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Insurance

  • April 22, 2019

    3rd Circ. Says Transit Co. On Hook For Chocolate Mess

    A Third Circuit panel said a transportation company couldn’t wiggle out of liability for a melted chocolate delivery, ruling that the company was stuck paying for the muck even though it didn't convey the candy.

  • April 22, 2019

    NRA Says NY Regulator Is Impeding Its Lloyd's Subpoenas

    The National Rifle Association has asked for a New York federal court's help subpoenaing material from Lloyd's of London underwriters for the organization's lawsuit alleging New York authorities have tried to snuff it out, saying the state's financial services regulator is interfering with discovery by resisting service of those subpoenas.  

  • April 22, 2019

    Law Firm Called 'Jilted Lover' By Ex-Partner Defends Suit

    An Illinois insurance defense law firm labeled a “jilted lover” by a former partner has urged a state court not to toss its case alleging the attorney stole $2.4 million in business by poaching clients before officially walking out the door, arguing that it has properly asserted its claims.

  • April 22, 2019

    Hogan Lovells Snags Drinker Biddle M&A Atty In Philly

    A prominent dealmaker in the insurance business and former leader at Drinker Biddle & Reath LLC has plans to expand his global reach after joining Hogan Lovells in Philadelphia this month, he said.

  • April 22, 2019

    Underwriter Deal Bad For Pet Insurer, Chancery Told

    One of the founders and ousted CEOs of pet insurance business Fetch Inc. said Monday he has the company’s best interests at heart in bringing a suit in Delaware Chancery Court to rescind what he contends is a bad deal with an underwriter that will cost the company millions.

  • April 22, 2019

    5th Circ. Won't Rethink Insurer's Loss In H-2A Worker Row

    The Fifth Circuit refused Monday to revisit its decision that a Louisiana insurance company must pay $2.5 million to two foreign laborers who were hurt while working at a sugar cane farm.

  • April 22, 2019

    Real Estate Rumors: MassMutual, BBX Capital, Dashlane

    MassMutual has reportedly leased roughly 46,000 square feet in Manhattan, BBX Capital is said to have sold a Florida building and two vacant sites for $17 million, and password management company Dashlane is reportedly taking 16,625 square feet in New York.

  • April 22, 2019

    Insurers Seek To Lift Stay Amid J&J Talc Injury Suits

    A group of insurance companies asked a Delaware bankruptcy court to allow a California state action to proceed to determine to what extent Johnson & Johnson talc supplier Imerys Talc can draw on disputed liability policies as it defends itself from thousands of asbestos-related personal injury claims.

  • April 22, 2019

    Yale Law Criticizes Trump Birth Control Rules At 9th Circ.

    Yale Law School’s reproductive health program has urged the Ninth Circuit not to reinstate Trump administration rules allowing employers with religious or moral objections to avoid providing workers with birth control under the Affordable Care Act, backing a group of states who challenged the rules.

  • April 19, 2019

    Lloyd's Syndicates To Pay $22M To End Antitrust Claims

    Several Lloyd's of London syndicates have agreed to pay $22 million to settle class claims they were conspiring with insurance brokers to conceal exorbitant commissions and the anti-competitive nature of their market, according to a filing Friday in New Jersey federal court.

  • April 19, 2019

    Geico Seeks To Decertify Fla. Class In Wrecked Vehicles Case

    Geico asked a Florida federal judge to reconsider his certification of a class of Florida drivers suing over the auto insurer's alleged failure to pay the full replacement cost of cars totaled in accidents, saying the court misunderstood a crucial argument of the drivers.

  • April 19, 2019

    2nd Circ. Kills $5M Deal Award Against Brazilian Reinsurer

    The Second Circuit has declined to enforce a $5 million settlement award against reinsurer IRB Brasil Resseguros SA, finding that it was not a party to the agreement between insurer National Indemnity Co. and steelmaker Companhia Siderurgica Nacional.

  • April 19, 2019

    11th Circ. Tosses Underpayment Class Action Against Geico

    The Eleventh Circuit on Friday threw out a class action accusing Geico of under-reimbursing health care providers for their services, holding that the lead plaintiff lacked standing to bring the suit in the first place.

  • April 19, 2019

    Ex-Delta Flight Attendant Sues Aetna For Yanking Benefits

    A former Delta Airlines flight attendant sued Aetna Friday in Tennessee federal court, alleging the insurer violated the Employee Retirement Income Security Act by cutting off his disability benefits after 13 years.

  • April 19, 2019

    Blue Cross Attacks Janssen Prostate Cancer Drug ‘Monopoly’

    Blue Cross Blue Shield accused Janssen Biotech of misusing patent infringement suits to keep generic versions of prostate cancer drug Zytiga at bay, telling a Virginia federal judge the drug giant tricked the government into issuing a new patent on the treatment.

