The Continuous Injury Trigger: A Cat-and-Mouse Game

The Thursday July 17, 2010 edition of the San Francisco Daily Journal featured my article, entitled “The Continuous Injury Trigger: A Cat-and-Mouse Game,” in the Perspective column. It explains a recent case from the California 4th Appellate District which rejected a CGL insurer’s attempts to apply a “double trigger” to narrow the “continuous injury trigger” based on the standard …

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Ninth Circuit Applies New Hardt Decision to Deny ERISA Participant Attorney’s Fees

Last month, the U.S. Supreme Court handed ERISA plan participants a big victory when they decided the important ERISA disability case of Hardt v. Reliance Standard Life Insurance, __ U.S. __ (Decided May 24, 2010)(see our blog discussion here) holding that an ERISA plan participant may be able to collect attorneys’ fees from a plan …

Read moreNinth Circuit Applies New Hardt Decision to Deny ERISA Participant Attorney’s Fees

District Court Provides Additional Guidance on Scope of Discovery Under Glenn

In the last several years, the scope of discovery in ERISA cases has been a point of contention between plaintiff and defense counsel.  Plaintiffs typically want free range to conduct discovery on any potentially relevant information addressing the conflict of interest issue while defense counsel would like discovery requests to be as narrow as possible.  Generally, …

Read moreDistrict Court Provides Additional Guidance on Scope of Discovery Under Glenn

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