• November 25, 2015

    Quest Escapes Antitrust Class Action

    A California federal judge on Wednesday dismissed a proposed class action alleging Quest Diagnostics Inc. monopolized diagnostic services in California by paying kickbacks, colluding with insurers and acquiring competitors, saying that their allegations of monopoly overcharging don’t have factual support.

  • November 25, 2015

    Texas AG, Others Support Obamacare Tax Row In High Court

    Attorneys general for Texas, Florida and eight other states urged the U.S. Supreme Court on Wednesday to consider a petition challenging the tax on individuals opting out of Affordable Care Act insurance, saying the measure wasn’t enacted constitutionally.

  • November 25, 2015

    Land O'Lakes' Whey Suit Not About Negligence, Insurers Say

    Four insurers urged a Wisconsin federal court on Wednesday to grant their summary judgment motions and let them stop defending a whey supplier in a suit by Land O'Lakes over whey allegedly tainted with a urine byproduct, saying the supplier can't twist the underlying complaint to paint the adulteration as a covered accident.

  • November 25, 2015

    Aetna Pushes For Sanctions In Surgery Center Kickback Suit

    Aetna on Wednesday asked a Pennsylvania federal court to sanction Foundation Surgery Affiliates LLC and its attorneys from Buchanan Ingersoll for allegedly lying to the court about its practices when fighting the insurer’s suit accusing the surgical center of running a patient referral kickback scheme.

  • November 25, 2015

    Feds Expect $30M From FCA Deals With Fla. Pharmacies

    Six Florida-based compound pharmacies agreed to settle allegations that they fraudulently billed TRICARE, the U.S. military's health care program, in deals expected to net the federal government $30 million in fines and repayments, the U.S. Department of Justice announced Wednesday.

  • November 25, 2015

    Calif. City Loses Appeal Of Insurance Coverage Dispute

    A California appeals court on Wednesday upheld a lower court's ruling that American Alternative Insurance Corp. owed no duty to defend the city of San Bernardino's water department in a breach of contract suit, saying the policy excluded such actions.

  • November 25, 2015

    The MVPs Of Insurance Law

    The successes of these elite attorneys in high-stakes deals and complex litigation earned them a spot in the Insurance Law category of Law360's 2015 MVP Awards.

  • November 25, 2015

    Insurer Says 2nd Circ. Ruling Undoes UPI Unit's Coverage Win

    Evanston Insurance Co. told a New York federal judge on Tuesday that a recent Second Circuit ruling negates a Universal Photonics Inc. unit’s victory he granted in a dispute over defense costs for an injured employee’s suit, and urged the judge reconsider his decision.

  • November 25, 2015

    The Dangerous Secrets Your Client Is Keeping From You

    Any secret a client keeps from outside counsel can be a liability, but certain types are especially harmful, lurking in the shadows like a grenade with the pin pulled. Here, experts discuss the most menacing secrets clients hide.

  • November 25, 2015

    O'Quinn Says Insurer's Win In Billing Suit Flouts Rulings

    New case law demands a Texas federal court take another look at last year's ruling that Lexington Insurance Co. wasn't responsible for covering the $46.5 million class action settlement of a suit accusing The O'Quinn Law Firm of overbilling clients in suits over defective breast implants, the firm told the court Tuesday.

  • November 24, 2015

    R&Q Fights Transfer Of $8M Asbestos Reinsurance Dispute

    R&Q Reinsurance urged an Illinois federal court Tuesday to deny a Travelers subsidiary's bid to transfer to Pennsylvania a dispute over whether R&Q must pay the insurer more than $8 million on asbestos claim payouts, pointing out that the parties' reinsurance agreement was executed in Chicago.

  • November 24, 2015

    NJ High Court To Consider Insurance Fraud Standard

    The New Jersey Supreme Court on Tuesday agreed to review an appellate court's decision reversing a nearly $4 million judgment for Allstate and two affiliates, in a dispute over whether a business partnership that submitted claims to the insurer was intentionally structured in violation of state insurance fraud law.

  • November 24, 2015

    PHH Blasts CFPB At DC Circ. Over $109M Retroactive Sanction

    PHH Corp. told the D.C. Circuit on Monday that the Consumer Financial Protection Bureau’s defense of a $109 million disgorgement order over an alleged mortgage reinsurance kickback scheme was “long on allegation and short on law,” claiming it wasn’t given fair notice that its conduct was unlawful.

  • November 24, 2015

    EU Unveils Deposit Insurance Plan For Eurozone

    The European Union unveiled a eurozonewide bank deposit insurance plan on Tuesday that would cover savings accounts up to €100,000 ($106,471), a proposal it says will better protect the common currency and its members’ banking systems from another financial crisis.

  • November 24, 2015

    UnitedHealth Plan Reaches Settlement In ERISA Suit

    A UnitedHealth Group insurance plan has reached a settlement with a woman who filed a putative class action claiming improper calculations of benefits for employees who participated in Medicare but were also covered by plans UnitedHealth helped run, court documents showed.

  • November 24, 2015

    Customers Tell 6th Circ. They Have Standing In Breach Suit

    Two Nationwide Mutual Insurance Co. customers whose proposed class action over a 2012 data breach was booted from Kansas federal court last year pushed the Sixth Circuit on Monday to bring it back, saying lax protection policies and the substantial risk of future harm provide standing for their claims.

