Cases

935 F.2d 1428 ST. PAUL FIRE AND MARINE INSURANCE COMPANYv.Barbara LEWIS, Nya Lewis, Khalid Lewis, John Mincy, ShahidaMincy, Sheila M. Furey, Administratrix of the Estate of JohnCharles Furey, Deceased, Delaware River Port Authority ofPennsylvania and New Jersey, Andrew Klinghoffer.Barbara Lewis, Nya Lewis, Khalid Lewis, Appellants in 90-1810,John Mincy and Shahida Mincy, Appellants in 90-1821,Delaware River Port Auth

GARTH, Circuit Judge, dissenting: I do not normally file a dissenting opinion in a diversity case, particularly where the only issue presented involves the coverage of an “umbrella” insurance policy. I do so in this appeal, however, because: 1. The majority has ignored Third Circuit precedents which bar directed verdicts when material facts are in issue and which require that issues of ulti

369 F.3d 34 UNITED STATES FIDELITY AND GUARANTY COMPANY and American Home Assurance Company, Plaintiffs-Counter-Defendants-Appellants,v.BRASPETRO OIL SERVICES COMPANY, Petroleo Brasileiro S.A. — Petrobras, Bank of Tokyo-Mitsubishi, Ltd., formerly known as Bank of Tokyo, Ltd.-Japan, and Long-Term Credit Bank of Japan, Ltd., Defendants-Counter-Claimants-Appellees. Docket No. 02-9185. D

HEARTFIELD, District Judge: We consider whether, under Mississippi law, a business auto insurance policy’s separation of insureds provision stating that “the coverage afforded applies separately to each insured who is seeking coverage or against whom a claim or ‘suit’ is brought” limits the applicability of other provisions excluding from coverage potential obligations arising und

PATRICIA L. COHEN, Judge. Introduction This appeal arises out of a petition for declaratory judgment filed by Affirmative Insurance Company (Affirmative)1 against Empire Fire & Marine Insurance Co. (Empire) and John and Tracy Broeker (Appellants), grandparents and guardians of the children of Trenton and Casey Men-denhall, who died in an automobile accident while d

The opinion of the court was delivered by Beier, J.: This case arises out of a Kansas Insurance Department decision imposing sanctions on appellant Golden Rule Insurance Company for unfair claim settlement practices. The Department’s final order was upheld in district court. Then, on appeal to our Court of Appeals, the panel reversed. We accepted a pe

223 F.3d 873 (8th Cir. 2000) MARVIN LUMBER AND CEDAR COMPANY; MARVIN WINDOWS OF TENNESSEE, INC., PLAINTIFFS - APPELLANTS,v.PPG INDUSTRIES, INC., DEFENDANT THIRD PARTY PLAINTIFF - APPELLEE,v.ELF ATOCHEM NORTH AMERICA, INC., THIRD PARTY DEFENDANT.MINNESOTA, AMICUS ON BEHALF OF APPELLANT. No. 99-1424 UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT Subm

*753 OPINION AND ORDER GABRIEL W. GORENSTEIN, United States Magistrate Judge. Plaintiff Valdenor Reyes brings this action against his former employer Metromedia Software, Inc. on the ground that Metromedia violated his employment contract. Reyes has moved for partial judgment on the pleadings seeking a declaration that he is entitled to cer

ORDER DENYING DEFENDANTS’ MOTIONS TO DISMISS SECOND AMENDED COMPLAINT ANTHONY J. BATTAGLIA, District Judge. Now before the Court are several motions to dismiss this copyright infringement and breach of contract action. The Court found the motions suitable for decision on the written briefs. Local Civil R. 7.1(d). For the reasons stated below, the Court denies the motions to dismiss the Second Amended C

****************************************************** The ‘‘officially released’’ date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the ‘‘officially released’’ date appearing in the opinion. In no event will any such motions be accepted before the ‘‘o

CARAWAY, J. 11With liability for the accident stipulated, a jury awarded $100,000 in future special damages for injuries arising out of a pedestrian/automobile accident involving a five-year-old boy. The jury failed to award past special damages, which had been stipulated, or past or future general damages. The jury further found that the insurer defendant was not in bad faith in its refusal to tender approximate amounts for t

OPINION CHIN, Circuit Judge. Plaintiffs Sompo Japan Insurance Company of America and Sompo Japan Insur*492anee, Inc. (together, “Sompo”) and Nipponkoa Insurance Company Limited (“Nipponkoa”) insured cargo carried on a train that derailed near Dallas, Texas, on April 18, 2006. Defendants Norfolk Southern Railway Company, Norfolk Southern

462 F.Supp.2d 981 (2006) Felix RUSSO, as parent and natural guardian of John Doe 1, a minor, Steve DeLillo, as parent and natural guardian of Jake DeLillo, a minor, Shane Fulton and Caleigh Sawicki on behalf of themselves and all others similarly situated, Plaintiffs, v. NCS PEARSON, INC., d/b/a Pearson Educational Measurement, and College Entrance Examination Board, d/b/a The College Board, Defendants. Civ. No. 06-1481 (JNE

664 F.Supp.2d 158 (2009) HSB GROUP, INC., Plaintiff, v. SVB UNDERWRITING, LTD., Defendant. No. 3:04cv2127 (SRU). United States District Court, D. Connecticut. September 30, 2009. *162 Ernest J. Mattei, Robert E. Koosa, Day Pitney LLP, Wystan M. Ackerman, Robinson & Cole, Hartford, CT, for Plaintiff. Daniel J. Layden, R

407 F.Supp.2d 741 (2006) PENSKE TRUCK LEASING CO., Limited Partnership, Plaintiff, v. REPUBLIC WESTERN INSURANCE COMPANY, Defendant. No. 5:04-CV-462-CR(3). United States District Court, E.D. North Carolina, Western Division. January 3, 2006. *742 Christopher A. Page, Young, Moore & Henderson, George H. Pender, Teague, Campbel

765 F.Supp.2d 472 (2011) AIG EUROPE (NETHERLANDS), N.V., Plaintiff, v. UPS SUPPLY CHAIN SOLUTIONS, INC., Defendant. No. 08 Civ. 2387(PGG). United States District Court, S.D. New York. February 14, 2011. *474 David Thomas Maloof, Thomas Mark Eagan, Jacqueline M. James, Maloof Browne & Eagan LLC, Rye, NY, for Plaintiff.

KATZMANN, Circuit Judge. This diversity action, governed by New York law, arises out of the seizure by Russian governmental authorities of a shipment of frozen food sent by plaintiff International Multifoods Corporation (“Multifoods”) to Russia. It raises several issues of contract interpretation with respect to two insurance policies that protected Multifoods against risks associated with the shipment. The District Court gran

ACCEPTED 13-14-00725-cv THIRTEENTH COURT OF APPEALS CORPUS CHRISTI, TEXAS 7/23/2

309 F.3d 76 INTERNATIONAL MULTIFOODS CORPORATION, Plaintiff-Appellee, andIndemnity Insurance Company of North America, Defendant-Cross-Defendant-Cross-Claimant-Appellee,v.COMMERCIAL UNION INSURANCE Co., Defendant-Cross-Claimant-Cross-Defendant-Appellant, andAscop Corporation, m/v Ozark, her engines, boilers, tackle, etc., in rem, Eratira Navigation Co., Ltd., Eastwind Transport Ltd, Van Weelde Chartering B.V., Riomar Agencies, Inc.,

United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 99-1424 ___________ Marvin Lumber and Cedar Company; * Marvin Windows of Tennessee, Inc., * * Plaintiffs - Appellants, * * v.