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S.D.N.Y.Procedural orderFiled Jan. 8, 2024

Allied World Assurance Company v. Berkshire Hathaway Direct Insurance Company

Full caption

Allied World Assurance Company (U.S.), Inc. v. Berkshire Hathaway Direct Insurance Company

Judge
Ronnie Abrams
Docket
1:23-cv-03801
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureContract
In one sentence

In Allied World v. Berkshire Hathaway, Judge Abrams discontinued the case without costs, allowing restoration within 60 days.

Who this affects

Allied World Assurance Company (U.S.), Inc. and Berkshire Hathaway Direct Insurance Company; the action was closed, subject to possible restoration within 60 days.

What happened

Allied World Assurance Company (U.S.), Inc. v. Berkshire Hathaway Direct Insurance Company was reported to the court as settled in principle.

The court discontinued the action without costs to either party and without prejudice to restoring it if an application was made within 60 days. The Clerk was directed to close the case.

Judge Ronnie Abrams also stated that any settlement-enforcement request would require the agreement’s terms to be placed on the public record and approved by the court within the same 60-day period.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Allied World Assurance Company v. Berkshire Hathaway Direct Insurance Company · No. 1:23-cv-03801
Judge
Ronnie Abrams
Date
Jan. 8, 2024

Background

The court was informed that Allied World Assurance Company (U.S.), Inc. and Berkshire Hathaway Direct Insurance Company had settled the case in principle. The order does not describe the claims, the settlement terms, or the parties’ underlying legal positions.

Court’s action

The court ordered that the action be discontinued without costs to any party and without prejudice to restoring the action to the court’s docket if an application to restore it was made within 60 days. The court stated that an application filed after that period could be denied solely because it was late. The Clerk of Court was directed to close the case.

Settlement enforcement

The court stated that, if the parties wanted the court to retain jurisdiction to enforce a settlement agreement, the agreement’s terms had to be placed on the public record and approved by the court within the same 60-day period. The order did not decide the merits of the underlying dispute.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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