Based on a brief Laurie wrote for the Nevada Supreme Court, this article in FDCC Insights (December 2017) surveys the law nationwide on whether an insurer’s liability for breaching the duty to defend can exceed policy limits, where there was no bad faith and no
In Bristol-Myers Squibb Co. v. Superior Court (June 19, 2017, Case No. 16-466), the United States Supreme Court has ruled 8-1 that California lacks “specific” personal jurisdiction over a pharmaceutical company, reversing a 4-3 decision last year by the California Supreme Court. The case arises
It’s April, and time for ASIC’s semi-annual installment of “Is This Appealable?” — a selection of adverse orders that arise frequently for trial counsel and litigants. As usual, these answers apply 95% of the time in California state courts; there are sometimes exceptions. 5. Is
No clear leaning emerges from a review of the April 25 U.S. Supreme Court argument in Bristol-Myers Squibb v. Superior Court of California. The “specific” personal jurisdiction issue presented: whether a defendant can be sued in a state court for injury claims that would be
GMSR is proud to congratulate partner Laurie Hepler on becoming the firm’s second partner selected for membership in the Federation of Defense & Corporate Counsel. FDCC membership is by election only. Nominated attorneys must have achieved professional distinction, and must enjoy the respect of opposing
GMSR wins appeal in contract dispute between insurers
There are many deadlines to keep track of when moving for a new trial. Which ones are jurisdictional, such that missing them will automatically result in the Court of Appeal reversing the grant of a new trial? Laurie Hepler and Alana Rotter provide an overview
Appellate justices are generalists. Last week on a single Court of Appeal calendar, I listened to arguments that debated whether the justices should: Require a retroactive increase in child support; Reverse a personal injury judgment for re-trial, due to the improper discharge of a juror;
Hone your prose and keep it short As you approach appellate court Prune the verbiage, Pitch your story! Yacking earns you zero glory Hook ’em soon with why you win Own the high road, limit spin Lead with strength and deal with snags Inspire
It’s time again for that high-stakes question: is this appealable? As longtime readers know, failure to timely notice an appeal means permanent and usually irreparable loss of the appeal right. So twice a year, I run through some examples to illustrate the many ways this
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