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Articles by Matthew Fender
Seventh Circuit Deepens Circuit Split on Firearm Ban for Individuals Previously Committed to Mental Institutions, Posing Challenges for Dealers and Employers | JD Supra
Federal law permanently bars anyone ever committed to a mental institution from possessing firearms - even if they fully recovered decades ago. Courts are now split on whether that lifetime ban is constitutional. On July 2, 2026, the U.S. Court of Appeals for the Seventh Circuit ruled in United States v. Rose that the ban cannot automatically apply to someone who is no longer dangerous - requiring courts to conduct individualized assessments of current risk.
Virginia Green-Lights Retail Cannabis: Coverage Implications for the Cannabis Industry | JD Supra
On June 29, 2026, Virginia's $207 billion budget bill became law, bringing a retail cannabis framework that authorizes licensed sales beginning July 1, 2027. Businesses entering this market should be prepared for unique insurance challenges, as no Virginia court has yet interpreted how standard commercial policies apply to such businesses. Commercial General Liability (CGL) coverage is among the most likely to come into play.
SCOTUS Firearms Developments Set to Reshape Regulatory Landscape for States, Manufacturers, Private Businesses | JD Supra
Three U.S. Supreme Court developments in firearms law will likely reshape the landscape for years. The Court unanimously held that the Gun Control Act's prohibition on firearm possession by marijuana users, as applied to the defendant, was unconstitutional. In a 6-3 ruling, the Court held that Hawaii's "vampire rule" requiring express permission to carry concealed firearms on private property open to the public was unconstitutional, reinforcing rigorous application of the Bruen framework.
Insurance Industry’s Use of AI: A Fair or Unfair Claim Settlement Practice?
The insurance industry has been swift to adopt artificial intelligence (“AI”). According to consulting firm McKinsey & Company, 76% of insurers surveyed have already begun using generative AI in their day-to-day operations. [1] This adoption spans the different facets of insurers’ work cycles, including claims, underwriting, legal, and risk management.
What Owners and Financers Need to Know About Insurance and Putin’s Aircraft Seizure Law | JD Supra
On March 14, 2022, Russian President Vladimir Putin signed a law allowing the seizure of foreign-owned aircraft in Russia. Many aircraft in Russia are owned by international firms and leased for use in Russia. Such seizures are a likely source of insurance claims by the planes’ owners and financers. Most commercial air carriers do not own the aircraft they operate, preferring instead to lease them for tax and accounting purposes.
High Court’s Upcoming Decision May Have Major Impact on Foreign Arbitrations | JD Supra
On March 22, 2021, the U.S. Supreme Court granted a petition for writ of certiorari in Servotronics, Inc. v. Rolls-Royce PLC, a decision that will likely resolve a circuit split over the power of an arbitrator to issue third-party discovery subpoenas to obtain document discovery in foreign arbitrations.
SPAC Litigation Likely to Surge in 2021 | JD Supra
Despite the challenges posed by COVID-19, 2020 saw an eruption of IPOs by special purpose acquisition companies (SPACs), used to raise nearly $79 billion from investors. The Wall Street Journal reports that the trend is continuing in 2021, already averaging five new SPACs each business day. A surge in related litigation has already begun, and it can be expected to grow and become a feature of SPAC deals throughout 2021.
Court Finds Virginia Law Supports Policyholder’s Potential Recovery for COVID-19 Losses | JD Supra
On Dec. 9, 2020, the U.S. District Court for the Eastern District of Virginia issued a favorable ruling for policyholders related to COVID-19 business interruption claims. The case is Elegant Massage, LLC v. State Farm Mutual Auto. Ins. Co., __ F. Supp. 3d __, 2020 WL 7249624 (E.D. Va. Dec. 9, 2020). In Elegant Massage, the court denied State Farm’s motion to dismiss and allowed the insured’s claim to proceed to discovery.
Insurance Relief for Riot-Impacted Businesses | JD Supra
Well-reported incidents of rioting nationwide have resulted in extensive damage to business premises, inventory and other property. In addition, government-instituted curfews or shutdown orders have interrupted businesses, causing commercial enterprises to lose income. Many managers assume their insurance policies exclude riot-caused damage. Typically, this is not the case.
Policyholders Must Give Timely Notice to Preserve COVID-19 Business Interruption Claims | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Business Interruption and Contingent Business Interruption Coverage for COVID-19 | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Managing Coronavirus Risk Through Insurance | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Amendments to Rule 23 Are Now Live | JD Supra
JD Supra Privacy Policy Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
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