Loss Causation Pleading Standard
Jacqueline Sailer and Brian P. Murray, partners at Murray, Frank & Sailer, write that there is no heightened pleading requirement for loss causation under the Private Securities Litigation Reform Act of 1995; nonetheless, courts are grappling with the issue of what suffices to plead loss causation under the notice-pleading requirements.Tikhonova v. Ford Motor Company
Diplomatic Immunity of Driver Does Not Shield Vehicle Owner/Lessee From VTL �388 SuitHoltzman Amendment: A Commitment to Removal of Nazi Perpetrators
Lee Spielmann, an assistant regional counsel with the U.S. Environmental Protection Agency, writes that as the number of cases against accused Nazi perpetrators whom the government seeks to expel from the United States dwindles, a little-noticed ruling from the Sixth Circuit again underscores the ongoing importance and continuing vitality of the law under which the removal was mandated.First Department Decisions in Conflict Over 'Other Insurance' Provisions
Jon D. Lichtenstein, a partner at Gordon & Silber, write that in Sport Rock Intern. Inc. v. American Cas. Co. of Reading, Pa. the First Department broadly addressed the appropriate allocation of defense costs between two primary liability insurance policies, where one policy's "other insurance" clause made it excess to the other. The majority consciously highlighted its conflict with another First Department decision that was recently decided, revealing some considerable friction among the judges, but nevertheless provided some clarity to insurance carriers and their counsel who wish to give effect to the "other insurance" provisions in their policies.Christian Club Fails in Bid for Support by Law School
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