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Judicial Settlement Agreements

BCLP

Mass Settlements from a U.S. Perspective

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As total adjudication is a lofty finish line for many mass and class disputes, settlement is a crucial factor. As class actions continue to rise in prominence in the UK, the United States offers many lessons to emulate and...more

Proskauer Rose LLP

New York Court Gives Final Approval to $58.5 Million Music Licensing Settlement

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On February 19, 2015, the District Court for the Southern District of New York issued final approval of a $58.5 million settlement between performing rights society SESAC (Society of European Stage Actors and Composers) and...more

Patterson Belknap Webb & Tyler LLP

American Needle Settlement to End Nine-Year Litigation

On February 16, American Needle Inc. reached an agreement in principle with the National Football League to settle its claims. A settlement between the parties would mark the end of an antitrust litigation that has been...more

Benesch

Eighth Circuit Sets Standard For Cy Pres Distributions

Benesch on

On January 8, 2015, the Eighth Circuit Court of Appeals established a five-factor test governing cy pres distributions in class action lawsuits. In Re: BankAmerica Corp. Sec. Litig., No. 13-2620 (8th Cir. Jan. 8, 2015). ...more

Carlton Fields

Court Approves $7 Million Settlement Agreement With Reinsurer In Reliance Insurance Company’s Liquidation

Carlton Fields on

A Pennsylvania court overseeing Reliance Insurance Company’s liquidation proceedings approved the settlement agreement between Reliance and XL Reinsurance Company. The agreement allowed the liquidator to terminate and commute...more

Pullman & Comley - Labor, Employment and...

Interns’ Class Action Carries Multimillion Dollar Price Tag

Late last spring I posted on this blog about the pitfalls for employers of unpaid internships, often offered to young people during the summer months, or to students or recent college graduates as “pre-entry-level” positions....more

Carlton Fields

Life Insurer Settles Nationwide "Junk Fax" Class Actions

Carlton Fields on

Recently, there has been a noticeable increase in lawsuits, particularly putative class actions, brought against life insurance companies pursuant to the Telephone Consumer Protection Act of 1991 (TCPA). As amended by the...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - Winter 2014

This is the sixth edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings...more

Robins Kaplan LLP

Claim terms construed, emphasizing construction is a mixed question of law and fact, and finding a preamble limiting and...

Robins Kaplan LLP on

JobDiva, Inc. v. Monster Worldwide, Inc. Case Number: 1:13-cv-08229-KBF - On October 3, 2014, Judge Forrest construed terms of four JobDiva patents and one Monster patent. The JobDiva patents are...more

Carlton Fields

Commonwealth Court Of Pennsylvania Approves Reinsurance Commutation Agreement

Carlton Fields on

On September 4, 2014, the receivership court for the Reliance Insurance Company (“Reliance’) estate (the “Reliance Estate”) approved a settlement agreement allowing the Liquidator to terminate and commute the obligations...more

Foley Hoag LLP - Environmental Law

CERCLA’s Three Year Statute of Limitations for Contribution Applies To Non-CERCLA Settlements

Parties which settle environmental liability in a judicially approved settlement have three years from the date of that settlement in which to seek contribution even if the settlement is not a CERCLA settlement. That is the...more

Proskauer - Advertising Law

Two Consumer Class Actions Settle for (Mostly) Nominal Amounts Per Plaintiff

Two recent false advertising class action settlements illustrate some of the myriad ways to structure settlements, and also reflect the real risks of these lawsuits when early-stage efforts to dismiss them are unsuccessful. ...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - May 2014

New York Court Strictly Applies Draconian Policy Language, Holding Excess Coverage Forfeited By Settling With Underlying Insurers For Less Than Policy Limits - Why it matters: A New York appellate court has...more

Knobbe Martens

Edwards and Medtronic to Settle All Patent Litigation; Medtronic to Make over $1 Billion in Payments

Knobbe Martens on

According to a press release, Edwards Lifesciences and Medtronic have agreed to settle all outstanding patent litigation between the companies, including cases related to transcatheter heart valves. The press release noted...more

Hinshaw & Culbertson LLP

Settlement Agreement Silent On "Costs" Leads To Prevailing Party Award

In deSaulles v. Community Hospital of the Monterey Peninsula, 2014 DJDAR 5571 (2014), the California Court of Appeal for the Sixth Appellate District decided that a prevailing party was entitled to costs, despite the fact...more

Burr & Forman

EPA Revises Construction And Development Stormwater

Burr & Forman on

In March, EPA published a new Final Rule that revised a 2009 Final Rule addressing stormwater discharges from its Construction and Development (C&D) point source category. The March revision withdrew the numeric turbidity...more

Carlton Fields

Insurer Must Follow The Settlements, Notwithstanding Clause Purporting To Limit Settlement To Settling Insurers Only

Carlton Fields on

Interest holders in a vessel insured a 50% interest with certain Lloyd’s Syndicates, and a 30% interest with Aigaion Insurance Company. The terms of the Aigaion policy contained a clause reading, “Agreed to follow London’s...more

Robins Kaplan LLP

In re Lamictal Direct Purchaser Antitrust Litigation

Robins Kaplan LLP on

Case Name: In re Lamictal Direct Purchaser Antitrust Litigation, Case No. 12-cv-995 (WHW), 2014 U.S. Dist. LEXIS 9257 (D.N.J. Jan. 24, 2014) (Walls, J.) - Drug Product and Patent(s)-in-Suit: Lamictal® (lamotrigine);...more

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