June 9, 2009 4:33 PM | Posted by Christian, Kathryn | Analysis, Insurance, News
Zurich-based reinsurer Swiss Re thinks so. In a recent report, Swiss Re concludes that "climate change-related liability will develop more quickly than asbestos-related claims" and "the frequency and sustainability of climate change-related litigation could become a significant issue within the next couple of years." Swiss Re points out that although the first asbestos claims in the 1950's were not successful, later suits have been successful. Swiss Re predicts that the same litigation cycle could occur with respect to climate change claims, which so far have not been successful, but which could be in the future, especially given the current political climate.
Swiss Re is not alone in comparing climate change lawsuits to mass tort litigation: lawyers who filed a climate change suit last February on behalf of the Alaskan city of Kivalina plan to use the "same game plan" used by plaintiffs' lawyers in tobacco litigation to recover damages from oil, coal, and electric companies whose emissions have allegedly shortened the season during which the sea was frozen, causing severe coastal erosion. Specifically, the lawyers plan to prove that the companies conspired to cover up the threat of man-made climate change, preventing measures that might have slowed the problem.
Read more to learn about the industries at risk due to these and other climate change legal theories and how the current political climate may impact this litigation risk.
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December 12, 2007 9:12 AM | Posted by Dean Morande | Insurance, Southern District of Florida
In dealing with this issue of first impression, the Southern District of Florida says “no.”
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October 3, 2007 3:07 PM | Posted by Robert Ciotti | Alabama District Courts, Alabama State Courts, Analysis, Arbitration, Eleventh Circuit, Florida State Courts, Georgia District Courts, Georgia State Courts, Insurance, Middle District of Florida, News, Northern District of Florida, Southern District of Florida
Can differing state laws on the conscionability of class action waivers in arbitration defeat class certification of nationwide classes?
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June 5, 2007 9:30 AM | Posted by D. Matthew Allen | Insurance, Supreme Court
Does the term "willfulness" refer only to a knowing violation of a statute or does it also cover reckless ones as well? The answer to this question often has implications for class actions since reckless conduct, in some situations, can be subject to common proof, while subjective motivation arguably cannot. In the context of a Fair Credit Reporting Act class action, the Supreme Court resolved this issue.
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May 25, 2007 10:19 AM | Posted by Kenya Reddy | Insurance, News | Link
Class action alleges price-fixing in railroad fuel surcharges. Former and current black employees file class action lawsuit against Bank of America alleging racial bias. Northern District of Georgia gives preliminary approval to settlement of class action against Immucor. The United State Supreme Court dismisses antitrust class action against Verizon and three regional Bell companies. Hotels.com faces class action lawsuit for failure to guarantee accessibility of advertised hotels. Blue Cross of California settles class action over cancellation of health insurance policies.
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May 15, 2007 1:23 PM | Posted by Blaise Huhta | Insurance, News | Link
Attorneys’ Fees Barred for One Lawyer because of Misconduct in Settlement of Diocese Class Action
Lawsuit Alleging Deceptive Practices Against Allianz is Given Class Action Status by Minnesota District Court
LAPD Sued Again Over Rally
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May 11, 2007 4:10 PM | Posted by Kenya Reddy | Insurance, News | Link
Federal judge blasts plaintiff’s counsel in denying class certification in suit against Oreck Direct
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May 8, 2007 11:18 AM | Posted by Kenya Reddy | Insurance, News | Link
Proceeds from class action settlement between Microsoft and State of Florida will benefit state schoolsBritish soccer league and independent music publisher Bourne Co. file class action lawsuit against YouTubeOhio judge will hold settlement fairness hearing on Friday, May 11, 2007 in Carfax class action lawsuit Software firm Quovadx Inc. settles final class-action lawsuit pending against the company
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April 27, 2007 1:45 PM | Posted by Kenya Reddy | Insurance, News | Link
Judge approves $63.8 million settlement in Paxil class action State Farm settles tornado class action after seven years of litigation 350 plaintiffs to receive $5000 apiece in settlement of class action alleging illegal strip-searches
Massachusetts banks file class action against T.J. Maxx owner over data theftMorgan Stanley settles gender bias class action for $46 million Wells Fargo settles subprime mortgage class action Two federal class actions filed against Vitamin Shoppe
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April 11, 2007 11:28 AM | Posted by Kenya Reddy | Insurance, News | Link
State of Texas settles long-running Medicaid class action suit. Judge refuses to unseal records of how attorney’s fees award was divided in 2004 class action suit against Shell Oil Co. Laid off employees file class action against Circuit City alleging age bias. American class action lawyers swoop in on European cases. After 10 years of litigation, $62.5 million judgment affirmed for farmers in consumer fraud class action against BASF.
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March 27, 2007 11:24 AM | Posted by Joanna Garcia | Georgia State Courts, Insurance
Employer sued health care insurer for alleged overcharges for insurance renewal premiums for its group health insurance plan. The Superior Court dismissed the complaint based on ERISA preemption. The employer appealed. The Court of Appeals reversed, and held that: (1) claim of overcharging was not preempted by ERISA, and (2) employer was not required to exhaust administrative remedies on claim that overcharging violated statutory requirements for rating small groups.
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March 27, 2007 11:20 AM | Posted by Joanna Garcia | Georgia District Courts, Insurance
Insured brought putative class action on behalf of persons who were entitled to, but were denied refund of unearned premium on credit insurance coverage upon early termination of their automobile loans. Credit insurer moved for summary judgment on ground of mootness. The court denied the motion and held that insurer's tender of refund to named plaintiff before class could be certified did not under facts moot controversy.
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March 9, 2007 10:33 AM | Posted by D. Matthew Allen | Arbitration, Florida State Courts, Insurance
On February 28, 2007, in Freedom Life Ins. Co. v. Wallant, -- So. 2d --, 2007 WL 6000629 (Fla. 4th DCA 2007), the Fourth District rejected the defendant Freedom’s second attempt to send the case to arbitration.
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January 17, 2007 11:31 PM | Posted by Dean Morande | Eleventh Circuit, Insurance
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