Don't be fooled – protect your IP Periodically, some of our clients have reported receiving official-appearing notices that raise concerns about their IP. One type of notice purports to come from a registrar of Asian country code domain names (TLDs),…
Earlier this month, the Nevada Supreme Court issued a warning to all litigants: Serial abuse of the discovery process will be punished – severely. In Bahena v. Goodyear Tire & Rubber Company, 126 Nev. Adv. Op. 26 (July 1, 2010),…
Pacific Maritime Magazine A maritime lien is a non-possessory property right in a vessel. Maritime liens arise under various circumstances and have been characterized as "one of the most striking peculiarities of admiralty law." A person who supplies certain goods…
1. CALIFORNIA SUPREME COURT HOLDS SEVERABILITY OF INTERESTS CONDITION MEANS EXCLUSION FOR INTENTIONAL ACT OF "AN INSURED" DOES NOT APPLY TO NEGLIGENT CO-INSURED 2. CALIFORNIA COURT OF APPEAL HOLDS UMBRELLA INSURER HAS FIRST-DOLLAR DUTY TO DEFEND WHEN POLICY DOES NOT…
Marine surveyors are customarily hired for two different purposes. They determine the nature, cause and extent of a marine loss, otherwise known as a "damage survey." They also determine the condition and valuation of a vessel as required for insurance,…
Why choose arbitration over litigation if there is no general right to appeal? In a state or federal lawsuit, any party has the absolute right to appeal the decision of the judge or jury. So why would a party voluntarily…
May, 2010 By Andrew B. Downs 60 Fed'n Def. & Corp. Couns. Q.97 If it has not already occurred, at some time in the future you may suddenly receive the "case of a lifetime." Both a blessing and a curse,…
A California Court of Appeal has decided that an insured may recover all of its continuing expenses during a period of restoration, regardless of whether the business would have been profitable had there been no loss. Amerigraphics, Inc. v. Mercury…
Last week, the Washington Supreme Court held that an insurer acts in bad faith as a matter of law when it makes an erroneous coverage determination based on an arguable interpretation of the policy. In American Best Food, Inc. v…
Equitable contribution is the legal vehicle under California law for allocating costs among multiple insurers with common obligations to the same insured. While the doctrine applies in other contexts, its most frequent use is in inter-insurer disputes, especially in construction…