0 results for 'Post & Schell'
In a wrongful death and survival action, plaintiffs, the surviving husband and children of decedent, sued defendant, alleging decedent's asbestosis and subsequent death were caused by asbestos fibers her husband brought home from defendant's facility.
People v.Lance Rodriguez,
Although declaratory judgment action did not breach the parties' settlement, the fact that the action was related to litigation nonetheless triggered defendants' indemnification obligations under the settlement to reimburse plaintiff for its legal costs incurred in the action.
Handdown List released on:July 5, 2023
Plan of reorganization establishing sexual abuse settlement trust affirmed where non-consensual releases of claims against non-debtors, who were affiliates of debtors, fell within "related to" jurisdiction since the non-debtors' viability as going concerns was necessary to the success of debtors' reorganization.
Respondent MP Gulf of Mexico, as two-thirds owner of some oil and gas leases called Chinook Unit made two contracts with petitioner Total Energies E&P USA, Inc. as one-third owner of the same unit.
Issues of Fact Exist on Whether Continuous Treatment Doctrine Tolled Limitations Period
An energy company, that lost on appeal an argument that it was not required to arbitrate an agreement, failed to prove to that it was entitled to relief.
Declaratory judgment seeking clarification of scope of obligations under continuing cooperation provision of parties' settlement agreement did not constitute breach of release provision entitling released party to indemnification.
Appellate Division, Second Department: January 4 & 5, 2022
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