Three Courts Look At Interrelated Wrongful Acts By: Robert S. Fraser and Gavin J. Curley

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "Three Courts Look At Interrelated Wrongful Acts By: Robert S. Fraser and Gavin J. Curley"

Transcription

1 Three Courts Look At Interrelated Wrongful Acts By: Robert S. Fraser and Gavin J. Curley Three cases decided this year in three different jurisdictions focus on the critical coverage determination of whether claims filed during a policy period were excluded from coverage because they were related to claims filed prior to that policy period. Two of the cases found that wrongful acts were interrelated where the issue was whether coverage was provided under a renewal tower or by implication to the prior tower. The third case found there was a fact question as to whether the relationships were sufficiently substantial to determine at the pleading stage that the claims were related. In SP Syntax LLC v. National Union Fire Insurance Company of Pittsburgh, Pa., CV (Ariz. Sup. Ct. Maricopa Cnty June 28, 2012), the question presented was whether a specific event exclusion, contained in the primary and first two excess policies, and/or the standard prior notice exclusion, contained in two excess Side A policies, applied to preclude coverage for cases filed in the policy year because of an earlier securities case reported during the immediately preceding policy year. With respect to the standard prior notice exclusion, the court held that the language raised a question of fact requiring extrinsic evidence and denied the motion of the Side A carriers. However, the Court found that because of its broad interrelated acts language, the specific event exclusion applied to preclude under the policy year and granted the motion of the primary and first two excess carriers. In November, 2007, equity investors in Syntax-Brillian Corporation ( SBC ) filed the Tsirekidze action against SBC and certain of its directors and officers ( D&Os ) alleging the defendants misrepresented SBC s financial condition to induce plaintiffs equity investment in SBC. The D&Os submitted the Tsirekidze action for coverage under the policies in effect at that time. In 2008 during the pendency of the policies, SP Syntax LLC filed a lawsuit against certain D&Os in connection with a credit facility agreement ( CFA ) of SBC for a $150 million term loan and a $100 million revolving loan (the Silver Point Action ). The basis of the Silver Point Action was alleged fraudulent statements in the procurement of the loans, including the financial statements that were the subject of the Tsirekidze action. The carriers denied coverage under the policy year on the basis that the Silver Point Action was related to the Tsirekidze action. Subsequently, the D&Os settled with the plaintiffs on a non-recourse basis and assigned their rights against the carriers to the plaintiffs who brought the lawsuit against the insured. The primary policy issued by National Union Fire Insurance Company of Pittsburgh, Pa., contained a standard prior notice provision which said [t]he Insurer shall not be liable to make any payment for Loss in connection with any Claim made against an Insured alleging, arising out of, based upon or attributable to the facts alleged, or to the same or related Wrongful Acts alleged or contained in any Claim which has been reported, or in any circumstances of which notice has been given, under any policy of which this policy is a renewal or replacement or which it may succeed in time. The primary policy also contained a specific event exclusion that applied to claims alleging, arising out of, based upon, attributable to or in any way related directly or indirectly, in part or in whole to an Interrelated Wrongful Act regardless of whether or not such Claim involved the same or different Insureds, the same or different legal causes of action or the same or different claimants or is brought in the same or different venue or resolved in the same of different forum. The endorsement defined an Interrelated Wrongful Act as any fact, circumstance, act or omission alleged in or any Wrongful Act which is the same as, similar or related to or a repetition of any Wrongful Act alleged in the Tsirekidze action. The endorsement also broadly excluded coverage for loss in connection with restatements or revisions of the insured s to SEC filings.

2 The Court determined that the plaintiff in the Silver Point Action pled these wrongful acts as being part of a wrongful course of conduct. Judge J. Richard Gama continued, [w]rongful acts are the same or at least related if they are tied together by a course of conduct aimed at a single particular goal. Upon finding this connection between the Silver Point Action and the Tsirekidze action, he found that coverage was excluded under the specific event exclusion which was contained only in the National Union primary policy and the first and second excess policies. The Side A/DIC policies did not contain the specific event endorsement found in the primary policy which made reference to the Tsirekidze action, but rather contained only a standard prior notice exclusion. The Court however indicated that the plaintiffs and the Side A/DIC carriers were free to argue the issue of whether these policies should drop down on a motion for summary judgment after discovery. The principal differences in the two exclusions was the reference in the standard exclusion to the facts alleged in the prior claim whereas the specific event exclusion referred to in whole or in part and any fact, circumstance, act or omission or any Wrongful Act. XL Specialty Insurance Co. v. Michael Perry, 11-cv-2078 (C.D. Cal. June 27, 2012) involved an action for a declaratory judgment brought by the carriers against former officers and directors of IndyMac Bank ( IndyMac ), which was in receivership and/or its holding company, IndyMac Bancorp, Inc. ( Bancorp ), which was in bankruptcy. At issue was coverage for ten lawsuits and matters (the Underlying Actions ) under a tower of insurance with eight $10 million layers. The Underlying Actions generally concerned IndyMac s failure to follow underwriting standards in making loans, and one lawsuit contains allegations of breach of corporate fiduciary duties in connection with the downstreaming of funds from Bancorp to IndyMac. The policies at issue contained limitations on interrelated wrongful acts, prior notice exclusions, and exclusions for the acts alleged in the Tripp litigation, which had been noticed to the carriers prior to the policy year. Defendants argued that these provisions were ambiguous and, therefore, should not be the basis for denying coverage. Judge R. Gary Klausner found no ambiguity in the following clauses and granted the insurers motions for summary judgment on the basis that one or more of the following exclusions precluded coverage for each of the Underlying Actions: Interrelated Wrongful Act Limitation wrongful acts which have as a common nexus any fact, circumstance, situation, event, transaction or series of facts, circumstances, situations, events or transactions and any wrongful act based on, arising out of, directly or indirectly resulting from, in consequence of, or in any way involving any of the same or related, or series of related, facts, circumstances, situations, transactions, or events. Prior Notice Exclusions any payment in connection with a claim based upon [sic] arising out of, directly or indirectly resulting from or in consequence of, or in any way involving: 1) any wrongful act or any fact, circumstance or situation which was been the subject of any notice given prior to the policy period. and based upon, arising out of, directly or indirectly resulting from, in consequence of, or in any way involving any fact, circumstance or situation, transaction event or wrongful act which, before the inception date of this policy was the subject of notice given under any other Directors and Officers insurance... 2

