CM Report of Recent Decisions (2010v1)
2010 Volume 1
A summary of significant recent developments in the law focusing on substantive issues of litigation and featuring analysis and commentary on special points of interest.
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Articles in this report
Baker v. National Interstate Insurance Company: California’s New Interpretation Of The Products-Completed Operations Exclusion
In Baker v. National Interstate Ins. Co., 103 Cal. Rptr. 3d 565 (Cal. Ct. App., 2 Dist.), an intermediate California Appellate court expressly disregarded a decision of the California Supreme Court in interpreting a “products-completed operations” exclusion in a commercial liability policy. In doing so, the court reiterated the fact-specific, policy-specific nature of all insurance coverage actions, and helped provide guidance on what can be a troublesome and often misinterpreted exclusion.
Fifth Circuit Confirms That Post-Loss Sales Figures Should Not Be Used To Calculate A Business Interruption Loss
In Catlin Syndicate Ltd. v. Imperial Palace of Miss., Inc., No. 09-60209, 2010 U.S. App. LEXIS 5389 (5th Cir. Mar. 15, 2010), the United States Court of Appeals for the Fifth Circuit affirmed a summary judgment ruling in favor of the insurer, holding that post-storm favorable business conditions should not be used to calculate a business interruption loss under Mississippi law.
Global Warming & Climate Change Claims: Case Summaries & Updates
Our Global Warming and Climate Change Liability Coverage Team (“GWCC Team”) continues to monitor closely all legal developments in this emerging area of law. This will update our prior reports on the relevant pending cases in the country.
U.S. Supreme Court Establishes “Nerve Center” Test For Determining Corporate Jurisdiction
In Hertz Corp. v. Friend, 130 S.Ct. 1181 (2010), a unanimous United States Supreme Court held that a corporation’s “principal place of business” is its “nerve center”—the “place where a corporation’s high level officers direct, control and coordinate the corporation’s activities.” The decision resolves a long-simmering debate among the circuits regarding how to assess corporate citizenship for the purpose of assessing federal jurisdiction in potential diversity actions.
U.S. Supreme Court Holds Order Requiring Disclosure Of Privileged Information Not Immediately Appealable Under Collateral Order Doctrine
In Mohawk Industries, Inc. v. Carpenter¸ 130 S. Ct. 599 (Dec. 8, 2009), the United States Supreme Court considered whether a party may seek review under the collateral order doctrine of a discovery order regarding the disclosure of materials said to be covered by the attorney-client privilege. The collateral order doctrine provides that a party make seek appellate review not only of judgments that “terminate an action,” but also a “small class” of collateral rulings that, although they do not end the litigation, are appropriately deemed “final.”
