Michael P. Daly and Ashley M. Super | September 26, 2017 | Consumer Contracts
The Ninth Circuit recently affirmed an order compelling individual arbitration of deceptive pricing claims in a putative class action against Amazon. See Wiseley v. Amazon.com, Inc., No. 15-56799 (9th Cir. Sept. 19, 2017). The decision is notable because it rejects a...
Michael P. Daly | August 25, 2017 | Consumer Contracts
Last year, the Southern District of New York refused to enforce Uber’s Terms of Service because it believed that the agreement’s placement was inconspicuous and the consumer’s acceptance was ambiguous. Last week, the Second Circuit vacated that order and found that...
Jennifer Morinigo | August 24, 2017 | Liability Insurance
In a decision that discussed the issue of rescission of insurance contracts in cases of material misrepresentations in insurance applications by high-risk insureds, the Superior Court of the State of California, County of Los Angeles cited the Proposed Final Draft of...
Kyle D. Logue and Tom Baker | April 20, 2017 | Liability Insurance
As a follow up to our post on the Council Draft text of this section, we now present the test from the Proposed Final Draft of Section § 24 – The Insurer’s Duty to Make Reasonable Settlement Decisions. The Black Letter and Comment were modified from what...
Kyle D. Logue and Tom Baker | April 4, 2017 | Liability Insurance
As a continuation of our post series that incudes content of ALI drafts, we now include Section 42 – Allocation in Long-Tail Harm Claims Covered by Occurrence-Based Policies. Due to the length of the Section, full black letter and the first paragraph of each comment...
