• November 17, 2017

    'Country Club' Strip Joint, Insurer Agree To Shed Suit

    An insurance company and a strip club agreed Friday in Mississippi federal court to end a suit accusing the club of misrepresenting itself as a country club and failing to disclose over $400,000 in liens, with the insurer refunding the club its premium payment and saying the policy was invalid from the outset.

  • November 17, 2017

    Insurer Needn't Defend Law Firm In Ambulance-Chasing Suits

    A unit of The Hartford doesn’t have to defend a law firm facing two proposed class actions over ambulance-chasing allegations tied to state crash records, after a North Carolina federal court ruled Friday that two exclusions “entirely foreclose” coverage.

  • November 17, 2017

    Insurer Doesn't Owe Defense Of Data Breach Suit, Judge Says

    The Hanover Insurance Co. doesn't have to defend Innovak International Inc. in a proposed class action claiming the information technology company failed to prevent a 2016 data breach that compromised users' personal information, a Florida federal judge ruled Friday, saying coverage doesn't exist because the data wasn't allegedly published by Innovak.

  • November 17, 2017

    Treasury Advises FSOC Take 'New Approach' To Nonbanks

    The U.S. Department of the Treasury on Friday called for the Financial Stability Oversight Council to take a “new approach” to safeguarding the financial system, urging the Dodd-Frank Act-created panel to shift away from tagging nonbank financial firms for tougher regulatory scrutiny and instead take an industrywide view that looks at particular products and activities.

  • November 17, 2017

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen a consulting firm sue the shareholder rights group that challenged the Royal Bank of Scotland, Lehman Brothers' bankrupt European unit take on HMRC, and three reinsurers lodge a claim against Petroleos de Venezuela's captive insurer. Here, Law360 looks at those and other new claims in the U.K.

  • November 17, 2017

    Disney Can Arbitrate 'Pink Slime' Coverage Row

    A California federal judge on Friday granted The Walt Disney Co.'s request to arbitrate a dispute over $25 million in coverage toward a settlement with a beef company over an ABC news story that dubbed the company's beef byproduct "pink slime," one day after hearing arguments on the motion.

  • November 16, 2017

    Clerical Error Frees Insurers From Coverage Row: 11th Circ.

    Two insurers are still off the hook from defending a company that owns a Miami dock from an underlying personal injury suit, the Eleventh Circuit ruled Thursday, affirming a lower court’s decision that found a clerical error preempted coverage for the company.

  • November 16, 2017

    ChinaCast Ch. 11 Confirmation Delayed Over Filing Issues

    The judge presiding over the bankruptcy case of ChinaCast Education Corp. abruptly adjourned the company's Chapter 11 plan confirmation hearing on Thursday, finding the debtor’s last-minute request for approval of a shareholder settlement and a post-petition financing adjustment troubling.

  • November 16, 2017

    Jury Should Hear Condo Defect Battle, Wash. Court Says

    A Washington federal judge Thursday declined to put a quick end to a dispute between a pair of insurers and a condominium association over liability for 30 years of rain damage, saying a jury will have to sort out the coverage.

  • November 16, 2017

    Famed Houston Trial Lawyer Steve Mostyn Dies At 46

    Prominent Houston trial lawyer and Democratic donor Steve Mostyn, who made his mark battling insurance companies in storm damage lawsuits brought by homeowners, committed suicide Wednesday, according to an announcement posted on his law firm's website Thursday. He was 46.

  • November 16, 2017

    AIG Says Disney Can't Arbitrate 'Pink Slime' Coverage Row

    AIG on Thursday urged a California federal judge to deny The Walt Disney Co.'s request to arbitrate a dispute over $25 million in coverage toward a settlement with a beef company over an ABC news story that dubbed its beef byproduct “pink slime,” saying Disney’s petition fails to include the news outlet and the reporter.

  • November 16, 2017

    Tempur-Sealy, Insurer Settle Class Action Coverage Dispute

    Tempur-Sealy International Inc. reached an agreement with its liability insurer Wednesday to resolve a dispute before the Ninth Circuit over the costs of defending against a proposed class of consumers accusing the mattress company of lying in marketing materials.

  • November 15, 2017

    VisionAid Can't Get Own Atty In Firing Suit, 1st Circ. Says

    VisionAid Inc.'s insurance carrier doesn't have to pay for a lawyer of the company's choice to handle its defense of a fired executive's discrimination suit, the First Circuit ruled on Wednesday, rejecting VisionAid's contention that the attorney previously appointed by the insurer has a conflict of interest.

  • November 15, 2017

    Senate Tax Bill Moving Through Markup Amid Dem Protests

    The Senate GOP’s $1.4 trillion tax cut bill moved closer the chamber floor Wednesday after Republicans on the Senate Finance Committee shot down Democratic amendments protesting a last-minute provision repealing the individual mandate of the Affordable Care Act.

