New York Marine & General Insurance v. Lafarge North America, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• declining to decide the viability of the \like or reasonably related to’’ doctrine after Morgan
• observing that the supreme court previously has eschewed discussion of whether a “transfer complied with the provisions of ... the Uniform Commercial Code\ — citing Brightbill v. Boeshore
• holding that the first-filed rule applies to cases in different jurisdictions and “states that, in determining the proper venue, where there are two competing lawsuits, the first suit should have priority”
• concluding that in light of exceptional circumstances, it was reasonable for the insured to act quickly to minimize damages, even if its actions were not in strict compliance with those recommended by the insurer
• affirming that district courts in the Circuit “have consistently applied the clear and convincing evidence standard” to a motion for transfer pursuant to Section 1404(a)
• acknowledging that “a determination that a contract is ambiguous ordinarily requires denial of summary judgment”

Source: CourtListener parenthetical corpus (CC0).