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Judge Certifies 'Opt-In' Class Over Ski Train
A federal judge in New York has taken the unusual step of certifying a class that may "opt-in" to mass accident litigation in an Austrian train disaster case. Despite the paucity of case law on the subject, Judge Shira Scheindlin found the possibility of repeat litigation in other countries over the Ski Train fire that killed 155 people in 2000 made it proper to establish an "opt-in" class.No Legal Fee Relief in Conn. Insurance Coverage Battle
When an insurance company stubbornly denies any duty to defend, many jurisdictions let the policyholder recover attorney fees for taking the insurer to court to establish coverage under a disputed policy. But in a case where the insurer fought back against such a fee award, the Connecticut Supreme Court recently ruled that no attorney fees can be granted in coverage disputes unless bad faith is found. The case involved a ceiling tile manufacturer who sued its insurer over coverage for asbestos claims.Clause Does Not Bar Paint Fumes
FOLLOWING THE lead of the New York Court of Appeals, the Appellate Division, Second Department, has ruled that an absolute pollution exclusion clause in an insurance policy will not bar a claim based on indoor dissemination of paint fumes.Options 'Giveback' Settlements Could Become Trend
Defense and plaintiffs lawyers are pointing to the recent settlement of a stock-options backdating case, which featured options "givebacks" from executives, as a model likely to be followed in similar cases. The settlement of a derivative case involving Family Dollar Stores, and 13 current and former executives and officers, calls for four executives to relinquish 210,000 unexercised options. Both plaintiffs attorneys and defense counsel seem to be open to the idea of such givebacks becoming a trend.The 100 most influential lawyers in America
For the first time in six years, we offer our take on the country's most influential lawyers.TRENDING STORIES
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