• October 17, 2016

    Sentry Seeks To Ax Coverage Of Edible Arrangements IP Fight

    Sentry Insurance on Friday urged a California federal judge to find that it has no obligation to defend or indemnify an e-commerce company in a trademark infringement suit brought by fresh fruit basket arranger Edible Arrangements LLC, arguing that all of the underlying allegations fall within policy exclusions.

  • October 17, 2016

    Atty’s Lies About Bar Merit Criminal Probe, Justice Says

    An attorney who practiced in West Virginia under a peer’s bar number without membership of his own was publicly reprimanded and sanctioned on Friday by the state’s Supreme Court of Appeals, with one justice calling for a criminal probe into the misconduct.

  • October 17, 2016

    Provigil Pay-For-Delay Suit Belongs In Pa., Teva Says

    Teva Pharmaceuticals Industries Ltd. and one of its subsidiaries on Friday asked a Minnesota federal court to dismiss them from a United Healthcare suit alleging a conspiracy to keep a generic for the sleep disorder drug Provigil off the market through pay-for-delay deals, or move the case to Pennsylvania.

  • October 17, 2016

    Insurance Broker Tries Again To Escape Hockey Injury Suit

    The company that brokered the Federal Hockey League insurance policy that has left a partially blinded player scrambling for coverage asked an Illinois federal court on Friday to rethink its ruling keeping the suit alive, saying the court misapplied precedent to expand the duties of insurance producers in the state.

  • October 17, 2016

    Axis Seeks No-Coverage Ruling In Pitt Construction Suit

    Axis Insurance Co. has asked a New York federal court to rule that it doesn’t have to provide coverage for a $40 million University of Pittsburgh construction project gone wrong, saying the insurer for the previous policy period would have been the one responsible — even though a judge has already ruled that it’s not.

  • October 17, 2016

    Niro Law Wants Out Of IP Malpractice Suit In Illinois

    Niro Law Ltd. on Friday fought back against allegations that it committed malpractice by backing out of a patent infringement case in which it represented a company specializing in outdoor fill-up stations for water bottles, telling an Illinois federal court that its former client hasn't provided sufficient evidence to support its claims.

  • October 17, 2016

    Anthem, Cigna Ordered To Disclose Merger Breach Allegations

    Anthem Inc. and Cigna Corp. must give the government communications discussing possible breaches of their proposed $54 billion merger, and prosecutors don’t have to provide the companies with specific details on how they believe the insurance market is split, a D.C. federal judge ruled Friday.

  • October 17, 2016

    5th Circ. Urged To Revive $10M Warehouse Fire Coverage Suit

    The owner of a Florida refrigerated warehouse urged the Fifth Circuit on Friday to revive its claims that Alterra American Insurance Co. and an insurance agent undervalued the building and left it with insufficient coverage for $10 million in fire losses, saying a Mississippi federal court applied the wrong state's law and an incorrect legal theory to the case.

  • October 17, 2016

    Atlanta Hawks' Ex-Owners Seek Coverage For Ex-GM's Claims

    The former ownership group of the Atlanta Hawks basketball team has accused an AIG subsidiary of breaching an insurance policy by refusing to cover wrongful termination-related claims brought by the team’s former general manager, according to a suit that landed in Georgia federal court Friday.

  • October 14, 2016

    2 Docs, 8 Others Charged In $100M Tricare Fraud Scheme

    Ten men, including two doctors, have been charged with conspiracy to defraud the Tricare military health program through a $100 million scheme involving compounded medications and pharmacy kickbacks, according to an indictment unsealed Friday.

  • October 14, 2016

    US House Storms Into $5B ACA Risk Corridor Case

    The GOP-controlled U.S. House of Representatives slammed the federal government Thursday for not moving to dismiss an insurer's $5 billion class complaint on the grounds that the U.S. Department of Health and Human Services has no obligation to make so-called risk corridor payments to insurers under the Affordable Care Act.

  • October 14, 2016

    'Commencing' Is Ambiguous In Insurer's Policy, Judge Says

    An Illinois federal judge held in a precedential ruling Friday that an Acuity policy's condition that property damage is covered "commencing" during the policy period is ambiguous and may be interpreted to encompass multiple incidents, refusing to find the insurer need not cover a commercial building's repair costs.

  • October 14, 2016

    Body Shops Fight 11th Circ. Dismissal Of State Farm Suit

    Auto body repair shops asked the Eleventh Circuit on Friday to reinstate their appeal seeking to revive claims that State Farm Mutual Automobile Insurance Co. and other insurers conspired to manipulate the costs of car repairs, saying the shops' failure to file the appeal on time was the court’s fault.

  • October 14, 2016

    Judge Won't Revive Claims In Anthem Rate MDL

    A California federal judge has refused to reconsider the dismissal of an Anthem Inc. subscriber's claims against the insurer over its use of allegedly distorted reimbursement rates for out-of-network services, saying she rehashed arguments the court had already rejected.

  • October 14, 2016

    Spokeo Nixes State Farm Credit Report Suit, Judge Says

    A California federal judge said Friday he will dismiss a proposed class action alleging State Farm improperly considers job applicants’ credit reports and fails to notify them of their rights, saying varied experiences meant the suit couldn’t survive as a class action and the U.S. Supreme Court’s Spokeo decision renders it moot.

