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In Wolf v. Riverport Insurance Co., the Seventh Circuit Court of Appeals affirmed the dismissal of an insured’s bad faith settlement delay claim against her insurer after she attempted to recover under section 155 of the...more
The point when what began as a negotiation, or even a conversation, ripens into a full-blown lawsuit is rarely clear. Yet it is certainly clear that the courtroom is not where any of the parties to a once-promising business...more
Dealing with an insurance company after a car accident can be a real pain. Having to talk to an investigator (after you've already spoken with the police), wait months for a determination, and potentially get denied coverage...more
Deciding whether to include a prevailing party attorneys’ fee provision in a contract is important, as doing so has significant risk and cost implications of litigation. Prevailing party provisions foster dispute...more
Traditionally, California permitted judgments by confession are subject to certain limitations, such as requiring an independent attorney to examine the proposal and advise the debtor on the waiver of rights and defenses. As...more
This case concerns a company (“U.S. Home”) entering into a contract to purchase land from a limited liability company (“Purchase Agreement”) solely owned by two brothers (“Sellers”). On the same day of the purchase, U.S. Home...more
In Medical Protective Co. v. Pang, 2013 DJDAR 14233 (2013), the United States Court of Appeal for the Ninth Circuit decided a fee case under Arizona Revised Statute Section 12-341.01. The statute allows fee awards in cases...more