• July 29, 2014

    Chiquita To Pay Insurance Co. $13M Over War Crimes Claims

    An Ohio state judge has ordered Chiquita Brands International Inc. to pay $13 million to National Union Fire Insurance Co. of Pittsburgh, Pa., as reimbursement of defense costs for thousands of tort claims alleging it paid off Colombian terrorists who killed thousands of people.

  • July 29, 2014

    Fla. Appeals Court Reverses Ruling On Medicaid Lien Formula

    A Florida appeals court on Monday reversed a decision in favor of the Agency for Health Care Administration in a dispute over a Medicaid lien and said the federal anti-lien provision preempts a state statutory formula for asserting a lien against a tort recovery settlement.

  • July 29, 2014

    Texas Doubles Down On Same-Sex Marriage Fight In 5th Circ.

    Texas’ attorney general on Monday told the Fifth Circuit the state's ban on same-sex marriage doesn’t violate federal due process and equal rights protections, in a brief asking the appellate court to overturn a federal decision that found the law unconstitutional.

  • July 29, 2014

    St. Paul Mercury's Win Upheld In Claim For Lawsuit Coverage

    The Nebraska Supreme Court affirmed a summary judgment victory for St. Paul Mercury Insurance Co. in a coverage battle over a credit union's $2 million lawsuit against its former directors, concluding that a trial court justifiably flipped its ruling in the dispute.

  • July 29, 2014

    Fla. Medical Association Backs Medicaid Expansion

    The Florida Medical Association officially threw a hat into the debate on Medicaid expansion in Florida with the passage of a resolution advocating the acceptance of federal money to support expansion under the Affordable Care Act.

  • July 29, 2014

    Highmark, Allcare Spar Over High Court Fee-Shifting Cases

    After U.S. Supreme Court rulings made it easier for courts to award fees in meritless patent suits, the parties in one of the cases, Highmark Inc. and Allcare Health Management Systems Inc., sparred at the Federal Circuit on Monday over how the decisions should impact a fee award against Allcare.

  • July 29, 2014

    Detroit Audit Finds City Was Insolvent Prior To Bankruptcy

    The city of Detroit released a long-overdue audit finding it was insolvent when it requested Chapter 9 protection last year in the face of its $18 billion debt pile and a $130 million budget deficit that forced a series of creditor defaults, while the bankruptcy judge on Tuesday delayed its hotly anticipated confirmation trial by a week.

  • July 29, 2014

    NY's Aging Fraud Case Against Ex-AIG CEO Headed For Trial

    The nearly decade-old fraud action brought against a former American International Group Inc. CEO is finally headed for trial, after a New York judge on Tuesday set a firm start date to resolve allegations that Maurice “Hank” Greenberg engaged in sham financial transactions.

  • July 29, 2014

    Jackson Lewis Nabs Ex-Atkinson Employment Partner In Calif.

    Jackson Lewis PC said on Tuesday it picked up a former partner of Atkinson Andelson Loya Ruud & Romo PLC whose practice has focused on advising, representing and defending employers across a wide array of industries, including health care, insurance, finance, professional services, manufacturing and real estate.

  • July 29, 2014

    Arizona Beverage Seeks $1M Sandy Coverage From Hanover

    Arizona Beverages USA LLC filed suit Tuesday in New York federal court alleging Hanover Insurance Co. owes it at least $1.1 million in coverage for damages sustained by its Brooklyn warehouse and distribution center during Hurricane Sandy in October 2012.

  • July 29, 2014

    Gawker Not Covered For Hogan Sex Tape Row, Insurer Says

    Nautilus Insurance Co. has slammed Gawker Media LLC with a suit to recover costs it paid to defend the website against privacy and copyright allegations made by Hulk Hogan over Gawker's publication of a leaked sex tape and an associated article, saying the policy excluded Hogan's claims.

  • July 29, 2014

    Pa. Atty Disbarred Over Extended Role In Annuities Scheme

    The Pennsylvania Supreme Court on Monday disbarred an attorney for his long-running role in a marketing scheme over the sale of living trusts to retirees, finding that over 11 years, he had helped nonattorneys provide legal advice.

  • July 29, 2014

    Calif. Justices Told Insurer Can Deny Eating Disorder Care

    Blue Shield of California has asked the California Supreme Court to overturn a decision in a proposed class action saying the insurer must pay for two women's residential treatment of eating disorders, arguing the treatment goes beyond state law requirements that insurers treat mental and physical ailments equally.

  • July 29, 2014

    Abbott Holds Onto $84M Win Against Lloyd's In Ill.

    An Illinois appeals court on Monday upheld an $84 million award to Abbott Laboratories in a coverage fight with Lloyd's of London underwriters over costs from the Italian government's recall of an anti-obesity drug that Abbott inherited after acquiring Knoll Pharmaceutical Co.

  • July 29, 2014

    Crossclaims Dismissed In $20M Sandy Coverage Fight

    A New York federal judge has dismissed all insurers' crossclaims in Cammeby's Management Co. LLC’s suit claiming it had been stiffed on $20 million of the $30 million in coverage it was owed for Superstorm Sandy damage to a commercial complex it owns in Brooklyn, according to court documents filed Monday.

  • July 29, 2014

    CIT Group Sues Over $2M In Costs From Deadly Derailment

    CIT Group Inc. hit Western Petroleum Co. with a lawsuit Monday in Minnesota federal court claiming the oil company failed to indemnify the financing giant from over $2 million in legal fees and costs associated with a deadly freight train derailment, as required by a leasing agreement.

