• July 22, 2014

    Pa. High Court Clears Bankrupt Insurer In $12M Warranty Row

    Pennsylvania's high court on Monday freed defunct Reliance Insurance Co. from covering nearly $12 million in product warranty reimbursement claims from Warrantech Consumer Products Services Inc., interpreting for the first time a section of the state insurance insolvency statute.

  • July 22, 2014

    Aspen Tells Shareholders To Reject Endurance Proposals

    Aspen Insurance Holdings Ltd. again expressed opposition to rival insurer Endurance Specialty Holdings Ltd.’s $3.2 billion hostile takeover bid, releasing a letter Monday that urged its shareholders to reject a pair of Endurance's proposals.

  • July 22, 2014

    Insurer Sues 23andMe To Duck Coverage Of DNA Test Suits

    An insurer for 23andMe Inc., the genetic testing service recently chastised by the U.S. Food and Drug Administration for selling an unapproved test that could lead to dangerous, false results, sought to distance itself Monday from false-ad claims and a government probe targeting 23andMe.

  • July 22, 2014

    4th Circ. Contradicts DC Circ. In ACA Subsidies Debate

    The Fourth Circuit on Tuesday determined that the federal government could subsidize insurance premiums on the federal Affordable Care Act exchange because the tax credits support the mission of the health care reform law, coming in conflict with a D.C. Circuit opinion released just hours before.

  • July 22, 2014

    RLI Skirted Shareholder Vote On Stock Options, Suit Says

    A pension fund on Monday launched a proposed class action accusing RLI Corp. of lowering the strike price of its employee stock options without first getting the go-ahead from shareholders, potentially diluting the value of their shares in the specialty insurer.

  • July 22, 2014

    2nd Circ. Revives $510M Travelers Asbestos Settlement Bill

    The Second Circuit on Tuesday enforced bankruptcy court agreements binding Travelers Property Casualty Corp. to pay up to $510 million to thousands of asbestos injury plaintiffs, ruling that the pacts weren’t invalidated when the insurer subsequently lost certain liability protection.

  • July 22, 2014

    German Insurer Can Continue To Fight $15M HIV Settlement

    An Illinois federal judge on Friday refused to end Baxter International Inc.’s suit alleging German insurer AXA Versicherung AG breached its duty to defend and indemnify a $15.2 million judgment in an underlying suit alleging Baxter’s contaminated blood products infected users with HIV and the hepatitis C virus.

  • July 22, 2014

    Judge Axes Sen.'s Suit Over ACA Exemptions For Congress

    A Wisconsin federal judge on Monday tossed a suit by by Sen. Ron Johnson, R-Wis., seeking to block allegedly special treatment for federal lawmakers under the Affordable Care Act, saying the lawmaker couldn't prove he suffered an injury to have standing to bring suit.

  • July 22, 2014

    ACA Exchanges Dealt Blow As DC Circ. Limits Subsidies

    A divided D.C. Circuit on Tuesday ruled that consumers shopping on Affordable Care Act exchanges run by federal regulators cannot have their insurance premiums reduced by federal tax credits, a major decision that once again clouds the landmark law's future.

  • July 22, 2014

    Retirees Vote In Support Of Detroit's Bankruptcy Exit Plan

    The creditor vote on Detroit’s proposal to restructure $18 billion in debt revealed broad worker and retiree support Monday for the city's momentous bankruptcy exit plan ahead of a highly anticipated confirmation trial.

  • July 21, 2014

    Humana Looks To Toss Medicare Advantage FCA Suit

    Humana Inc. has asked a Florida federal judge to toss a whistleblower suit brought by a physician accusing the insurer of submitting fraudulent claims for payment through the Medicare Advantage program, claiming the suit fails to state a plausible theory demonstrating Humana’s liability under the False Claims Act.

  • July 21, 2014

    Allstate Urges Pa. To Ban Bad-Faith Claim Assignments

    Allstate Property & Casualty Insurance Co. on Friday urged the Pennsylvania Supreme Court to forbid policyholders from assigning their claims under a state bad-faith insurance law to injured parties, arguing that a ruling in the opposite direction could create a windfall for plaintiffs.

  • July 21, 2014

    The Biggest Health Care Cases Of 2014: Midyear Report

    Courts during the first half of 2014 handed down a number of important rulings that will shape the hottest topics in health care, including provider consolidation, employee benefits under the Affordable Care Act and the availability of attorney-client privilege in False Claims Act litigation.

  • July 21, 2014

    MBIA Loses Bid For 'Key' Docs In Credit Suisse RMBS Suit

    A New York judge on Friday denied MBIA Insurance Corp.'s bid to compel Credit Suisse Securities (USA) LLC to hand over "highly relevant" documents in a lawsuit claiming the bank lied about how it processed loans for mortgage-backed securities, saying MBIA has already received enough documents to litigate its case.

