• August 30, 2016

    Actavis Wants Conspiracy Claim Nixed In Testosterone MDL

    Actavis on Monday asked an Illinois federal judge to reconsider letting Racketeer Influenced and Corrupt Organizations Act conspiracy charges stand in an insurer’s multidistrict litigation over fraudulent marketing for testosterone replacement drugs, arguing that the fact that Actavis entered into a promotion contract with co-defendant AbbVie Inc. doesn’t prove it knew AbbVie was allegedly engaged in illegal activity.

  • August 30, 2016

    Ex-AXA Broker Launches Broad Appeal Over $1.6M Trial Loss

    Broker Steven S. Novick filed a wide-ranging appeal Tuesday in his failed attempt to take up to $20 million in contractual damages from two AXA units at trial in a case that has left the Connecticut money man on the hook for $1.6 million �— money he borrowed from the financial giant and did not repay — as well as potentially $263,000 in legal fees.

  • August 30, 2016

    Blue Cross Says Damages Are No-Go In Antitrust MDL

    Blue Cross Blue Shield subscribers in Alabama accusing the insurer of anti-competitive behavior cannot recover the damages they seek because decades-old U.S. Supreme Court precedent bars all damages claims related to a rate that has been filed with the government, the insurer said in the multidistrict litigation Monday.

  • August 30, 2016

    Insurers Say Auto Price-Fix Row Not In 11th Circ. Purview

    State Farm and other insurers facing allegations from Mississippi auto body shops that they manipulated car repair costs told the Eleventh Circuit Monday that it lacks jurisdiction to review the dismissal of the shops’ federal claims because they did not designate the correct order in their appeal.

  • August 30, 2016

    Travelers, Trelleborg End Auto Facility Cleanup Suit

    Trelleborg Automotive USA Inc. on Monday agreed to end its lawsuit against Travelers Casualty and Surety Co. of America in Michigan federal court seeking coverage for environmental remediation costs at an automotive manufacturing facility, after the companies “amicably resolved their differences.”

  • August 29, 2016

    Insurer Fights Delay In Stevens & Lee Coverage Suit

    A legal malpractice insurer suing Stevens & Lee PC for allegedly failing to disclose a significant lawsuit risk asked a Pennsylvania federal judge Friday to reject the law firm's request to pause the suit, saying the dispute has little overlap with a case the practice says is related.

  • August 29, 2016

    Fish Co. Tells 9th Circ. Oil & Water Mix In Coverage Row

    A major U.S. seafood supplier urged the Ninth Circuit on Monday to revive the company's claim that Ace American Insurance must cover a $5 million settlement for contaminated fish oil, arguing a lower court misapplied a policy exclusion.

  • August 29, 2016

    Mudslide Damage Not A Covered 'Explosion,' 10th Circ. Says

    The Tenth Circuit refused Monday to revive a commercial property owner's bid for more than $1 million in coverage from Colorado Casualty Insurance Co. for a building's destruction during a mudslide, agreeing with a lower court that the structure did not "explode" under the policy's terms.

  • August 29, 2016

    Tony Stewart To Appeal Wrongful Death Coverage Loss

    Former NASCAR champion Tony Stewart is appealing to the Second Circuit a judge’s decision last month that Axis Insurance Co. owes no coverage toward an underlying wrongful death suit filed by the parents of a race car driver who was struck and killed by Stewart during a 2014 race.

  • August 29, 2016

    Waste Mgmt., Travelers Want EPA Coverage Suit Reinstated

    A Waste Management Inc. subsidiary on Monday asked a Texas federal judge to reinstate its coverage dispute with Travelers Indemnity Co. over pollution of a Texas river, saying the companies were unable to reach an agreement about final settlement documentation.

  • August 29, 2016

    Chuck E. Cheese's Says Insurer Must Cover Shareholder Suit

    CEC Entertainment Inc., owner of the Chuck E. Cheese’s pizza chain, filed suit against Travelers in Texas federal court Monday alleging that the insurer owes it at least $4.9 million plus interest for failing to cover a shareholder suit stemming from the company’s merger with an Apollo Global Management LLC affiliate.

  • August 29, 2016

    Insurers Tell 7th Circ. To Shut Door On Window Coverage

    A pair of insurers urged the Seventh Circuit on Friday to affirm they owed no coverage on a window installer’s settlement of claims that the company's shoddy workmanship caused extensive water damage to several Chicago condos, saying there were multiple reasons why the policy was not triggered.

  • August 29, 2016

    Blue Shield Says Providing Plan Info Doesn't Violate TCPA

    Blue Shield of California told a federal judge on Friday that a Telephone Consumer Protection Act proposed class action based on a recorded phone call was groundless because law and regulation allow health plan providers to communicate plan information to their members.

  • August 29, 2016

    McCathern Insurer Says It's Not On Hook For $6M Claim

    Allied World Specialty Insurance Co. on Friday asked a Texas federal court to put an end to a “long-simmering dispute” with law firm McCathern PLLC over coverage for a $6.25 million malpractice claim the insurer says it doesn’t have to defend or indemnify.

  • August 29, 2016

    Atty's Insurer Only Liable For $500K In Malpractice Suit

    Westport Insurance Corp., the professional liability insurer for a Pennsylvania attorney who lost a $525,000 malpractice suit after a former client blamed the lawyer for his being ousted from his company, has won a federal court judgment stipulating that its coverage in the underlying case is maxed out at $500,000.

