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New Jersey’s Supreme Court held a D&O policy capacity exclusion barred coverage for claims tied to an insured person’s role in uninsured entities, and rejected estoppel and forfeiture arguments.
The D.C. Circuit denied Evergreen’s petition for review, upholding FMC’s finding that detention charges for a port-closure period were unreasonable.
The Connecticut Supreme Court held that an insured’s unjust enrichment claim based on premature subrogation under the make whole doctrine was ripe before judgment against the tortfeasor.
The Connecticut Supreme Court held that an LLC operating agreement’s exculpatory clause did not create duties, requiring a new trial, but upheld expert testimony on a capital reserve.
The Sixth Circuit held that a settlement clause allowing de novo judicial review was invalid under the FAA, but severable under the agreement, leaving the arbitration provisions in place.
The Second Circuit held that a petition to vacate Swiss-made arbitral awards did not fall under the New York Convention, so the district court lacked jurisdiction.
Virginia’s Supreme Court held that the Restatement’s adequate-assurance doctrine is not part of Virginia common law and affirmed refusal of the proffered jury instruction.
The court denied Arzu’s summary-judgment motion and granted American Airlines’ motion, holding the inflight response was not a Montreal Convention accident and no contract breach occurred.
The New Jersey Supreme Court held that El Sol’s bid was incomplete because its surety’s power of attorney did not authorize execution of the required Consent of Surety.
The California Supreme Court held that Civil Code section 1668 invalidates contractual limits on damages for willful injury, while not reaching pure contract breaches without an independent tort duty.
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