  • July 21, 2014

    SEC's Dodd-Frank Duties Fade As Other Reforms Take Focus

    Despite pledges to make the Dodd-Frank Act a priority, the head of the U.S. Securities and Exchange Commission has proven to be no faster than her predecessor at pushing through the financial reform law’s rulemaking, though experts say that’s not necessarily a bad thing. This is Part 2 of a five-part series on the four-year anniversary of the Dodd Frank Act.

  • July 21, 2014

    HHS Formalizes 340B Policy As Court Fight Continues

    The U.S. Department of Health and Human Services on Monday released a new regulation requiring drugmakers to discount so-called orphan drugs when hospitals use them for conditions that aren’t rare, hoping to skirt a recent court decision that called the 340B program policy into question.

  • July 21, 2014

    Starr Denied Goldman Docs In $55B Suit Over AIG Bailout

    A U.S. Court of Federal Claims judge has closed the door to further discovery in Starr International Co. Inc.'s $55 billion suit against the U.S. government over the American International Group Inc. bailout, rejecting Starr's attempt to access more information from Goldman Sachs & Co.

  • July 21, 2014

    Kinder Morgan Unit Sues Insurers Over NC Spill Cleanup

    Plantation Pipe Line Co. on Friday slapped two of its excess liability insurers with a lawsuit claiming they improperly refused to cover the company for cleanup costs from a 1975 pipeline leak in North Carolina, accusing one insurer of blatantly ignoring the claim in bad faith.

  • July 21, 2014

    NH Suit To Block US From $194M Bankruptcy Deal Advances

    A New Hampshire federal judge on Monday rejected the U.S. government’s attempt to escape the state insurance commissioner’s lawsuit seeking to block the U.S. from taking a cut of $194 million set aside for claims arising from Home Insurance Co.’s bankruptcy.

  • July 21, 2014

    Key Democrats Tell 5th Circ. To Nix GOP Donor's ACA Suit

    Democratic lawmakers urged the Fifth Circuit to reject a prominent Republican donor’s suit challenging the constitutionality of the Affordable Care Act, saying that Congress followed the proper legislative procedures to enact the law and that there were no such violations of the origination clause.

Expert Analysis

  • 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.

  • Legal Forms And IP Rights: Yours, Mine, Ours Or Theirs?

    Linda Kaufman Gollub

    The practice of law has changed dramatically due to the mobility of employees, the consolidation and disintegration of firms, and the easy transfer of data with computerization and the Internet. While the need to create a contract to protect a client’s rights and interests is still paramount, the lawyer’s rights in the created document itself are becoming less protected, say Linda Kaufman Gollub of Kaufman Gollub LLC and Robert Pay... (continued)

  • Medicaid Act May Offer Cause Of Action Against Rate Cuts

    Anthony J. Galdieri

    By inviting courts to rule directly on issues pertaining to Section 13(A) of the Medicaid Act, the Secretary of the U.S. Department of Health and Human Services has effectively conceded that the section should be enforced by private parties, casting significant doubt on federal court decisions reaching the opposite conclusion, says Anthony Galdieri of Nixon Peabody LLP.

  • The ACA Still Has Its Day In Court, Now Over Subsidies

    Mark M. Trapp

    Challenges to the Affordable Care Act's tax credits and copayment subsidies continue to make their way through courts, with rulings expected soon. If a case were to reach the U.S. Supreme Court and it were to strike down the ACA's subsidies, states could establish their own exchanges to qualify for the established subsidies, say attorneys at Epstein Becker Green LLP.

  • Why Texas Insurers Need To Report Fraudulent Hail Claims

    G. Brian Odom

    A degree of difficulty is often associated with delineating between outright property insurance fraud at one end of the claim spectrum and what could reasonably be perceived as “overzealous pricing” at the other end. Despite this difficulty, insurance professionals must follow through in reporting fraud in the context of hail damage claims, says Brian Odom of Zelle Hofmann Voelbel & Mason LLP.

  • A Step Toward Alleviating Growing Discovery Problems

    Steve Schmelkin

    Recent proposed amendments to the Federal Rules of Civil Procedure — including revisions to Rules 26(b) and 37(e) — could be pivotal in streamlining e-discovery, and could provide a more sensible and simplified set of preservation and disclosure guidelines, says Steve Schmelkin of Clutch Group.

  • First Read On Same-Sex Spouse Health Benefits Post Windsor

    John H. Wilson

    An essential element in Roe v. Empire Blue Cross Blue Shield was that the Employee Retirement Income Security Act is not an anti-discrimination law — had such a federal law existed the outcome likely would have been different. Should such a law come to be, employers with self-insured health plans will likely be unable to rely on Roe to exclude same-sex spouses from coverage, say John Wilson and Matthew Clyde of Buchanan Ingersoll & Rooney PC.

  • Lawyers And Email: Ethical And Security Considerations

    Scott Aurnou

    The specter of attorney-client privilege has a long and well-respected history in litigation — but means nothing at all to a hacker. According to a recent LexisNexis survey, 77 percent of firms rely on “Delete this email if you are not the intended recipient” or similar language in the body of emails to secure them, which essentially does nothing to protect firm or client data from any nefarious actors who view it, says Scott Aurno... (continued)