Legal Wyoming top court sides with Sinclair refinery on fee-award question
Reuters
4 minute read
A Canadian oil refinery glows at dusk in Edmonton February 15, 2009. REUTERS/Dan Riedlhuber/File Photo
A Sinclair refinery can seek attorneysâ fees from Swiss insurer Infrassure under Wyoming law even though the policy was not issued in Wyoming or physically delivered in the state, the Wyoming Supreme Court held Monday in answer to a certified question from the 10th U.S. Circuit Court of Appeals.
In its first interpretation of a fee-award statute that applies only to insurance policies âdeliveredâ or âissued for delivery inâ Wyoming, the high court found the law âclearly and unambiguously provides that an insurance contract is issued for delivery in Wyoming if the policy issued is intended to protect an insured in Wyoming against risks in Wyoming.â
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Bradley Arant Boult Cummings LLP issued the following announcement on May 5.
Bradley is pleased to announce that six attorneys in the firm’s Healthcare Practice Group have been appointed to leadership positions with the American Health Law Association (AHLA), beginning July 1.
The firm’s attorneys newly appointed as AHLA leaders are Justin K. Brown, Alé Dalton, Amy S. Leopard, Russell B. Morgan, Janus Pan and Wendi Rogaliner.
AHLA is the nation’s largest, nonpartisan, nonprofit educational organization devoted to legal issues in the health care field. Its mission is to provide a collegial forum for interaction and information exchange to enable its members to serve their clients more effectively; to produce the highest quality non-partisan educational programs, products, and services concerning health law issues; and to serve as a public resource on selected health care legal issues. Members practice in law and consulting firms; academic, in-house, and in a varie
The Eleventh Circuit’s far-reaching decision in
Hunstein v. Preferred Collection and Management Services, Inc. which we previously covered on this blog continues to raise questions for the wide range of industries that fall within the FDCPA’s definition of “debt collectors.” To put it briefly, the Eleventh Circuit held that a debt collector violates the FDCPA when it communicates with any third party including a vendor or other party assisting with the collection or servicing of the loan regarding the loan or debt.
One issue not considered by the Eleventh Circuit is whether the court’s interpretation of the FDCPA’s prohibition on disclosures to third parties renders the statute unconstitutional under the First Amendment.
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We wrote yesterday that the Alabama House of Representatives voted 68-34 in favor of the medical cannabis bill. Late last night, the Senate concurred with the House’s version of the bill. The bill now moves out of the legislature and onto Gov. Kay Ivey’s desk.
We will continue to monitor this bill as Gov. Ivey takes it under consideration. Gov. Ivey has not issued any public statement regarding this bill, but in 2019 she signed the legislation that established the medical cannabis study commission that ultimately recommended the medical cannabis bill that the Alabama Legislature passed yesterday. Under Alabama law, and during the legislative session, the governor must sign or veto legislation within six days of transmittal or it becomes law without her signature. Thus, we may know whether the medical cannabis bill will become law by the end of next week.
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On March 29, in a development that provides some measure of relief to businesses operating in West Virginia, particularly within the financial services industry, Gov. Jim Justice signed into law amendments to the West Virginia Consumer Credit and Protection Act, or WVCCPA.
These amendments come as part of a legislative trend in West Virginia since 2015 to provide more certainty and greater defensive rights to businesses, in light of a statute that was previously one of the most impactful state consumer protection statutes nationwide.
In short, the newest amendments appear to provide clarity on certain attorney fees provisions in the WVCCPA, to better define the process for a presuit notice to cure and offer in response, and to provide new limitations on recovery of attorney fees in the instance of an offer of judgment or a written offer to settle.