Mayhall Fondren Blaize

November 2017 Archives

Business litigation lawsuit claims breach of insurance contract

In Louisiana and other states, when an insured customer fails to pay the premiums owed to its insurer for ongoing coverage, the insurer may notify the insured that it will cease to provide further coverage as of a certain date. After the policy lapses for nonpayment, the company may file a business litigation lawsuit against the former customer for the past premiums that remain due. Every insurance policy is a contract between the insurer and the insured, and a lawsuit for unpaid premiums is generally based on a cause of action for breach of contract.

Recent business litigation has Apple and Qualcomm in hot dispute

The world of high-tech mobile devices involves putting a lot of proprietary information together to make a working unit suitable for mass marketing. This inevitably means that breach of contract and intellectual property disputes will arise during the course of a product's public life. In Louisiana, such disputes often appear in the dockets of the business litigation courts.

Business litigation: Consumer class-action suits to be limited

Bankers and credit card lenders have long been protected from certain kinds of consumer class actions, both in Louisiana and nationwide. Generally, the courts have in the past enforced provisions in the consumer's contract with the lender that call for arbitration to resolve disputes and which prohibit the filing of class action lawsuits against the institution. In recent years, however, many consumers have challenged the right of banks and other institutions to control their remedies in the business litigation arena.