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Utica Mutual Insurance Company v. Abeille General Insurance Company
Appeals & Motions List released on:May 2, 2024
State common law claims arising from fossil fuel companies' operations which harmed the environment were largely preempted by the Clean Air Act, which regulated the use of fossil fuels and emissions standards.
FERC commissioners' statements following deadlock over proposed tariff were sufficient to demonstrate that the agency's "action through inaction" found the tariff just and reasonable.
Court denied plaintiffs' motion for JNOV/new trial where there were sufficient facts to support the jury's verdict finding in favor of defendants' affirmative defenses of the statute of limitations and voluntary payment.
Utica Mutual Insurance Company v. American Re-Insurance Company
COGSA Strict liability Finding Reversed But Liability on Failure-to-Warn Theory Upheld
Court Limits Scope of Complaint Count 1 in Breach Action Asserting Software's Infringement
Court denied summary judgment on breach of contract claims where there was a factual dispute over whether defendant's customers participating in savings card and price-match programs fell within the scope of the parties' contracts for prescription drug reimbursements.
NYS May Seek Indemnification for Funds Expended From Sources Other Than Oil Spill Fund
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