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March 01, 2024
Jury Awards Midwest Energy $57M On Refined Coal Patents
A Delaware federal jury on Friday awarded Midwest Energy Emissions Corp. more than $57 million after finding that numerous affiliated companies willfully infringed its patents on technology for refining coal to reduce mercury in emissions from power plants.
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March 01, 2024
11th Circ. Revives Alabama Life Insurance Class Action
An Eleventh Circuit panel on Friday revived a South Carolina man's Alabama class action alleging his life insurer's costs on his $100,000 policy weren't linked to life expectancy, though the policy said they would be.
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March 01, 2024
Fintech Co. Vesttoo's Ch. 11 Plan OK'd After Dissent Defused
A Delaware bankruptcy judge has approved the Chapter 11 liquidation plan proposed by the official committee of unsecured creditors to bankrupt Israeli fintech firm Vesttoo Ltd., after the committee sorted out a final objection to the plan.
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March 01, 2024
Clyde & Co Adds Former Hinkhouse Atty To Chicago Office
Global law firm Clyde & Co added a former Hinkhouse Williams Walsh LLP attorney as a partner in its North American insurance practice in Chicago who said she is "thrilled" to continue building client relationships in her new role.
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March 01, 2024
Auto Coverage Hinges On Victim's Domicile, Mich. Panel Says
A dispute over personal protection insurance will return to a trial court to determine whether a crash victim was residing in Michigan or Kentucky at the time of the incident, after a Michigan state appeals court granted neither the victim's guardian nor Progressive an early win.
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March 01, 2024
Day Care Says Policy Covers $21.6M Infant Death Judgment
A day care is urging a Florida federal court to reject its insurer's bid for an early win in a coverage dispute concerning a $21.6 million judgment over an infant's death, saying there are disputed issues of fact about whether the policy was canceled by the insured before the incident.
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March 01, 2024
Former Pa. Assistant DA Moves To GRSM50's Philly Team
Gordon Rees Scully Mansukhani LLP has hired an attorney with nearly a decade of experience working as an assistant district attorney in Pennsylvania to join the firm's office in Philadelphia as a partner, the firm recently announced.
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March 01, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen a legal battle between confectionary heavyweight Mars Wrigley UK and a frozen food manufacturer, a trademark infringement claim by Abbott Diabetes Care over glucose monitoring meters, Mercedes-Benz Group hit with two commercial fraud disputes, and the Mediterranean Shipping Company tackle a cargo claim by an insurance company. Here, Law360 looks at these and other new claims in the U.K.
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February 29, 2024
9th Circ. Sends COVID-19 Coverage Row Back To Tribal Court
A Ninth Circuit panel unanimously affirmed the Suquamish Tribal Court's jurisdiction over a COVID-19 coverage dispute, finding in a published opinion Thursday that although the tribe's insurers weren't present on its land, a consensual business relationship means tribal law applies.
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February 29, 2024
State Farm Must Face Bad Faith Claims In $3M Crash Row
A Florida appeals court on Wednesday clarified a prior ruling reviving bad faith claims against State Farm for rejecting an offer to settle a car crash injury suit that led to a $3 million verdict, saying the insurer could still have acted in bad faith in handling the settlement offer even if it had no obligation to accept it.
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February 29, 2024
Insurance Co. Settles Mass. Worker's Long COVID Suit
Lincoln Life Assurance has agreed to resolve a suit alleging it wrongly cut off disability payments to a worker who was recovering from over a year of debilitating long-term symptoms caused by COVID-19, according to a Thursday order in Massachusetts federal court.
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February 29, 2024
Auto Co. Says $50M Policy Endorsement Covers COVID Loss
An auto parts manufacturer is seeking $50 million in coverage for its COVID-19 pandemic-related losses in North Carolina federal court, claiming its policy's "unique" communicable disease provision was misrepresented when its insurer denied coverage for losses at its Indiana, Ohio, Michigan and North Carolina locations.
