Facing pandemic-battered poll numbers and a looming election, President Donald Trump announced executive orders Friday aimed at finally fulfilling a 2016 campaign promise to sharply cut drug prices, but the proposals came with escape clauses that could prevent them from becoming reality.
A New York hospital system on the front lines in the fight against the COVID-19 pandemic sued a unit of Chubb Insurance on Friday, saying the insurer strung the health care provider along for two months before wrongfully denying its claim for the cost of dealing with the virus.
The Tenth Circuit ruled Friday that benefits plan administrators must be upfront about what benefits their employees are entitled to and must include discretionary authority clauses that let insurers interpret coverage policies, reviving a lawsuit seeking reimbursement for mental health treatment expenses.
Metropolitan Development Group is reportedly selling a Pennsylvania recreational facility for $8.2 million, a Lincoln Property venture is said to be starting construction of a Massachusetts life sciences project and Scion Group has reportedly landed $35 million in financing for student housing properties in Michigan and South Carolina.
Conformis is using an osteoarthritis patient as a means to compel Aetna to cover the medical device manufacturer's knee replacements, the insurer argued in trying to dismantle most of a suit claiming it flouted federal benefits law and committed trade libel.
Financial adviser Shurwest LLC has gotten a win in a dispute with its insurer over coverage in 11 suits by investors alleging it played a part in a former employee's scheme to market structured cash flow products from another company, with an Arizona federal judge ruling that the insurer has a duty to defend the suits.
A Minnesota federal judge has said Beazley Insurance Co. must face Sherwin-Williams Co.'s suit seeking coverage for losses sustained when a former employee stole $3.5 million through inflated invoices, holding the paint company's policy exclusions do not apply.
John Hancock must face a proposed class action alleging it packed employees' 401(k) plan with pricey, proprietary investment options that cost workers over $10 million in bloated administration fees and lost profits, a Massachusetts federal judge has ruled.
The past week in London has seen Hermes and other retailers hit MasterCard with an antitrust suit, a packaged baked goods maker sue BNP Paribas and two fintechs go to court. Here, Law360 looks at those and other new claims in the U.K.
The Eighth Circuit on Thursday affirmed a Minnesota man's conviction of making a murder threat to a federal judge, rejecting his arguments that his statements were privileged because he had been speaking with his attorneys and ruling that threats of violence don't "fall under the scope of attorney-client privilege."
A Delaware vice chancellor quashed late Thursday subpoenas aimed at rapper Jay Z's Roc Nation entertainment company and law firm Quinn Emanuel Urquhart & Sullivan LLP in connection with a Centene Corp. stockholder's Chancery Court suit for access to company records on prison health care service oversight.
A New York judge has ruled that Carlyle Group affiliates cannot tap into excess insurance from underwriters at Lloyd's of London to cover part of the nearly $396 million in crude oil they lost when a Moroccan oil refinery was seized in 2015, holding that the losses did not trigger the policy's coverage for theft.
Two construction companies asked an Illinois federal judge Wednesday to find that Lexington Insurance Co. should cover the more than $1 million they spent repairing a concrete defect during a bridge replacement project in Washington, D.C., arguing the insurer improperly rejected their claim.
A group of Midwestern colleges slapped Zurich American Insurance Co. and Factory Mutual Insurance Co. with two proposed class actions Thursday, seeking a declaration that their policies worth upwards of $300 million should cover their millions in financial losses amid COVID-19.
Geico is facing a lawsuit from drivers over allegedly excessive COVID-19 premiums, Florida's largest teachers union is suing state officials to block the "reckless and unsafe" reopening of schools next month and Celebrity Cruises has settled a class action alleging it failed to protect its workers during the coronavirus pandemic.
The latest in a tidal wave of lawsuits over pandemic-related insurance issues, a Philadelphia restaurant accused Seneca Insurance Co. in state court on Tuesday of refusing to provide promised coverage after the eatery was forced to shut down as a result of the COVID-19 outbreak.
