Out With a Bang: Current State of Play on Coverage for COVID-Related Losses
What to do When Your Business Has Been Sued
COVID-19 Business Interruption Insurance Claims: A Practical Perspective
WEBINAR: COVID-19 Insurance Coverage Class Actions
Butler's Thursday Tips #3 | Handling Business Loss Claims
On April 2, 2025, the U.S. Supreme Court expanded the type of civil actions that can be brought under the Racketeer Influenced and Corrupt Organizations Act (RICO) to include personal injury claims that caused economic harm...more
On April 2, 2025, the Supreme Court significantly expanded the scope of injuries entitled to treble damages under the Racketeer Influenced and Corrupt Organizations Act (“RICO”). The Supreme Court held in Medical Marijuana,...more
In October 2024, the Supreme Court heard oral arguments in Medical Marijuana, Inc. v. Horn, a case poised to resolve a circuit split over whether economic harms resulting from personal injuries (such as lost wages) are...more
We kick off the year with a quartet of state supreme court decisions and an intermediate appellate court ruling that has insurers breathing a harmonious sigh of relief. Policyholders and insurers often disagree over what the...more
J.S. Held previously published articles on how to handle complex ports and terminals business interruption insurance claims, marine and cargo damages, and marine stock claims. These topics have again come to the forefront of...more
On April 4, 2024, the Middle District of Florida dismissed a non-consumer plaintiff’s Florida Deceptive and Unfair Trade Practices Act (FDUTPA) claim for failure to plead injury to consumers. This ruling underscores the...more
The controversy over whether new businesses can be entitled to lost profits has long been debated among courts, legal counsel, and forensic accounting analysts. In fact, until recently, many courts rejected the idea that...more
Introduction: The Importance of Accurate Inventory Valuation - Inventory valuation is often necessary for the purposes of evaluating and determining damages. Such damages could arise from a multitude of factors such as...more
A consistent pattern emerges in data breach and cyber-attack cases when companies turn to their insurers for coverage after such incidents. Whether they possess specialized cyber insurance or not, insurers often decline...more
You Can’t Get What You Don’t Ask For: U.S. Fifth Circuit Declines to Impose “Heightened Duty” on Insurance Agents and Brokers to Procure Coverage Not Specifically Requested by their Customers...more
In a unanimous ruling on Thursday, August 25 (Slip Opinion), the Washington Supreme Court added its voice to the developing “strong, if not unanimous” national consensus that COVID-19 and related government closures do not...more
Introduction - Lost profit damages are calculated when a plaintiff’s business alleges that the defendant’s actions impaired its operations in some manner. Determining lost revenues is a critical component in calculating...more
In a recent Arizona case, the trial court held that an owner could sue a subcontractor directly for recovery of the owner’s consequential delay damages based on the subcontract’s express indemnity clause, notwithstanding that...more
A Competition Appeal Tribunal (CAT) judgment recently obtained by Royal Mail and BT has wide-ranging implications, not only for all competition follow-on damages claims but also many other forms of commercial damages claims....more
A few weeks have passed since the Suez Canal was cleared of the now infamous Ever Given, the quarter-mile-long, 220,000-ton cargo ship that ran aground, clogging one of the world’s most crucial shipping arteries for over six...more