• September 20, 2016

    Insurer Aims To Dodge Liability In Philly Building Collapse

    An insurer told a Pennsylvania state court Monday that it shouldn’t have to indemnify the demolition contractor implicated in a fatal 2013 Philadelphia building collapse because he was convicted of manslaughter in the disaster.

  • September 20, 2016

    Stakeholders Dig In Over Fate Of Molycorp's Calif. Mine

    The battle over the fate of Molycorp Minerals LLC’s idled 19,000-acre rare earth mine in California heated up Monday with insurers, investors, regulators and a bankruptcy trustee all questioning calls to toss the firm from Chapter 11 or convert the proceeding into a Chapter 7 liquidation.

  • September 20, 2016

    Ex-Tech Execs' Deals Are Covered Losses, NY Judge Says

    A New York federal judge has ruled amid a jury trial that settlements a surveillance technology company's ex-directors executed to resolve litigation alleging the company failed to pay a business partner are covered losses under a Beazley directors and officers insurance policy.

  • September 20, 2016

    Huntington Says Insurer Can’t Pick Firm For Asbestos Suits

    Huntington Ingalls Inc. told a Louisiana federal judge Monday that the insurer handling claims stemming from various asbestos liability lawsuits should not be allowed to decide which law firm represents the shipbuilder, saying any choice made by the insurer would create a conflict of interest.

  • September 20, 2016

    Convicted Doc Says He Wasn’t Given Fair Shot At Defense

    A dermatologist serving a seven-year prison sentence after an Illinois federal jury found that he lied to Medicare and private insurers about the necessity of precancerous skin treatments said he wasn’t able to present evidence that he acted in good faith when approving the treatments and on Tuesday asked the Seventh Circuit to overturn his conviction.

  • September 20, 2016

    Insurer Needn't Cover Contaminated Cheese Row, Suit Says

    Harleysville Worcester Insurance Co. filed suit in New York federal court Monday contending that it isn’t responsible for providing coverage for two actions against a trucking company over the delivery of milk contaminated with metal pieces, allegedly leading to more than 360,000 pounds of cheese being exposed.

  • September 20, 2016

    Hotel Says Insurer Can't Get Quick Win In Hail Coverage Suit

    A Crowne Plaza hotel next to the Houston Astrodome that says it suffered uncompensated hail damage in an April 2013 storm urged a Texas federal judge on Monday to reject its insurer’s bid to beat the suit, saying the motion involves “sleight of hand.”

  • September 19, 2016

    Tesoro Dodges Insurer's Spill Negligence Suit At 9th Circ.

    A Ninth Circuit panel on Monday affirmed a lower court’s dismissal of a negligence suit lodged by insurer North of England P&I Club against Tesoro Refining and Marketing alleging the company didn’t properly contain and clean up an oil spill in the Port of Long Beach in 2011.

  • September 19, 2016

    UnitedHealth Plan Holders Win Class Cert. In ERISA Suit

    A California federal judge on Monday certified a class of UnitedHealth Group Inc. health plan participants accusing the company of improperly denying mental health and substance abuse treatments in violation of the Employee Retirement Income Security Act, saying the claims shared common factors worthy of classwide adjudication.

  • September 19, 2016

    7th Circ. Urged To Free Insurer From Construction Defect Row

    Westfield Insurance Co. asked the Seventh Circuit on Monday to reverse an Illinois federal court's ruling that it must defend the developers and contractors that worked on a Chicago condominium building in an underlying construction defect lawsuit, asserting that its policy doesn't cover damage to the project itself.

  • September 19, 2016

    Orion Wellness Program Voluntary, Judge Says In EEOC Suit

    Orion Energy Systems Inc. beat one of several claims from the U.S. Equal Employment Opportunity Commission on Wednesday when a Wisconsin federal judge found that its wellness program was voluntary, though he also said that the EEOC can apply its new rules on such programs retroactivity.

  • September 19, 2016

    Atty Denied Botched-Patent Suit Coverage After Alleged Lies

    The insurer of an Illinois-based patent and trademark attorney facing at least one underlying malpractice action was let off the hook for any possible coverage Monday after a federal judge concluded the attorney had misrepresented material facts on his insurance applications.

  • September 19, 2016

    Insurer Fights Army Depot Injury Coverage At 5th Circ.

    United Fire & Casualty Co. on Monday urged the Fifth Circuit to upend a lower court's decision that the insurer must cover half a general contractor's costs to defend a lawsuit over injuries a steel worker suffered at a construction site on a U.S. Army base in Texas.

  • September 19, 2016

    Greenberg Traurig Nabs Ex-Trenk DiPasquale Litigation Pro

    Greenberg Traurig LLP has bolstered its Philadelphia office with a former Trenk DiPasquale Della Fera & Sodono PC partner focused on representing clients in securities actions, unfair competition cases, business and employment disputes, product liability matters and insurance coverage claims, the firm announced.

  • September 19, 2016

    Ex-MLB Star Schilling To Settle Suit Over 38 Studios Debacle

    Former baseball pitcher Curt Schilling, his business associates and insurer Starr Indemnity and Liability Company have agreed to pay $2.5 million to settle litigation brought over a disastrous plan to have Rhode Island help finance his video game company 38 Studios, according to court documents filed Monday.

