• August 13, 2014

    Detroit To Amend Bankruptcy Plan, Delays Ch. 9 Trial

    Detroit has signaled it will file a sixth amended version of its bankruptcy exit plan, prompting a federal judge Wednesday to delay the city's blockbuster Chapter 9 confirmation trial for another week.

  • August 13, 2014

    Calif. Policyholders Win Flexibility On Hiring Defense Firms

    A California federal court recently held in a trademark-related coverage dispute that policyholders can hire multiple firms as independent counsel without automatically losing insurance, shedding light on a rarely addressed issue and providing valuable leeway for policyholders on defense strategy in complex cases.

  • August 13, 2014

    Employment Attys Want To Undo Fla. Workers' Comp Fee Cap

    The National Employment Lawyers Association has given its support to a suit asking the Florida Supreme Court to overturn a statutory limitation on prevailing-party attorneys' fees in workers' compensation cases, which the group argues violates the separation of powers doctrine and courts' authority.

  • August 13, 2014

    Longview Judge Rules $825M Policy Fight Not Core To Ch. 11

    A Delaware bankruptcy judge ruled late Tuesday that a coverage dispute Longview Power LLC has over an $825 million policy is not a core proceeding in the coal plant operator's Chapter 11 because the fight is actually between the insurer and the collateral agent for the debtor's lenders.

  • August 13, 2014

    Hartford Says It Faces Rival Claims For $22M Injury Suit

    Hartford Fire Insurance Co. and two other insurers filed suit Tuesday in Illinois federal court alleging that Coastal International Inc., GES Exposition Services Inc. and others submitted competing claims for coverage of an underlying $22 million personal injury judgment entered in favor of a Coastal employee.

  • August 13, 2014

    Sutherland Asbill Nabs McDermott Tax Pro For NY Office

    Sutherland Asbill & Brennan LLP has nabbed a tax partner from McDermott Will & Emery LLP for the firm’s state and local tax practice in New York, where she will specialize in advising clients in the insurance, technology, financial services and retail sectors in New York and New Jersey, the firm announced on Tuesday.

  • August 13, 2014

    Indiana's ACA Employer Mandate Challenge Moves Forward

    An Indiana federal judge ruled on Tuesday that the state and its public school corporations can challenge the Internal Revenue Service's ability to penalize state and local governments for failing to comply with the Affordable Care Act's so-called employer mandate, saying they're injured by the policy.

  • August 13, 2014

    Zurich Sued For Denying $37M Hurricane Sandy Claim

    Zurich America Insurance Co. was hit with a lawsuit Monday in New Jersey federal court over its refusal to reimburse $37 million in losses that a Bergen County-based graphics company allegedly sustained during Superstorm Sandy.

  • August 13, 2014

    AIG Asks 2nd Circ. For $3.5M From Reinsurer In Asbestos Case

    An American International Group Inc. subsidiary on Tuesday asked the Second Circuit to overturn a district court judge’s ruling that it was barred from obtaining reinsurance reimbursement related to $3.5 million in asbestos litigation settlements on the grounds that it acted in bad faith.

  • August 13, 2014

    NY Takes Wait-And-See Approach In Sandy 'Placeholder' Row

    A New York federal court overseeing Superstorm Sandy insurance litigation said Tuesday it would hold off on ruling on the validity of so-called placeholder proofs of loss provided by policyholders who couldn't meet deadlines, citing the Federal Emergency Management Agency's decision to pursue mediation in cases raising the issue.

  • August 13, 2014

    O'Quinn Agrees Not To Disclose National Union Settlement

    The O'Quinn Law Firm on Wednesday agreed to adhere to National Union Fire Insurance Co. of Pittsburgh, Pa.'s request that it not reveal the parties' confidential agreement in the firm's suit seeking coverage for a $46.5 million settlement of claims that it overbilled clients in defective breast implant suits.

  • August 13, 2014

    'Midnight Rider' Producer Says Insurer Skirted $1.6M Bill

    The producer of the planned Gregg Allman biopic film "Midnight Rider" hit New York Marine and General Insurance Co. Inc. with a lawsuit in California court on Tuesday for allegedly refusing to pay more than $1.6 million in losses stemming from a high-profile and deadly on-set train accident.

  • August 13, 2014

    Insurer Aims To Duck ShoreBank Execs' Defense In $73M Suit

    St. Paul Mercury Insurance Co. filed suit Tuesday in Illinois federal court saying it doesn't have to defend five former executives of ShoreBank Corp. in a Federal Deposit Insurance Corp. action alleging their loose lending led to $73 million in losses and directly contributed to the bank's failure.

  • August 13, 2014

    Lowenstein Sandler Continues Growth With New DC Office

    Lowenstein Sandler LLP has opened a new office in Washington, D.C., snagging four lawyers from Dickstein Shapiro to add to a group of attorneys from the firm’s antitrust, investment management, commercial and insurance litigation practices, in addition to a fifth Dickstein attorney in Los Angeles, the firm said.

  • August 12, 2014

    Specialized Cyber Insurance Becoming A Must For Many Cos.

    Courts are offering conflicting rulings on whether commercial general liability insurance policies cover data breaches, and with cyberattacks growing in scope, companies will need to look at specialized cybersecurity policies to fill in coverage gaps and provide them with more certainty, attorneys say.

  • August 12, 2014

    EEOC Defends Suit Over Workers Forced To Say 'I Love You'

    The U.S. Equal Employment Opportunity Commission hit back Tuesday at a move to dismiss its religious bias suit against a health network for allegedly forcing workers to follow the “Onionhead” belief system, which required telling colleagues “I love you.”