  • April 19, 2019

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

    The last week has seen private equity giant Terra Firma sue its former CEO, the FSCS take on shuttered investment manager Bentley-Leek, and an Italian insurer lodge a commercial fraud claim against a financial services firm that lost its U.K. authorization. Here, Law360 looks at those and other new claims in the U.K.

  • April 18, 2019

    $8M Hurricane Harvey Insurance Claim Sent To Arbitration

    Insurers knee-deep in a dispute over an $8.4 million Hurricane Harvey-related property damage claim can take the matter into arbitration, a Texas federal judge has ruled, following a magistrate judge's recommendation earlier this month.

  • April 18, 2019

    Chubb Off The Hook For Abusive Developer's Legal Bills

    A real estate developer from Aspen, Colorado, who pled guilty to a domestic violence charge lost a bid to force his insurer, a Chubb unit, to pay the legal bills he incurred during a related civil lawsuit brought by the victim, the Tenth Circuit decided Thursday.

  • April 18, 2019

    NY Court Upholds Insurer's Setback In Asarco Asbestos Row

    A trust tasked with securing payouts on asbestos injury claims against Asarco LLC can pursue the full limits of excess policies that defunct Midland Insurance Co. issued to the mining company, a New York state appellate court affirmed on Thursday.

  • April 18, 2019

    Toss Taxpayer's Overbilling Suit For Good, Blue Cross Urges

    A taxpayer’s fourth attempt to advance claims that Blue Cross Blue Shield of Illinois’ parent company overbills the city of Chicago for health insurance payments made on behalf of city employees should be tossed for good, the company said Wednesday.

Expert Analysis

  • Inside DOJ's Recent Charitable Copay Foundation Settlements

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    On April 4, the U.S. Department of Justice announced three settlements of False Claims Act cases, offering a glimpse into the ways the DOJ believes pharmaceutical companies have used charitable copay foundations to cover copays of government health program beneficiaries, circumvent anti-kickback laws and artificially bolster high drug prices, say attorneys with Skadden.

  • State Net

    Court Battles Slow Trump Health Care Rollbacks

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    A D.C. federal court recently struck down Trump administration waivers allowing two states to impose work requirements on Medicaid recipients. The case is part of a larger partisan struggle in which President Donald Trump and Republican state attorneys general continue their efforts to dismantle Obamacare, says Lou Cannon of State Net Capitol Journal.

  • Opinion

    Jury Trials Are In Decline For Good Reason

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    A recent Law360 article reported on federal judges bemoaning jury trials' nationwide decline, but these laments are unfounded as jury trials have been replaced by better alternatives, says J.B. Heaton of J.B. Heaton Research.

  • Series

    Why I Became A Lawyer: A Circuitous Path To The Law

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    Instead of going to college after high school, I followed in my father’s footsteps and became an electrician. Later I became an electrical engineer, and then an IP attorney. Every twist and turn along the way has made me a better lawyer, says Joseph Maraia of Burns & Levinson.

  • Miss. Insurers Should Beware The Voluntary Payment Doctrine

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    Recent decisions from the Fifth Circuit and Mississippi Supreme Court in Colony v. First Specialty illustrate that an insurer attempting to hedge its bets by voluntarily paying a settlement amount while also disputing coverage may risk precluding itself from seeking indemnity, say David Kroeger and Huiyi Chen of Jenner & Block.

  • Series

    Judging A Book: Conrad Reviews 'The Jury Crisis'

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    In "The Jury Crisis," jury consultant and social psychologist Drury Sherrod spotlights the vanishing jury trial, providing a fascinating canary-in-the-coal-mine warning for lawyers, litigants and society at large, says U.S. District Judge Robert Conrad of the Western District of North Carolina.

  • DOL's Overtime Rules: What To Expect For High-Paid Workers

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    Proposed updates to the U.S. Department of Labor's overtime rules require that employees earning between $100,000 and $147,414 meet stricter standards to qualify for exemption. Stephen Bronars and Deborah Foster of Edgeworth Economics discuss jobs that may be affected and why the threshold will likely continue to grow.

  • Timing Is Key For Texas Insurers Accepting Agents' Liability

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    Recent Texas federal court decisions show that insurers seeking to preclude lawsuits against their agents and ensure matters are removable to federal court should adopt sole responsibility in response to the required presuit notice letters, say Brett Wallingford and Hanna Kim of Zelle.

  • Revamping Your Approach To Client Development

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    As a former general counsel for both public and private companies, my advice to law firm attorneys who want to attract and keep clients is simple — provide certain legal services for free, says Noel Elfant, founder of General Counsel Practice.

  • What Lawyers Must Know Before Acting As Escrow Agents

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    The moment an attorney agrees to serve as an escrow agent for a client, the attorney assumes some of the most important obligations in the legal profession. Significantly, these obligations potentially extend to third parties who are not clients, say Scott Watnik and Michael Contos of Wilk Auslander.