurance Model Regulation. New Mexico adopted the Model Rule as "part of a broad effort to modernize reinsurance regulation ...
By Gail Jankowski
The stipulation and the restructuring plan was then approved
By Heidi Hudson Raschke
As we have reported, an assignment of benefits is a legal tool that allows a third party, like a contractor, to be paid for services performed, like repairs following an insured loss, for an insured property owner ...
By Benjamin E. Stearns
Instead, the trial court entered a default judgment against Acosta, based on its admission that it had refused to pay the costs of the arbitration and the lack of evidence establishing its inability to do so.
By Lowell Walters
With U.S. student loan debt totaling $1.5 trillion, employers are seeking ways to ease the burden of repayment for their employees and prospective employees.
By Roland Goss
The follow the fortunes (or follow the settlements) doctrine has been an important part of many reinsurance relationships.
By Nora Valenza-Frost
QBE Seguros brought a successful action declaring a marine insurance policy was void ab initio under the doctrine of uberrimae fidei and the breach of the warranty of truthfulness in the application for insurance.
By Jason R. Brost
A district judge in the Eastern District of California has ordered a third-party insurance broker to comply with a subpoena from defendants seeking documents related to that broker's sale of
By Alex B. Silverman
The court refused to "look behind" and nullify that agreement based on defendant's allegations, particularly where there were no allegations of fraud or mistake in the issuance of the note.
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