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ACI - Positioning the Class Action Defense for Early Success

Event | 09.23.09 - 09.24.09, 12:00 AM UTC - 12:00 AM UTC

In an era where classes are being certified which contain hundreds of thousands of plaintiffs, there is no question that class action litigation presents the highest risk for a company to defend against, in terms of both exposure and litigation expense. Yet, in spite of this, many companies have been slow to realize that an aggressive defense strategy may be the best possible recourse. In order to counter the ongoing attacks by plaintiff attorneys, taking an uncompromising approach early on to defeat the plaintiff’s case on the merits is often the best strategy for defendants and their counsel. Designed to provide you with cutting edge strategies on how to successfully defeat class action litigation early on, American Conference Institute’s Positioning the Class Action Defense for Early Success, will provide you specific, tactical suggestions for achieving early and advantageous disposition of class action litigation.

Lynn Parseghian is speaking on a panel titled "Insights from the Trenches: Determining Early On What Your Client's True Pressure Points are While Outlining a Defensive Strategy That is Both Cost and Reputation Conscious."

For more information, please visit these areas: Mass Tort, Product, and Consumer Litigation

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Event | 02.20.25

Has the Buss Stopped? Recoupment Today

Has the Buss Stopped? Recoupment Today: In 1997, the California Supreme Court decided Buss v. Superior Court. In Buss, the court concluded that a liability insurer that defended a mixed action could seek reimbursement from the insured for the defense costs associated with the claims that were not even potentially covered. Since then, numerous courts have held that insurers are entitled to recoup their defense costs associated with uncovered claims or causes of action. On the other hand, a significant number of courts have rejected insurers’ right to recoupment, at least in the absence of a policy provision granting the insurer that right. Some commentators have even suggested that the current judicial trend might be away from permitting insurers to recoup their defense costs. Is that correct? Has the Buss stopped? This panel of coverage experts will analyze insurers’ claimed right to recoupment today, and offer their perspectives on what the law on recoupment should perhaps be and might be in the future.

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