Insurer’s Rescission Action Must Wait Pending Trial Of Underlying Lawsuit

On March 6, 2018, U.S. District Court Judge Michael Fitzgerald issued an order granting the motion of our client to stay an insurer’s declaratory relief and rescission action until the underlying lawsuit between the insured and the claimant is resolved. As reflected in the order, a copy of which is available here, the Court rejected…

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Case Transferred for Lack of Personal Jurisdiction

In Adobe Sys. v. Cardinal Camera & Video Ctr., No. 15-cv-02991-JST, 2015 U.S. Dist. LEXIS 137153 (N.D. Cal. Oct. 7, 2015), Adobe alleged that Cardinal used both its own website (www.cardinalcamera.com) and its Amazon.com merchant account to sell unauthorized version of Adobe Software, thereby infringing Adobe’s underlying trademarks and copyrights. Specific jurisdiction was asserted which…

Advising a Client To Not Request a Defense From Its Insurers Is Fraught With Peril

In a recent case IP defense counsel determined that no potential coverage could arise for claims of “implicit disparagement.”  Defense counsel found no potential coverage arose despite trademark dilution claims alleged injury to reputation flowing from alleged “tarnishment” activity, leading potential consumers to think less of the leading brand’s products.  Defense counsel did not consider…

Court Chastises Claimant for Subterfuge in Pleadings

In denying National Union Fire Insurance Co. of Pittsburgh, PA’s Motion to Dismiss, the court in Market Lofts Community Assn. v. National Union Fire Ins. Co. of Pittsburgh, PA, No.: CV15-03093-RGK(MANx), 2015 U.S. Dist. LEXIS 100691 (C.D. Cal. July 30, 2015) granted Plaintiff, Market Lofts Community Association’s (“the Association”) Motion for Partial Summary Judgment, finding it was entitled…

20 Years of Success!!

Gauntlett & Associates Launches a NEW WEBSITE as it Celebrates 20 YEARS on April 1st! 20 YEARS OF SUCCESS! Founded on April 1, 1995, the firm to date has secured judgments and settlements exceeding $200 million dollars on behalf of a range of corporate clients including over 20% of the Fortune 1000 and 10% of…

Law360

David Gauntlett of Gauntlett & Associates was recently mentioned in Law360 Q&A for his expertise in coverage law.  Leslie Thorne of Haynes & Boone was interviewed for a news and analysis article on insurance-related litigation. Haynes & Boone is a business, real estate, construction and insurance coverage litigation law firm. Ms. Thorne was asked “Outside…

Coverage for Implicit Disparagement Is Not Limited to Claims “Of and Concerning” the Claimant

The Northern District of California sided with California Court of Appeals case Charlotte Russe over conflicting appellate cases Total Call and Swift, finding potential coverage without requirement that the disparaging statement specifically refer to the goods, products, or services of the claimant. Recently, the Northern District of California weighed in on the divergent opinions of the…