EMH Obtains Dismissal of NH Case

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CONCORD, NH (August 22, 2011) — EMH achieved a significant victory today in the United States District Court for the District of New Hampshire.  In connection with a liquidation pending in New Hampshire state court, EMH negotiated a settlement agreement, on behalf of its client, with the state liquidator. A non-party to the settlement agreement, asserting a collateral assignment interest in certain insurance policies covered by the agreement, sued EMH's client in federal court for declaratory relief voiding the agreement, an order enjoining performance of the settlement, and for damages for anticipatory breach of the insurance policies and other claims.  Following oral arguments on the motion to dismiss filed by EMH on behalf of its client, the District Court issued an order granting the motion and dismissing the entire case.