Business Litigation: May 2020 Archives

First Circuit Upheld District Court's Preliminary Injunction Applying Delaware Law Based on Massachusetts's Choice-of-Law Framework

Recently, in NuVasive, Inc. v. Day, the United States Court of Appeals for the First Circuit upheld the decision of the United States District Court for the District of Massachusetts to apply Delaware law and grant an employer a preliminary injunction against a former employee related to a nonsolicitation clause.

SJC Holds Consent-to-Settle Clauses in Professional Liability Insurance Policies Valid

The Supreme Judicial Court recently issued a decision that confirms the legality of consent-to-settle clauses in professional liability insurance policies. In Rawan v. Continental Casualty Company, the SJC held that the refusal of an insured party to settle an underlying tort claim limits the insurance company's exposure to claims of unfair claim settlement practices as long as the company operates in good faith.

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