Insurance

  • June 24, 2022

    NJ Panel Reverses Casino's Virus Coverage Suit Victory

    A New Jersey state appeals panel ruled that an Atlantic City casino and resort operator's suit for pandemic coverage should have been dismissed by a lower court that found the casino plausibly alleged it sustained the kind of direct damage required for coverage.

  • June 24, 2022

    Patients Slam UnitedHealth's Bid To Keep 9th Circ. Order Alive

    UnitedHealth Group Inc. relied on contradictory arguments in its defense of the Ninth Circuit's decision unraveling court orders requiring the insurer's subsidiary to reprocess thousands of claims for mental health and substance use disorder treatment, plan participants have argued, doubling down on imploring the appeals court to revisit its ruling.

  • June 24, 2022

    Judge OKs $34M Avis Rental Insurance Settlement

    A Florida federal judge recommended granting preliminary approval Friday on a $34 million settlement Avis Budget Car Rental LLC struck with rental car purchasers that would end the long-running class action over alleged insurance coverage fraud.

  • June 24, 2022

    NH Medical Society Denounces Insurers' COVID-19 Science

    The New Hampshire Medical Society blasted arguments from insurers that COVID-19 can be easily removed, telling the state's high court that the arguments amount to "junk science."

  • June 24, 2022

    UnitedHealth Overpayment Recovery Defies ERISA, Suit Says

    UnitedHealth Group Inc. regularly offsets overpayments to providers from certain health plans by withholding payments to those providers from other health plans, a practice that lines the pockets of the insurer and violates federal benefits law, according to a proposed class action filed Friday in Minnesota federal court

  • June 24, 2022

    Roofers Test Fla. Insurance Bills In Constitutional Challenges

    Home repair contractors who say that the Florida Legislature favored the insurance industry too much with a set of new laws this spring struck back with a set of constitutional challenges in a trio of suits asking courts to block the new rules, arguing they shortchange contractors' and homeowners' rights.

  • June 24, 2022

    AIG Settles Fight With Colonial Pipeline Over $67M Gas Leak

    AIG Specialty Insurance Co. and Colonial Pipeline Co. have settled their dispute in the Northern District of Georgia in relation to a $67 million gas pipeline leak, following a mixed bag ruling at the summary judgment stage.

  • June 24, 2022

    11th Circ. Gives Berkshire Split Ruling In $4M Coverage Case

    The Eleventh Circuit affirmed a ruling that a Berkshire Hathaway unit and Wells Fargo must pay $4 million to a Florida woman's estate over an illegally procured life insurance policy, although Berkshire can continue arguing that it should be entitled to recover premiums it paid on the policy.

  • June 24, 2022

    Restaurant Co. Denied NY High Court Bid In Virus Appeal

    A New York appellate court denied a restaurant operator's request to take its COVID-19 coverage appeal to the state's highest court.

  • June 24, 2022

    Wash. Justices To View Long-Awaited Virus Coverage Issues

    Policyholders and insurers will turn their attention to Washington's top court on June 28 as the justices consider whether a pediatric dental practice was insured for losses caused by government-imposed restrictions during the COVID-19 pandemic, in a venue policyholder attorneys have long hoped would prove friendly to their clients.

  • June 24, 2022

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

    This week in London has seen promoter Boxxer accused of punching below the belt in a defamation case from competitor Probellum, pharmaceutical company Amgen back in the ring in a patent claim from rival Pfizer, and a former Cambridge Analytica boss on the ropes in a claim from an SPV set up by the consultancy firm's former directors. Here, Law360 looks at these and other new claims in the U.K.

  • June 24, 2022

    Supreme Court Overturns Roe v. Wade

    The U.S. Supreme Court on Friday upheld a Mississippi abortion ban and overturned the constitutional abortion right established nearly 50 years ago in Roe v. Wade, setting the stage for a widespread rollback of abortion rights in many statehouses around the country.

  • June 23, 2022

    Balwani Rips Feds' 'Incomplete' Case As Trial Nears End

    Ex-Theranos executive Ramesh "Sunny" Balwani's attorney concluded the third day of his closing arguments in Balwani's criminal fraud trial Thursday, arguing that the government's "incomplete" case selectively focused on former employees and investors who portrayed themselves as heroes or victims to the "radioactive" Theranos, even though they were once its cheerleaders.

  • June 23, 2022

    Insurer Asks 11th Circ. To Nix $60M Surgery Death Claim

    A Georgia federal court properly rejected a man's bid to recover a $60 million judgment against a medical practice stemming from a liposuction-related death from the practice's insurer, the insurer told the Eleventh Circuit, asking the panel to affirm the lower court's decision.

