Outside Publications | Article
Jason Komorsky
May 13, 2003, Insurers Must Pay $189 Million Now For Asbestos Liabilities; A California jury on May 2 rendered a verdict in Fuller-Austin Insulation Co.·s insurance coverage action, finding that the company·s present liability for asbestos claims nears $1 billion, almost $200 million of which must be paid now by remaining defendant insurers (Fuller-Austin Insulation Co. v. Fireman·s Fund Insurance Co., et al.
Outside Publications | Article
Jason Komorsky
On November 14, 2002, a unanimous California Supreme Court affirmed an appellate court·s ruling allowing a policyholder to proceed with a suit against its insurance carrier alleging that a setoff claim triggers the insurance carrier·s duty to defend and indemnify under a general liability insurance policy. Construction Protective Services Inc. v. TIG Specialty Insurance Co., Case No. S099647 (Calif. Sup. November 14, 2002). In a carefully worded decision crafted by Justice Brown, the Supreme Court agreed with the appellate court·s ruling overturning the trial court·s sustaining of the insurer·s demurrer but, at the same time, rejected the appellate court·s reasoning that a setoff claim under Section 431.70 of the California Code of Civil Procedure constituted affirmative relief.
Outside Publications | Article
Peter Watt-Morse, David Gerson, Marlee Myers
Presentation | Speech
Michel Horton, Jason Komorsky
Michel Y. Horton spoke on ''Recent Asbestos Bankruptcy Developments" at the Mealey's California Insurance Conference held in Pasadena, California on June 21-22, 2001. At the conference, Mr. Horton and Jason Komorsky, also of the Los Angeles office, presented a paper on bankruptcy issues.
Outside Publications | Article
Richard Shortz
Outside Publications | Article
David Cox, Michel Horton
Powerine I: Strategic Responses to California Supreme Court Decision Holding that environmental liabilities imposed by administrative agencies are not covered under standard primary policies are discussed.
White Paper | Morgan Lewis White Paper
Labor and Employment
On January 1, 2001, California employers will awaken to a host of new employee statutory protections in a number of areas, including workplace harassment, disability rights, union activity, wage and hour violations, overtime... more
White Paper | Morgan Lewis White Paper
Intellectual Property
On November 16, 2000, the Ninth Circuit Court of Appeals reinstated a $655,900 jury verdict in favor of former taxi cab driver Wade Cook against Anthony Robbins, the well-known professional motivator. In Wade Cook v.... more
White Paper | Morgan Lewis White Paper
J. Cooney, Jr., Kathleen Sanzo
Last month, a California Superior Court judge issued an opinion following a nonjury trial in which he ordered the recall of nearly 1.3 million Ford motor vehicles due to Ford's failure to disclose and correct defects in its ... more
White Paper | Morgan Lewis White Paper
Employee Benefits
On October 3, 2000, the Equal Employment Opportunity Commission (“EEOC”) released enforcement guidance (the “Guidance”) analyzing discrimination in employee benefits. The Guidance serves as a reference for EEOC personnel... more
White Paper | Morgan Lewis White Paper
Labor and Employment
The California Supreme Court handed employers a significant victory on October 5, 2000 in Guz v. Bechtel National, Inc . First, the court somewhat limited the ability of terminated employees to reach a jury on a ... more
White Paper | Morgan Lewis White Paper
Labor and Employment
In a broad endorsement of predispute agreements to arbitrate employment claims, the California Supreme Court ruled in Armendariz v. Foundation Health Psychcare Services, Inc . that anti-discrimination claims brought ... more
White Paper | Morgan Lewis White Paper
Labor and Employment
On June 1, 2000, the California Supreme Court ruled, in Asmus v. Pacific Bell , that an employer may unilaterally terminate an employment policy that contains a specified condition if the condition is one of indefini... more
White Paper | Morgan Lewis White Paper
Intellectual Property
On May 8, 2000, the California Supreme Court held that in-house counsel “stand in an attorney-client relationship with the corporation and provide comparable legal services.” Consequently, the Court held that a corporati... more
Presentation | Speech
Katy H. H. Yang
White Paper | Morgan Lewis White Paper
Intellectual Property
The Ninth Circuit made it easier to knock-off unpatented products. In a case involving the well-known Leatherman “Pocket Survival Tool,” the Court held there was no trade dress protection for that tool even whe... more
White Paper | Morgan Lewis White Paper
Dennis Morikawa
On November 22, 1999, the Occupational Safety and Health Administration (OSHA) released its controversial proposed rule on ergonomics applicable to general industry. The rule, which would only become final sometime next ... more
White Paper | Morgan Lewis White Paper
Dennis Morikawa
On November 22, 1999, the Occupational Safety and Health Administration (OSHA) released its controversial proposed rule on ergonomics applicable to general industry. The rule, which would only become final sometime next ... more
Presentation | Speech
Charles Cohen
Presentation | Speech