  • September 19, 2016

    Navigators Insurance Hit With $14M Shipwreck Coverage Suit

    Wal-Mart Stores Inc., Pfizer Inc., and insurers for Tyson Foods, The Vitamin Shoppe and others sued Navigators Insurance Co. in Florida federal court on Monday over $14.1 million worth of goods lost in a shipwreck last October on the way from Jacksonville, Florida, to San Juan, Puerto Rico.

  • September 19, 2016

    Blue Cross Says Standing Issue Already Raised In $26M Suit

    Blue Cross Blue Shield of Louisiana on Friday stood by its request for judgment in its favor, reconsideration or a new trial after a jury found for Encompass Office Solutions Inc. in a $26 million contract suit, blasting claims that it is questioning the surgical services provider's standing for the first time.

  • September 19, 2016

    Freshfields Reps AIG On $240M Sale, Part Of $1.1B Deal

    Freshfields Bruckhaus Deringer LLP represented American International Group Inc. on the insurer's $240 million sale of its stake in property insurance firm Ascot Underwriting Holdings Ltd. and the entire Ascot subsidiary Ascot Corporate Name Ltd. to Canada Pension Plan Investment Board, part of a $1.1 billion sale of Ascot to CPPIB.

  • September 19, 2016

    Insurance Broker Can't Escape Suit By Blinded Hockey Player

    The company that brokered the Federal Hockey League policy that has left one partially blinded player scrambling for insurance coverage may be held liable if it is found that the policy doesn’t cover the player’s injury, an Illinois federal judge ruled Monday.

  • September 19, 2016

    Conn. Justices Say Worker Comp Insurers Can Sue 3rd Parties

    Workers' compensation insurers that have paid benefits to an injured worker on an employer's behalf have the right to sue third parties that are allegedly responsible for the injury to try to recover those payments, the Connecticut Supreme Court ruled Monday.

Expert Analysis

  • REBUTTAL: Establishing Standards And Norms In Mediation

    William A. Ruskin

    A recent Law360 guest article asks whether by signing a mediation confidentiality agreement a lawyer surrenders the power to protect his client against inappropriate mediation conduct. The short response to this concern is that parties to a mediation should refuse to execute such an agreement that removes all future recourse against the mediator, no matter how egregious the mediator’s actions, says William Ruskin of Gordon Rees Scu... (continued)

  • Funding Litigation And Treatment: Leveling The Playing Field?

    Kari L. Sutherland

    In an environment where many believe access to the courts can be at least somewhat dependent on a person’s financial viability, does outside financing of litigation level the playing field between the Davids and Goliaths? Or is it the resurrection of a practice that even the Athenians deemed impolitic? asks Kari Sutherland of Butler Snow LLP.

  • Health Republic’s Curious Liquidation: Part 3

    James Veach

    The New York Supreme Court recently decided that outside counsel and third-party administrators should post contracts and administrative costs online in order to help policyholders understand how Health Republic's assets are being spent. Creditors' committees are necessary for helping policyholders keep an eye on the Health Republic estate's expenses, says James Veach at Mound Cotton Wollan & Greengrass LLP.

  • State Of Texas Legal Market: Litigation Trends

    Michael K. Hurst

    Litigation in the Texas energy sector has increased substantially as a result of the drop in oil prices. The trends reflect a market reality where all participants, including contractors, insurers, lenders, partners and employees, are forced to embrace “lower for longer” pricing, say Michael Hurst and Jonathan Childers of Lynn Pinker Cox Hurst LLP.

  • Defining Attorney-Client Relationships In The Electronic Age

    Elizabeth Fitch

    As technology has advanced, the ways in which attorneys communicate with clients, potential clients, former clients and the public has created new and ill-defined issues relating to whether an attorney-client relationship exists. Attorneys Elizabeth Fitch and Theodore Schaer discuss the often nebulous yet hazardous concepts that could lead to malpractice issues.

  • State Of Texas Legal Market: It Isn’t Just About Oil

    Geoff Schuler

    Some market watchers believe that law firms with significant energy-related practices have experienced precipitous declines in revenue and profits due to the dip in oil prices. Yet, firms continue to be bullish on Texas, and those still looking for a point of entry will jump at the right opportunity, say consultants with LawVision Group LLC.

  • Litigation Privilege And Good Faith Under California Law

    Joan M. Cotkin

    Understanding the intersection between litigation privilege and the obligation of good faith and fair dealing can be tricky. In California, there is substantial case and statutory law immunizing bad faith communications, but a small sliver of bad faith conduct may still be actionable, according to Joan Cotkin and Steven Knott of Nossaman LLP.

  • 4 Reasons Law Firm Business Development Initiatives Fail

    Adam Donovan

    By understanding four common reasons why law firm business development initiatives fail, we can more accurately define success, avoid pitfalls, and improve return on investment, says Adam Donovan, senior manager of patent business strategy at Fish & Richardson PC.

  • 5 Insurance Issues To Consider In Tech Transactions

    Darren S. Teshima

    Technology services and software companies face a variety of insurance issues while negotiating licenses and other service agreements, particularly in this era of data breaches and cloud computing. There are five primary issues to keep in mind in order to safeguard company success, says Darren Teshima of Orrick Herrington & Sutcliffe LLP.

  • The Psychological Edge Of Relieving Stressed Jurors

    Roy Futterman

    To guide overwhelmed jurors toward a calm, logical defense verdict in a high-stakes case, an attorney can apply the same psychological techniques that were developed in the treatment of substance abuse, says Dr. Roy Futterman, a clinical psychologist and director at DOAR Inc.