3 Tripp Litigation Exclusion no coverage shall be available under this policy for any claim based upon, arising out of, directly or indirectly resulting from or in consequence of, or in any way involving the following: 1) the [Tripp Litigation]; or 2) any fact, circumstance, situation, event, transaction or series of facts, circumstances, situations, events or transactions underlying or alleged in the Tripp Litigation, regardless of any legal theory upon which such claim is predicated. As in the case of the specific exclusion in SP Syntax, these provisions referred to any wrongful act or any fact, circumstance situation or event. Judge Klausner described the Tripp litigation as a class action securities lawsuit alleging that IndyMac ignored its own underwriting standards when originating loans, issued a substantial number of high risk loans in order to increase IndyMac s loan volume, quickly sold these high risk loans-either outright or through securitization transactions-and falsely portrayed the financial stability and health of IndyMac though SEC filings. The judge then gave the following reasons for excluding the following of the Underlying Actions from coverage - 1. FDIC Demand and FDIC Litigation the FDIC had issued a letter indicating its intent to file a lawsuit against IndyMac s officers and directors for issuing loans that did not meet the company s underwriting standards. The FDIC also sued Michael Perry for negligence in the issuance and securitization of high risk mortgages. Judge Klausner found facts, circumstances, situations, events, or transactions in common with the Tripp litigation, as well as the application of the interrelated wrongful acts limitation. 2. FDIC-HBD Matter this matter focused on the actions of the Home Builders Division of IndyMac, and Judge Klausner found that this Division approved loans in violation of IndyMac s underwriting standards, thereby creating a connection to the Tripp litigation. 3. Trustee Demand and Trustee Litigation the trustee for the directors first sent a demand letter to Michael Perry, then sued him for breach of fiduciary duties in connection with a decision by directors and officers to downstream funds from Bancorp to IndyMac. Judge Klausner continued, these claims directly result from the financial situation facing IndyMac as a result of the wrongful mortgage practices that are at the heart of the Tripp litigation. 4. MBIA Litigation and Assured Guaranty the allegations in this case were that the defendants did not follow underwriting standards and did not disclose that the mortgages that were part of the securitization were high risk. The Court found that these allegations have the same factual basis as those in the Tripp litigation. and 3

4 5. SEC Litigation this was an enforcement action brought against defendants Perry and Keys for allegedly making false representations concerning IndyMac s financial condition in SEC filings. Judge Klausner observed that the wrongs alleged in the SEC Litigation directly resulted from IndyMac s decision to abandon its underwriting practices and guidelines and [t]he risky mortgages put IndyMac in a perilous financial condition. Thereupon he had no trouble connecting the SEC Litigation with the Tripp litigation. In Ciena Capital LLC (f/k/a Business Loan Express LLC) v. XL Specialty Insurance Co. and Indian Harbor Insurance Co., No /2010 (N.Y. Sup. Ct. Mar. 26, 2012), the defendant sister insurance carriers, XL Specialty Insurance Co. and Indian Harbor Insurance Co. (together, XL ) moved to dismiss the action for breach of contract and declaratory relief based on Pending and Prior Proceedings Exclusions in the XL policies with a date of May 31, The policy of XL Specialty Insurance Co. provides, in pertinent part, as follows - The Insurer shall not be liable to make any payment for Loss in connection with any Claim made against an Insured Person, or with respect to INSURING AGREEMENT (C), the Company based upon, arising out of, directly or indirectly resulting from, in consequence of, or in any way involving any fact, circumstance, situation, transaction, event or Wrongful Act, Company Wrongful Act or Employment Practices Wrongful Act underlying or alleged in any prior and/or pending litigation or administrative or regulatory proceeding or arbitration which was brought prior to the Pending and Prior Litigation Date set forth in ITEM 6 of the Declarations and the policy of Indian Harbor Insurance Co. contained a similar provision which referred to investigations as well as regulatory proceedings. The insured sought coverage for a qui tam action styled United States of America ex rel. Brickman v. Business Loan Express, LLC, et al. (the Brickman Action ), which was filed under seal on December 28, 2004 in the United States District Court for the Northern District of Georgia. 2 The Brickman Action involved the small business lending activities of Ciena s predecessor Business Loan Express ( BLX ), and the allegations related to activities allegedly undertaken while BLX participated as a lender in the Preferred Lender Program ( PLP ), pursuant to which the United States Small Business Administration ( SBA ) guaranteed certain loans issued by BLX against default. The Brickman Action contended that BLX, its owner, Allied Capital, and six BLX employees engaged in fraudulent lending practices in connection with specific loans issued in Georgia, Michigan, New York, and Virginia pursuant to which BLX submitted false claims to the government in violation of the United States False Claims Act. XL contended that the Brickman Action was related to three other matters pending prior to May 31, 2007 (the operative date of XL s Pending and Prior Proceedings Exclusions) involving BLX s alleged fraudulent lending practices in connection with SBA guaranteed loans (the Other Proceedings ). The Other Proceedings included: (i) investigations into BLX s lending practices by the United States Securities and Exchange Commission and the United States Department of Justice; (ii) an indictment of BLX Executive Vice President Patrick Harrington for his alleged involvement in the fraudulent origination of seventy-six SBA-guaranteed loans at a BLX office in Michigan; and (iii) a separate qui tam action which was filed by the same relators in the Brickman Action, which asserted that BLX, through its subsidiary and certain employees, committed loan fraud with respect to loans made to Gulf Coast shrimping business as a part of the SBA s General Purpose Lender Program. XL denied coverage for the Brickman Action on the theory that it arose out of or was based on some of the same facts and 4

5 circumstances or Wrongful Acts in the Other Proceedings and, therefore, should be excluded by the Pending and Prior Proceeding Exclusion. Despite the broad language of the exclusions which referred to any facts, circumstances, transactions or Wrongful Acts, Judge Eileen Bransten denied the motion to dismiss on the basis that there was an issue of fact as to whether the Other Proceedings bore a substantial enough relationship to the Brickman Action, particularly because the specific loans at issue in the Brickman Action were not mentioned in any of the documentary evidence submitted by XL with respect to the Other Proceedings, including to the government investigations. Additionally, although the Harrington indictment pertained to BLX loans issued in Michigan, Judge Bransten found the indictment did not have a substantial relation to the Brickman Action because: (i) Mr. Harrington purportedly claimed that he did not have evidence to implicate BLX or its management when he was provided the opportunity by the government to receive a sizable reduction in his prison sentence; and (ii) Mr. Harrington was not named as a defendant in the Brickman Action. Finally, Judge Bransten found that there was not a sufficient factual nexus between the fraudulent procurement of the loans under the SBA s General Purpose Lender Program and the Brickman Action (which pertained to PLP loans). Although this case involved the broader language in the exclusion, the court was not presented with the issue of allocating the claims among two towers as in the other decisions discussed above. XL is appealing the decision. Mr. Fraser is a partner at D Amato & Lynch, LLP. His practice concentrates principally on employee benefit plan fiduciary liability and professional liability insurance coverage and representation. Mr. Curley is a partner at D Amato & Lynch, LLP. His practice focuses on corporate, banking and financial representation, as well as directors and officers, and other professional liability, insurance coverage. 1 XL also moved to dismiss based on a General E&O Exclusion contained in the Management Liability Policy. This argument was also rejected by the court on the basis that the exclusion was ambiguous because it did not define the term services. 2 A copy of the complaint was not provided to Ciena until September 28, Although the Brickman Action remained under seal at all times relevant to the decision discussed above, it should be noted that Ciena received permission from the United States Attorney s office to disclose the existence of the action to the carriers. Both the providing of the complaint to Ciena by the government and the subsequent disclosure of same to the carriers occurred during the term of the carriers respective claims made and reported policies. FROM THE D AMATO & LYNCH, LLP SUMMER 2012 NEWSLETTER 5

