Chemours and DuPont, its former owner, have agreed to pay $671 million to resolve multidistrict litigation in Ohio federal court alleging DuPont improperly released cancer causing chemicals into the Ohio River. There were over 3,400 lawsuits in the multidistrict litigation pending against DuPont over the contamination. The case dates back to a 2001 class action,…
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FINRA released its Regulatory and Examination Priorities Letter for 2017. The letter provides information about areas FINRA plans to review in its 2017 exams based on observations from their regulatory programs, as well as input from various stakeholders, including broker dealers, other regulators and investor advocates. According to its letter, FINRA will be increasing its…
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The Southern District of Texas has issued its latest ruling in U.S. Metals, Inc. v. Liberty Insurance Corp., 2017 WL 830398 (S.D. Tex. Feb. 27, 2017), a complex and longstanding coverage litigation concerning the interpretation of the “your product” and “impaired property” exclusions. U.S. Metals sold Exxon 350 flanges used to remove sulphur from diesel…
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In Hand Constr., LLC v. Stringer, the Court of Civil Appeals addressed an issue regarding the scope of jurisdiction under the Alabama Worker’s Compensation Act for out of state injuries. The Plaintiff, a resident of Mobile, Alabama, entered into a contract for hire with a construction contractor operating out of Shreveport, Louisiana. The job offer…
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In Pharmacists Mut. Ins. Co. v. Advanced Specialty Pharmacy LLC, No. 1140046, 2016 WL 6819657 (Ala. Nov. 18, 2016), the Alabama Supreme Court reduced an award against a pharmacy’s general liability and umbrella insurer by $3M after finding underlying claims only were subject to the policies’ general aggregate limit, and not also the products/completed work…
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In Harleysville Group Ins. v. Heritage Communities, Inc., 2017 WL 105021 the South Carolina Supreme Court considered the impact that vague reservation of rights letters have on an insurer’s right to pursue its coverage defenses. The claim arose out of property damage to condominiums originally caused by the insureds’ faulty workmanship. After liability and damages were…
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Insurance-appointed counsel should be familiar with the “tripartite” relationship. Those insurance-appointed counsel who defend under a reservation of rights (“ROR”) especially should be aware of the potential conflicts that befall such representation. One commentator aptly described the ROR defense as “deeply and unavoidably vexing.”1 The Supreme Court of Mississippi has recognized the “tripartite” relationship creates…
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Our firm recently obtained an award from a FINRA panel denying all of Claimant’s claims and finding for Respondents. The claim (Arbitration number 16-01352) was filed in May, 2016. Claimant alleged claims of unsuitability, breach of fiduciary duty, breach of contract, failure to supervise, violation of the Alabama Securities Act, violation of securities regulatory rules,…
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An Ohio federal court jury recently awarded $10.5 million in punitive damages to a man who said DuPont’s chemical caused his cancer. Plaintiff alleged his drinking water was contaminated by C8, a chemical used to make Teflon, from smokestack emissions at DuPont’s Washington Works plant. The particles allegedly settled on the Little Hocking Water Association…
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As anticipated in light of the split among the Circuits, the Supreme Court agreed to consider whether arbitration agreements in employment contracts may preclude collective pursuit of claims. In a growing trend, employers have included what are effectively class action bans within employment arbitration agreements. The collective action waivers protect employers from the high defense…
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