SEP SUMM --- READY FOR GRAPHICS --- Three prominent U.S. Supreme Court litigators speak on why the court’s bar continues to have a diversity problem – and how it might be fixed.
Remote arguments. Gorsuch siding with liberals on LGBTQ rights. A mysterious flush. It's been a surprising year at the high court, and Law360's The Term podcast team shares four big takeaways.
The Ninth Circuit on Tuesday partially resurrected a proposed class action claiming Kaiser wrongly refuses to cover any hearing loss treatment except cochlear implants, ruling that the policyholders had failed to show that Kaiser's plans are discriminatory but that it may be possible for them to amend their complaint to do so.
The U.S. Supreme Court saw a drop in narrowly divided rulings and more than a few unusual alliances among the justices in a term packed with contentious cases on abortion, immigration, LGBTQ rights and agency authority.
A California appeals court revived engineering company Santa Fe Braun Inc.'s bid to access dozens of excess insurance policies to cover its costs in asbestos personal injury suits, saying a recent ruling by the state's high court means Braun isn't required to exhaust all of its primary policies before it can tap into the excess coverage.
As regional spikes in COVID-19 cases continued to temper reopening efforts over the past week, California officials ordered the closure of a wide swath of businesses and unveiled plans to bolster firefighting reserves, while Florida Gov. Ron DeSantis held a roundtable with mayors following record-high positive test results over the weekend and New York launched a quarantine compliance initiative in airports.
Scottsdale Insurance Co. told a Texas federal court that it does not have to defend a $1 million suit accusing its policyholder, a day care company, of negligence for a child's death after being left in a hot bus, saying that the policy excludes injuries from any auto vehicle use.
A Washington federal judge on Tuesday tossed a suit by Travelers Property Casualty Co. of America against H.D. Fowler Co. over coverage for defective water pipes, saying the insurer couldn't sue to disclaim coverage because there isn't any sign yet that the contractor would be sued over the incident.
Society Insurance Inc. on Monday told an Illinois federal judge that a group of theaters and restaurants can't get coverage for their COVID-19-related business interruption claims because the policy provisions they cited haven't been triggered.
Laura Bange Stephens of Mintz Levin Cohn Ferris Glovsky and Popeo PC has been instrumental in securing major coverage and settlement decisions for Liberty Mutual Insurance Co., ranging from decades-old sexual abuse claims to bankruptcy issues, landing her among the insurance law practitioners under age 40 honored as Law360 Rising Stars.
The number of female lawyers arguing before the U.S. Supreme Court hit a new low this year. Can the pipeline to these coveted oral argument slots be fixed?
Test how closely you were paying attention to the explosive 2019-2020 Supreme Court term.
McDermott Will & Emery hired away the former co-chair of Quinn Emanuel Urquhart & Sullivan LLP's insurance and reinsurance litigation group to bolster the firm's growing litigation team.
Berkshire Hathaway and one of its units on Monday urged a Pennsylvania federal court to toss a restaurant's suit seeking insurance coverage for losses caused by the COVID-19 pandemic, arguing that a virus exclusion "plainly applies" to the restaurant's claims.
The Sixth Circuit on Friday upheld the certification of a class of State Farm policyholders who allege the insurer improperly depreciated the costs of labor when deciding the sum owed on their damaged or destroyed homes, agreeing with a lower court that class treatment is proper because the policyholders' claims involve a common legal question.
The majority of this term’s dissents came from the court’s right-leaning justices, and many of their sharpest critiques stemmed from suits over Trump administration policies. Here, Law360 looks at some of the fieriest.
The Eighth Circuit on Monday affirmed a lower court's toss of two women's proposed class suit claiming that Wellmark's handling of lactation support and counseling services ran afoul of the Affordable Care Act, saying their arguments in the case ran counter to the plain language of the law.
Securities litigation during the first half of 2020 has been dominated by cases related to the ongoing COVID-19 pandemic and its many effects on the economy.
The Tenth Circuit said Monday that Country Financial Insurance Corp. correctly calculated a Colorado homeowner association's loss from a 2016 hailstorm as more than $1 million, upholding the lower court's ruling that the insurer owes nothing because the repair cost did not exceed the policy's deductible.
Five biotechnology and medical device companies on Monday joined a packed schedule of initial public offerings, setting price ranges on IPOs estimated to raise a combined $501 million this week, guided by six law firms.
Justice Stephen Breyer conjured up a baffling hypothetical involving a Roman emperor, Chief Justice John Roberts stepped up his game on popular slang, and a toilet flushed loudly as a Latham & Watkins lawyer discussed constitutional rights. Here, Law360 highlights the most mirthful moments from this past term's U.S. Supreme Court arguments.
