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27 Dec 2008, 10:19 am
. * 270 BC: Philitas of Cos, Greek intellectual, is said by Athenaeus of Naucratis to have studied false arguments and erroneous word-usage so intensely that he wasted away and starved to death. [read post]
26 Dec 2008, 6:00 am
The second part of the book, which Jon calls "the trees," provides a 256 page "nuts and bolts guide" that focuses on one particular non-bankruptcy alternative in the following 14 states: CA, CO, CT, DE, FL, IL, IN, MI, MO, NY, OH, TN, UT, WI. [read post]
15 Dec 2008, 11:32 pm
Katz, 546 U.S. 356, 370 (2006), and whether the court of appeals compounded error by:(a) failing to apply as written a federal statute (11 USC § § 524(g) and (h)), by limiting the scope of relief in a manner that is contrary to the express terms andpurposes of that statute;(b) failing to give effect to the Supremacy Clause and holdings of this Court that federal bankruptcy relief cannot be overridden by rights alleged to have beencreated under state law;… [read post]
10 Dec 2008, 6:34 am
The First Department apparently thinks there are three types applicable to liability insurance: (a) notice of accident; (b) notice of claim; and (c) notice of suit. [read post]
8 Dec 2008, 4:21 pm
"If you read Rule 10b-5(a) and (c), it clearly anticipates liability for non-speaking defendants, as those two subsections do not even mention statements, like subsection b does," he noted. [read post]
3 Dec 2008, 7:01 pm
Co., No. 070141 In a class action claim for statutory penalties under section 5106(a) of New York insurance law against defendant-Allstate Insurance Company, grant of motion to dismiss is affirmed where: 1) section 901(b) of the New York Civil Practice Law and Rules may be applied in a federal court sitting in diversity jurisdiction and adjudicating claims under state law; and 2) section 5016(a) did not fall within the exception clause of section 901(b). … [read post]
1 Dec 2008, 7:35 am
Insurance Law § 5105 (b) "provides that mandatory arbitration is the sole remedy regarding disputes between insurers over responsibility for payment of first-party benefits" (State Farm Mut. [read post]
30 Oct 2008, 8:27 am
Ct., Kings Co., decided 10/16/2008)There's a lot in here, so be sure to read this decision if you're on the property side of the P&C equation.Jeweler's (or "jeweller's" if you're across the pond) block insurance is all-risk specialized insurance coverage for jewelers. [read post]
27 Oct 2008, 3:49 pm
Kuehne, No. 06-3668 A conviction for drug- and firearm-related offenses is affirmed where: 1) a claim that venue was improper in the Southern District of Ohio was without merit; 2) defendant's bartering of firearms for drugs constituted "use" of a firearm within the meaning of 18 U.S.C. section 924(c)(1); 3) although the district court erred in its instructions to the jury regarding the burden of proof necessary to support a conviction for section 924(c), the error… [read post]
23 Oct 2008, 6:54 pm
" Mutual of Enumclaw Insurance Co. v. [read post]
23 Oct 2008, 9:03 am
Mercury Marine, 537 U.S. 51, 64 (2002) (quoting English); American Insurance Ass'n v. [read post]