Jurisdictions

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In the recent case of Tony Hook v British Airways plc (2011) EWHC 379 (QB), the High Court was asked to consider whether UK and EU aviation legislation created a private law cause of action sounding in damages in relation to alleged disability discrimination by an airline. …
Read More UK: High Court Upholds Exclusivity of Montreal Convention 1999 in Respect of Disabled Passengers

The ash cloud from Iceland’s Eyjafjallajokull volcano that shut down much of Europe’s air space in April 2010 has been held to be an example of “extraordinary circumstances” under Art 5(3) of EC Regulation 261/2004 (the Regulation), exempting airlines from paying compensation for the cancellation of flights. …
Read More UK/EU: Ash Cloud Constitutes “Extraordinary Circumstances” for Airlines Under EC Regulation 261

In the recent English Commercial Court decision of Ispat Industries Ltd v Western Bulk Ltd [2011] EWHC 93 (Comm), the court held that an appeal based on section 68 of the Arbitration Act 1996 (the Act) would only be successful under the most serious of circumstances and where there was or stood to be a risk of substantial injustice to one of the parties. …
Read More UK: English Commercial Court Addresses Issue of Serious Irregularity in Arbitration Appeals

Just because a series of merger documents assert something to be true does not necessarily make it so, particularly when it comes to insurance coverage.  That was the lesson an excess-layer D&O carrier learned when it attempted to assert insured-versus-insured and fraud exclusions to defeat a claim to policy proceeds by the purchaser of a corporation in Wojtunik v. Kealy, No. 03-cv-02161 (D.Ariz. Mar. 31, 2011).  A copy of the court’s decision is available here. …
Read More Arizona Federal Court Permits Garnishment From Defunct Company’s D&O Insurers

This updates our April 2011 Client Advisory and our May 2, 2011 blog post.  Today, New York Governor Andrew Cuomo announced certain nominations and appointments to his administration.  Among them was the nomination of Benjamin M. Lawsky, Cuomo’s current Chief of Staff, to serve as the Superintendent of the new Department of Financial Services (the “DFS”) to be created by legislation enacted as part of the 2011-2012 budget. …
Read More Cuomo Appoints Lawsky to head New York Department of Financial Services

The White House has issued a cybersecurity legislative proposal (the “Proposal”) aimed at improving cybersecurity for American consumers, the U.S. critical infrastructure, and the Federal Government’s own networks and computers.  In issuing the Proposal, the White House stated that the U.S. critical infrastructure, such as the electricity grid, financial sector, and transportation networks, have suffered repeated cyber intrusions, and that cyber crime is on the rise. …
Read More President Obama Proposes Cybersecurity Legislation

The Centers for Medicare and Medicaid Services (CMS) recently released its Fiscal Year (FY) 2012 proposed rule for hospice reimbursements that would provide for a 2.3 percent payment increase. The agency also included a new quality reporting program in its proposed rule – requiring hospices to submit data on two quality measures beginning in 2014 with payment reductions as a penalty for non-compliance. …
Read More Healthcare Update: CMS Releases FY 2012 Proposed Rule for Hospice Payments, Including Face-To-Face Language; CMS Releases Final Value-Based Purchasing Rule; Legislation Introduced Regarding Treatment of Hospice Patients; ACO News

The English High court has approved a scheme of arrangement for a company incorporated in Germany which had its centre of main interests in Germany, no establishment in the UK and no assets in the UK likely to be affected by the scheme. …
Read More UK: High Court Approves Scheme of Arrangement for Rodenstock – a German Company