  • June 23, 2022

    Insurer Wants Out Of Gaming Co.'s Equity Dispute Settlement

    An RSUI unit doesn't have to cover Rush Street Gaming's settlement with an executive who said he was denied an equity stake after the casino company went public, the insurer told an Illinois federal court, saying a liability policy excludes coverage for claims related to compensation and employment agreements.

  • June 23, 2022

    11th Circ. Upholds Ga. Arcade's Pandemic Coverage Loss

    A Georgia-based arcade company lost its appeal for coverage of its pandemic losses Thursday when an Eleventh Circuit panel ruled that the company failed to allege the kind of direct physical loss required for coverage under its Cincinnati policy.

  • June 23, 2022

    Steel Co.'s Insurer Wins Coverage Fight Over Injury Suit

    A New York federal judge ruled that a general contractor facing personal injury claims by a steel subcontractor's employee can't tap into additional-insured coverage under the subcontractor's policy.

  • June 23, 2022

    Judge Hints Wawa Virus Case Fate Lies In NJ Appeals Rulings

    The future of Wawa Inc.'s amended complaint seeking coverage for coronavirus-related losses rests largely on recent state appellate rulings favoring insurers after a New Jersey state judge questioned Thursday why those victories for the opposition shouldn't dismantle its case.

  • June 23, 2022

    Zurich Fights La. Helicopter Co.'s Virus Coverage Appeal

    Zurich urged the Fifth Circuit to uphold the dismissal of a Louisiana-based helicopter service company's suit seeking to recover COVID-19-related business interruption losses, after a state appeals panel handed a New Orleans restaurant owner a rare win in its own pandemic coverage suit.

  • June 23, 2022

    Live Nation Says Insurer's Bid To Trim Virus Suit Is Tone-Deaf

    Live Nation told a California federal judge Wednesday to tune out Factory Mutual Insurance Co.'s renewed request to trim its COVID-19 coverage suit, saying the "new" rulings cited by the insurer are irrelevant to its case.

  • June 23, 2022

    Judge Approves $1B Surfside Deal, Holds Off On Fee Request

    The judge overseeing the consolidated litigation over the collapse of the Champlain Towers South condominium in Surfside, Florida, approved a $1.02 billion global settlement on Thursday, but said he would not rule on a $100 million fee request from class counsel until after he had completed the claims process with victims.

  • June 23, 2022

    Cyprus Mines Wins Ch. 11 Stay Of Actions Against Parent

    Talc producer Cyprus Mines Corp. received approval Thursday from a Delaware bankruptcy judge to extend the automatic stay of litigation against its nondebtor parent company to stop the prosecution of claims for talc injury against the parent.

  • June 23, 2022

    Developer Asks Judge To Rethink Pollution Exclusion Ruling

    A land developer and its owner urged a Georgia federal judge to rethink a ruling awarding summary judgment to an insurer in a coverage fight over runoff that allegedly damaged a woman's pond, arguing a trial should determine if sediment is a pollutant excluded by the policy.

  • June 22, 2022

    Giuliani Associate Lev Parnas Urges No Prison At Sentencing

    Former Rudy Giuliani associate Lev Parnas is hoping to avoid prison time when he's sentenced next week for campaign finance violations as well as conspiring to defraud investors in his anti-fraud startup, arguing that he'd cooperated with Congress with its impeachment inquiry into former President Donald Trump.

  • June 22, 2022

    Balwani's Atty Tells Jury Romance With Holmes Not A Crime

    Former Theranos executive Ramesh "Sunny" Balwani's attorney told a California federal jury during closing arguments in his criminal fraud trial Wednesday that Balwani's romantic relationship with ex-CEO Elizabeth Holmes doesn't prove he committed a crime, noting their text messages never say, "Let's do crime, let's cheat people, let's deceive people."

Expert Analysis

  • Opinion

    Now's The Time To Address Archaic Law School Curricula

    Author Photo

    With law school enrollments jumping significantly ahead of a potential recession and more students graduating than the market can absorb, law schools should turn to creative solutions to teach students how to negotiate, work with clients, specialize and use technology to practice their craft more efficiently, says University of Colorado adjunct professor Jason Mendelson.

  • Lessons From Lawyer Fee-Sharing Agreements Gone Wrong

    Author Photo

    The recent fee-sharing dispute between Edelson and Girardi Keese is a reminder that lawyers who do not strictly follow the applicable rules may risk a disciplinary complaint, lose their share of the fee, or wind up in costly litigation with co-counsel, says David Grossbaum at Hinshaw.

