Wiley Rein Wins Victory In Delaware Supreme Court; Professional Liability Blog Launched; Wind Tower Trade Case Decided

Thursday, June 26, 2014 - 15:06

The Delaware Supreme Court ruled in May that a lawsuit filed by the Washington Mutual, Inc. Liquidating Trust against several insurers must be dismissed because there is no ripe controversy between the parties and the trust effectively was seeking an advisory opinion regarding coverage for a potential future lawsuit.  Wiley Rein Insurance Practice partner Charles C. Lemley and associate John E. Howell represented two of the lead defendants in the lawsuit and argued the case on behalf of all the insurers.  The court held that the lawsuit was “not ripe because it has not yet assumed a concrete or final form,” and therefore “any judicial resolution at this stage would necessarily be based on speculation and hypothetical facts, and ultimately could prove unnecessary.”


Wiley Rein’s prominent Insurance Group launched its Executive Summary Blog, which highlights the latest news and insights from the firm’s nationally recognized professional liability attorneys. The Blog provides current updates on legal developments affecting professional liability insurers from courts nationwide.  Posts address a wide array of coverage issues that arise under all professional liability lines of coverage, including directors and officers liability, financial institutions, lawyers professional liability, fiduciary liability, and more. With one of the preeminent practices in the field of professional liability insurance, Wiley Rein is ideally suited to provide timely analysis to blog readers. The firm is a recognized trailblazer in the insurance bar, playing a leadership role in matters involving hundreds of millions of dollars in exposure for insurers and the industry and handling significant precedential issues in the courts.


In June, Judge Mark A. Barnett of the U.S. Court of International Trade upheld a federal agency’s determination that the U.S. utility scale wind tower industry is threatened with material injury by reason of unfairly traded imports from China and Vietnam. The ruling out of New York ensures that the antidumping and countervailing duties imposed on these imports in 2013 will remain in place.The Wind Tower Trade Coalition, an alliance of U.S. producers of utility scale wind towers, filed petitions with the U.S. International Trade Commission (ITC) and U.S. Department of Commerce on December 29, 2011, alleging that certain Chinese and Vietnamese wind towers were being sold in the United States at unfairly traded prices, and that these sales were injuring the U.S. wind tower industry. Judge Barnett found that plaintiffs had failed to show that the ITC’s decision was not an affirmative threat finding as a matter of law, or to show that the agency lacked substantial record evidence to support its determination.  The ruling ensures that these imports will remain subject to trade duties until at least 2018.