On May 5, 2008, after nearly four weeks of trial and two days of deliberation, a Portland jury awarded Adidas America and its parent, Adidas AG, $305 million in damages in a trademark action against Payless ShoeSource. The verdict is…
The federal district court in Seattle has ruled, for the second time, that the Washington Insurance Fair Conduct Act (WIFCA) does not apply retroactively. WIFCA took effect December 6, 2007, and provides, among other things, for imposition of treble damages…
In a recent case, the California Court of Appeal, recognizing that the issue was raised but never decided by the California Supreme Court, held that an owner of a lower (downhill) parcel of private property who diverts surface water coming…
Same-sex domestic partners are now entitled to the equivalent rights and benefits that married couples enjoy under Oregon law. Because the Insurance Code and most policies contain certain requirements that apply to "spouses" (e.g., survivor benefits are to be issued…
In Polygon Northwest Co. v. American National Fire Ins. Co., et al., __ P.3d ___, 2008 WL 921390 (Wash. Ct. App., April 7, 2008), the insured developer, Polygon, settled a condominium homeowners association's lawsuit for $7.8 million. Of that amount,…
A Los Angeles appellate court has held that intentional conduct allegedly amounting to sexual assault and false imprisonment does not qualify as an "occurrence" for purposes of general liability insurance. Lyons v. Fire Insurance Exchange, --- Cal. Rptr. 4th ---…
Last week, a federal judge in Los Angeles, using a pen containing a bit of kryptonite, terminated the ownership rights in Superman held by Warner Bros. and DC Comics. Why? Read on. Who owns Superman? Back in the 1930s, the…
In New Hampshire Ins. v. C'est Moi, Inc., the Ninth Circuit confirmed that if it were possible for parties to modify or eliminate an insured's uberrimae fidei obligation through terms in a marine insurance policy, it would require very clear…
In a recent case, the California Court of Appeal held that even if a parcel of land is landlocked and there is no access to the "outside world" without borrowing, begging or stealing (hopefully not) a portion of a neighboring…
After a tortuous 18-month history of stays and deferments, San Francisco's Health Care Security Ordinance (HCSO) has finally gone into effect. Originally passed by the San Francisco Board of Supervisors in July 2006, the HCSO was challenged in court almost…