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This Week's Florida Appeals: Week Of December 3 - 7, 2018
Calixto v. Lesmes - Hague Convention on Child Abduction
United States
13 Dec 2018
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
Florida Appeals Court Decisions: Week of October 1 - 5, 2018
Florida Appeals Court Decisions: Week of October 1 - 5, 2018
United States
9 Oct 2018
Delaware Bankruptcy Court Confirms Restructuring Plan Involving Scottish Re
The stipulation and the restructuring plan was then approved
United States
13 Sep 2018
Virginia Supreme Court Considers Terms Of Assumption Reinsurance Transaction In Determining Obligations Of Insolvent Insurer
A group of Kentucky hospitals sought reimbursement for legal fees incurred in two lawsuits related to the insolvency of their insurer, Reciprocal of America ("ROA").
United States
22 Dec 2017
Court Denies Mf Global Holdings' Bid To Appeal Bankruptcy Court Order Compelling Arbitration
On October 30, 2017 the Southern District of New York rejected MF Global Holdings' latest attempt to avoid a bankruptcy court order compelling it to submit to arbitration in Bermuda in its coverage dispute...
United States
27 Nov 2017
Following Series Of Procedural Battles, Bankruptcy Court Sends MF Global Holdings Dispute To Arbitration In Bermuda
In the latest opinion arising from a coverage dispute following MF Global Holdings's bankruptcy, the Bankruptcy Court in the Southern District of New York sent the dispute to arbitration in Bermuda...
United States
5 Sep 2017
"Arising" Tide For Insurers: 11th Circuit Takes Expansive View Of Prior Acts Exclusion
Claims-made policies often cover acts that occur before a policy period, so long as they result in a covered claim during the policy period.
United States
2 Aug 2017
MF Global Holdings Reinsurer's $15 Million Bond Struck By Bankruptcy Court And Leave To Appeal Rejected By New York Federal Court
The Bankruptcy Court also struck Allied World's bond filed in response to the court's June 12 order.
United States
1 Aug 2017
Bankruptcy Court Requires An MF Global Holdings Bermuda Reinsurer To Post $15 Million Bond Before Deciding Motion To Compel Arbitration
In the most recent decision in an ongoing dispute between MF Global Holdings Ltd. and its (re)insurers, the Bankruptcy Court for the Southern District of New York ordered Allied World to post a...
United States
17 Jul 2017
Real Property & Title Insurance Update: Week Ending June 16 & 23, 2017
A weekly summary of select real property, financial services, and title insurance cases and recent developments, presented by Carlton Fields' Real Property Litigation and Consumer Finance practice groups.
United States
4 Jul 2017
Playing The Blame Game: Fiduciary Duty Litigation In Bankruptcy Proceedings
Businesses and other organizations fail from time to time. That is a reality of our capitalist system.
United States
23 Jun 2017
Appellate Court Precludes Assignee Of Reinsurance Claims From Re-Litigating Lack Of Entitlement To Arbitration
In 1986, Pine Top Insurance Company became insolvent and was placed into liquidation.
United States
25 Apr 2017
Bankruptcy Court Holds Bermuda Insurers Violated Barton Doctrine By Seeking Anti-Suit Injunctions In Bermuda Courts
Two separate courts in the Southern District of New York have recently issued opinions relating to a complicated bankruptcy proceeding following the collapse of MF Global Holdings Ltd. in 2011.
United States
15 Mar 2017
Mortgage Servicer Defeats Class Certification Over Collection Practices Allegedly Targeting Discharged Mortgage Debts
The Middle District of Florida recently denied a plaintiff's motion for class certification concerning claims that a collection agency illegally and intentionally sent collection correspondence...
United States
7 Mar 2017
Real Property & Title Insurance Update: Week Ending October 7, 2016
Foreclosure: debtor that agreed to "surrender" property in bankruptcy was required to surrender the property to the bankruptcy trustee and secured creditor...
United States
19 Oct 2016
Surrendering Your Property In Bankruptcy Means You Must Actually Surrender It
The title of this article seems self-evident. Lenders, servicers, and others active in the foreclosure arena these past few years know that it has been anything but.
United States
17 Oct 2016
Excalibur Reinsurance Corporation Placed Into Liquidation
Excalibur had been in run-off status since 2003, and under regulatory supervision since at least 2013. A Pennsylvania court has now placed Excalibur into liquidation based on three grounds.
United States
17 Aug 2016
Texas Court Adjudicates Claim Against Insurer In Receivership
In mid-June, a Texas court adjudicated a dispute between an insurance receiver and an insurer that claimed that it was owed more than twice as much from the insolvent insurer due to a misclassification of its claim.
United States
9 Aug 2016
Eleventh Circuit's Liberal Reading Of Bonner Mall A Game Changer For Class Actions?
An Eleventh Circuit panel recently vacated two district court orders after sending the parties to mediation, and after the parties' conditioned settlement on vacatur of the orders.
United States
2 Aug 2016
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