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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 →

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 →

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 →

Court Tackles D&O Coverage Issues in Football Concussion Suit

As NFL and NCAA football players continue to file lawsuits against their former teams, leagues and conferences for alleged head injuries, there is no question that those teams, leagues and conferences will continue to turn to their insurers for coverage… Continue Reading →

Health Provider Cannot Create Coverage for Medicare Fraud Under Management Liability Policy

In Mission City Cmnty. Network, Inc. v. The Hanover Ins. Co. case no. 16-cv-2409 (C.D. Cal. October 14, 2016), the U.S. District Court for the Central District of California held that Hanover Insurance Company (Hanover) properly denied coverage to a… Continue Reading →

Understanding Issues Related to “Standing” in Data Breach Litigation Provides Insight to Insurers

Republished from Tressler’s Privacy Risk Report blog. Whether a litigant has “standing” to bring a lawsuit has been a threshold question in data breach cases for a number of years. The basic criteria addressing this is found in Article III… Continue Reading →

No Indemnity Coverage for Facebook IPO Claims Under D&O Policy

A professional services exclusion in a D&O policy barred indemnity coverage for securities lawsuits arising out of NASDAQ’s system failures on the day of Facebook’s initial public offering according to a New York federal judge in Beazley Ins. Co. v…. Continue Reading →

Failure to Comply with Claim Reporting Requirements Scraps Insured’s Claim for Coverage

In The University of Pittsburgh v. Lexington Ins. Co., et al., the U.S. District Court for the Southern District of New York, interpreting Pennsylvania law, found that an insured’s failure to meet a policy’s potential claim reporting requirements barred coverage… Continue Reading →

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