Case 2:15-cv-02235-SHL-dkv Document 1 Filed 04/09/15 Page 1 of 16 PageID 1 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE

Case 2:15-cv-02235-SHL-dkv Document 1 Filed 04/09/15 Page 1 of 16 PageID 1 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE Case 2:15-cv-02235-SHL-dkv Document 1 Filed 04/09/15 Page 1 of 16 PageID 1 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE FIRST HORIZON NATIONAL ) CORPORATION and ) FIRST TENNESSEE

More information

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION JOHN FRAZIER HUNT, : DECEMBER TERM, 2004 Plaintiff, : No. 2742 v. : (Commerce Program) NATIONAL

More information

STEPHEN S. EDWARDS, individually and as Trustee of the Super Trust Fund, u/t/d June 15, 2001, Plaintiff/Appellant,

STEPHEN S. EDWARDS, individually and as Trustee of the Super Trust Fund, u/t/d June 15, 2001, Plaintiff/Appellant, NOTICE: NOT FOR PUBLICATION. UNDER ARIZ. R. SUP. CT. 111(c), THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED. IN THE ARIZONA COURT OF APPEALS DIVISION ONE STEPHEN

More information

FORC QUARTERLY JOURNAL OF INSURANCE LAW AND REGULATION

FORC QUARTERLY JOURNAL OF INSURANCE LAW AND REGULATION The plaintiff in Schmidt filed suit against her employer, Personalized Audio Visual, Inc. ("PAV") and PAV s president, Dennis Smith ("Smith"). 684 A.2d at 68. Her Complaint alleged several causes of action

More information

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY : : : : : : : : : : : : : : : : : : : : :

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY : : : : : : : : : : : : : : : : : : : : : Case 3:10-cv-00205-GEB -DEA Document 7 Filed 02/11/10 Page 1 of 44 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY U.S. SPECIALTY INSURANCE COMPANY, v. Plaintiff, AT&T CORP., Defendant. AT&T CORP.,

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No. 14-11987 Non-Argument Calendar. Docket No. 1:13-cv-02128-WSD.

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No. 14-11987 Non-Argument Calendar. Docket No. 1:13-cv-02128-WSD. Case: 14-11987 Date Filed: 10/21/2014 Page: 1 of 11 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 14-11987 Non-Argument Calendar Docket No. 1:13-cv-02128-WSD PIEDMONT OFFICE

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT Filed 2/11/15 Estate of Thomson CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified

More information

* Each Will Comply With LR IA 10 2 Within 45 days Attorneys for Plaintiff, Goldman, Sachs & Co.

* Each Will Comply With LR IA 10 2 Within 45 days Attorneys for Plaintiff, Goldman, Sachs & Co. Case :-cv-00-lrh -WGC Document Filed 0// Page of 0 Stanley W. Parry Esq. Nevada Bar No. Jon T. Pearson, Esq. Nevada Bar No. 0 BALLARD SPAHR LLP 00 North City Parkway, Suite 0 Las Vegas, NV 0 Telephone:

More information

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION DEFENDANT S COUNTERCLAIM

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION DEFENDANT S COUNTERCLAIM UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION NATIONAL UNION FIRE INSURANCE ) COMPANY OF PITTSBURGH, PA, ) ) Plaintiff, ) Case No. 3:10-cv-00743 ) Judge Campbell v. ) Magistrate

More information

Case: 1:09-cv-06448 Document #: 48 Filed: 10/08/09 Page 1 of 5 PageID #:<pageid>

Case: 1:09-cv-06448 Document #: 48 Filed: 10/08/09 Page 1 of 5 PageID #:<pageid> Case: 1:09-cv-06448 Document #: 48 Filed: 10/08/09 Page 1 of 5 PageID #: UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION PRIME RECEIVABLES, LLC, Plaintiff, vs. ASSOCIATED

More information

United States Court of Appeals For the Eighth Circuit

United States Court of Appeals For the Eighth Circuit United States Court of Appeals For the Eighth Circuit No. 13-3381 Philadelphia Consolidated Holding Corporation, doing business as Philadelphia Insurance Companies lllllllllllllllllllll Plaintiff - Appellee

More information

NOT RECOMMENDED FOR PUBLICATION File Name: 14a0721n.06. No. 13-2126 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT ) ) ) ) ) ) ) ) ) ) )

NOT RECOMMENDED FOR PUBLICATION File Name: 14a0721n.06. No. 13-2126 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT ) ) ) ) ) ) ) ) ) ) ) NOT RECOMMENDED FOR PUBLICATION File Name: 14a0721n.06 No. 13-2126 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT PATRICK RUGIERO, v. Plaintiff-Appellee, NATIONSTAR MORTGAGE, LLC; FANNIE MAE; MORTGAGE

More information

IN THE SUPERIOR COURT OF THE STATE DELAWARE IN AND FOR NEW CASTLE COUNTY

IN THE SUPERIOR COURT OF THE STATE DELAWARE IN AND FOR NEW CASTLE COUNTY IN THE SUPERIOR COURT OF THE STATE DELAWARE IN AND FOR NEW CASTLE COUNTY ATTORNEYS LIABILITY PROTECTION ) SOCIETY, INC., a Risk Retention Group, ) ) Plaintiff / Counterclaim ) Defendant, ) ) v. ) ) JAY

More information

Directors & officers (D&O) liability insurance claims scenarios

Directors & officers (D&O) liability insurance claims scenarios Directors & officers (D&O) liability insurance claims scenarios Learn about the types of D&O claims you could face and how the right insurance can help protect you and your business Through our Private

More information

FEDERAL DEPOSIT INSURANCE CORPORATION v. ST. LOUIS TITLE, LLC, Dist...

