• December 9, 2016

    Express Scripts Says Stockholder Suit Lacks Fraud Proof

    Express Scripts Inc. has urged a New York federal court to toss a putative class action alleging it misrepresented its relationship with Anthem Inc., which investors claim caused shares to fall when Anthem accused Express of stonewalling a drug-pricing deal, arguing its optimism about negotiations doesn’t equal securities fraud.

  • December 9, 2016

    ALPS Served A Stranger In Bruce Lee Movie Suit, Co. Says

    A Beijing-based film production company suing an entertainment lawyer over a soured deal for the rights to a Bruce Lee biopic fought back in Virginia federal court on Friday against a bid for default judgment by the lawyer’s insurer, saying BigLaw’s ALPS served the wrong person.

  • December 9, 2016

    Window Maker Not Covered In Defect Suit, 7th Circ. Told

    A pair of insurers on Thursday urged the Seventh Circuit to affirm a district court's decision that they don't have to cover window maker Kolbe & Kolbe's costs to defend against a homeowner class action over defective windows, asserting that the lower court had properly applied a recent Wisconsin Supreme Court precedent.

  • December 9, 2016

    Aetna-Humana Divestiture Plan Falls Short, DOJ Expert Says

    A health care expert hired by the U.S. Department of Justice criticized Aetna Inc.’s plan to sell off part of its private Medicare business to remedy anticompetitive concerns about its planned $37 billion merger with Humana Inc., testifying in D.C. federal court Friday that the company buying the assets lacks the experience and resources to be a viable competitor.

  • December 9, 2016

    Ore. Justices Uphold Contractor's Defect Suit Coverage Win

    The Oregon Supreme Court on Thursday affirmed that general contractor West Hills Development Co. is entitled to defense coverage under a subcontractor's insurance policy for a lawsuit over defects at a townhome development, holding that the underlying claims could be reasonably interpreted as falling within the policy's scope.

  • December 9, 2016

    Insurer Off Hook For Now In $5.2M Surgery Malpractice Suit

    An Illinois federal judge on Friday tossed claims trying to hold insurer American Physicians Assurance Corporation liable for a surgical center’s $5.2 million medical malpractice suit, saying the center hasn’t pled specific facts to make its case.

  • December 9, 2016

    Alstom Says Brazilian Insurer Is Defying Court, Arbitrators

    Energy giant Alstom on Friday asked a New York judge to order a Brazilian insurer to immediately withdraw its Brazilian lawsuit seeking $24 million in claims, which Alstom says is in defiance of an arbitration award, or face daily monetary sanctions.

  • December 9, 2016

    Axis Gets Win In University Construction Coverage Suit

    A New York federal judge ruled Thursday that Axis Insurance Co. need not cover an architecture firm for problems and delays that plagued a $40 million University of Pittsburgh construction project, ending a saga in which Axis had been the last potential coverage provider standing.

  • December 9, 2016

    AIG Yanks 'Forum Shopping' Tax Shelter Suit Into Fed. Court

    AIG International Inc. blasted a pair of customers Thursday for continuing to pursue state court claims alleging they were induced into an illegal tax shelter and millions in liability, with the insurance company removing their lawsuit to Illinois federal court and decrying "forum shopping."

  • December 9, 2016

    Tribe Blasts Blue Cross Hidden Email Claim In ERISA Suit

    The Little River Band of Ottawa Indians told a Michigan federal court Thursday that it has already produced all the relevant emails requested by Blue Cross Blue Shield of Michigan in the tribe's suit alleging the insurer disregarded the Employee Retirement Income Security Act while administering an employee health benefit plan.

  • December 9, 2016

    Real Estate Rumors: Thor Equities, JBL, Ares Management

    Thor Equities is said to have bought a California medical office building leased to Kaiser Permanente for $67 million, JBL Asset Manager has reportedly bought a Florida site that includes retail and a car rental site for $23 million, and Ares Management is said to have sold a New York rental portfolio for $133 million.

  • December 9, 2016

    5 Tips To Maximize Your Medical Malpractice Insurance

    Medical malpractice claims can impose a massive burden on hospitals and solo medical practitioners, with potential exposure for defense costs and judgments often rising into the millions of dollars. In some cases, having a strong malpractice insurance policy may be the difference between ongoing viability and financial ruin. Here, Law360 explores steps health care providers should take to secure the most effective coverage.

  • December 8, 2016

    Anthem Loses Bid To Call Back Expert In $54B Merger Trial

    A D.C. federal judge on Thursday rejected Anthem Inc.’s bid to recall its key expert witness in an ongoing antitrust trial over its $54 billion proposed merger with Cigna Corp., finding the economist had plenty of time to address arguments from his counterpart retained by the U.S. Department of Justice.

  • December 8, 2016

    Greenberg Traurig Reaches Deal In $540M Knock-Off Suit

    A Florida federal judge released Greenberg Traurig LLP and several other parties Thursday from a $540 million suit after they settled claims they conspired to knock off an insurer's product, allegations one defense counsel said his clients' small settlement proved were baseless.

  • December 8, 2016

    Patriot Nat'l Investors Seek TRO On $107M In Stock Deals

    Shareholders of insurance industry service provider Patriot National Inc. asked Delaware's Chancery Court on Wednesday to issue a temporary restraining order against a dividend and stock repurchase program supported by a CEO accused of managing company finances for his own entrenchment.

  • December 8, 2016

    Tech Data Sues Insurers For Coverage Of SEC Investigation

    Technology distributor Tech Data Corp. hit two insurance companies with a lawsuit in Illinois federal court Thursday, accusing the pair of failing to reimburse the company for millions of dollars spent responding to a U.S. Securities and Exchange Commission investigation.

