X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Argued: November 16, 2009

Before: MINER and STRAUB, Circuit Judges.*fn2

Insured defendant-counter-plaintiff-appellant-cross-appellee Lafarge North America, Inc. (“Lafarge”), intervenor and primary-insurer plaintiff-counter-defendant-appellee-cross-appellant New York Marine and General Insurance Company (“NYMAGIC” or the “primary insurer”), and excess-insurers plaintiffs-counter-defendants-appellants-cross-appellees Northern Assurance Company of America (“NACA”) and American Home Assurance Company (“AHAC” or, collectively with NYMAGIC, in its additional capacity as excess insurer, and NACA, the “excess insurers”), appeal from an order entered on January 29, 2007, and summary judgments entered on October 27, 2008, and February 19, 2009, in the United States District Court for the Southern District of New York (Haight, J.). The District Court, inter alia, (1) dismissed all causes of action brought against insurer plaintiff-counter-defendant-appellee American Steamship Owners Mutual Protection and Indemnity Association, Inc. (the “American Club” or the “Club”); (2) granted Lafarge the fees and expenses of two of the three law firms it retained without the knowledge or consent of the primary insurer; (3) denied Lafarge’s motion for attorneys’ fees incurred in defending against the insurers’ motions for summary judgment; and (4) denied Lafarge’s motion to transfer the American Club action to the United States District Court for the Eastern District of Louisiana. For the reasons that follow, we affirm in part and vacate in part the District Court’s judgments.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

Pennsylvania Legal Awards (PALA) 2023

June 14, 2023
TBC, PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania with their dedication to law.


Learn More

Consulting Top Consultants 2023

June 15, 2023
New York, NY

Consulting Magazine identifies consultants that have the biggest impact on their clients, firms and the profession.


Learn More

Southeastern Legal Awards (SLA) 2023

June 22, 2023
TBC

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More

COMMERCIAL FINANCE ATTORNEY - CT OFFICES; REMOTE will be considered


We are seeking an attorney to join our commercial finance practice in either our Stamford, Hartford or New Haven offices. Candidates should ...


Apply Now ›

Attorneys-Solicitor General Division


Attorneys Solicitor General Division: The West Virginia Attorney General's Office is accepting applications for attorneys in the Solicitor...


Apply Now ›

CIVIL LITIGATION ATTORNEY -NEW YORK


Regional mid-sized firm with diverse civil litigation practice seeking hardworking and dedicated attorneys with 1-5 years experience for it...


Apply Now ›

LAWYERS OF DISTINCTION

05/25/2023
NLJ Web

Lawyers of Distinction would like to announce...


View Announcement ›

DAVIS, SAPERSTEIN & SALOMON, P.C.

05/08/2023
NJLJ Web

It is our privilege & honor to announce the addition of Steven H. Cohen, Patricia Z. Boguslawski, Evan D. Baker & Kelly A. Conlon as new partners of DAVIS, SAPERSTEIN & SALOMON, P.C.


View Announcement ›

FERRO LABELLA & WEISS LLC

05/08/2023
NJLJ Web

FERRO LABELLA & WEISS LLC would like to announce that....


View Announcement ›