  • July 29, 2014

    DC Circ. Rejects ACA Origination Clause Challenge

    The D.C. Circuit on Tuesday upheld a lower court ruling that dismissed an Iowa man’s challenge to the Affordable Care Act, saying that because the law’s revenue-raising aspect isn't its primary purpose, it is not subject to the U.S. Constitution's Origination Clause.

  • July 28, 2014

    Obama, Insurers 'Colluded' To Create ACA Provision: Report

    Members of the Obama administration “colluded” with insurance companies to create key provisions within the Affordable Care Act that would increase insurers’ profitability and net them a “bailout” of $1 billion this year, according to a Monday report by Republicans on the House Oversight and Government Reform Committee.

  • July 28, 2014

    Detroit Ch. 9 Plan Calls For Monitor With Subpoena Power

    Less than three weeks ahead of a blockbuster confirmation trial, the city of Detroit on Friday submitted a new version of its bankruptcy exit plan that envisions for the first time an extended period of financial oversight by an independent, court-appointed monitor.

  • July 28, 2014

    Plant Insulation Reorg Plan Flouts 9th Circ., Insurers Say

    Insurer creditors for bankrupt Plant Insulation Co. urged a California federal judge on Monday to reverse a bankruptcy court's approval of Plant's latest reorganization plan, arguing that the plan flouts a Ninth Circuit order by forcing Plant's trust to purchase a majority of Plant's shares at four times their value. 

Expert Analysis

  • And Now A Word From The Panel: Top 10 Venue Arguments

    Alan E. Rothman

    As the Judicial Panel on Multidistrict Litigation heads to the “Heart of America” for its July 31 hearing, this column will take a bit of a detour from its regular format and present a top 10 list of arguments — some strange, yet true — made in support of a particular MDL venue, says Alan Rothman of Kaye Scholer LLP.

  • Not A Federal Question: ACA Fund Dispute Is For States

    Eric G. Pearson

    The Seventh Circuit In Hartland Lakeside Joint No. 3 School District v. WEA Insurance Corp. remanded to state court a dispute over the distribution of funds from the Affordable Care Act for failure to present a federal question under Grable, which regrettably did not create the sort of bright-line rule that often does and should govern issues of federal jurisdiction, says Eric Pearson of Foley & Lardner LLP.

  • 5th Circ. May Have Created New Rule On Policy Exhaustion

    Stephen P. Pate

    The Fifth Circuit's ruling in Indemnity Ins. Co. of N. Am. v. W&T Offshore Inc. is important because many believed it was implied in umbrella/excess policies that only damages covered by them would count against their retained limit — now carriers wishing to restrict damages against such limits must expressly state so in policies, says Stephen Pate of Norton Rose Fulbright.

  • Your D&O Insurance Policy Post-Halliburton

    Roberta D. Anderson

    The U.S. Supreme Court decision in Halliburton Co. v. Erica P. John Fund may significantly increase defense costs at and prior to the class certification stage, so companies may wish to carefully consider their directors and officers insurance program and confirm that their policies would respond to cover expert witnesses and “event study” expenses, says Roberta Anderson of K&L Gates LLP.

  • Litigator’s Perspective: 5 Tips On Arbitration Provisions

    Daniel T. McCloskey

    It happens all the time. When a dispute arises, two parties find themselves in arbitration, realizing that they might have had more leverage to dictate the terms of the process when they were negotiating the arbitration provision — but missed the opportunity, says Daniel McCloskey of Duane Morris LLP.

  • 6 Years In, Why Haven't FRE 502(d) Orders Caught On?

    John A. Rosans

    In this e-discovery era, why aren't more litigants using Federal Rule of Evidence 502(d) orders and affording themselves basic protection of their most sensitive information? Or, if they are moving for such orders, why are they doing it wrong? asks John Rosans of Katten Muchin Rosenman LLP.

  • Unconventional Cyber Case Gets Md. High Court's Attention

    Lon A. Berk

    While the focus on personal injury coverage has been on whether it protects against hacking events, little concern has been expressed regarding whether that coverage protects against other types of breach of privacy claims that might occur as a result of everyday cyberactivities — Springer v. Erie Insurance Exchange provides an example of just such a claim, say attorneys at Hunton & Williams LLP.

  • Employers May Have Opportunity In ACA Legislative Flaw

    Robert C. Christenson

    Employers still on the fence in terms of providing qualifying health care coverage for their employees see new hope in the D.C. Circuit's ruling in Jacqueline Halbig v. Burwell because the case points to a possible legislative flaw that would exempt employers in 36 of the 50 states from the "pay-or-play" tax that underlies the Affordable Care Act, says Robert Christenson of Fisher & Phillips LLP.

  • Trial-Ready In 180 Days: Prepare For SDNY's Rocket Docket

    Isaac S. Greaney

    A growing trend in the Southern District of New York akin to a sua sponte rocket docket can provide defendants with an opportunity to set the tone of discovery and shift the burden and risks of the schedule to their adversaries, say Isaac Greaney and Jackie Lu of Sidley Austin LLP.

  • 6th Circ. Errs In Conflating Primary With Excess Insurance

    Richard C. Mason

    The Sixth Circuit’s IMG Worldwide v. Westchester Fire Insurance Co. decision needlessly eliminates consumer choice — and promises to increase declaratory judgments by excess insurers who heretofore had not needed to preemptively involve the courts, says Richard Mason, co-chairman of Cozen O’Connor PC's professional liability insurance coverage and reinsurance practices.