One justice again stood out as the chattiest member of the Supreme Court this term. But that jurist's talk was tempered when the coronavirus pandemic forced the court to close its doors and conduct remote oral arguments, which were livestreamed for the first time in history.
A class of buyers that reached a $51 million settlement with Allergan over allegations that it illegally kept generic rivals to its dry eye treatment Restasis off the shelves has asked a New York federal judge for more than $16 million in attorney fees and about $2 million in costs.
Covington & Burling LLP partner Dustin Cho has been instrumental in helping the NFL reach settlements with several of its insurers over coverage for former players' concussion claims, landing him a spot among the insurance practitioners under 40 honored as Law360 Rising Stars.
Law firm Clyde & Co. has brought on a new expert in cybersecurity and cybercrime from Pinsent Masons as part of its plan to boost its specialization in the field of virtual warfare as corporations face an increasing threat from online criminals.
Several insurance coverage decisions from the first half of the year, in addition to those discussed in a recent Law360 article, hold important lessons regarding courts' current stance toward commonly litigated insurance principles, arguments and strategies, say attorneys at Anderson Kill.
The COVID-19 pandemic and ensuing commercial litigation has resurfaced a discussion around the growing need for tailored force majeure and other contractual provisions specifically addressing climate change risks, which may be chronic, long-term or arguably foreseeable, say attorneys at Kirkland.
A ruling in favor of the defendant in Fast Trak Investment v. Sax, a case recently accepted by the New York Court of Appeals, could enable borrowers to avoid repaying litigation funders by claiming state usury law violations, say attorneys at MoloLamken.
Although many traditional business development activities are on hold due to the COVID-19 pandemic, associates should seize the unique opportunities of this time to cultivate business by strengthening their personal and professional relationships, and developing new ones, says Jeremy Schneider at Jackson Lewis.
In this moment of national recognition of historical institutional racism, the American Bar Association must implement a model rule that explicitly declares efforts to fight racism and advance equality to be a matter of attorneys' ethics and professional conduct, say Marc Firestone at Philip Morris International and David Douglass at Sheppard Mullin.
When evaluating the vast range of legal technology options available today, law firms will want to make sure that firm intellectual property and client data stored in the software are encrypted, isolated, protected through backups and in compliance with the ever-growing list of data regulations, say Eric Tucker and Dorna Moini at Documate.
An Ohio appeals court's recent decision in Acuity v. Masters Pharmaceutical fails to address an insurer's duty to indemnify policyholders embattled in opioid litigation, only amplifying the uncertainty surrounding insurance coverage for opioid judgments and settlements, say attorneys at Nicolaides.
With business development dinners and social events no longer viable for new lateral hires, law firms need a refreshed game plan — one that fully exploits the digital landscape, say Andrew Longstreth and Jesse Dungan at Infinite Global and Michael Coston at Coston Consulting.
As M&A transactions face increased scrutiny in the pandemic-stressed economic landscape, environmental due diligence must address changing business imperatives and reflect evolving health and safety concerns, says Michael Bittner at Ramboll.
The Federal Communications Commission recently established narrower boundaries for what counts as an automatic telephone dialing system, representing a step back from previous efforts to expand the Telephone Consumer Protection Act to meet new technology, say attorneys at Benesch Friedlander.
With the increasing use of channel-based platforms such as Slack, Messenger and Teams in the work-from-home era, companies should assume they may be compelled to produce channel-based data in litigation and take proactive steps to protect sensitive information, say Jessica Brown and Collin James Vierra at Gibson Dunn.
In addition to being faster and cheaper than litigation, arbitration may be the only ongoing means of resolving disputes during the pandemic, but these advantages can be lost if the arbitration clause in a contract fails to bind one or more parties to the transaction, say John Shope and Kevin Conroy at Foley Hoag.
With the likelihood that more and more jury trials will be held by videoconferencing in the near future, establishing four best practices now for effective, credible video trial testimony will ensure attorneys are ready when it's time for the oath, camera and action, say Christopher Green and Sara Fish at Fish & Richardson.
With the inundation of lawsuits resulting from the pandemic, now is an opportune time for companies and their advisers to implement prevention measures explicitly designed to break the dispute cycle early and to de-escalate possible legal actions as they form, says arbitrator and mediator Janice Sperow.
Although captive insurance can help address some of the traditional coverage gaps exposed by the current COVID-19 crisis, three Tax Court cases from recent years illustrate the Internal Revenue Service's hostility toward the entities, says Patrick McCann at Chamberlain Hrdlicka.