In a decision filed August 6, 2009, the U.S. Court of Appeals for the Fifth Circuit affirmed the district court’s denial of a request under 28 U.S.C. § 1782 for discovery for use in a private international arbitration proceeding. Section 1782 provides a mechanism by which parties to a foreign or international proceeding may petition a federal district court to order a party residing in that district to provide documentary or testimonial evidence to a foreign or international tribunal.
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United States
District of Columbia Appoints New Commissioner
By Troutman Pepper Locke on
Posted in Industry Developments, United States
On August 28, 2009, the District of Columbia Department of Insurance, Securities and Banking (“DISB”) issued a press release announcing that Thomas E. Hampton has stepped down as Commissioner of the DISB. …
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Federal Court Orders Insurer to Produce Information about its Reinsurance Agreements
By Troutman Pepper Locke on
Posted in Reinsurance, United States
Mechanical Dynamics & Analysis, LLC (“MD&A”) performed repairs on a generator at a power plant owned by the Arizona Public Service Company (“APS”). Thereafter, the generator failed and was out of service for 111 days, resulting in a loss of more than $20 million for APS. …
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Insurance & Reinsurance Review – September 2009
Edwards Angell Palmer & Dodge’s Insurance and Reinsurance Department recently published its latest Newsletter, Insurance & Reinsurance Review – September 2009, which contains nine articles about various topics in the insurance and reinsurance industry. …
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Colonial Bancgroup Subprime Shareholder Derivative Action Dismissed
By Troutman Pepper Locke on
Posted in D&O Liability, United States
On July 20, 2009, the US District Court for the Northern District of Alabama granted the defendants motion to dismiss in a shareholder derivative action that named the directors and officers of Colonial Bancgroup as defendants.
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First Circuit Upholds Decision to Deny Insurer Recoupment of Deductibles Following Class Action Settlement
By Troutman Pepper Locke on
Posted in Coverage & Claims, United States
The First Circuit recently affirmed the decision of the United States District Court for the District of Maine to deny American National Fire Insurance Company’s (“ANFIC”) plea for recoupment of a settlement payment made by ANFIC to York County Jail. ANFIC argued that it was entitled to a per-claim deductible, which negated its settlement payment. …
Read More First Circuit Upholds Decision to Deny Insurer Recoupment of Deductibles Following Class Action Settlement
Chinese Drywall – Senate Bill Could Facilitate Effecting Service of Process on Foreign Defendants
Legislation recently introduced in the United States Senate could help homeowners haul foreign manufacturers of allegedly defective Chinese drywall into court. The Foreign Manufacturers Legal Accountability Act of 2009, introduced by Senators Sheldon Whitehouse (D- RI), Jeff Sessions (R-AL) and Dick Durbin (D-IL), seeks to make it easier to bring foreign companies before American courts.
Ninth Circuit Court of Appeals Reverses Summary Judgment and Holds Against Insurer In Bad Faith Action Related to Uninsured Motorist Claim
By Troutman Pepper Locke on
The Ninth Circuit Court of Appeals recently reversed an award of summary judgment that had been in favor of an insurer in a bad faith action regarding an uninsured motorist claim, and found against the insurer.
First Circuit Narrows Scope of Attorney Work Product Privilege
By Troutman Pepper Locke on
In a case concerning an IRS audit — but having potentially far-reaching implications for all manner of litigation and discovery — United States v. Textron, Inc., No. 07-2631 (1st Cir. Aug. 13, 2009), the First Circuit en banc recently held that the “attorney work product” doctrine protects only documents prepared for use in litigation.
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HK: Prohibition Against Contingent Fee Arrangement Re-Affirmed
By Troutman Pepper Locke on
On 26 June 2009, a solicitor and a recovery agent were found guilty by the District Court for offering a “no win, no fee” deal to a mother seeking compensation for her son, who was severely injured in a road traffic accident. The recovery agent was also found guilty of champerty, that is, negotiating to receive a share of the proceeds of litigation in which he had no interest. …
Read More HK: Prohibition Against Contingent Fee Arrangement Re-Affirmed