Blog

December 20th, 2018 In Case v. State Farm Mutual Automobile Ins. Co., Inc. (No. B281732, filed 11/21/18, ord. pub. 12/18/18), a California appeals court held that the allowable reduction from uninsured motorist (UM) benefits for “payable” workers’ compensation benefits meant “eligible,” whether the insured sought the benefits or not. As a result, the court found that a genuine dispute over resolution of the insured’s workers’ compensation claim negated a claim for bad faith delay in payment

In the matter of Willner v. Vertical Reality, the New Jersey Supreme Court set limits on a plaintiff’s ability to win sanctions under the Offer of Judgment Rule in cases of multiple defendants, even when the ultimate damages award is well beyond the original judgment. The Court overturned an award of sanctions in a product liability case where a jury ordered two defendants to pay plaintiff far beyond what his attorney had demanded in a pretrial offer of judgment. The Supreme Court said it wo

Attorneys general from California, Oregon and New York on Thursday filed a motion to intervene in a case between the securities industry and the U.S. Department of Labor, petitioning the full 5th U.S. Circuit Court of Appeals to revisit its earlier decision on a rule governing investment advice for retirees.The court, in a 2-1 decision in March, found in favor of the U.S. Chamber of Commerce, the Securities Industry Financial Markets Association and others that argued that the DOL’s fiduciary ru