McBride v. Acuity, --- F.3d ---, 2013 WL 69358 (6th Cir. Jan. 7, 2013) (applying Kentucky law) On January 7, 2013, the U.S. Court of Appeals for the 6th Circuit applied Kentucky law to find...
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Confidential BatesCarey LLP represented a reinsurer that commutated numerous claims with one of its cedents. Its valuation was based on its assessment of its cedent's reserves. After agreement on a total...
On September 24, 2012, a California appellate court ruled that a housing discrimination claim was not covered by the personal injury definition of a primary policy, but that it was...
BatesCarey LLP Successfully Argues that FELA Does Not Apply to Rail Switching Company and Parent Company
1 Oct, 2012
Smith v. Rail Link (District Court of Wyoming 2011) (February 2011), aff’d (10th Cir. 2012) The plaintiff injured her ankle while on the job and obtained workers' compensation benefits. She attempted to...
Indiana Court Tells Insurer to Pound Sand
1 Aug, 2012
In an unusual decision employing contorted contractual construction, an Indiana appellate court on August 28, 2012 explained that an insured that intentionally left 100,000 tons of sand on property it once leased, has...