  • August 29, 2016

    2nd Circ. Won't Send Insurance Spat To Conn. Justices

    The Second Circuit on Monday affirmed that First Mercury Insurance Co. must cover four negligence lawsuits stemming from a deadly 2010 construction accident at Yale University, opting not to seek the Connecticut Supreme Court's review on "additional insured" endorsements at issue in the case.

  • August 29, 2016

    Brazilian Agency's Help In Lilly Coverage Row OK, Arch Says

    Arch Specialty Insurance on Friday continued its quest for guidance from a Brazilian insurance regulator on the legality of coverage for Eli Lilly’s Brazilian entity in lawsuits stemming from contamination at a former plant near Sao Paulo, telling an Indiana judge it would not spark an international incident as suggested.

  • August 26, 2016

    Ex-Dallas Stars Pro Sues NHL For Denied Disability Benefits

    Former Dallas Stars hockey player Aaron Rome has sued the National Hockey League and his insurance provider alleging they intentionally mishandled his disability claim and wrongfully denied him benefits after he sustained a career-ending injury, according to a suit that was removed to Texas federal court Friday.

  • August 26, 2016

    Lexington Pushes For Win In Pitt Construction Coverage Row

    Lexington Insurance Co. on Friday asked a New York federal judge to rule that it doesn't have to cover claims tied to delays on a $40 million project on the University of Pittsburgh campus, asserting that its policyholder, the architect in charge, failed to provide timely notice of a potential claim.

  • August 26, 2016

    AXA Investor Fees Didn't Breach Fiduciary Duty, Judge Says

    AXA Equitable Life Insurance Co. beat two consolidated class actions challenging its allegedly excessive mutual fund management fees Friday when a New Jersey federal judge found the investors’ effort to prove the board members exercised poor oversight over the fees was marred by questionable testimony.

Expert Analysis

  • Where's The E-Sign? A Primer On Electronic Signature Laws

    Brian T. Casey

    Understanding the history and intricacies behind electronic signature laws can be difficult due to overlap between the Electronic Signatures in Global and National Commerce Act and the Uniform Electronic Transaction Act. Brian Casey of Locke Lord LLP explains the differences between the laws and answers some of the questions they have raised.

  • Health Republic’s Curious Liquidation: Part 4

    James Veach

    Health Republic's liquidation is being handled by not just the New York Liquidation Bureau, but also a financial advisory firm, a third-party administrator, Health Republic's counsel, and outside counsel. James Veach of Mound Cotton Wollan & Greengrass LLP compares Health Republic's situation to other liquidation processes and continues to recommend that Health Republic establish policyholder committees.

  • REBUTTAL: Establishing Standards And Norms In Mediation

    William A. Ruskin

    A recent Law360 guest article asks whether by signing a mediation confidentiality agreement, a lawyer surrenders the power to protect his client against inappropriate mediation conduct. The short response to this concern is that parties to a mediation should refuse to execute such an agreement that removes all future recourse against the mediator, no matter how egregious the mediator’s actions, says William Ruskin of Gordon Rees Sc... (continued)

  • Funding Litigation And Treatment: Leveling The Playing Field?

    Kari L. Sutherland

    In an environment where many believe access to the courts can be at least somewhat dependent on a person’s financial viability, does outside financing of litigation level the playing field between the Davids and Goliaths? Or is it the resurrection of a practice that even the Athenians deemed impolitic? asks Kari Sutherland of Butler Snow LLP.

  • Health Republic’s Curious Liquidation: Part 3

    James Veach

    The New York Supreme Court recently decided that outside counsel and third-party administrators should post contracts and administrative costs online in order to help policyholders understand how Health Republic's assets are being spent. Creditors' committees are necessary for helping policyholders keep an eye on the Health Republic estate's expenses, says James Veach at Mound Cotton Wollan & Greengrass LLP.

  • State Of Texas Legal Market: Litigation Trends

    Michael K. Hurst

    Litigation in the Texas energy sector has increased substantially as a result of the drop in oil prices. The trends reflect a market reality where all participants, including contractors, insurers, lenders, partners and employees, are forced to embrace “lower for longer” pricing, say Michael Hurst and Jonathan Childers of Lynn Pinker Cox Hurst LLP.

  • Defining Attorney-Client Relationships In The Electronic Age

    Elizabeth Fitch

    As technology has advanced, the ways in which attorneys communicate with clients, potential clients, former clients and the public has created new and ill-defined issues relating to whether an attorney-client relationship exists. Attorneys Elizabeth Fitch and Theodore Schaer discuss the often nebulous yet hazardous concepts that could lead to malpractice issues.

  • State Of Texas Legal Market: It Isn’t Just About Oil

    Geoff Schuler

    Some market watchers believe that law firms with significant energy-related practices have experienced precipitous declines in revenue and profits due to the dip in oil prices. Yet, firms continue to be bullish on Texas, and those still looking for a point of entry will jump at the right opportunity, say consultants with LawVision Group LLC.

  • Litigation Privilege And Good Faith Under California Law

    Joan M. Cotkin

    Understanding the intersection between litigation privilege and the obligation of good faith and fair dealing can be tricky. In California, there is substantial case and statutory law immunizing bad faith communications, but a small sliver of bad faith conduct may still be actionable, according to Joan Cotkin and Steven Knott of Nossaman LLP.

  • 4 Reasons Law Firm Business Development Initiatives Fail

    Adam Donovan

    By understanding four common reasons why law firm business development initiatives fail, we can more accurately define success, avoid pitfalls, and improve return on investment, says Adam Donovan, senior manager of patent business strategy at Fish & Richardson PC.