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7 Feb 2009, 3:20 pm
The Louisiana Supreme Court had adopted the economic loss doctrine in a maritime context, but had not incorporated it into the state's common law for tort. [read post]
7 Aug 2023, 8:59 am by Evan Schwartz
The policy stated it would cover loss of business income sustained “because of the necessary suspension of operations. [read post]
19 Mar 2014, 11:24 am
  Viacom wouldnt want a public loss as then they wouldn't have the leverage to negotiate a likely good monitoring/filtering program with YouTube which is what they were on their way to doing in the the few months after they issued but never got anywhere.L'Oréal v eBay - news of settlement hereAll IPKat Viacom v YouTube posts hereThe AmeriKat’s appellate court ruling post hereJudge Stanton’s ruling hereAppellate… [read post]
6 Feb 2013, 6:00 am by Kenneth J. Vanko
And third, the decision shows that district court's have wide latitude, and an independent obligation, to assess a victim's economic loss even if the victim itself presents an estimate that might not be admissible under the rules of evidence.Sixth Circuit Opinion in USA v. [read post]
30 Jun 2008, 9:38 am
A New York state intermediate appeals court recently upheld the “plain meaning” of a so-called “insured v. insured” exclusion contained in a not-for-profit directors and officers liability policy, but narrowly construed the exclusion. [read post]
20 May 2013, 1:35 pm by WIMS
Further, such a reading does not thwart Congress's intent, which recognized that some aggregate actions are inherently local in nature and better suited to adjudication by a State court. [read post]
22 Jan 2013, 12:39 pm by WIMS
The court held that the preferred method for allocating damages on a pro rata basis is a "fact-based" determination of the losses occurring during each policy period, but in the event that the evidence does not permit such an allocation, losses should be allocated based on the insurer's "time on the risk." [read post]
13 Apr 2023, 4:36 pm by Jacob Katz Cogan
Federal Republic of Germany Daniele Amoroso & Riccardo Pavoni, Stergiopoulos v. [read post]