Eleventh Circuit Finds for Insurer in COVID-19 Case of First Impression in Georgia
6/6/22
FMG partners Phil Savrin and Shawn Bingham successfully represented Allied Insurance Company of America (a Nationwide entity) in resisting a claim by a restaurant (Henry’s Louisiana Grill) seeking coverage for business income lost after it suspended its operations after the …
A month into recreational cannabis sales, NJ Employers still lack guidance on drugfree workplace enforcement
6/3/22
By: Courtney Knight
New Jersey recreational cannabis sales began April 21, 2022 and have since amounted $24 million in sales. But what happens when all of those legal users show up to work and/or apply for a new job? The …
Down It Goes! Illinois Prejudgment Interest Struck Down – What To Do Now
5/31/22
By: Jonathan Schwartz and Patrick Eckler
Judge Marcia Maras of the Circuit Court of Cook County struck down as violative of the Illinois state constitution, PA 102-0006, which permits prejudgment interest in personal injury and wrongful death cases. This ruling …
Massachusetts’ High Court Strikes Down Capital Gains Tax Levied Against Non-Domiciled Corporation on Statutory Grounds
5/25/22
By: Matthew A. Wachstein
In the recent case of VAS Holdings & Investments LLC v. Comm’r of Revenue, No. SJC-13139, 2022 Mass. LEXIS 204 (May 16, 2022), the Supreme Judicial Court of Massachusetts (SJC) reversed the Appellate Tax Board’s holding …
Right result. Right reason? Kentucky federal court considers questions of intent under different parts of an insurance policy
5/24/22
By: Barry Miller
Can the same conduct be unintentional, under a broad reading of the word “intent,” and still be intentional under a narrower test? A recent opinion from a Kentucky federal seems to suggest that an insured can lose …
Georgia Governor Reinstitutes Non-Party Apportionment
5/23/22
By: Sharon Horne and Sangeetha Krishnakumar
Georgia’s “non-party fault statute,” codified at OCGA § 51-12-33, was passed by the state’s General Assembly as part of tort reform efforts in 2005. This statute provided for non-party apportionment as an option in …
Changing Tides: WOTUS and the Jurisdiction of the Clean Water Act
5/23/22
By: Alec D. Tyra
Clean Water Act: What is WOTUS?
The Clean Water Act (CWA) was enacted to “restore and maintain the chemical, physical, and biological integrity of the Nation’s waters.” The act, among other things, regulates the discharge …
The Connecticut Supreme Court finds that the “Litigation Privilege” extends to claims of “bad faith” based upon an insurers’ actions during litigation.
5/23/22
By: Edward Storck
The recent decision in Tamara Dorfman v. Joscelyn Smith, et al, 342 Conn. 582, 271 A.3d 53 (March 29, 2022), addressed whether an insurer’s alleged conduct during litigation could form the basis of a “bad faith” finding …