  • November 15, 2017

    AIG Unit Must Face Construction-Defect Coverage Suit

    A California appellate court on Tuesday revived general contractor McMillin Management Services LP's bid for coverage of construction defect claims under its subcontractors' policies with an AIG unit, while affirming a lower court's decision that a second insurer has no duty to defend McMillin.

  • November 15, 2017

    Quest Row Shows High Court's Antitrust Paradox, Judge Says

    A proposed class of patients accusing Quest Diagnostics Inc. of maintaining a lab services monopoly told an appellate panel Wednesday that a lower court incorrectly acted as “a gatekeeper” by dismissing its suit, prompting a Ninth Circuit judge to lament the U.S. Supreme Court’s “de facto different standard for antitrust cases.”

  • November 15, 2017

    House Committee Presses Acosta On OT, Fiduciary Rules

    Labor Secretary Alex Acosta’s comments Wednesday at a U.S. House of Representatives workforce committee hearing on his agency’s priorities were short on policy specifics, including only nuggets of information on key labor issues such as the agency’s rules on overtime pay and retirement savings advice.

  • November 15, 2017

    Geico Hit With Auto Repair Shop Price-Fixing Suit

    Geico has reached unlawful agreements with a group of preferred auto collision repair shops to fix the maximum price of repairs and steer policyholders from competing repair shops, a competing shop claimed in Oregon federal court Tuesday.

  • November 15, 2017

    Dubai Bank Fights 9/11 Victims' Bid For Account Records

    Dubai Islamic Bank has urged a New York federal judge not to make it hand over information from certain accounts with alleged connections to terrorism to victims of the 9/11 terrorist attacks, saying that the requests are either irrelevant to claims against it or had already been waived.

  • November 15, 2017

    Condo Rot Coverage Ruling Unclear, Insurers Say

    Great American Assurance Co. and Greenwich Insurance Co. on Tuesday asked a Washington federal court to reconsider a ruling that left them scratching their heads, as a judge found two policies worth roughly $6.7 million may or may not cover rot in a condo community.

Expert Analysis

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • Gauging NJ Insurance Brokers' Standard Of Care Since Sandy

    Gary Strong

    When a catastrophe strikes and insurance companies either deny coverage or limit the coverage provided, the insurance broker is in the crosshairs of what can turn out to be a litigious claim. Gary Strong of Seiger Gfeller & Laurie LLP explores the duty of insurance brokers in New Jersey and how these duties come into play, particularly after Superstorm Sandy.

  • Illinois Biometrics Privacy Suits Bring Insurance Questions

    Jonathan Schwartz

    In the past two years, we witnessed a wave of putative class actions filed under Illinois’ Biometric Information Privacy Act, with the rate of filings increasing exponentially in recent months. Insurers should take note of their potential coverage obligations under various policies, say Jonathan Schwartz and Colin Willmott of Goldberg Segalla LLP.

  • An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • Calif.'s New Focus On Drug Pricing Transparency

    John Chelsey

    California Gov. Jerry Brown recently signed SB-17, a law intended to foster transparency in connection with drug pricing and its impact on insurance costs. The law imposes significant new reporting requirements on many drug manufacturers, pharmacy benefit managers, and health care service plans and health insurers operating in California, say attorneys with Ropes & Gray LLP.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.

  • The Case For Creating A Mediation Department At Your Firm

    Dennis Klein

    There are at least four reasons supporting the need for some form of a mediation group within a law firm, especially in firms with larger practices, according to Dennis Klein, owner of Critical Matter Mediation and former litigation partner at Hughes Hubbard & Reed LLP.

  • Washington's Definition Of Improper Rebates May Shift

    Shawn Hanson

    A Washington administrative law judge's ruling in the ongoing Zenefits case last month suggests that Washington is possibly beginning to fall into line with larger states in the anti-rebate area, say Shawn Hanson and Nicholas Gregory of Akin Gump Strauss Hauer & Feld LLP.

  • How Tax Reform Could Impact The Health Care Industry

    Peter Furci

    The U.S. House and Senate have now both detailed their tax reform plans, and both plans could have significant effects on the health care industry. Lower corporate tax rates could benefit companies in the health sector, but changes to the orphan drug tax credit and medical expense deduction would be damaging, say attorneys at Debevoise & Plimpton LLP.

  • Being There: Defending Depositions

    Alan Hoffman

    Defending depositions is challenging. The lawyer is the only shield and protector for the witness and the client. The rules of engagement are less than clear, and fraught with ethical perils. Difficult judgment calls often must be made in the heat of battle. This is where lawyers really earn their keep, says Alan Hoffman of Husch Blackwell LLP.