FEDERAL DEPOSIT INSURANCE CORPORATION v. ST. LOUIS TITLE, LLC, Dist... Page 1 of 5 FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for AmTrust Bank, Plaintiff, v. ST. LOUIS TITLE, LLC, Defendants. No. 4:13 CV 1078 RWS. United States District Court, E.D. Missouri, Eastern

More information

UNITED STATES COURT OF APPEALS FIFTH CIRCUIT. No. 94-11035. (Summary Calendar) GLEN R. GURLEY and JEAN E. GURLEY, AMERICAN STATES INSURANCE COMPANY,

UNITED STATES COURT OF APPEALS FIFTH CIRCUIT. No. 94-11035. (Summary Calendar) GLEN R. GURLEY and JEAN E. GURLEY, AMERICAN STATES INSURANCE COMPANY, UNITED STATES COURT OF APPEALS FIFTH CIRCUIT No. 94-11035 (Summary Calendar) GLEN R. GURLEY and JEAN E. GURLEY, Plaintiffs-Appellants, versus AMERICAN STATES INSURANCE COMPANY, Defendant-Appellee. Appeal

More information

Insurance Coverage During the Economic Crisis. by Bianca R. Chapman and Marc Rosenthal

Insurance Coverage During the Economic Crisis. by Bianca R. Chapman and Marc Rosenthal Insurance Coverage During the Economic Crisis by Bianca R. Chapman and Marc Rosenthal The current financial crisis has resulted in unprecedented market volatility, credit concerns, market losses and bankruptcies

More information

Case 2:06-cv-02631-SMM Document 17 Filed 04/13/07 Page 1 of 9 UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

Case 2:06-cv-02631-SMM Document 17 Filed 04/13/07 Page 1 of 9 UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Case 2:06-cv-02631-SMM Document 17 Filed 04/13/07 Page 1 of 9 UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA JAMES BRETT MARCHANT, Plaintiff, 2:06-cv-02631 PHX JWS vs. ORDER AND OPINION [Re: Motion at

More information

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Roger Krueger, et al., Plaintiffs, v. Ameriprise Financial, Inc., et al., Defendants. Case No. 11-cv-2781 Judge Susan Richard Nelson NOTICE OF CLASS ACTION

More information

United States District Court Central District of California

United States District Court Central District of California CCCaaassseee :::- - -cccvvv- - -000000- - -OOODDDWWW- - -GGGJJJSSS DDDooocccuuummmeeennnttt FFFiiillleeeddd 000///000/// PPPaaagggeee ooofff PPPaaagggeee IIIDDD ###::: O JS- 0 MICHAEL PETERSEN, v. United

More information

Case 1:14-cv-01028-RMC Document 65-8 Filed 09/30/14 Page 1 of 10 EXHIBIT G

Case 1:14-cv-01028-RMC Document 65-8 Filed 09/30/14 Page 1 of 10 EXHIBIT G Case 1:14-cv-01028-RMC Document 65-8 Filed 09/30/14 Page 1 of 10 EXHIBIT G Case 1:14-cv-01028-RMC Document 65-8 Filed 09/30/14 Page 2 of 10 STATE RELEASE I. Covered Conduct For purposes of this Release,

More information

Hot Topics in Insurance Law for Health Care Providers

Hot Topics in Insurance Law for Health Care Providers Hot Topics in Insurance Law for Health Care Providers Michael W. Huddleston 214.855.7572 mhuddleston@munsch.com Professional Liability Issues Punitive Damages Medical Professional Liability Sec. 1901.252.

More information

Theda Spurgeon Appellant Vs. No. 11-04-00050-CV -- Appeal from Erath County Coan & Elliott, Attorneys at Law Appellee

Theda Spurgeon Appellant Vs. No. 11-04-00050-CV -- Appeal from Erath County Coan & Elliott, Attorneys at Law Appellee 11th Court of Appeals Eastland, Texas Opinion Theda Spurgeon Appellant Vs. No. 11-04-00050-CV -- Appeal from Erath County Coan & Elliott, Attorneys at Law Appellee Coan & Elliott, Attorneys at Law, (C&E)

More information

Insurance Companies On Offense

Insurance Companies On Offense Portfolio Media, Inc. 648 Broadway, Suite 200 New York, NY 10012 www.law360.com Phone: +1 212 537 6331 Fax: +1 212 537 6371 customerservice@portfoliomedia.com Insurance Companies On Offense Law360, New

More information

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. No

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. No UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-1362 GULF UNDERWRITERS INSURANCE COMPANY, versus Plaintiff - Appellee, KSI SERVICES, INCORPORATED, Defendant - Appellant. Appeal

More information

2016 IL App (1st) 133918-U. No. 1-13-3918 IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT

2016 IL App (1st) 133918-U. No. 1-13-3918 IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT 2016 IL App (1st) 133918-U No. 1-13-3918 SIXTH DIVISION May 6, 2016 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances

More information

Case 1:05-cv-01378-RLY-TAB Document 25 Filed 01/27/2006 Page 1 of 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION

Case 1:05-cv-01378-RLY-TAB Document 25 Filed 01/27/2006 Page 1 of 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION Case 1:05-cv-01378-RLY-TAB Document 25 Filed 01/27/2006 Page 1 of 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION VICKIE THORNBURG, Plaintiff, vs. STRYKER CORPORATION,

More information

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA EVANSVILLE DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA EVANSVILLE DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. v. MEAD JOHNSON & COMPANY et al Doc. 324 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA EVANSVILLE DIVISION NATIONAL UNION FIRE INSURANCE

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No. 11-13737. D.C. Docket Nos. 8:10-cv-02360-VMC ; 8:90-bk-10016-PMG

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No. 11-13737. D.C. Docket Nos. 8:10-cv-02360-VMC ; 8:90-bk-10016-PMG Case: 11-13737 Date Filed: 11/06/2012 Page: 1 of 6 IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 11-13737 [DO NOT PUBLISH] D.C. Docket Nos. 8:10-cv-02360-VMC ; 8:90-bk-10016-PMG In

More information

Case: 1:11-cv-00375-DAP Doc #: 16 Filed: 05/10/11 1 of 5. PageID #: <pageid> UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

Case: 1:11-cv-00375-DAP Doc #: 16 Filed: 05/10/11 1 of 5. PageID #: <pageid> UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION Case 111-cv-00375-DAP Doc # 16 Filed 05/10/11 1 of 5. PageID # 11cv0375a-ord(jurisdiction).wpd UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION C.B. FLEET COMPANY, INC.,

More information

Case 2:15-cv-03432-DDP-AGR Document 1 Filed 05/07/15 Page 1 of 15 Page ID #:1 UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA

Case 2:15-cv-03432-DDP-AGR Document 1 Filed 05/07/15 Page 1 of 15 Page ID #:1 UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA Case :-cv-0-ddp-agr Document Filed 0/0/ Page of Page ID #: 0 Matthew T. Walsh, Esq. (Bar No. ) CARROLL, McNULTY & KULL LLC 00 North Riverside Plaza, Suite 00 Chicago, Illinois 00 Telephone: () 00-000 Facsimile:

More information

COMMONWEALTH OF MASSACHUSETTS APPELLATE DIVISION OF THE DISTRICT COURT DEPARTMENT NORTHERN DISTRICT FRANK FODERA, SR.

