News & Publications

Appeals Court Weighs In On Ability Of Insurers To Attack Covenant Judgment Settlements

In Brianna Garza and Mario Garza v. Matthew Perry and American Family Insurance Company, No. 83377-4-I, the Washington Court of Appeals determined that an insurance company could not intervene in an action intending to nullify a settlement agreement involving a covenant judgment. The court denied the insurer's attempt to nullify the covenant judgment settlement because it was not a party to the agreement, and upheld the lower court's approval of the agreement through a reasonableness hearing. [...]

U.S. Supreme Court Rules Against The IRS On Critical Fbar Issue

The U.S. Supreme Court recently weighed in on an issue regarding a provision of the Bank Secrecy Act (BSA) that has split two federal courts of appeal. Its 5-4 ruling is welcome news for U.S. residents who "non-willfully" violate the law's requirements for the reporting of certain foreign bank and financial accounts on what is generally known as an FBAR. The U.S. Supreme Court recently weighed in on an issue regarding a provision of the [...]

Louisiana Strikes A Blow Against Judicial Review Of Arbitral Error

The case involved an arbitration between a subcontractor and the general contractor on a project to construct a building at a petroleum refinery. The subcontractor brought a claim to recover for amounts it contended it was due under its subcontract. The general contractor asserted a counterclaim seeking to recover for, among other things, the excess cost of completing the subcontract because of the subcontractor's alleged abandonment of the project prior to completion. After a nine-day [...]