Specialty Lines Advisory

It’s Not False Imprisonment if Plaintiff Refuses to Leave

United Airlines recently prevailed on a False Imprisonment claim involving a passenger who refused to leave the United Club Departure lounge in Cooper v. United Airlines, Inc., 2017 WL 3278924 (S.D.N.Y. August 1, 2017).  The Plaintiff was returning from Kenya… Continue Reading →

Plaintiff’s Case Deflated Because Hot Air Balloon Was Not A Common Carrier

Plaintiff sued a hot air balloon operator in Erika Grotheer v. Escape Adventures, Inc.,  __ Cal. Rptr. 3d. ___ (2017) for injuries she incurred as a passenger on a hot air balloon adventure which abruptly ended when the balloon crashed… Continue Reading →

Retaliation By Any Other Name…Is Still Willful

In National Union Fire Ins. Co. of Pittsburgh, PA v. Town of Norwood, __ F. Supp. 3d__, 2017 WL3185848 (D. Mass. July 26, 2017), the Town of Norwood, Massachusetts (“Norwood”) recently found out that a First Amendment claim for retaliation… Continue Reading →

California Supreme Court Requires Untethered Rest Break for California Employees

On March 21, 2017, the California Supreme Court issued a remittitur in a case much anticipated by California employers.  The questions before the Court in Augustus, et al., v. ABM Security centered around whether duties during a rest break and… Continue Reading →

Seventh Circuit Decides Another “Dam” Case: Lawsuit Filed Against Real Estate Broker By Former Clients Did Not Involve Broker’s Professional Services

In Madison Mutual Ins. Co. v. Diamond State Ins. Co., no. 15-3292, 2017 WL 1065557 (7th Cir. Mar. 21. 2017), the Seventh Circuit Court of Appeals determined that two separate lawsuits filed by the same plaintiffs against a real estate… Continue Reading →

No Coverage For Contempt Proceeding Under Lawyer’s Professional Liability Policy

By Lindsey Dean Although an award of sanctions against an attorney can be very costly to the attorney, the Eleventh Circuit’s recent opinion in Jones, Foster, Johnston & Stubbs, P.A. v. ProSight-Syndicate 1110 At Lloyd’s, no. 15-12399, 2017 WL 586450… Continue Reading →

Supreme Court to Review Enforceability of Class Action Waivers in October, Not June

On January 13, 2017, the U.S. Supreme Court announced it will review three cases to determine whether class action waivers in arbitration agreements are lawful. It was thought the issue would be decided by June 30, 2017. On Wednesday, the… Continue Reading →

Receiver’s Claims Against Former Officers Not Barred by Insured v. Insured Exclusion

Earlier this month, the 9th U.S. Circuit Court of Appeals held that an Insured v. Insured Exclusion barred coverage for claims brought by the FDIC as receiver for a failed financial institution. Last week, Judge William E. Smith in the… Continue Reading →

9th Circuit Holds Insured v. Insured Exclusion Bars Coverage for FDIC Receiver’s Failed Bank Claims

In a decision that follows on the heels of a wave of divergent opinions from courts across the country, the 9th U.S. Circuit Court of Appeals held that an Insured v. Insured Exclusion (I v. I Exclusion) in a directors… Continue Reading →

Fallout From Home Depot Breach Continues to Cause Concern for Corporate Officers

Republished from Tressler’s Privacy Risk Report blog. High profile data breaches are inevitably followed by a flurry of lawsuits, including derivative lawsuits filed by those companies’ shareholders. However, derivative suits have not found success and are frequently dismissed at the… Continue Reading →

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