COMMONWEALTH OF MASSACHUSETTS APPELLATE DIVISION OF THE DISTRICT COURT DEPARTMENT NORTHERN DISTRICT FRANK FODERA, SR. COMMONWEALTH OF MASSACHUSETTS APPELLATE DIVISION OF THE DISTRICT COURT DEPARTMENT NORTHERN DISTRICT FRANK FODERA, SR. V. ARBELLA PROTECTION INSURANCE COMPANY NO. 15-ADMS-10012 In the WOBURN DIVISION: Justice:

More information

STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF OAKLAND BUSINESS COURT. v. Case No. 14-139586-CK Hon. James M. Alexander

STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF OAKLAND BUSINESS COURT. v. Case No. 14-139586-CK Hon. James M. Alexander STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF OAKLAND BUSINESS COURT KEVIN LEE and MERIDIAN BIOTECHNOLOGIES, INC, Plaintiffs, v. Case No. 14-139586-CK Hon. James M. Alexander JOSEPH C. BIRD,

More information

IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT

IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT 2016 IL App (1st) 150810-U Nos. 1-15-0810, 1-15-0942 cons. Fourth Division June 30, 2016 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in

More information

Henkel Corp v. Hartford Accident

Henkel Corp v. Hartford Accident 2008 Decisions Opinions of the United States Court of Appeals for the Third Circuit 3-27-2008 Henkel Corp v. Hartford Accident Precedential or Non-Precedential: Non-Precedential Docket No. 06-4856 Follow

More information

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION ORDER

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION ORDER Case 4:13-cv-00101-BSM Document 42 Filed 08/14/13 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION FELICIA D. TAYLOR PLAINTIFF v. CASE NO. 4:13CV00101

More information

In an ever changing business and social environment it has become increasingly

In an ever changing business and social environment it has become increasingly DIRECTORS AND OFFICERS INSURANCE ISSUES By: National Business Institute June 20, 2008 Howard L. Lieber FISHER KANARIS, P.C. 200 South Wacker Drive 22nd Floor Chicago, Illinois 60606 312/474-1400 In an

More information

IN THE NEBRASKA COURT OF APPEALS. MEMORANDUM OPINION AND JUDGMENT ON APPEAL (Memorandum Web Opinion)

IN THE NEBRASKA COURT OF APPEALS. MEMORANDUM OPINION AND JUDGMENT ON APPEAL (Memorandum Web Opinion) IN THE NEBRASKA COURT OF APPEALS MEMORANDUM OPINION AND JUDGMENT ON APPEAL (Memorandum Web Opinion) CITY OF LINCOLN V. DIAL REALTY DEVELOPMENT NOTICE: THIS OPINION IS NOT DESIGNATED FOR PERMANENT PUBLICATION

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND MEMORANDUM

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND MEMORANDUM IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND IMPERIUM INSURANCE COMPANY f/k/a DELOS INSURANCE COMPANY v. Civil No. CCB-12-1373 ALLIED INSURANCE BROKERS, INC. MEMORANDUM This suit arises

More information

Case 3:06-cv-00701-MJR-DGW Document 526 Filed 07/20/15 Page 1 of 8 Page ID #13631 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS

Case 3:06-cv-00701-MJR-DGW Document 526 Filed 07/20/15 Page 1 of 8 Page ID #13631 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS Case 3:06-cv-00701-MJR-DGW Document 526 Filed 07/20/15 Page 1 of 8 Page ID #13631 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS ANTHONY ABBOTT, et al., ) ) No: 06-701-MJR-DGW Plaintiffs,

More information

The Riskof Vicarious Liability for BROKER MISCONDUCT BY BRADLEY A. MARCUS AND NAKIYA E. WHITAKER

The Riskof Vicarious Liability for BROKER MISCONDUCT BY BRADLEY A. MARCUS AND NAKIYA E. WHITAKER L e g a l The Riskof Vicarious Liability for BROKER MISCONDUCT BY BRADLEY A. MARCUS AND NAKIYA E. WHITAKER One offshoot of the mortgage crisis that began in 2008 has been the rise in lawsuits by borrowers

More information

Case: 1:12-cv-05985 Document #: 118 Filed: 01/14/15 Page 1 of 8 PageID #:<pageid>

Case: 1:12-cv-05985 Document #: 118 Filed: 01/14/15 Page 1 of 8 PageID #:<pageid> Case: 1:12-cv-05985 Document #: 118 Filed: 01/14/15 Page 1 of 8 PageID #: IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION KATHRYN MARCHETTI and ) JONATHON

More information

Indemnity Agreements & California s Crawford Decision: Its Implications and Strategies for Defense

Indemnity Agreements & California s Crawford Decision: Its Implications and Strategies for Defense Indemnity Agreements & California s Crawford Decision: Its Implications and Strategies for Defense Prepared for the Construction Law Section Meeting at the 2011 Annual Meeting of the Federation of Defense

More information

HP0868, LD 1187, item 1, 123rd Maine State Legislature An Act To Recoup Health Care Funds through the Maine False Claims Act

HP0868, LD 1187, item 1, 123rd Maine State Legislature An Act To Recoup Health Care Funds through the Maine False Claims Act PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney. Be it enacted by the People of the

More information

Fiduciary Liability Insurance for the Credit Crisis

Fiduciary Liability Insurance for the Credit Crisis Looking for Coverage By John W. Egan and Michael C. Cannata Fiduciary Liability Insurance for the Credit Crisis Insurance implications for the financial services industry of recent ERISA class actions

More information

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT. No. 14-4173 MICHAEL J. MANDELBROT; MANDELBROT LAW FIRM,

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT. No. 14-4173 MICHAEL J. MANDELBROT; MANDELBROT LAW FIRM, Case: 14-4173 Document: 003112102053 Page: 1 Date Filed: 10/15/2015 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 14-4173 MICHAEL J. MANDELBROT; MANDELBROT LAW FIRM, v. Appellants

More information

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA GELT FINANCIAL CORPORATION CIVIL ACTION NO. 09-4362 v. PERFORMANCE INSURANCE COMPANY OF NEW JERSEY and COSTELLO & ASSOCIATES

More information

Case 2:12-cv-02198-JWS Document 113 Filed 05/12/14 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

Case 2:12-cv-02198-JWS Document 113 Filed 05/12/14 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Case 2:12-cv-02198-JWS Document 113 Filed 05/12/14 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Mary M. Murphy, individually and as conservator for her minor children, W. M. and L. M.,

More information

UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF NORTH CAROLINA WINSTON-SALEM DIVISION

UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF NORTH CAROLINA WINSTON-SALEM DIVISION SO ORDERED. SIGNED this 22nd day of February, 2013. UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF NORTH CAROLINA WINSTON-SALEM DIVISION In re: Joseph Walter Melara and Shyrell Lynn Melara, Case No.

