• July 26, 2017

    Fla. Hospitals' Old Suits Doom Coverage Bid, 11th Circ. Told

    A group of insurers on Wednesday urged the Eleventh Circuit to affirm a lower court decision that they don't owe coverage to a Florida health care system for suits alleging anti-competitive practices, saying the court followed precedent in holding the suits are not covered because they relate to prior litigation.

  • July 26, 2017

    NJ Justices Underscore Limits To Blocking Discovery Bids

    A New Jersey Supreme Court decision allowing hospitals to secure documents from Horizon Healthcare Services Inc. in litigation over the insurer’s tiered coverage plan should serve as a warning to lower appellate courts to largely avoid tackling whether an ongoing lawsuit will succeed when weighing bids to force discovery, experts say.

  • July 26, 2017

    Siemens Beats Suit Over $7M Bill For Busted Turbine

    A federal judge in Texas on Wednesday confirmed an arbitration award in favor of Siemens Energy Inc. stemming from a dispute between it and insurers Associated Electric & Gas Insurance Services Ltd. and ACE American Insurance Co. over who is liable for a $7.1 million payment made after a gas turbine broke down.

  • July 26, 2017

    Pharmacist Cops To $192M Tricare, Insurance Fraud

    A Mississippi pharmacist has pled guilty to taking part in a $192 million Tricare and insurance fraud by providing customers with compounded medications that weren’t needed, federal prosecutors said Tuesday.

  • July 26, 2017

    Aetna Faces Investor Suit Over ACA Marketplace Withdrawal

    Aetna Inc. was slapped with a putative class action in Pennsylvania state court on Tuesday alleging that it cost investors $1.7 billion by withdrawing from Affordable Care Act insurance exchanges to make good on threats aimed at coercing government approval of its now-defunct merger with Humana Inc.

  • July 26, 2017

    Small Cos. Slow To Pick Up Cyberinsurance, Lawmakers Hear

    Small businesses are increasingly being targeted by hackers, but they have been slow to obtain specialized cyberinsurance for those risks due to doubts about their level of vulnerability, insurance and cybersecurity, experts told a U.S. House of Representatives panel on Wednesday.

  • July 26, 2017

    Sunken Cargo Ship Owners Settle Claims Of FedEx, Others

    The owners of the S.S. El Faro, a cargo ship that sank near the Bahamas during Hurricane Joaquin in 2015, have settled claims over lost cargo brought by FedEx and others, according to documents filed Tuesday in Florida federal court.

  • July 26, 2017

    Ind. County's Frugal Firings Weren't Age Bias, 7th Circ. Says

    The Seventh Circuit on Wednesday affirmed the dismissal of a suit accusing Indiana’s Lake County of violating the Age Discrimination in Employment Act when it fired 28 retirement-age workers whose insurance threatened to torpedo its budget, saying the workers’ ages were incidental to their firing.

  • July 26, 2017

    Last-Ditch ACA 'Skinny Repeal' Gets Quick Blowback

    Republican efforts to salvage Affordable Care Act repeal legislation by passing a purported “skinny repeal” quickly encountered resistance from governors and insurers on Wednesday amid concern about its impact on coverage and premiums.

  • July 26, 2017

    Skadden, Sidley Guide $919M State National Sale To Markel

    U.S. insurer Markel Corp. said Wednesday it will purchase specialty insurer State National Insurance Co. in a deal worth $919 million, with Sidley Austin LLP and Skadden Arps Slate Meagher & Flom LLP representing the buyer and seller, respectively.

  • July 26, 2017

    UPMC Loses Appeal Bid In $300M Overbilling Arbitration Row

    The Pennsylvania Supreme Court said Tuesday it would not hear an appeal of a decision finding that the University of Pittsburgh Medical Center could not force Highmark Inc. into arbitration in a $300 million lawsuit accusing the health care giant of overbilling for chemotherapy drugs and services.

  • July 26, 2017

    How To Manage Health Care Costs And Keep Lawyers Happy

    Law firms could save a significant amount of money by reducing health benefit-related costs, but that can be difficult in an industry that expects premium workplace perks. Here, we look at three ways firms can trim their health care bills, while avoiding an uproar over cuts to benefits.

  • July 26, 2017

    Plaintiffs Bar Perspective: Kluger Kaplan's Bruce Katzen

    Defenses are becoming increasingly more complicated and sophisticated. The increase in the number of defenses a plaintiff will face during a case means cases are taking longer to be resolved and becoming more costly to litigate, says Bruce Katzen of Kluger Kaplan Silverman Katzen & Levine PL.

  • July 26, 2017

    UK Financial Watchdogs Expand Senior Manager Rules

    British financial regulators set out plans on Wednesday to broaden rules holding senior managers at banks and insurers accountable for misconduct inside their firms to encompass other financial services, including asset managers and brokers.

  • July 25, 2017

    ACA Repeal Bill Fails Badly In Senate

    Legislation to repeal and replace the Affordable Care Act went down to a stinging defeat late Tuesday despite major changes intended to placate both moderate and conservative Republicans.

