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Carlton Fields
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By Christine Stoddard, Kristin Shepard
On April 30, the Supreme Court granted certiorari in Frank v. Gaos, No. 17-961 to review the fairness of the ever-increasing use of cy pres remedies in class action settlements.
By Gail Jankowski, Clifton Gruhn
The Supreme Court recently granted certiorari in Lamps Plus Inc. v. Varela, to determine "[w]hether the Federal Arbitration Act forecloses a state-law interpretation of an arbitration agreement ...
By Elizabeth Scarola
This is the first episode of what will be a bi-monthly podcast during which I will discuss trends and current events in the health care industry.
By Thaddeus Ewald, D. Matthew Allen, Kristin Shepard
The Seventh Circuit recently upheld the dismissal of a novel putative class action filed by financial institutions against grocer Schnuck Markets ("Schnucks") based on the economic loss doctrine.
By Ricardo Rozen, Gary Pappas
In a significant decision awaited by U.S. employers since January 2017, the Supreme Court upheld the use of class action waivers in arbitration agreements.
By Thaddeus Ewald
Royal Park, an investment company, recently suffered its second defeat in its attempt to certify a class action against Deutsche Bank regarding bond-like instruments collateralized by mortgages held in trusts ...
By Gail Jankowski, Clifton Gruhn
The District Court for the Northern District of California denied a motion for preliminary approval of a proposed settlement, citing the plaintiffs' disregard of the court's guidelines ...
By Gail Jankowski, Mark Neubauer
Must a plaintiff who brings an action under California's Private Attorney General Act (PAGA) comply with Rule 23's requirements? Although the Ninth Circuit has not addressed the issue ...
By Michael Wolgin
South Carolina and Tennessee updated their respective credit for reinsurance statutes consistent with NAIC Credit for Reinsurance Model Law 785. Idaho and Tennessee adopted the NAIC Credit for Reinsurance Model Regulation 786.
By Michael Wolgin
South Carolina passed new legislation making numerous and streamlining changes to its captive insurance law.
By Gail Jankowski
With respect to the grant of attorney's fees, the Ninth Circuit vacated the award as an abuse of discretion, finding that the district court granted Smagin's request for attorney's fees without entering any finding on bad faith.
By Carlton Fields
This Weeks Florida Appeals: Week of June 11 - 15, 2018
By Jason A. Morris
The Hartford affiliate Sentinel Insurance moved to strike, and the court agreed.
By Benjamin E. Stearns
This lawsuit centered around a contract providing a guaranty of performance in connection with an underlying broadband network access contract.
By Nora Valenza-Frost
The California Court of Appeals rejected defendants' appeal seeking to enforce an arbitration provision in a reinsurance participation agreement ("RPA").
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