• March 2, 2015

    Ohio Sues BP For $33M In Gas Tank Leak Cleanup Costs

    Ohio’s attorney general and a state board that pays to clean up underground gas tank leaks filed suit against BP on Monday alleging the oil company double-dipped by filing claims to both the board and its insurance companies to cover more than $33 million in cleanup costs.

  • March 2, 2015

    NY School District Can't Revive Insurance Suit At 2nd Circ.

    The Second Circuit on Monday refused to revive a New York school district's suit against Colonial Surety Co. over the insurer's alleged failure to ensure that electrical work at a middle school would be completed after the contractor on the project filed for bankruptcy, finding the district's claims are time-barred.

  • March 2, 2015

    Unapproved Deal Dooms OneWest's Suit, Insurer Tells Judge

    Houston Casualty Co. on Monday urged a California federal judge to toss OneWest Bank FSB's suit alleging the insurer wrongfully refused to cover the bank's costs in a mortgage-backed securities suit, saying OneWest failed to obtain its required written approval prior to reaching a settlement.

  • March 2, 2015

    High Court Denies Same-Day Release Of ACA Arguments

    C-SPAN on Monday announced that the U.S. Supreme Court has denied its request for a same-day release of its audio recording of Wednesday’s much anticipated oral arguments in King v. Burwell, which will decide the future of Affordable Care Act tax credits.

  • March 2, 2015

    Insurer Wins Atty Fees In DBSI Investor's Bad Faith Suit

    A Montana federal judge ruled Friday that New York Marine and General Insurance Co. didn't act in bad faith in its handling of an investor's claim against an accounting firm over losses tied to a DBSI Inc. real estate investment vehicle, while awarding the insurer attorneys' fees over a bid to disqualify its counsel.

  • March 2, 2015

    Attys Predict Supreme Court Will Uphold ACA's Tax Credits

    Most of the attorneys who responded to Law360's offer to predict the U.S. Supreme Court's ruling in King v. Burwell believe that the high court will side with the Obama administration and rule that tax credits should apply to Affordable Care Act subscribers in all states, even those that had insurance exchanges established by the federal government.

  • March 2, 2015

    Ballard Spahr Snags Ex-Las Vegas DA As New Partner

    Ballard Spahr LLP has lured a former Las Vegas chief deputy district attorney who's well-known for his high-profile work in white collar criminal defense, product liability, insurance and health law to become a new partner in its Phoenix office.

  • March 2, 2015

    Judge Axes Nebraska's Same-Sex Marriage Ban

    A Nebraska federal judge on Monday ordered state officials to recognize same-sex marriages and joined a chorus of observers in predicting that the U.S. Supreme Court will soon extend such rights nationwide.

  • March 2, 2015

    Travelers Owes Great American For Asbestos Suits, Suit Says

    Great American Insurance Co. launched two lawsuits in New York state court targeting Travelers Casualty and Surety Co. and two companies named in hundreds of asbestos-related personal injury suits, accusing them of not paying their fair share of the litigation.

  • March 2, 2015

    IRS Says $38M Tax Spat Not For Judicial Review

    The federal government on Friday urged a D.C. federal judge to ax a $38.2 million tax refund suit filed by Swiss insurer Starr International Co. Inc., saying that the company's eligibility fight for reduced tax withholding under a U.S.-Swiss treaty doesn't belong in the courts.

  • March 2, 2015

    Billion-Dollar Issues Loom Over Fla. Legislature Session

    The Florida Legislature heads into its 2015 session Tuesday eyeing another projected budget surplus, but several billion-dollar questions on health care, the environment and gambling could crowd the legislative agenda and curtail the governor's proposed hundreds of millions in tax cuts. Here, Law360 looks at items on the lawmakers' radar this session.

  • March 2, 2015

    Healthfirst Skirts NJ Hospital's $30M Medicaid Claims

    A federal judge on Friday dismissed a New Jersey hospital's suit against health care provider Healthfirst Inc. seeking $29.5 million in unpaid Medicaid claims, saying the hospital didn't exhaust available administrative remedies before suing and made common law allegations that are preempted by federal standards.

  • March 2, 2015

    Ala. Court Says Lesbian's Ex-Partner Has Custody Rights

    An Alabama appellate court ruled Friday that a never-married, same-sex former couple could share custody of three children by granting second-parent status to the estranged partner of the children's biological mother, who objected to her former partner’s parental rights.

  • March 2, 2015

    GOP Says Obama Can't Duck ACA Suit And 'Neuter Congress'

    House Republicans are pressing a D.C. federal judge to reach the merits of their lawsuit challenging implementation of the Affordable Care Act, accusing the Obama administration of trying to “neuter Congress” by raising procedural objections to the complaint.

  • March 2, 2015

    5 Wild Cards At High Court's ACA Arguments

    The U.S. Supreme Court on Wednesday hears oral arguments on the future of Affordable Care Act tax credits, and experts say that justices may tip their hands by focusing on states' rights, worrying about consumers or fixating on a few words in the law. Here are five things to watch in King v. Burwell.

  • March 2, 2015

    ACA Cadillac Tax Could Hit Less Expensive Plans

    The federal government's recent call for comments on the Affordable Care Act's so-called Cadillac tax on high-cost insurance plans signals the start of what attorneys say will be a long and complex regulatory process likely dominated by concerns that the scheme's cost-of-living adjustment could subject less expensive plans to the tax.

  • March 2, 2015

    SEC Wants Ex-Ameriprise Advisers Dinged Over Insider Claims

    The U.S. Securities and Exchange Commission asked a Pennsylvania federal judge Friday to punish a former Ameriprise Financial Services Inc. adviser — who has already been convicted for insider trading — along with a colleague for using confidential information to buy stock in an insurance company.

