The U.S. Supreme Court Further Restricts the Availability of Class Arbitration, Lamps Plus, Inc. v. Varela, No. 17-988, 587 U.S. ___ (April 24, 2019).
In its 2010 decision in Stolt-Nielsen, the United States Supreme Court held that a court may not compel class arbitration when an arbitration agreement is silent on whether class arbitration...
Tenth Circuit Finds Ambiguous and Interprets in Favor of the Insured “That Particular Part” Language in CGL Policy Exclusions j(5) and j(6), MTI, Inc. v. Employers Insurance Co. of Wassau, 913 F.3d 1245 (10th Cir. 2019).
An insured contractor was engaged to perform repair work on a cooling tower, specifically work to remove and replace anchor bolts used to attach braces supporting the tower. The insured...
Fourth Circuit Affirms Summary Judgment for Defendants in Product Defect Case on Failure to Show Defect or Causation, Belville v. Ford Motor Co., No. 18-1470 (4th Cir., March 25, 2019)
Plaintiffs brought product defect claims against an auto manufacturer alleging that the manufacturer’s vehicles experience unintended acceleration. The district court granted summary judgment for the manufacturer after excluding the opinions...
Illinois Joins Majority of Courts Holding that CGL Policies Cover Damages from Faulty Workmanship, Acuity Insurance Company v. 950 West Huron Condominium Association, 2019 Il. App. (1st) 180473 (March 29, 2019).
A condominium association brought a lawsuit against a builder for defective work resulting in water infiltrating through the building envelope. The builder asserted third-party claims against subcontractors, and one of...