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Law.com

'Data Breach' Insurance Policy Does Not Extend to Biometric Information Collection, Appellate Court Holds

The majority said the allegations in the lawsuit "do not even potentially fall within the policy's coverage" and said Lloyd's policy for Tony's would only cover data breaches involving unauthorized access to Tony's biometric data.
4 minute read

Texas Lawyer

Gun Ownership and Mental Illness: The Legal Connection

"The case of J.M.P., Jr. sets an important precedent for future legal decisions regarding mental health and ownership of firearms," write Elisa Reiter, Daniel Pollack, and Jeffrey Siegel.
10 minute read

National Law Journal

Judge Sounds Alarm Over Persistent Circuit Split on 'Favorable Termination' Rule

The rule, established in the Supreme Court's 1994 decision 'Heck v. Humphrey,' bars people from bringing civil rights suits without first showing their conviction has been reversed, set aside or expunged. Circuits are divided over whether that rule applies to plaintiffs no longer in prison.
5 minute read

Daily Business Review

Third DCA Enters Ruling Providing Guidance on Burden-Shifting Sanctions

"The Third DCA recognized that a shareholder who is a party to a shareholder's agreement can sue directly for its breach, and that this does fall within the exception for derivative actions; I think that was a very important issue for them to clarify, and it will have an impact [on future litigation]," said Michael P. Hamaway, a partner at Mombach, Boyle, Hardin & Simmons.
4 minute read

Texas Lawyer

This Texas Case Could Expand 3rd-Party Liability in Defamation Suits

A key challenge facing Roe is the lack of a record of specific defamatory quotes relayed by the defendant to others.
4 minute read

National Law Journal

Citing Missed Deadline, 2nd Circuit Tosses Appeal Against Equitable Insurance

"The local rules do not supersede the requirements of the federal rules" of appellate procedure, the appeals court held. "Moreover, the district court's individual rules explicitly warned that this Court would not accept such an argument to excuse an untimely notice of appeal."
3 minute read

Law.com

Eighth Circuit Upholds Enforcement of No-Bill Agreements

The Eighth Circuit held unanimously that these "no-bill agreements" were legal in an opinion that turned on the statutory interpretation of Minnesota's No-Fault Act.
6 minute read

New York Law Journal

First Department Rules Court of Appeals Decision re Email Settlements "Not Controlling," "Needless Formality," Part II

"The e-mails from plaintiff and Bloom at the end of their e-mails constituted 'signed writings' within the meaning of the statute of frauds," writes Elliott Scheinberg.
13 minute read

New York Law Journal

NY's Top Court Mulls Fate of Personal Injury Claims Against NJ Transit Corp.

Katherine L. Pringle, a litigation partner in Friedman Kaplan, made the case that the New Jersey state agency could not be sued in New York.
5 minute read

National Law Journal

Courts Need Experts' Help in Analyzing Online Arbitration Clause Designs, Judge Says

"Rather than debating among ourselves our impressions about font size and color, the placement of hyperlinks, and the choice between click-wrap and browse-wrap agreements, we should start treating these issues about user-interface design as questions of fact," wrote Judge David Hamilton of the U.S. Court of Appeals for the Seventh Circuit.
4 minute read

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