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Case: 13-20206 Document: 00512651962 Page: 1 Date Filed: 06/04/2014 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED June 4, 2014 UNITED STATES

More information

California Senate Bill 474 Impact on Owners & Contractors

California Senate Bill 474 Impact on Owners & Contractors California Senate Bill 474 Impact on Owners & Contractors Beginning January 1, 2013, project owners, general contractors ( GC ), construction managers ( CM ) and any lower tier contractor who employs subcontractors

More information

COURT ORDER STANDARD OF REVIEW STATEMENT OF FACTS

COURT ORDER STANDARD OF REVIEW STATEMENT OF FACTS DISTRICT COURT, CITY AND COUNTY OF DENVER, COLORADO 1437 Bannock Street Denver, CO 80202 Plaintiffs: JON C. COOK, an individual, and THE LUMBERYARDS DEVELOPMENT, L.L.C., a Colorado Limited Liability Company,

More information

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK. GORDON CASEY, individually and on behalf of all others similarly situated,

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK. GORDON CASEY, individually and on behalf of all others similarly situated, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK GORDON CASEY, individually and on behalf of all others similarly situated, Plaintiff, NOTICE OF CLASS ACTION SETTLEMENT v. MIDFIRST

More information

Case 06-00079-5-ATS Doc 26 Filed 08/24/06 Entered 08/24/06 13:28:19 Page 1 of 6

Case 06-00079-5-ATS Doc 26 Filed 08/24/06 Entered 08/24/06 13:28:19 Page 1 of 6 Case 06-00079-5-ATS Doc 26 Filed 08/24/06 Entered 08/24/06 13:28:19 Page 1 of 6 SO ORDERED. SIGNED this 24 day of August, 2006. A. Thomas Small United States Bankruptcy Judge UNITED STATES BANKRUPTCY COURT

More information

Employer Must Show Economic Injury to Successfully Invoke Key Employee Exception Under the Family and Medical Leave Act

Employer Must Show Economic Injury to Successfully Invoke Key Employee Exception Under the Family and Medical Leave Act June 1, 2011 I. EMPLOYMENT LAW Employer Must Show Economic Injury to Successfully Invoke Key Employee Exception Under the Family and Medical Leave Act In Johnson v. Resources for Human Development, Inc.,

More information

2015 IL App (1st) 142070-U No. 1-14-2070 March 24, 2015 IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT

2015 IL App (1st) 142070-U No. 1-14-2070 March 24, 2015 IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT 2015 IL App (1st) 142070-U No. 1-14-2070 March 24, 2015 SECOND DIVISION NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances

More information

GOVERNMENT PROSECUTIONS AND QUI TAM ACTIONS

GOVERNMENT PROSECUTIONS AND QUI TAM ACTIONS GOVERNMENT PROSECUTIONS AND QUI TAM ACTIONS DISTRICT OF COLUMBIA OFFICIAL CODE DIVISION I. GOVERNMENT OF DISTRICT. TITLE 2. GOVERNMENT ADMINISTRATION. CHAPTER 3B. OTHER PROCUREMENT MATTERS. SUBCHAPTER

More information

Case 2:14-cv-00170-TS Document 45 Filed 05/11/15 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH

Case 2:14-cv-00170-TS Document 45 Filed 05/11/15 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH Case 2:14-cv-00170-TS Document 45 Filed 05/11/15 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, a Connecticut corporation, and

More information

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA NOTICE OF PROPOSED CLASS ACTION SETTLEMENT

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA NOTICE OF PROPOSED CLASS ACTION SETTLEMENT UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA NOTICE OF PROPOSED CLASS ACTION SETTLEMENT If you paid a practice assessment to the American Psychological Association Practice Organization, you

More information

Insurers Not Obligated to Defend in ZIP Code Coverage Suits

Insurers Not Obligated to Defend in ZIP Code Coverage Suits Insurers Not Obligated to Defend in ZIP Code Coverage Suits By Bryana Blessinger Hill & Lamb LLP Portland, Oregon Insurers are increasingly faced with privacy and data-breach related claims. One of the

More information

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MEMORANDUM. Bartle, J. December, 2012

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MEMORANDUM. Bartle, J. December, 2012 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ZENITH INSURANCE COMPANY : CIVIL ACTION : v. : : WELLS FARGO INSURANCE SERVICES : OF PENNSYLVANIA, INC., et al. : NO. 10-5433

More information

2015 IL App (1st) 142304-U. No. 1-14-2304 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

2015 IL App (1st) 142304-U. No. 1-14-2304 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT 2015 IL App (1st 142304-U SECOND DIVISION May 5, 2015 No. 1-14-2304 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances

More information

COURT OF COMMON PLEAS FOR THE STATE OF DELAWARE Wilmington, Delaware 19801

COURT OF COMMON PLEAS FOR THE STATE OF DELAWARE Wilmington, Delaware 19801 COURT OF COMMON PLEAS FOR THE STATE OF DELAWARE Wilmington, Delaware 19801 Alfred Fraczkowski Judge Dario Davis Matthew G. Summers, Esquire 16 McCord Drive Jessica C. Watt, Esquire Newark, DE 19713 Ballard

More information

Seventh Circuit Expands the Based Upon Exception to Jurisdiction in False Claims Act Lawsuits

Seventh Circuit Expands the Based Upon Exception to Jurisdiction in False Claims Act Lawsuits Seventh Circuit Expands the Based Upon Exception to Jurisdiction in False Claims Act Lawsuits Robert R. Stauffer and Sandi J. Toll As the authors explain, a recent appellate court decision should expand

More information

Case 06-03280 Document 35 Filed in TXSB on 11/27/06 Page 1 of 7 IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS

Case 06-03280 Document 35 Filed in TXSB on 11/27/06 Page 1 of 7 IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS Case 06-03280 Document 35 Filed in TXSB on 11/27/06 Page 1 of 7 IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION IN RE DAVID WIMBERLY, CASE NO. 05-81669-G3-13 Debtor,

More information

Case: 5:10-cv-01912-DAP Doc #: 21 Filed: 03/14/11 1 of 8. PageID #: 358 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

Case: 5:10-cv-01912-DAP Doc #: 21 Filed: 03/14/11 1 of 8. PageID #: 358 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION Case: 5:10-cv-01912-DAP Doc #: 21 Filed: 03/14/11 1 of 8. PageID #: 358 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION UNIQUE PRODUCT SOLUTIONS, LTD., ) Case No. 5:10-CV-1912 )

