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Determining First-Party Claims File Discovery Where First-Party Bad Faith Not...
In the case of Nationwide Insurance Co. of Florida v. Demmo, No. 2D10-4104, 2011 WL 1197538 (Fla. Dist. Ct. App. Apr. 1, 2011), a Florida state circuit judge ordered Nationwide to produce “Nationwide’s...
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Appropriately Experienced Claim Handling Expert Can Interpret Medical...
This post focuses on one of eight motions in limine ruled on in the April 14, 2011 Order in Altheim v. GEICO General Insurance Co., No. 8:10-cv-156-T-24 TBM, 2011 WL 1429735 (M.D. Fla. Apr. 14,...
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When Everything Old is Not New Again: Advertising “buyback” Topps baseball...
The Topps Company (“Topps”) is suing fellow baseball trading card manufacturer Leaf Trading Cards (“Leaf”) for copyright and trademark infringement in a lawsuit recently filed in federal court (The...
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Sputtering Housing Market Makes Fertile Ground for Real Estate Professional...
Two undeniable and interconnected facts: the U.S. housing market remains virtually stagnant and the number of lawsuits against real estate professionals is on the rise. Existing home sales have...
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Lipstick Case Presents Latest “No Injury” Class Action
According to a group of women who filed a lawsuit last week, Maybelline should pay up for making false claims about its “Super Stay” lipstick products. Filed in federal court in Manhattan, the...
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NCAA Sends Mixed Signals with New Enforcement Program
On Tuesday October 30th, the NCAA Board of Directors announced the adoption of a new enforcement structure that, among other things, creates additional levels of infractions, enhances accountability...
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Koch Rattles Wine Auction World: GBL § 350 "Game Changer"
To successfully assert a claim under New York General Business Law § 349 (h) or § 350, "a plaintiff must allege that a defendant has engaged in (1) consumer-oriented conduct that is (2) materially...
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A Disclaimer of Coverage is (Probably) Not Enough: Insurance Bad Faith Claims...
"[A] complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to...
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