Today’s Oral Arguments at the New York Court of Appeals

The New York Court of Appeals will hear the following civil appeals today:

Certain Underwriters at Lloyd’s, London v. Foster Wheeler Corp.

This appeal addresses a conflicts-of-law question.  An action was brought to apportion responsibility, among insured equipment manufacturer and its insurers, for defense and indemnification costs of large number of asbestos-related personal injury actions brought against insured.  The question is: Does New York rather than New Jersey law apply to the non-settling excess insurers to determine their liability.

City of New York v. Welsbach Elec. Corp.

This appeal concerns issues surrounding the doctrine of res judicata within the context of a personal-injury action (see prior post for more details).

Matter of the Estate of Burton Wallens, deceased

This is an extremely interesting appeal regarding an interpretation of a will.  The question concerns whether a father, who is co-trustee of a trust pursuant to will, can use the trust proceeds to pay for the daughter beneficiary’s education (as set forth in the trust) where the father also has an obligation to pay for the daughter beneficiary’s education under a divorce decree. 

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