More information

COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA

COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA Filed 10/4/13; pub. order 10/28/13 (see end of opn.) COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA SAN DIEGO ASSEMBLERS, INC., D062406 Plaintiff and Appellant, v. WORK COMP

More information

SUPREME COURT OF ARIZONA En Banc

SUPREME COURT OF ARIZONA En Banc SUPREME COURT OF ARIZONA En Banc BT CAPITAL, LLC, an Arizona ) Arizona Supreme Court limited liability corporation, ) No. CV-11-0308-PR ) Plaintiff/Appellant/ ) Court of Appeals Cross-Appellee, ) Division

More information

FILED May 21, 2015 Carla Bender 4 th District Appellate Court, IL

FILED May 21, 2015 Carla Bender 4 th District Appellate Court, IL NOTICE This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e(1. 2015 IL App (4th 140713-U NO. 4-14-0713

More information

Case 3:09-cv-01222-MMH-JRK Document 33 Filed 08/10/10 Page 1 of 8 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION

Case 3:09-cv-01222-MMH-JRK Document 33 Filed 08/10/10 Page 1 of 8 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION Case 3:09-cv-01222-MMH-JRK Document 33 Filed 08/10/10 Page 1 of 8 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION PHL VARIABLE INSURANCE COMPANY, Plaintiff, vs. Case No. 3:09-cv-1222-J-34JRK

More information

UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION à IN RE: CASE NO. 05-83912. Plaintiff, v. ADVERSARY NO.

UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION à IN RE: CASE NO. 05-83912. Plaintiff, v. ADVERSARY NO. UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION à IN RE: CASE NO. 05-83912 William Ralph LaFevor, Debtor. à CHAPTER 7 JUDGE MASSEY Ann Woolner, Plaintiff, v. ADVERSARY NO.

More information

SPECIMEN. (1) a written demand for monetary damages or non-monetary relief;

SPECIMEN. (1) a written demand for monetary damages or non-monetary relief; In consideration of payment of the premium and subject to the Declarations, General Terms and Conditions, limitations, conditions, provisions and other terms of this Policy, the Company and the Insureds

More information

Annuity and Life Insurance Sales Practice Class Actions

Annuity and Life Insurance Sales Practice Class Actions Annuity and Life Insurance Sales Practice Class Actions BY: Joseph H. Jay Aughtman Beasley, Allen, Crow, Methvin, Portis & Miles, P.C. Montgomery, Alabama I. Annuity Sales The sale of various forms of

More information

United States District Court, District of Minnesota. Rasschaert v. Frontier Communications Corp. Case No. 11-cv-02963 DWF/JSM

United States District Court, District of Minnesota. Rasschaert v. Frontier Communications Corp. Case No. 11-cv-02963 DWF/JSM United States District Court, District of Minnesota Rasschaert v. Frontier Communications Corp. Case No. 11-cv-02963 DWF/JSM NOTICE OF PENDENCY OF CLASS ACTION, PROPOSED SETTLEMENT, AND HEARING A court

More information

2015 IL App (2d) 140825-U No. 2-14-0825 Order filed October 15, 2015 IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT

2015 IL App (2d) 140825-U No. 2-14-0825 Order filed October 15, 2015 IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT No. 2-14-0825 Order filed October 15, 2015 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule

More information

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA. Complaint

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA. Complaint UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA Marc Sirabella v. : Civil Action No. 09-cv-2378 : Gerald E. Moore & Associates PC a/k/a Gerald E. Moore & Associates Law Offices :

More information

Case 1:13-cv-02025-RMC Document 12-6 Filed 02/26/14 Page 1 of 11 EXHIBIT F

Case 1:13-cv-02025-RMC Document 12-6 Filed 02/26/14 Page 1 of 11 EXHIBIT F Case 1:13-cv-02025-RMC Document 12-6 Filed 02/26/14 Page 1 of 11 EXHIBIT F Case 1:13-cv-02025-RMC Document 12-6 Filed 02/26/14 Page 2 of 11 State Release I. Covered Conduct For purposes of this Release,

More information

Insurance Coverage for the Economic Crisis:

Insurance Coverage for the Economic Crisis: Co-Sponsored by: Insurance Coverage for the Economic Crisis: Hedging Your Financial Losses Steve Gilford, Proskauer Rose LLP sgilford@proskauer.com Marc Rosenthal, Proskauer Rose LLP mrosenthal@proskauer.com

More information

In The NO. 14-98-00234-CV. UNITED STATES AUTOMOBILE ASSOCIATION, Appellant

In The NO. 14-98-00234-CV. UNITED STATES AUTOMOBILE ASSOCIATION, Appellant Affirmed and Opinion filed January 13, 2000. In The Fourteenth Court of Appeals NO. 14-98-00234-CV UNITED STATES AUTOMOBILE ASSOCIATION, Appellant V. UNDERWRITERS AT INTEREST and STEVEN RICHARD BISHOP,

More information

2014 IL App (1st) 130250-U. No. 1-13-0250 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

2014 IL App (1st) 130250-U. No. 1-13-0250 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT 2014 IL App (1st) 130250-U FIFTH DIVISION September 12, 2014 No. 1-13-0250 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited

More information

National Union Fire Insurance Company of Pittsburgh, Pa. LAWYERS PROFESSIONAL LIABILITY RENEWAL APPLICATION

National Union Fire Insurance Company of Pittsburgh, Pa. LAWYERS PROFESSIONAL LIABILITY RENEWAL APPLICATION National Union Fire Insurance Company of Pittsburgh, Pa. (herein called the Insurer ) LAWYERS PROFESSIONAL LIABILITY RENEWAL APPLICATION NOTICE THIS IS AN APPLICATION FOR INSURANCE WRITTEN ON A CLAIMS

More information

2014 IL App (5th) 120588-U NO. 5-12-0588 IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT

2014 IL App (5th) 120588-U NO. 5-12-0588 IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT NOTICE Decision filed 01/23/14. The text of this decision may be changed or corrected prior to the filing of a Petition for Rehearing or the disposition of the same. 2014 IL App (5th) 120588-U NO. 5-12-0588

More information

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA. v. MEMORANDUM AND ORDER

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA. v. MEMORANDUM AND ORDER Case 0:10-cv-00772-PAM-RLE Document 33 Filed 07/13/10 Page 1 of 8 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Ideal Development Corporation, Mike Fogarty, J.W. Sullivan, George Riches, Warren Kleinsasser,

More information

United States Court of Appeals

United States Court of Appeals In the United States Court of Appeals For the Seventh Circuit No. 07-3147 NAUTILUS INSURANCE COMPANY, an Arizona corporation, v. Plaintiff-Appellant, 1452-4 N. MILWAUKEE AVENUE, LLC, GREAT CENTRAL INSURANCE

More information

In the Court of Appeals of Georgia

In the Court of Appeals of Georgia SECOND DIVISION BARNES, P. J., MILLER and RAY, JJ. NOTICE: Motions for reconsideration must be physically received in our clerk s office within ten days of the date of decision to be deemed timely filed.