  • December 8, 2016

    Farmers Beats 2nd Appeal Of Cert. Denial Over Premiums

    A California appeals court issued a second rejection Wednesday to Farmers New World Life Insurance Co. customers seeking class certification in litigation alleging the company unlawfully charged inadequate premiums and underfunded policies, saying plaintiffs did little more than reargue their previous certification bid.

  • December 8, 2016

    Anthem CEO Escapes Deposition In Data Breach Row

    A California federal judge on Thursday refused to allow consumers suing Anthem over its massive 2015 data breach to grill the insurer’s chief executive officer about his response to a prebreach warning that its systems were vulnerable to cyberattacks, ruling that the “last-second” request sought information that other sources have already provided.

  • December 8, 2016

    Insurance Spat In Atty’s ‘Tragic’ Affair Nixed By 1st Circ.

    The First Circuit on Wednesday ruled that a divorce attorney’s homeowner’s insurance company didn’t have to pay $500,000 to settle allegations that he’d had a romantic relationship with his client, who later committed suicide.

  • December 8, 2016

    Deals Rumor Mill: Aon, Spotify, AirAsia

    Insurance broker Aon hopes to net more than $5 billion in a sale of Hewitt Associates, Spotify has abandoned efforts to acquire SoundCloud because of concerns over how a deal could complicate its planned initial public offering, and AirAsia has received plenty of interest for its roughly $1 billion aircraft leasing business.

Expert Analysis

  • The Horrible Conflict Between Biology And Women Attorneys

    Anusia Gillespie

    Women leave law firms for many of the same reasons men do, but also face challenges including headwinds with respect to assignment delegation and social outings, as well as potential disruptions if they choose to have children. Firms can increase investment in talent management and improve retention and engagement of women attorneys, says Anusia Gillespie of Banava Consulting.

  • The 2 Very Different Types Of Cosmetic Talc Claims

    Stephen Hoke

    Despite the high-profile nature of cosmetic talc litigation, there is confusion about the nature of the underlying cases. Cosmetic talc litigation is currently settling into two distinct paths of cosmetic talc causing ovarian cancer and cosmetic talc causing mesothelioma, says Stephen Hoke of Hoke LLC.

  • Lawyer EQ: Finding Success In Every Interaction

    Judith Gordon

    American legal education relies almost exclusively on analytical thinking. But success in legal practice depends in large part upon an accurate emotional understanding of oneself and the human seated opposite us. Honing emotional intelligence skills can lead to greater success, and Judith Gordon of LeaderEsQ offers a few tools that can be implemented immediately to raise one’s emotional intelligence quotient.

  • FCA Seal Opinion Lacks Needed Guidance

    Lawrence S. Ebner

    The U.S. Supreme Court's unanimous decision in State Farm Fire and Casualty v. Rigsby is disappointingly narrow, leaving intact a circuit split regarding how a district court should decide whether to dismiss a qui tam suit for a seal violation, says Lawrence Ebner of Capital Appellate Advocacy PLLC.

  • Managing Intergenerational Differences Within Your Law Firm

    Najmeh Mahmoudjafari

    We are privileged to be part of an employment market that hosts employees from various generations. While “differences” may imply inherent conflict, intergenerational differences can actually be used to an advantage for organizations — especially law firms, say Najmeh Mahmoudjafari, founder of ImmigraTrust Law, and William Martucci of Shook Hardy & Bacon LLP.

  • Reliable Analysis Is Key To Addressing Ascertainability

    Stephen Cacciola

    There has been much discussion recently about the circuit court split on the ascertainability requirement in class certification. Given the uncertainty regarding which standard will ultimately prevail, and the heightened scrutiny of ascertainability by some federal courts, it is crucial for both plaintiffs and defendants to address these issues at the class certification stage, say Stephen Cacciola and Stephen Fink of Analysis Group Inc.

  • 'Rep and Warranty' Insurance: Claims Study Analysis

    Mitchell L. Griffith

    Despite the rise of liability insurance in the United States, little information has been provided regarding claims under transaction liability insurance products. Mitchell Griffith of Thompson & Knight LLP and John McNally and Adam Wilhite of JLT Specialty USA discuss claims data and shed some light on the transaction liability insurance market.

  • Philip Hirschkop: Quietly Making Noise For 50 Years

    Randy Maniloff

    The first paragraph of Philip Hirschkop’s obituary is going to contain the word "Loving." That’s undeniable. But many of Hirschkop’s other cases are just as groundbreaking in their own right. They aren’t household names like Loving, but they have affected millions in the nation’s households, says Randy Maniloff of White and Williams LLP.

  • When Punishing FCA Seal Violations, Avoid Taxpayer Harm

    R. Scott Oswald

    Tuesday’s 8-0 U.S. Supreme Court decision in State Farm Fire and Casualty v. Rigsby has placed responsibility for penalizing seal violations under the False Claims Act squarely where it belongs: at the discretion of the district court whose order was broken, says Scott Oswald of The Employment Law Group.

  • A Look Beyond 'Rep And Warranty' Insurance

    Mitchell L. Griffith

    "Rep and warranty" insurance has grown into a mainstream risk allocation tool in just a few short years, but it is only one of several transactional insurance products increasing in popularity. Mitchell Griffith of Thompson & Knight LLP and John McNally and Adam Wilhite of JLT Specialty USA explain fraudulent conveyance and successor liability insurance.