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February 16, 2023 | The Legal Intelligencer

Don't Let Vestigial Claims or Parties Wreck Your Appeal

Would-be appellants' counsel must ensure that whatever orders they intend to challenge are in fact final, in that no "claims" or "parties" remain outstanding. In particular, counsel need to take special care that no "vestigial" claims or parties linger in the weeds of the litigation.
8 minute read
February 15, 2023 | New Jersey Law Journal

NJ Supreme Court Orders New Trial for Jury to Apportion Fault Following $5.3M Verdict

"Along with the Joint Tortfeasors Contribution Law, which affords contribution rights to joint tortfeasors, the CNA prescribes 'the statutory framework for the allocation of fault when multiple parties are alleged to have contributed to the plaintiff's harm,'" Justice Anne M. Patterson wrote. "The statutes together enable 'the distribution of loss in proportion to the respective faults of the parties causing that loss' and 'ensure that damages are ordinarily apportioned to joint tortfeasors in conformity to the factfinder's allocation of fault.'"
5 minute read
February 08, 2023 | Insurance Coverage Law Center

Regan Heating & Air Conditioning v. Arbella Prot. Ins. Co.

The Supreme Court of Rhode Island faced the question of whether the definition of "pollutant" in a CGL policy was ambiguous.
20 minute read
January 10, 2023 | Insurance Coverage Law Center

Harleysville Group Ins. v. Heritage Cmtys., Inc.

The Supreme Court of South Carolina held that "a reservation of rights letter that merely provides the insured with a copy of the policy, coupled with a general statement that the insurer reserves all of its rights" is not enough to preserve an insurer's right to contest coverage.
55 minute read
January 09, 2023 | Insurance Coverage Law Center

Rsui Indem. Co. v. Murdock

An excess insurer sought declaratory judgment that an underlying settlement by its insured was not a covered Loss.
43 minute read
December 27, 2022 | New York Law Journal

Manhattan Jury Awards $23 Million in Damages for Asbestos-Related Cancer

"Mr. McWilliams is just the kindest man who did everything that was expected of him," his attorney Brittany Russell of Weitz & Luxenberg said in an interview. "He went to work every day for 36 years and provided for his wife and his children. Nobody should get cancer just from going to work. I'm really grateful that the jury decided to hold Jenkins accountable for what they did."
2 minute read
December 09, 2022 | Law.com

In First-Impression Case, Maryland High Court Defines 'Definite Proof' in Workers' Comp Act

In a case of first impression, the Court of Appeals of Maryland determined that the phrase "definite proof" in the state's Workers' Compensation Act applies to the quality of evidence a claimant must submit as part of their burden of production.
5 minute read
December 02, 2022 | Pro Mid Market

Who Got the Work: Passavant Memorial Homes Fights ADA Violation Suit, Exactech Defends Against Products Liability Suit

Anthony J. Rash and Jeffrey Hantz of Dickie, McCamey & Chilcote have stepped in as defense counsel to Passavant Memorial Homes in a pending lawsuit over alleged violations of the ADA; Kim M. Schmid and Sheryl A. Bjork of Bowman and Brooke have entered appearances for orthopedic implant device manufacturer Exactech Inc. and Exactech US Inc. in a pending products liability lawsuit.
3 minute read
December 01, 2022 | The Legal Intelligencer

Injured Rigger Receives $5.6M in Workers' Comp Settlements

An appeal period ended Wednesday, leaving an injured former drilling rigger's recent $2.1 million accord, increasing the total value of his workers' compensation settlements to $5.6 million. And that's on top of a $44 million resolution of his separate but related personal injury suit in 2018.
3 minute read
November 29, 2022 | Insurance Coverage Law Center

Central Crude, Inc. v. Liberty Mut. Ins. Co.

Liberty Mutual successfully argued the application of a total pollution exclusion to a claim by Central Crude, Inc. for costs related to environmental remediation and litigation defense for a January 2007 oil spill in Paradis, Louisiana.
12 minute read

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