Denial of Coverage for Antitrust Claim Under Executive Liability Insurance Policy Upheld
Posted on Jul 31, 2019 in Insurance | Comments Off on Denial of Coverage for Antitrust Claim Under Executive Liability Insurance Policy Upheld
In Crowley Maritime Corp. v. National Union Fire Insurance Co. of Pittsburgh, 2019 WL 3294003 (11th Cir. July 23, 2019), the Eleventh Circuit affirmed a denial of insurance coverage under an executive and organization liability insurance policy. Crowley Maritime Corporation (“Crowley”) carries freight between the United States and Puerto Rico, and purchased liability insurance from...
Eleventh Circuit Restores $20m Punitive-Damages Verdict Against Philip Morris
Posted on Dec 6, 2018 in Consumer Protection | Comments Off on Eleventh Circuit Restores $20m Punitive-Damages Verdict Against Philip Morris
The Eleventh Circuit last week reinstated a $20.76m punitive-damages verdict against tobacco giant Philip Morris, ruling that the district court had abused its discretion in ordering a new trial on the plaintiff’s intentional tort claims. Cote v. R.J. Reynolds Tobacco Co., 2018 WL 6167395 (11th Cir. Nov. 26, 2018). The court also affirmed the denial of Philip Morris’s motions for a...
Eleventh Circuit Upholds Constitutionality of Giving Preclusive Effect to Engle Jury Findings on Intentional Torts
Posted on Sep 18, 2018 in Constitutional Law | Comments Off on Eleventh Circuit Upholds Constitutionality of Giving Preclusive Effect to Engle Jury Findings on Intentional Torts
Recently, in Searcy v. R.J. Reynolds Tobacco Co., 2018 WL 4214594 (11th Cir. Sept. 5, 2018), the Eleventh Circuit held that giving preclusive effect to a Florida jury’s findings that tobacco companies had concealed the health impacts of smoking did not violate the Due Process Clause when the defendants had notice and an opportunity to be heard. This is the latest in a line of “Engle...
Eleventh Circuit Rejects Constitutional Challenge to Brookhaven Ordinance Regulating “Sexually Oriented Businesses”
Posted on Aug 14, 2018 in Constitutional Law | Comments Off on Eleventh Circuit Rejects Constitutional Challenge to Brookhaven Ordinance Regulating “Sexually Oriented Businesses”
In 2013, the City of Brookhaven enacted its code to “regulate sexually oriented businesses in order to promote the health, safety, and general welfare of the citizens of the City, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of sexually oriented businesses within the City.” The new code did not ban establishments that “regularly...
Survey of 2017 Eleventh Circuit Decisions Published
Posted on Aug 2, 2018 in Arbitration, Class Actions, Court News | Comments Off on Survey of 2017 Eleventh Circuit Decisions Published
The Mercer Law Review recently published its annual survey of noteworthy Eleventh Circuit decisions. The Class Actions article, authored by our own Tom Byrne and Stacey Mohr, analyzes the court’s 2017 decisions on CAFA jurisdiction, the impact of arbitration agreements on class actions, the preclusive effect of prior actions, class action settlements, and class certification...