More information

CAPITAL MARKETS LITIGATION

CAPITAL MARKETS LITIGATION LOWENSTEIN SANDLER PC CLIENT ALERT CAPITAL MARKETS LITIGATION ATTORNEY ADVERTISING RESIDENTIAL MORTGAGE-BACKED SECURITIES LITIGATION: 2010 SURVEY By Jonathan C. Wishnia, Esq., Scott L. Walker, Esq., Elliott

More information

The following papers read on this motion: Motion Sequence #001. Reply Memorandum of Law X. Affirmation in Opposition XX Memorandum of Law XX

The following papers read on this motion: Motion Sequence #001. Reply Memorandum of Law X. Affirmation in Opposition XX Memorandum of Law XX X - SHORT FORM ORDER SUPREME COURT - STATE OF NEW YORK Present: HON. STEPHEN A. BUCARIA Justice ORIGINAL JONATHAN WINICK, ALETA ROSEN-WINICK, SIDNEY ROSEN and MURIEL ROSEN, -against- Plaintiffs, TRIAL/IAS,

More information

Case 08-01176-AJC Document 1 Filed 03/01/2008 Page 1 of 12 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION

Case 08-01176-AJC Document 1 Filed 03/01/2008 Page 1 of 12 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION Case 08-01176-AJC Document 1 Filed 03/01/2008 Page 1 of 12 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION In re: JOSE SANCHEZ Case No.: 01-42230-BKC-AJC and FANNY SANCHEZ, Chapter

More information

IN THE APPELLATE COURT OF ILLINOIS FOURTH DISTRICT ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

IN THE APPELLATE COURT OF ILLINOIS FOURTH DISTRICT ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) NOTICE This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e(1. NO. 4-10-0751 Filed 6/28/11 IN THE

More information

Illinois Official Reports

Illinois Official Reports Illinois Official Reports Appellate Court Certain Underwriters at Lloyd s London v. The Burlington Insurance Co., 2015 IL App (1st) 141408 Appellate Court Caption CERTAIN UNDERWRITERS AT LLOYD S LONDON,

More information

Structure Tone, Inc. v Travelers Indem. Co. 2015 NY Slip Op 30706(U) April 29, 2015 Supreme Court, New York County Docket Number: 159598/2014 Judge:

Structure Tone, Inc. v Travelers Indem. Co. 2015 NY Slip Op 30706(U) April 29, 2015 Supreme Court, New York County Docket Number: 159598/2014 Judge: Structure Tone, Inc. v Travelers Indem. Co. 2015 NY Slip Op 30706(U) April 29, 2015 Supreme Court, New York County Docket Number: 159598/2014 Judge: Eileen A. Rakower Cases posted with a "30000" identifier,

More information

29 of 41 DOCUMENTS. SAN DIEGO ASSEMBLERS, INC., Plaintiff and Appellant, v. WORK COMP FOR LESS INSURANCE SERVICES, INC., Defendant and Respondent.

29 of 41 DOCUMENTS. SAN DIEGO ASSEMBLERS, INC., Plaintiff and Appellant, v. WORK COMP FOR LESS INSURANCE SERVICES, INC., Defendant and Respondent. Page 1 29 of 41 DOCUMENTS SAN DIEGO ASSEMBLERS, INC., Plaintiff and Appellant, v. WORK COMP FOR LESS INSURANCE SERVICES, INC., Defendant and Respondent. D062406 COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE

More information

2015 IL App (2d) 141168-U No. 2-14-1168 Order filed October 15, 2015 IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT

2015 IL App (2d) 141168-U No. 2-14-1168 Order filed October 15, 2015 IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT No. 2-14-1168 Order filed October 15, 2015 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule

More information

REPLY OF THE NEW YORK STATE WORKERS COMPENSATION BOARD IN FURTHER SUPPORT OF ITS MOTION FOR RELIEF FROM THE AUTOMATIC STAY

REPLY OF THE NEW YORK STATE WORKERS COMPENSATION BOARD IN FURTHER SUPPORT OF ITS MOTION FOR RELIEF FROM THE AUTOMATIC STAY In re: Pg 1 of 9 promoted. papers, however, make it clear that no one would be prejudiced and judicial economy would be stay would prejudice them and that it would not promote judicial economy. The WCB

More information

Illinois Association of Defense Trial Counsel, IDC Quarterly, Vol. 9., No. 2

Illinois Association of Defense Trial Counsel, IDC Quarterly, Vol. 9., No. 2 Property Insurance By: Michael S. Sherman Chuhak & Tecson P.C. Chicago Extra-Contractual Damages Against Insurers: What is the Statute of Limitations? Background The Illinois Legislature has provided a

More information

NUZZO & ROBERTS PROFESSIONAL LIABILITY NEWSLETTER

NUZZO & ROBERTS PROFESSIONAL LIABILITY NEWSLETTER NUZZO & ROBERTS PROFESSONAL LABLTY NEWSLETTER Volume 7 No. 2 April 2010 MEDCAL MALPRACTCE Appellate Court Held Medical Opinion was Sufficient to Comply with the Requirements of C.G.S. 52-190a n Wilcox

More information

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT If you settled a personal injury or worker s compensation claim with Hartford Accident and Indemnity Company, Hartford Casualty Insurance Company,

More information

If You Purchased StarKist Tuna, You May Benefit From A Proposed Class Action Settlement

If You Purchased StarKist Tuna, You May Benefit From A Proposed Class Action Settlement United States District Court for the Northern District of California If You Purchased StarKist Tuna, You May Benefit From A Proposed Class Action Settlement A federal court authorized this notice. This

More information

LEGAL NOTICE OF PROPOSED CLASS ACTION SETTLEMENT

LEGAL NOTICE OF PROPOSED CLASS ACTION SETTLEMENT LEGAL NOTICE OF PROPOSED CLASS ACTION SETTLEMENT The Records of Trina Turk reflect that you may be part of the proposed FACTA and/or Song Beverly Settlement Classes described as follows: All individuals

More information

United States Court of Appeals

United States Court of Appeals In the United States Court of Appeals No. 13-1186 For the Seventh Circuit IN RE: JAMES G. HERMAN, Debtor-Appellee. APPEAL OF: JOHN P. MILLER Appeal from the United States District Court for the Northern

More information