  • March 2, 2015

    High Court Won't Hear Wellpoint Premium-Hike Class Action

    The U.S. Supreme Court on Monday declined to hear a proposed class action accusing Wellpoint Inc. of orchestrating an illegal plot to shave unhealthy policyholders from its rolls and force them to reapply for coverage with higher premiums after its 2001 merger with Rightchoice Managed Care Inc.

  • February 27, 2015

    Crown Says Travelers, Ace Should Pay Dump Cleanup Costs

    Crown Cork & Seal Co. Inc. filed a suit in Pennsylvania state court on Tuesday aiming to hold Travelers Casualty & Insurance Co. and Ace American Insurance Co. liable for covering hazardous waste cleanup costs the company faces in Baltimore as part of a U.S. Environmental Protection Agency investigation.

  • February 27, 2015

    Art Investors Urge High Court To Revisit $22M Insurance Beef

    A group of art investors has again urged the U.S. Supreme Court to force a New York federal court to clarify or enforce its order dismissing a $21.6 million coverage fight with an AXA SA subsidiary, saying recent events involving Alabama’s same-sex marriage laws underpin the importance of the underlying issue.

Expert Analysis

  • Texas Claims Are Getting Nasti: The Insured’s Burdens

    Andrew A. Howell

    Nasti v. State Farm Lloyds confirms the insured’s ultimate burden in Texas hail claims to allocate damages between covered and excluded perils and show that its insurer acted in bad faith, says Andrew Howell of Zelle Hofmann Voelbel & Mason LLP.

  • 3 Questions For Hotel Cos. Buying Data Breach Coverage

    Matthew L. Jacobs

    Obtaining cybersecurity insurance is an important next step as the hospitality industry continues to incorporate information privacy and security into its “guest services.” Before applying for such insurance, a company should, among other things, evaluate its current systems and weigh the value of investing in additional technology, if necessary, say Matthew Jacobs and Jan Larson of Jenner & Block LLP.

  • Lawsky Speech Portends Strict NY Cybersecurity Standards

    Alexander H. Southwell

    In a Feb. 25 speech, Superintendent Benjamin Lawsky of the New York Department of Financial Services advanced his view that states can play a “catalytic” role in raising cybersecurity practices, and he appears to be seeking regulation that could require third-party vendors in sectors far from the regulatory purview of the DFS — including law firms — to effectively comply with stringent cybersecurity requirements, say attorneys with... (continued)

  • Is PTI Income 'Exempt From Tax'? The Debate Continues

    Jeffrey L. Rubinger

    It is not clear whether a distribution of previously taxed income constitutes tax-exempt income under Section 705 that gives rise to a basis increase. What is clear is the potential planning opportunity that arises should Principal Life Insurance Co. be successful in asserting its statutory interpretation in a pending case, say Jeffrey Rubinger and Nadia Kruler of Bilzin Sumberg Baena Price & Axelrod LLP.

  • Unmasking Justice Roberts' Umpire Metaphor In ACA Fight

    Robert B. Hoffman

    What is so concerning about King v. Burwell is that an issue of statutory construction regarding the Affordable Care Act has become so politically driven — the fact that, in all likelihood, the split will hew closely to the U.S. Supreme Court’s liberal and conservative blocs on how to interpret a statute is a troubling sign of the times, says Robert Hoffman of Eckert Seamans Cherin & Mellott LLC.

  • 2 Years Of Clapper: Takeaways From 12 Data Breach Cases

    Andrew Hoffman

    Feb. 26 marks the two-year anniversary of the U.S. Supreme Court’s decision in Clapper v. Amnesty International USA. Federal district courts in at least 12 data breach cases have applied Clapper, and while the majority have concluded that Clapper mandates dismissal for a lack of standing, some courts have found that standing exists, says Andrew Hoffman of InfoLawGroup LLP.

  • Additional-Insured Concerns Surface In Deepwater Horizon

    Micah E. Skidmore

    The Texas Supreme Court's recent ruling in the matter of Deepwater Horizon will inevitably prompt more questions regarding the importance of “certificates of insurance” as well as how explicit a reference within an insurance policy must be or what nexus that reference must have with a coverage limitation before additional-insured status is circumscribed, says Micah Skidmore of Haynes and Boone LLP.

  • NY Courts Are Both Affirming And Limiting Bellefonte

    Robert A. Kole

    Despite several challenges over the years, federal and state courts in New York have consistently reaffirmed the core holding in Bellefonte Reinsurance v. Aetna Casualty & Surety Co. However, the Second Circuit's recent ruling in Utica Mutual Insurance v. Munich Reinsurance America held that Bellefonte's presumption of cost-inclusiveness can be rebutted, say Robert Kole and Kevin Finnerty of Choate Hall & Stewart LLP.

  • This Week In Congress: Avoiding A DHS Funding Showdown

    Richard A. Hertling

    One major change in the debate over U.S. Department of Homeland Security funding — which expires this Friday — is that a Texas federal district judge has issued an injunction against the Obama administration’s immigration policy, essentially putting it on hold. This may be an opportunity for the Senate to avoid the policy riders and pass a clean funding bill, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • In-House Counsel's Dirty 'Little' Secret: Data Leakage

    Jennifer Topper

    Not every data breach is a massive headline-grabbing theft of consumer credit card information. As significant as these events may seem, the more dangerous and prevalent threats are the least visible — occurring through "data leakage." Put simply, this is raw meat awaiting a strike by the plaintiff’s bar, says legal industry adviser Jennifer Topper.