  • October 14, 2016

    DLA Piper Attys Win New Depo In Insurer’s Sanctions Bid

    Two attorneys associated with DLA Piper facing sanctions over improper witness directives will have the opportunity to participate in another deposition of the witness at issue, a former employee of Benecard Services Inc., which was defending a now-settled insurer suit over a Medicare prescription drug plan.

  • October 14, 2016

    Insurer Says Securities Broker Not Covered For FINRA Actions

    Excess insurer Aspen Specialty Insurance Co. sued securities broker Triad Advisors Inc. in Georgia federal court Friday, seeking a ruling that Triad is not covered for Financial Industry Regulatory Authority actions and individual demands over a former representative's alleged mismanagement of his clients' accounts.

  • October 14, 2016

    St. Paul Must Defend Against IP Suit, 5th Circ. Hears

    Giganews Inc. told the Fifth Circuit on Thursday that a lower court erred by holding that St. Paul Fire and Marine Insurance Co. didn’t have to defend it in adult entertainment company Perfect 10 Inc.’s copyright litigation, saying the determination was wrong under the policy and Texas law.

  • October 14, 2016

    One-Stop Shop Cyberinsurance Opens Doors For Small Cos.

    Newly available cyberinsurance policies packaged with risk monitoring programs can help small companies shore up their network protections and secure business with larger corporations that have adopted rigorous data security standards for potential partners, experts say.

  • October 14, 2016

    Rainmaker Q&A: Sutherland Asbill's Cynthia Shoss

    One lesson I have learned from difficult pitches is that, as in dating, sometimes the chemistry just isn’t there, and the best thing one can do for the client and the firm is to step aside and support someone who is a better fit, says Cynthia Shoss, co-leader of Sutherland Asbill & Brennan LLP’s insurance transactions and products practice.

Expert Analysis

  • Why Have Lawyers Forgotten About The Middle Class?


    Sorry, fellow lawyers, judges and legislators, but the jig is up. It’s time to show the public the cards up our sleeves and give them a chance to weigh in on the fairness of a system that touches so many aspects of their everyday lives, says Chas Rampenthal, general counsel of LegalZoom.

  • The Role Of Value And Cost In Prescription Drug Pricing

    Dr. Richard Manning

    Since the passage of Medicare Part D, controversy has surrounded the question of prescription drug prices and whether or not they should be tied to the value they provide. Though it might seem unfair for new treatments to be released at high initial prices, the promise of potential profits is necessary for motivating medical research, says Dr. Richard Manning of Bates White.

  • The Meaning Of 'Affiliate' In Class Action Settlements

    Lewis R. Clayton

    The Second Circuit's decision last week in American International Group Securities Litigation creates a split in how courts define the term “affiliate” in class action securities settlements. Settling defendants should consider pressing for the elimination of the term completely, say attorneys with Paul Weiss Rifkind Wharton & Garrison LLP.

  • Anticipating And Avoiding Expert Deposition Fee Disputes

    John D. Sear

    The expenses associated with using outside experts in litigation can be one of the costliest components of a case. John Sear of Bowman and Brooke LLP and T. Michael Pangburn, general counsel of Thor Motor Coach Inc., offer insights and practical suggestions for keeping expert witness costs under control.

  • Avoiding The Insurer Bite: Coverage For Zika Virus Losses

    Tyrone R. Childress

    Due to the Centers for Disease Control and Prevention issuing travel advisories urging pregnant women and their partners to postpone travel plans to regions infected by the Zika virus, many businesses in Florida and other areas are concerned about potential financial losses. Tyrone Childress and Jason Lissy of Jones Day explain how to negotiate various types of insurance in order to protect against losses caused by Zika.

  • How Appraisal Protects Against Texas Insurance Code Abuse

    Shannon M. O'Malley

    In recent months, multiple Texas courts have ruled that prompt appraisal award payments essentially end an insurer's exposure for breach of contract and extracontractual claims. By properly invoking appraisal provisions, insurers can avoid concerns about boilerplate statutory bad faith allegations, says Shannon O'Malley of Zelle LLP.

  • Practical Uses For Machine Learning In Health Care Cases

    Mihran Yenikomshian

    Machine learning can efficiently turn enormous volumes of both structured and unstructured data into something meaningful, without losing underlying details. Consultants with Analysis Group Inc. elaborate on how machine learning can be applied in the courtroom in terms of informing legal strategy, identifying relevant materials for experts, and enhancing expert testimony in health care litigation.

  • How Tribes Can Avoid Gambling With Casino Patrons' Data

    Erica J. Dominitz

    While all organizations, regardless of size, are vulnerable to data breaches, casinos are particularly attractive targets for cybercriminals for obvious reasons. Erica Dominitz and Venus Prince of Kilpatrick Townsend & Stockton LLP outline the steps that casinos should take in order to secure adequate cyberinsurance and protect themselves from cyberlosses.

  • Overhauling Law Firm Records Departments For A New Reality

    Raymond Fashola

    As automation increases, so do business challenges that impact overall law firm operations. Records departments are facing roadblocks associated with antiquated processes, ever-changing regulatory requirements, and emerging technologies. As a result, firms are reassessing the needs of their records department staffing models, says Raymond Fashola of HBR Consulting.

  • New Jersey Joins National Majority On Contractor Insurance

    J. Stephen Berry

    The New Jersey Supreme Court has ruled that property damage caused by subcontractors' shoddy workmanship qualifies as an occurrence under the general contractor's liability insurance policy. This decision may be indicative of a larger trend involving one of the most frequently litigated insurance dispute questions of the past decade, say lawyers from Dentons.