News

Litigation

[03/10] Feds probe Toyota Prius crash in NYC suburb
[03/10] NYC wins right to keep famed restaurant name
[03/10] Animal activists target Calif. sushi restaurant
[03/10] Products recalled due to possible salmonella risk

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Insurance

[03/10] Sapiens Reports Strong Q4 Net Profit in 2009; Non GAAP 2009 Annual Operating Profit of $6.53 Million
[03/10] Securian Paper Offers Target Date Fund Guidance for Plan Sponsors
[03/10] Feds probe Toyota Prius crash in NYC suburb
[03/10] Swiss Re puts Chile quake insurance cost at $4-7BN

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Civil Rights

[03/10] Female World War II aviators to be honored
[03/10] DC courthouse busy with same-sex applications
[03/10] Assisted suicide group preparing for Ga. trial
[03/10] Ga. judge's order dismisses claims in King dispute

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Business

[03/10] Greek strike to shut down services Thursday
[03/10] Oligarch wins suit against Russian broadcaster
[03/10] World stocks up modestly; pound takes another hit
[03/10] Nationalized UK bank Northern Rock back in profit

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Case Summaries

Contracts

[03/10] Milwaukee Metro. Sewerage Dist. v. American Int'l Specilaty Lines Ins. Co.
In a sewerage district's suit for damages against an environmental liability insurer for denying coverage for costs incurred by the district in removing significant pollution on land it recently purchased, district court's judgment is reversed and remanded as, the district court's finding that there was clear and convincing proof that a prior agreement existed between the insurance company and the sewerage district that the parcel would be covered property was clearly erroneous. Therefore, defendant is entitled to judgment on the sewerage district's reformation claim and, as a consequence, judgment in favor of defendant on its indemnity claim is vacated.

[03/09] Seltzer v. Barnes
Trial court's denial of defendant's anti-SLAPP motion, arising from an underlying suit involving claims against a property management company and homeowners' association, is reversed where: 1) the trial court erred in concluding plaintiff's two causes of action against defendant do not arise from speech or petitioning activity where his alleged conduct was the negotiation of a settlement in the prior case; and 2) because defendant may not be held liable for the alleged conduct under the litigation privilege, plaintiff has failed to show a probability of prevailing on her causes of action for fraud and intentional infliction of emotional distress.

[03/09] San Francisco Hous. Auth. v. SEIU Local 790
Superior court's order vacating an arbitration award in its entirety on the ground that the the award is contrary to layoff provisions of the memorandum of understanding (MOU) between the parties is reversed as the remedy imposed by the arbitrator did not conflict with clear and explicit language of the MOU and it was rationally related to the breach identified.

[03/09] Kuhn Constr. Co. v. Diamond State Port Corp.
In an action to enjoin an arbitration initiated by defendant based on a referee clause in the agreement between the parties, grant of defendant's motions to dismiss the complaint and compel arbitration is reversed where the referee clause, on these facts, did not clearly require arbitration.

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