Published Ninth Circuit Victory in Antitrust Case

In June 2006, Payne & Fears LLP obtained summary judgment for its client, a New Jersey intellectual property firm, in an action brought by a California tool distributor and its Taiwanese supplier. The complaint, which sought millions in damages, alleged that the client violated federal antitrust law, the Lanham Act...

Payne & Fears LLP Obtains Important Victory for Arizona Policyholders

In a victory not only for homebuilders but for all policyholders, the Arizona Court of Appeals recently rejected an attempt by several liability insurers to dramatically expand Arizona’s “fair debatability” defense to policyholder bad faith claims. Lennar Corp. v. Transamerica Ins. Co., No. 1 CA-CV 10-0141 (April 14, 2011) (“Lennar...

Court Denies De Novo Review in Favor of Request for Abuse of Discretion Standard

In a case brought in federal court under the Employee Retirement Income Security Act (ERISA) against our client, a national retailer, and its group health insurance plan for denial of an expensive surgery as not medically necessary, the court ordered briefing on the appropriate standard of court review. In ERISA...