The government of Colombia is auctioning off a $366 million real estate portfolio in what is the country's largest real estate offering in more than a decade, according to an announcement on Thursday from debt marketplace DebtX, which has been hired to sell the assets.
A Missouri federal judge won't let Warden Grier LLP trim down a suit from an insurance company alleging it mishandled a 2016 cyberattack that exposed private information, saying Thursday that suing a law firm does not turn all the insurer's claims into legal malpractice.
A hospitality group has hit Hartford Fire Insurance Co. with a proposed class action in Connecticut federal court, saying the company has failed to issue coverage for catastrophic COVID-19 losses that threaten the survival of the group's dine-in restaurants, wine bars and cafes.
The Eleventh Circuit on Thursday affirmed that a pollution exclusion in a general contractor's policy with Southern Owners Insurance Co. bars coverage for a suit alleging the builder's negligent work on a domestic violence shelter caused an employee to be injured by construction debris.
Merchants Mutual Insurance Co. urged a New Jersey federal judge Thursday to toss a restaurant's suit seeking coverage for COVID-19 business interruption, arguing that other courts have denied claims involving "strikingly similar" policies.
A toxicology lab, two of its owners and an addiction treatment facility have agreed to pay about $1.2 million to put to rest UnitedHealthcare's claims that they conspired to cheat insurers out of millions of dollars.
An Ohio insurer urged an Illinois state court Wednesday to declare it has no duty to defend or indemnify an Illinois-based supplier of dehydrated produce and other foods from claims the company's fingerprint timekeeping system violates the state's landmark biometric privacy law.
Lawsuits from across Pennsylvania accusing Erie Insurance Exchange of improperly denying businesses coverage for losses due to the COVID-19 pandemic will be coordinated in Allegheny County, a state court judge ordered Thursday.
A Texas hospital is suing its insurance company, saying it was wrongfully denied coverage after an employee allegedly stole nearly $2 million by making fraudulent orders for medical supplies.
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.
On the heels of the Illinois Department of Insurance's recent call for leniency for policyholder claims related to recent riots, vandalism and civil commotion, insurers should expect heightened scrutiny of coverage disputes and policyholders should be prepared to submit extensive proofs of claims, say attorneys at Neal Gerber.
With demand for telemedicine skyrocketing during the pandemic, health care providers should not be lulled into complacency regarding data privacy simply because the U.S. Department of Health and Human Services has relaxed its standards, as pre-pandemic practices may be inadequate, says Geoffrey Lottenberg at Berger Singerman.
It has long been the law that attorneys cannot use percentage rental agreements because doing so would constitute an impermissible sharing of fees with nonlawyers, but such arrangements can help lawyers match expenses with revenues in lean times like now, say Peter Jarvis and Trisha Thompson at Holland & Knight.
Some policyholders seeking coverage for losses stemming from COVID-19 are arguing that virus exclusions are invalid due to regulatory estoppel, but this theory lacks substance and threatens to undermine formal clarifications of insurance policy intent, say Jonathan Schwartz and Colin Willmott at Goldberg Segalla.
A California state appellate court's recent decision in Masellis v. Law Office of Leslie F. Jensen provides a road map for proving causation and damages in settle-and-sue legal malpractice cases — an important issue of long-standing confusion, says Steven Berenson at Klinedinst.
While courts have been reluctant to grant discovery in Employee Retirement Income Security Act benefits cases in the past, textual-minded judges questioning the legitimacy of judicially created doctrines are increasingly allowing more discovery, says Mark DeBofsky at DeBofsky Sherman.
In light of legislative and public pressure in the U.S. and U.K. on insurers to cover business interruption losses related to COVID-19, reinsurers will face new questions regarding their obligation to cover claim payments, say Robin Dusek at Saul Ewing and Susie Wakefield at Shoosmiths.
Mediation conducted online with participants in different states makes it harder to determine where communications were made, increasing the risk that courts will apply laws of a state that does not protect mediation confidentiality, say mediators Jeff Kichaven and Teresa Frisbie and law student Tyler Codina.