  • November 24, 2015

    Travelers Says Insurer's Bad Faith Led To $36M Verdict

    Travelers told a Pennsylvania federal court Tuesday that excess insurer American Guarantee and Liability Insurance Co. should have to reimburse its costs to defend Wesco Distribution Inc. in an underlying product liability action, arguing that AGLIC's refusal to settle the case led to a $36 million jury verdict.

  • November 24, 2015

    Travelers On The Hook For Va. Policyholder's Defamation Suit

    A Virginia federal judge told Travelers on Tuesday it must defend a policyholder in a defamation suit, saying the underlying complaint doesn't contain enough information about the man's music management joint venture to trigger an exclusion for business activities.

  • November 24, 2015

    Anthem Says Data Breach MDL Should Be Tossed

    Anthem urged a California federal court to toss multidistrict litigation over a health insurance data breach affecting 80 million people on Monday, saying the consumers suffered no harm from the breach and had shoehorned their proposed class claims into inapplicable state laws.

  • November 24, 2015

    Swiss Re Unit Says Firm Can't Move Asbestos Overcharge Suit

    Swiss Re subsidiary Westport Insurance Corp. said Monday that its suit accusing a law firm of overbilling a policyholder by $3 million belongs in federal court in Los Angeles, rejecting Vasquez Estrada & Conway LLP's argument that the case should be transferred to San Francisco.

Expert Analysis

  • OPINION: In Search Of Our Best Law Firm Selves

    James Maiwurm.jpg

    Several developments over the past few months caught the eye of Jim Maiwurm, chairman emeritus of Squire Patton Boggs. Try as he might, he could not resist the temptation to comment on a few — such as the expansion of the Dentons “polycentric” empire, a confused verein controversy, and provocative suggestions that the law firm partnership model is a dinosaur.

  • A Rare Insurance Defendant Class Action In Ohio


    Defendant class actions are exceedingly rare, and insurers bringing declaratory judgments against numerous known and unknown claimants is even more rare. But in Medical Protective Company v. Center for Advanced Spine Technologies in Ohio federal court, just such a class was recently certified, says Jonathan Reich at Womble Carlyle Sandridge & Rice LLP.

  • New Federal Rules Acknowledge It’s Time To Drop The 'E'

    Gregory Leighton

    The amendments to the Federal Rules of Civil Procedure scheduled to take effect Dec. 1 are designed to usher in a new era in the U.S. litigation system, this time acknowledging that what was once known as “e-discovery” is now just discovery. The amendments are sweeping in scope, but none is more important than the revised Rule 37(e), say Gregory Leighton and Eric Choi of Neal Gerber & Eisenberg LLP.

  • Avoiding Gamesmanship In Appointing Appraisal Umpires

    G. Brian Odom

    A recent decision by the San Antonio Court of Appeals has made it harder for parties looking for a level playing field in the process of seeking a court-appointed umpire for property insurance disputes, says Brian Odom at Zelle Hofmann Voelbel & Mason LLP.

  • Class Counsel Fees Getting 'Intense Judicial Scrutiny'

    Carolyn Cole

    Recognizing that defendants have no duty and little incentive to object to an inflated class counsel fee request, and that class counsel have every incentive to increase their fees, Judge Richard Posner and the Seventh Circuit have filled this void by directing “intense judicial scrutiny” of class counsel fee awards. In doing so, the court identified issues all counsel now should consider when crafting a class action settlement, sa... (continued)

  • Zigzag On Zeig: When Is Exhaustion Really Exhaustion?

    Simone R. Bonnet

    The outcome of a dispute over primary policy exhaustion turns on some combination of policy language and public policy concerns, but the relative weight given to each of these factors seems to vary between states and jurisdictions, or even within a single jurisdiction, based on court interpretations of the influential Zeig v. Massachusetts Bonding & Insurance decision, says Simone Bonnet at Sidley Austin LLP.

  • Is The Risk Of Director Liability Really A 'Myth'?

    Michael W. Peregrine

    The conclusions of a recent scholarly article, “Seven Myths of Boards of Directors,” questioning the realistic financial liability exposure of corporate directors are persuasive and may offer comfort to many board members. But the data on which the authors rely is based on out-of-pocket payments in civil litigation. And the universe of risks confronting directors is increasingly from more diverse sources, says Michael Peregrine of ... (continued)

  • EU Moves To Bring More Private Capital To Infrastructure

    Despina Doxaki

    One of the goals of the “capital markets union” under consideration in the European Union is to improve access to the public markets for infrastructure projects in order to diversify the potential funding sources. A number of measures are also being taken to make it easier for insurance companies to invest in infrastructure projects, says Despina Doxaki of Chadbourne & Parke LLP.

  • New NYC Traffic Laws May Affect Future Civil Litigation

    David Rosenthal

    Given recent changes to New York City traffic law as part of Mayor Bill de Blasio's “Vision Zero” plan to reduce the number of serious motor vehicle accidents, insurance carriers may wish to have defense counsel present for New York State Department of Motor Vehicles fatal accident hearings, say David Rosenthal and Gregory Katz of Lewis Brisbois Bisgaard & Smith LLP.

  • 3 Ways Technology Is Changing Law Office Designs


    A growing number of attorneys and firms are eschewing tradition by embracing technology to change not only the way we work, but also the way we organize our offices, says Anthony Johnson, founder and CEO of American Injury Attorney Group.