  • August 12, 2014

    Syncora Rips Judge At Center Of Detroit 'Grand Bargain'

    Bond insurer Syncora Holdings Ltd. on Tuesday blasted the city of Detroit’s plan for exiting bankruptcy $7 billion lighter in debt without touching its valuable art collection, accusing two mediators that brokered a key compromise, one a sitting federal judge, of bias and conflicts of interest.

  • August 12, 2014

    Pharmacies Grapple With Surge Of FCA Suits

    Whistleblowers are increasingly targeting pharmacies and pharmacy benefit managers with False Claims Act suits involving kickbacks and an array of billing shenanigans, opening yet another front in health fraud litigation that will only become more active as Medicare Part D and Medicaid continue to grow, attorneys say.

  • August 12, 2014

    IRS Defines Exemptions For ACA Health Insurance Fee

    The Internal Revenue Service on Tuesday clarified that self-insured employers, government entities and certain nonprofits are exempt from paying an annual fee imposed by the Affordable Care Act for the 2014 fee year because they don't qualify as so-called covered entities for tax purposes.

  • August 12, 2014

    Colony Strikes Deal Over Coverage For $11M Trade Dress Suit

    Colony Insurance Co. has resolved a coverage fight over an $11 million lawsuit accusing Electro Power Systems of Utah Inc. of illegally reproducing a rival's industrial crane parts, the insurer told an Illinois federal court Tuesday.

Expert Analysis

  • OPINION: Let's Financially Reward Law Firm Diversity

    Patricia K. Gillette

    It only took the threat of a 10 cent cost increase to make people bring their own bags to Bay Area grocery stores. What if we gave partners an extra $10,000 for increasing diversity in their firms? asks Orrick Herrington & Sutcliffe LLP partner Patricia Gillette.

  • Crucial Predictive Coding Case Law: Progressive V. Delaney

    Emily Cobb

    Any practitioner considering predictive coding should fully consider Magistrate Judge Peggy Leen’s reasoning in Progressive Casualty Insurance v. Delaney and the potential pitfalls associated with failure to consistently cooperate, say Emily Cobb and Annamaria Enenajor of Ropes & Gray LLP.

  • Calif. Drug Bill Would Frustrate Pharmacy Operations

    Roger N. Morris

    AB 2418 would add California to the growing list of states that allow patients to opt out of insurance requirements that oblige them to refill certain prescriptions through mail-order pharmacies rather than retail pharmacies, causing system and program changes for health plans, insurers and pharmacy benefit management companies, say attorneys at Quarles & Brady LLP.

  • OPINION: Advance Conflict Waivers Send Wrong Message

    Eric L. Lane

    If there is anything that would convince big law firms to ditch the advance conflict waiver, it is the financial bottom line. And I can assure you firms are losing new client opportunities because of these waivers, says Eric Lane of Green Patent Law.

  • The Frustratingly Elusive Nature Of Relatedness

    Kevin M. LaCroix

    The difficulty in the recent Westernbank case, as in all coverage cases involving relatedness issues, was determining what degree or quantum of relatedness is sufficient to make alleged wrongful acts interrelated, says Kevin LaCroix of RT ProExec.

  • How Hobby Lobby Ruling Impacts Calif. Employers

    Mary P. Antoine

    The U.S. Supreme Court's decision in Burwell v. Hobby Lobby offers no ammunition to those seeking to challenge state-enacted contraception mandates, nor is it likely that a closely held California corporation could try to duplicate the results of the ruling. While some states have enacted copycat statutes based off the Religious Freedom Restoration Act, California is not among them, say attorneys at Nossaman LLP.

  • Blocking Coverage From The Anti-Aggregation Rule

    Jonathan L. Schwartz

    Class actions based on consumer protection statutes regulating communications and personally identifiable information show no sign of abating. When considering litigation options in such cases the Anti-Aggregation Rule should play a significant role in the decision-making process since individual class members are unlikely to have a claim in excess of $75,000, says Jonathan Schwartz of Goldberg Segalla.

  • States May Be Moving To Expand The Federal Sunshine Law

    Meena Datta

    Connecticut’s recent statutory addition to the Physician Payment Sunshine Act demonstrates that the number of state disclosure laws may still be growing, particularly with respect to payments or benefits conferred to nonphysician practitioners. Although it is unclear whether other states will follow Connecticut’s lead, manufacturers should nonetheless position themselves to adapt quickly, say attorneys at Sidley Austin LLP.

  • A Year After Tiara, How Much Has Changed?

    Jamie Zysk Isani

    The dissenting Florida Supreme Court justices in Tiara Condominium Association Inc. v. Marsh & McLennan Companies grimly predicted that the court had opened the floodgates to negligence and fraud claims. Others cautioned restraint, citing Justice Barbara Pariente’s concurring opinion. More than one year later, let's see who has been proven correct, says Jamie Zysk Isani of Hunton & Williams LLP.

  • Employer Takeaways From High Court's Hobby Lobby Ruling

    Alana K. Ackels

    Because the U.S. Supreme Court in Burnwell v. Hobby Lobby Stores Inc. so clearly narrowed its holding to four abortifacient contraceptive methods, it will be difficult for employers to argue that the holding should be expanded to warrant denying coverage for other medical procedures or drugs on the basis of religious beliefs, says Alana Ackels of Nunnally & Martin LLP.