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February 29, 2024
SVB Parent's Counsel Booted From Fraud Coverage Row
The bankrupt parent company of Silicon Valley Bank cannot use Farella Braun & Martel LLP as counsel in litigation over the parent company's claims that it alone must be covered for a fraud scheme that caused over $73 million in losses, a North Carolina federal court ruled.
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February 29, 2024
Colo. House OKs Multistate Online Insurance Tax Filing
Colorado would require insurance companies to pay certain taxes through a multistate third-party online application approved by the state Division of Insurance under legislation passed by the state House of Representatives.
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February 29, 2024
Bankrupt Endo To Pay $465M To Resolve Opioid Claims
Drugmaker Endo International has agreed to pay as much as $465 million to resolve criminal and civil claims stemming from its sale and marketing of a powerful opioid, and will turn over its assets to a group of secured lenders who will operate the company under a new corporate structure.
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February 29, 2024
Insurer Direct Line Rejects £3B Linklaters-Backed Ageas Bid
British insurer Direct Line has rejected a £3.1 billion ($3.9 billion) offer from Ageas, a Belgian-French rival, finding that it was "uncertain, unattractive, and that it significantly undervalued" the group.
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February 28, 2024
6th Circ. Rules Copyright Law Is For 'Dull' Stuff, Too
The top appeals court judge at the Sixth Circuit has issued a precedential opinion insisting that "all manner of works," even stuff that's boring and "run-of-the-mine," can be protected by copyright law, affirming a judgment that stuck a business with more than $1 million in damages and fees for copying the terms and conditions used by a car-dealer loyalty program.
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February 28, 2024
Insurer Wins New Trial Due To Paralegal's Surprise Testimony
An insurer will receive a new trial in its coverage dispute with two homeowners over damage caused by a water supply line failure, a Florida state appeals court ruled, finding the insurer was prejudiced by the trial court allowing a paralegal to testify as a surprise witness.
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February 28, 2024
No More Coverage For Aluminum Co.'s $165M Fire Damage
A South Carolina federal judge on Wednesday snuffed out an aluminum company's $165 million fire damage suit, ruling that its insurers had already paid up to their limits of $10 million for the molten material damage.
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February 28, 2024
Insurance Agency Says It Wasn't Told Of Airbnb Shooting Suits
A Pennsylvania insurance agency accused of concealing that a Pittsburgh Airbnb property was subject to numerous lawsuits over a mass shooting has claimed that the property owner never revealed the problems when shopping for a new policy, so it wasn't the agency's fault when the new insurer canceled coverage.
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February 28, 2024
Seattle Convention Center's Virus Losses Not Covered
A Seattle convention center operator is not owed coverage for pandemic-related business interruption losses, a Washington federal judge ruled, finding that although the governor's emergency pandemic proclamations prohibited access to the convention center, they weren't issued because of physical loss or damage to the property.
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February 28, 2024
BASF Says Insurers Owe Coverage For PFAS Suits
Major chemical manufacturer BASF Corp. told a South Carolina court Wednesday that 23 insurers should cover thousands of lawsuits that alleged a chemical the company produced for firefighting foam caused pollution and injuries.
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February 28, 2024
Trump Can't Freeze $465M Penalty But Can Seek Loans
A New York state appellate judge on Wednesday refused to freeze the $465 million civil fraud judgment against Donald Trump while he appeals the award, but said the former president could take out loans to cover the cost of the judgment.
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February 28, 2024
3rd Circ. Won't Rehear Pfizer Shareholder Suit Coverage Row
Pfizer won't get a second shot at arguing its insurer should indemnify it in a settlement stemming from a 2003 shareholder class action, with the Third Circuit on Wednesday declining the pharmaceutical company's request for an en banc rehearing.
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February 28, 2024
Plastic-Maker Says Insurers Must Cover Worker Death Suit
Ohio-based manufacturer Encore Plastics took Travelers Property Casualty Co. of America and American Guarantee & Liability Insurance Co. to federal court, claiming both companies are violating their policies by refusing to defend or indemnify it in an underlying suit over one of its workers' death in an industrial accident.
