Six years after the landmark Supreme Court ruling in
Notwithstanding the Appellate Division's ruling in Diamond Shamrock, Judge Martin agreed with London underwriters that such clauses were applicable to design defect claims and should therefore limit the number of occurrences presented by the underlying DES actions.
Notwithstanding its recent ruling in Spalding that had refused to give effect to a non-cumulation clause that would have limited an insurer's allocated share beyond that otherwise called for in Owens-Illinois and Carter-Wallace, the Supreme Court ruled that the purpose of Owens-Illinois was simply to regularize irregular environmental losses into separate occurrences that could be assigned to individual policy years.
For example, in Lee v Allstate Life Ins Co, (35) the second district distinguished the high court's ruling in
Avery, finding that "in addition to other significant contacts, the alleged wrongful conduct in this case occurred at Allstate's headquarters in Illinois." (36) Accordingly, class action practitioners and circuit courts should be prepared to address and confront the causal connection (or lack thereof) of the complained of act to Illinois citizens and plaintiffs.
A state appellate court didn't, though, ruling in
December that doctors could argue in some circumstances that their "religious beliefs" prevent them from providing treatment; the court has, however, agreed to rehear the case and review new legal briefings.
The most surprising example was the Supreme Court's ruling in
June against the Administration's designation of certain people as enemy combatants who could be stripped of their due process rights.
In a televised discussion of the ruling in
Havana, University of Havana law professor Jose Luis Toledo faulted the panel for continuing to recognize "the kidnapper" Lazaro Gonzalez as "next of friend" representing Elian, despite the panel's own statements that only the father could speak for Elian.
However, now an artist must pay for the privilege of having work censored, according to a new ruling in
Recoupment must be distinguished from allocation, which the California court largely rejected in its more recent ruling in Aerojet-General Corp.
1993) (coverage litigation must be stayed on any issue that is of material consequence to underlying claim, such that ruling in coverage suit might result in inconsistent results or prejudice to policyholder); North Pacific Ins.
favor of the insurance company, the court sum that the policyholder was under sufficient notice regarding changes in the policy given differences in the deductible, a change in the premium, and the fact that notice was given to an agent.
The court distinguished this case from its earlier ruling in INA v.
In particular, the District Court's 1993 ruling in Lee v.
That's why gender activists say a groundbreaking preliminary, court ruling in
favor of a 15-year-old transgendered female student from Brockton, Mass., is so critical to their cause.
Whether experts will be permitted to present their opinions beyond stating a mere breach of insurance industry standards is an issue that should be resolved before trial and not left to a summary courtroom ruling in
the midst of testimony.