  • LeClairRyan Bankruptcy Highlights Pass-Through Tax Issue

    Author Photo

    A Virginia bankruptcy court's recent ruling in the case of defunct law firm LeClairRyan shows there may be serious tax consequences for pass-through entity partners who give up their ownership interest without following operating agreement exit provisions and updating bankruptcy court filings, say Edward Schnitzer and Hannah Travaglini at Montgomery McCracken.

  • 8 Steps To Creating A Legal Ops Technology Road Map

    Author Photo

    Legal departments struggling to find and implement the right technologies for their operations should consider creating a road map that summarizes their approach to technology changes, provides clearly defined metrics for success, and serves as the single source of truth for stakeholders, says Melanie Shafer at SimpleLegal.

  • The Importance Of Data And Data Analysis In Litigation

    Author Photo

    Understanding, analyzing and effectively presenting large data sets is an increasingly important skill in litigation as it allows plaintiffs to dramatically scale up the scope of cases and is often critical to defeating motions to dismiss and motions for summary judgment, says David Burnett at Motley Rice.

  • Limiting Liability When Using Volunteers: Key Points For Orgs

    Excerpt from Practical Guidance
    Author Photo

    Nonprofits can be liable for their volunteers' actions and omissions, even when volunteers are acting outside the scope of their duties — but organizations have an array of tools at their disposal to mitigate such risks, and should deploy them thoughtfully, say Rosemary Fei and Geena Yu at Adler & Colvin.

  • Steps Companies Can Take To Mitigate Privilege Labeling Risk

    Author Photo

    Although Google prevailed on a recent privilege labeling sanctions motion, an important takeaway from the decision is that companies should assess their in-house procedures and employee training programs regarding privileged communications to mitigate risks of the potential appearance of bad faith privilege claims, say Gareth Evans at Redgrave and e-discovery attorney James Hertsch.

  • What Litigation Funding Disclosure In Delaware May Look Like

    Author Photo

    A standing order issued by Delaware's chief federal judge requiring litigants to disclose whether their cases or defenses are being financed by third parties is unlikely to have onerous effects but may raise questions regarding potential conflicts of interest and access to justice, say Cayse Llorens and Matthew Oxman at LexShares.

  • How To Avert Unlawful Poaching Amid Rising Antitrust Risks

    Author Photo

    Despite the uptick in labor market antitrust enforcement actions, no-poach agreements can be helpful in preventing unfair competition resulting from misuse of confidential or competitively sensitive information — when tailored appropriately and used with best practices to reduce risk, say attorneys at Ropes & Gray.

  • How In-House Legal Leaders Can Drive Corporate Growth

    Author Photo

    Today, more executives are seeking legal leaders who are strategic, adaptable thinkers, making it essential that in-house counsel get out of their comfort zone of legal advice and take several steps to contribute toward revenue growth and raise their profile, says Tim Parilla at LinkSquares.

  • Opinion

    Calif. Bill On Protective Orders Threatens Privacy Norms

    Author Photo

    California's Public Right to Know Act — seeking to make discovery in product and environmental cases presumptively public — would upend the current regime of court protective orders necessary for compliance with national and international privacy laws, and undermine U.S. efforts to reach a data transfer treaty with the EU, say Patrick Oot and Phil Goldberg at Shook Hardy.

  • Attorneys Should Tread Carefully On Job Counteroffers

    Author Photo

    Promises of more compensation to keep attorneys from leaving their jobs have become commonplace in today's hot job market, but lawyers should weigh their options carefully as accepting a counteroffer can negatively affect their reputation, says Leeron Molloy at VOYlegal.

  • Series

    The Future Of Legal Ops: Time To Get Serious About Data

    Author Photo

    Most corporate legal departments collect surface-level data around their operations, such as costs and time to resolution, but legal leaders should explore more in-depth data gathering to assess how effective an attorney was, how efficiently legal work was performed, and more, says Andy Krebs at Intel.

  • Skinny Labels' Future May Hinge On Teva Petitioning Justices

    Author Photo

    Generic-drug makers may get much-needed clarity on their use of so-called skinny labels, which only seek approval for unpatented uses, if Teva Pharmaceuticals petitions for certiorari in the GlaxoSmithKline Coreg case by its July 11 deadline, says Paul Kalish at Fox Rothschild.

  • 6th Circ. ERISA Ruling Shows Scope Of Fiduciary Liability

    Author Photo

    The Sixth Circuit's recent partial revival of a widow's lawsuit alleging Walmart violated federal benefits laws serves as a stark reminder of how those who are only supposed to perform ministerial functions can inadvertently expose themselves to fiduciary liability by undertaking fiduciary actions, say Samantha Kopacz and Nhan Ho at Miller Canfield.

Want to publish in Law360?


Submit an idea
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!