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recent decisions
Duty to Defend Applies to Calderon Proceedings
Whether prelitigation proceedings under the Calderon Act, Civil Code section 1375 et seq., come within a carrier's duty to defend any "suit" is apparently an issue of first impression. Or at least, it was. Such proceedings are covered. In Clarendon...
Word Wars
Being an appellate lawyer is having the luxury (generally speaking) of time to delve into the slightest nuances in the case law. And one of the side benefits of reading so many cases is encounters with colorful dissents. As everyone knows, there's nothing like bitterness...
Decision of Interest: Baseball, Steroids, and Personal Jurisdiction
The U.S. Court of Appeals for the Fifth Circuit has decided Clemens v. McNamee, No. 09-20625 (Aug. 12, 2010). If those names sound familiar, it’s because this case is the defamation action filed by baseball legend Roger Clemens against ex-trainer...
BP Oil Spill MDL Sent to New Orleans
Last month we covered the hearing before the U.S. Judicial Panel on Multidistrict Litigation (JPML) on the BP Oil Spill litigation (In Re: Oil Spill by the Oil Rig “Deepwater Horizon” in the Gulf of Mexico, on April 20, 2010,...
Insurers Not Required to Defend in Class Action Alleging Economic Damages
The National Law Journal reports a decision from the Seventh Circuit holding that the insurers of sellers of baby products had no duty to defend the insured in a class action lawsuit that sought only economic damages. RJE