  • July 25, 2017

    Insurers Want Coca-Cola Suit Over Nepal Losses Trimmed

    Lloyd’s of London urged a Georgia federal court Monday to pare down Coca-Cola’s breach of contract lawsuit alleging the insurer refused to cover losses from the 2015 Nepal blockade, arguing relevant law barred the beverage company's claims for attorneys’ fees and “redundant” damages for dealing in bad faith.

  • July 25, 2017

    8th Circ. Reverses Attys' Bad Class Deal Sanctions

    The Eighth Circuit on Tuesday overturned a rebuke and sanctions to lawyers who ended a class action against insurer USAA in Arkansas federal court in order to reopen and settle it in state court, saying dismissals of this type can't be questioned.

  • July 25, 2017

    Railroad Injury Row Covered Despite Defense Denial Notices

    A Georgia federal judge found Tuesday that Evanston Insurance Co. remains on the hook for the costs incurred by a railroad defending against a workplace injury suit thanks to a pair of poorly written rights reservation letters.

  • July 25, 2017

    Zurich Owes Defense In Condo Damage Suit, 11th Circ. Told

    A Florida condominium developer hit with a $4 million jury verdict over concealing building defects from a buyer told the Eleventh Circuit on Monday that Zurich American Insurance Co. should be required to cover its costs to defend the litigation, asserting that the buyer's suit alleged a covered accident resulting in property damage.

  • July 25, 2017

    Fla. Judge Slashes Suit Alleging Tricare False Claims Scam

    A Florida federal judge cited numerous deficiencies Monday in a False Claims Act suit alleging a nationwide scheme to defraud the federal Tricare health benefits program of hundreds of millions of dollars, slashing several counts and giving the would-be whistleblower limited opportunity to fix his claims.

Expert Analysis

  • ACA Repeal: Deciphering The Path Ahead

    Michael Parme

    There is simultaneously abundant content about Congress’ recent efforts to repeal and replace the Affordable Care Act and minimal information that would assist the casual observer to make an educated guess about where these efforts are headed. However, the U.S. Senate offered some insight Tuesday when it voted to move ahead with the health care debate, says Michael Parme of Haight Brown & Bonesteel LLP.

  • Weekly Column

    Innovating For Wise Juries: Discussions Before Deliberations

    Richard Lorren Jolly

    To be sure, allowing jurors to discuss evidence before final deliberations proved to be among the least popular of our recommended innovations. But empirical evidence belies these fears, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • NY Cybersecurity Rules: Preparing For The August Deadline

    Theodore P. Augustinos

    On Aug. 28, many entities and individuals regulated by the New York Department of Financial Services, and even those subject to certain of the exemptions, will be required to be in compliance with several of the new cybersecurity regulation’s requirements, says Theodore Augustinos of Locke Lord LLP.

  • Missouri's New Law Levels The Playing Field For Insurers

    Phillip Graham

    This month, Missouri Gov. Eric Greitens signed a bill modifying certain statutory provisions relating to settlement of tort claims. Insurers, coverage counsel and defense counsel should be familiar with the strict requirements of this new law to ensure an appropriate response is given to a compliant or deficient demand, say Phillip Graham and Meghan Lewis of Sandberg Phoenix & Von Gontard PC.

  • 5 Questions Firms Should Ask When Evaluating Litigation AFA

    Gregory Lantier

    Law firm management should understand the client’s reasons for requesting an alternative fee arrangement, and whether approving the fee will help grow the relationship with the client, say attorneys with WilmerHale.

  • For Law Firm Offices, Business Savvy Is The New Cool

    Craig Braham

    Having embraced the notion that the right space can reinforce the right firm culture, law firm leaders have been evaluating real estate primarily for its physical properties. However, it's hard to be collegial, even in the coolest of in-house coffee bars, if your cost structure is untenable, says Craig Braham of Advocate Commercial Real Estate Advisors LLC.

  • Fiduciary Rule's Impact On IRA Annuity Recommendations

    Fred Reish

    Here, attorneys with Drinker Biddle & Reath LLP focus on the prohibited-transaction exemptions that are available to broker-dealers when their registered representatives recommend annuities to individual retirement account investors and the factors that firms may want to consider in deciding which exemption to use during the new fiduciary rule’s transition period.

  • Insurance Can Protect Businesses From Geopolitical Risks

    Rukesh Korde

    Political and nonpayment risks have the potential to wreak havoc on international trade and investment, but if carefully navigated, they can lead to major investment opportunities. Political risk and export policies remove some of the guesswork, enabling companies to focus on their businesses with increased confidence, say attorneys with Covington & Burling LLP.

  • The Best Documents In Your Case May Be From 3rd Parties

    Wyatt Dowling

    Cases are built on evidence and evidence comes from discovery. But discovery is largely a voluntary process. Serving a document subpoena on a third party can be an efficient and creative way to fill in the gaps that may exist in the productions of opposing parties, says Wyatt Dowling of Yetter Coleman LLP.

  • Autonomous Vehicles And European Data Protection: Part 2

    Oliver Yaros

    Many industry stakeholders are interested in making use of the vast amount of data that will be generated by connected and autonomous vehicles. But the need for compliance with Europe's strict data protection laws will require a “privacy by design” and “privacy by default” approach, say Oliver Yaros and Ryota Nishikawa of Mayer Brown LLP.