News & Analysis as of

Appeals Jurisdiction Insurance Litigation

Carlton Fields

Florida Appeals Court Decisions Week of June 30 - July 3, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Lamonaco v. Experian - arbitration - Labriola v. Miami-Dade - employment, First Amendment - Wood v. Fla DOE - school, transgender, § 1000.071, First Amendment - USA v....more

ArentFox Schiff

Federal Courts Divided Over Private Enforcement of ‘No Surprises Act’ Arbitration Awards

ArentFox Schiff on

Congress enacted the No Surprises Act (NSA) to protect patients from unexpected medical bills. A central pillar of the NSA is its independent dispute resolution (IDR) process, under which payers and providers can submit...more

Kohrman Jackson & Krantz LLP

Sixth Circuit Clarifies Jurisdiction Rules for Mixed Action Lawsuits

In a significant federal jurisdiction ruling, the U.S. Court of Appeals for the Sixth Circuit clarified the jurisdictional standards applicable to “mixed actions”—lawsuits that combine requests for both coercive relief (like...more

Carlton Fields

Second Circuit Holds New York Convention Is “Self-Executing,” Reverses Orders Denying Motion to Compel Arbitration

Carlton Fields on

In an opinion issued on May 8, 2025, the Second Circuit Court of Appeals addressed two cases: Certain Underwriters at Lloyd’s London v. 3131 Veterans Blvd LLC and Certain Underwriters at Lloyd’s London v. MPIRE Properties...more

Freiberger Haber LLP

Fraud and the Assignment of Lottery Winnings

Freiberger Haber LLP on

A claim for fraud requires “a material misrepresentation of a fact, knowledge of its falsity, an intent to induce reliance, justifiable reliance by the plaintiff and damages.” In First Trinity Life Ins. Co. v. Advance Funding...more

Carlton Fields

Florida Appeals Court Decisions Week of May 26 - 30, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Hamilton v. US Att’y Gen - immigration... Florida Supreme Court - Tallahassee - In re R Reg Fla Bar - amended rules...more

Pillsbury - Policyholder Pulse blog

Untying the Gordian Knot: The Second Circuit (Re)joins the Fray of Reverse Preemption of International Arbitration Provisions in...

The Second Circuit Court of Appeals has weighed in (again) on a still unsettled issue in the realm of insurance law: whether arbitration provisions in insurance policies issued by foreign insurers are enforceable...more

Chartwell Law

Getting Ready to Appeal

Chartwell Law on

I had the opportunity to spend two weeks in early March as appellate counsel at a hotly contested wrongful death trial. Seated next to lead trial counsel, I had a ringside seat where I could observe the jury minute by minute,...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Clarifies Amount in Controversy Requirement in Declaratory Judgment Actions Between Insurers and Their Insureds

Plaintiff’s counsel often employ a range of strategic tactics to defeat diversity jurisdiction because they view federal court as an unfavorable forum. One such tactic is to challenge the amount in controversy—a key...more

Carlton Fields

Florida Appeals Court Decisions Week of February 24 - 28, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - USA v. Charles - sentencing - Miller v. Ramirez - qualified immunity, deferring ruling - Chapman v. Dunn - prison conditions, Eighth Amendment - USA v. Horn - securities...more

Allen Matkins

Nevada Supreme Court Finds Want Of Personal Jurisdiction Over LLC Members

Allen Matkins on

In a recent post, I questioned why personal jurisdiction was unquestioned.  Personal jurisdiction is, of course, unquestionably fundamental, as evidenced by the Nevada Supreme Court's recent order in Rich v. Eighth Jud. Dist....more

Maynard Nexsen

Ninth Circuit Upholds No Bad Faith Ruling in Third-Party Insurance Case

Maynard Nexsen on

With an increasing trend of nuclear excess verdicts around the country against individuals unable to pay millions of dollars, third-party bad faith lawsuits are on the rise. Frequently, attorneys will represent a plaintiff in...more

Butler Weihmuller Katz Craig LLP

Floridians will soon experience swifter justice: Come January 1, 2023, Florida will get a Sixth District Court of Appeal

In an attempt to improve the judicial process, the Florida Supreme Court recommended in November 2021 the addition of a sixth district court of appeal. The court’s recommendation was the result of the work done by the...more

Carlton Fields

Without Jurisdiction or Authority to Review, California Appellate Court Dismisses Appeal of Trial Court’s Statement of Decision

Carlton Fields on

Finding that a California trial court’s statement of decision was not a judgment or appealable order, the California Court of Appeal dismissed the appeal, having no jurisdiction or authority to review it....more

Jaburg Wilk

Arizona Court of Appeals Holds Insureds May Assign a Post-Loss Breach of Contract Claim to Contractors

Jaburg Wilk on

The Holding - In Farmers Ins. Exchange v. The Honorable David Udall, 2018 WL 2931906 (June 12, 2018), the Arizona Court of Appeals accepted special action jurisdiction to hold that Insureds validly assigned post-loss...more

Hogan Lovells

“Come one, come all”: the Court of Appeal opens the floodgates and expands the scope of the jurisdictional gateways

Hogan Lovells on

Eurasia v Aguad [2018] EWCA Civ 1742 - The Court of Appeal (“CoA“) has held that two of the “general grounds” jurisdictional gateways (as opposed to those gateways which operate only in relation to a specific type of...more

Foley & Lardner LLP

Seventh Circuit Requires "Cash on the Barrelhead" From Interpleaders

Foley & Lardner LLP on

Judge Easterbrook and his colleagues on the U.S. Court of Appeals for the Seventh Circuit aren’t about to exercise jurisdiction over a civil action of interpleader merely on credit or promises to pay. The plaintiff has to...more

Carlton Fields

A DJ is a Sometime Thing: In Declaratory Judgment Actions Over Coverage, the Sixth Circuit Gives Trial Courts a Wide Berth

Carlton Fields on

The Declaratory Judgment Act, 28 U.S.C. § 2201, gives federal district courts “unique and substantial discretion” over whether to hear suits seeking a declaration of rights. Wilton v. Seven Falls Co., 515 U.S. 277, 286...more

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