Expert Analysis
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Ga. Mirror-Image Rule Makes Settlements Fraught For Insurers
The Georgia Court of Appeals' recent decision in Pierce v. Banks shows how strictly Georgia courts will enforce the rule that an insurer's response to a settlement demand must be a mirror image of the demand — and is a reminder that parties must exercise caution when accepting such a demand, says Seth Friedman at Lewis Brisbois.
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In-Office Engagement Is Essential To Associate Development
As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.
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What's In The NAIC's Draft AI Bulletin
The National Association of Insurance Commissioners has released a draft bulletin on insurers' use of artificial intelligence systems, intended as a template for regulators to guide insurers to employ AI consistently with market conduct, corporate governance and unfair and deceptive trade practice laws, say Paige Waters and Stephanie O'Neill Macro at Locke Lord.
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Perspectives
A Judge's Pitch To Revive The Jury Trial
Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.
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How To Recognize And Recover From Lawyer Loneliness
Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.
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Opinion
Litigation Funding Disclosure Should Be Mandatory
Despite the Appellate Rules Committee's recent deferral of the issue of requiring third-party litigation funding disclosure, such a mandate is necessary to ensure the even-handed administration of justice across all cases, says David Levitt at Hinshaw.
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Recalling USWNT's Legal PR Playbook Amid World Cup Bid
As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.
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Insurance Ruling Shows Notice Letters Need Close Review
A Texas appeals court's recent disapproval of an insured’s presuit notice letter to Westchester Surplus Lines Insurance — which refused to quantify an alleged injury — should prompt courts to probe deeper when considering whether such a letter gives the insurer the information needed to resolve the claim or make a settlement offer, say Jennifer Martin and Timothy Delabar at Wilson Elser.
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Regulating AI: Litigation Questions And State Efforts To Watch
In view of the developing legal and regulatory framework for artificial intelligence systems in the U.S., including state legislation and early federal litigation, there are practical takeaways as we look toward the future, says Jennifer Maisel at Rothwell Figg.
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Regulating AI: An Overview Of Federal Efforts
The U.S. has been carefully managing a national policy and regulatory ecosystem toward artificial intelligence, but as AI technology continues to expand into our everyday lives, so too has its risks and the need for regulation, says Jennifer Maisel at Rothwell Figg.
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It's Not You, It's Me: Breaking Up With Mass. FCA Prosecutors
A recent Massachusetts U.S. Attorney's Office settlement, which required a hospital to admit to certain facts, continues a state trend away from traditionally defense-friendly nonadmission language and may complicate the prospects of amicably resolving future False Claims Act cases, say Jonathan York and Scott Memmott at Morgan Lewis.
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11th Circ. Ruling May Impede Insurers' Defense Cost Recoup
The Eleventh Circuit's recent Continental Casualty v. Winder Laboratories ruling that insurers cannot obtain reimbursement of defense costs from their insureds where the policy itself does not require such reimbursement is likely to be cited as persuasive authority in Georgia and other states without clear precedent on the issue, say Christy Maple and Robert Whitney at Phelps Dunbar.
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An In-Depth Look At FDIC Reform Options After Bank Failures
Anthony Pirraglia and Melissa Hall at Loeb & Loeb explain the three coverage options for reforming the deposit insurance system, which were proposed in a recent report from the Federal Deposit Insurance Corp. in the wake of the Silicon Valley Bank and Signature Bank failures.
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Groundbreaking Nev. Law May Alter Insurance Landscape
The Nevada Legislature recently passed a law prohibiting insurers from issuing liability policies with eroding limits provisions that has the potential to create massive shifts in the marketplace — and specifically in areas like professional liability, cyber, and directors and officers insurance, says Will Bennett at Saxe Doernberger.
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Perspectives
Mallory Gives Plaintiffs A Better Shot At Justice
Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.