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  • August 30, 2018

    $5M Fine Is Excessive, Ex-Life Partners CEO Tells Judge

    The former CEO of Life Partners Holdings Inc. disputed a Texas federal magistrate judge’s call for him to pay $5 million in fines, saying Wednesday that the judge got the law wrong and gave his stamp of approval to the U.S. Securities and Exchange Commission’s “trophy-hunting” mindset.

  • August 30, 2018

    Calif. Gets PhRMA's Challenge To Drug Pricing Law Axed

    A California federal judge on Thursday dismissed a suit by the Pharmaceutical Research and Manufacturers of America challenging a state drug pricing law, finding the industry organization was only able to speculate that its members would be harmed by the law.

  • August 30, 2018

    Insurer Slams Dallas Hotel For Spilling Secret Settlement Talk

    Ace American Insurance Co. asked a Texas court to strike parts of a developer's lawsuit over $8.5 million in disputed payouts for delays and setbacks in the Statler Hilton Hotel's $250 million renovation, slamming the hotel owners for citing allegedly confidential settlement discussions in the suit.

  • August 30, 2018

    Cosmetics Co. Says Insurer Owes Coverage In Cancer Suit

    A Georgia-based cosmetics producer has sued a subsidiary of CNA Financial Corp. in Georgia federal court, claiming the insurer breached their insurance agreement by refusing to cover the producer in a lawsuit alleging its talc-based cosmetics contained asbestos that caused cancer in a customer.

  • August 30, 2018

    AXA UK Faulted Over Builder's 'Negligent' Tennis Court Work

    French insurer AXA has served up a suit at a London court against its U.K. arm on behalf of a British construction company as it seeks approximately £1.1 million ($1.4 million) over damage allegedly caused to a tennis court at a venue that hosts a top-level women’s tournament.

  • August 29, 2018

    3 Small Mass. Firms Get $475K In Deal With Auto Insurer

    A Massachusetts federal judge granted final approval Wednesday to a settlement between Amica Mutual Insurance Co. and car insurance policyholders that could surpass $27 million but is on track to net a fraction of that figure, including $475,000 for three small Massachusetts law firms that hammered out the deal resolving a coverage dispute over medical expenses.

  • August 29, 2018

    5th Shot At MetLife Class Action Allowed To Move Forward

    A New York federal judge said Tuesday that the fifth iteration of a class action alleging that MetLife misled investors by underreporting life insurance death benefit liabilities could move forward, saying the investors had adequately pled that the insurer and its officers knew they were misrepresenting the company's financial health.

  • August 29, 2018

    Dictionary Aids Plane Parts Co. In $3.2M Coverage Bid Win

    A Virginia federal judge on Wednesday ruled that clouds of concrete dust that damaged an aircraft parts distributor’s warehouse constitute smoke, triggering an exception to a pollution exclusion in the company’s policy with a Nationwide unit and saving its claim for $3.2 million in property damage and business interruption losses.

  • August 29, 2018

    Allergan, Shire Spar Over Pfizer-J&J Antitrust Ruling

    Allergan and Shire are trading blows over a recent ruling that kept alive Pfizer’s antitrust suit against Johnson & Johnson over alleged coercion of health insurers, debating whether it lends credence to similar coercion allegations against Allergan.

  • August 29, 2018

    Calif. Hospital Group's Antitrust Suit Against Kaiser Nixed

    A California federal court judge on Tuesday tossed a lawsuit filed by a San Francisco Bay Area hospital group that accuses Kaiser Foundation Hospitals Inc. and its insurer of creating a monopoly on health care in the state, finding that the hospital group failed to allege that it’s been harmed by the alleged antitrust violations.

  • August 29, 2018

    Insurer Can’t Prorate Asarco Asbestos Coverage, Judge Says

    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 in a single year, a New York judge has ruled, refusing to restrict the insurer’s coverage to a proportional share of the trust’s total recovery.

  • August 29, 2018

    Insurer Cites Banks' Axed Forex Suit In Bid To Nix ERISA Row

    Great-West Life & Annuity Insurance Co. on Wednesday told the Tenth Circuit that a recent appellate court ruling that several major banks weren’t fiduciaries in an Employee Retirement Income Security Act suit supported the insurer’s win in a class action over how it distributed investment profits to 401(k) plan participants.

  • August 29, 2018

    Attys Dodge Construction Co.'s Malpractice Suit In BP MDL

    A Louisiana federal judge found that a law firm embroiled in its own legal troubles wasn’t responsible for a construction company missing a deadline to sue BP PLC in sprawling multidistrict litigation over the 2010 Deepwater Horizon oil spill, tossing a legal malpractice suit against the firm and its attorneys.

  • August 29, 2018

    Life Partners Atty Says He's Not To Blame For CEO's Bad Acts

    The former top lawyer for bankrupt life settlement trader Life Partners Holdings Inc. urged a federal judge in Texas to reject a report and recommendation from a magistrate judge that he be held liable for the “bad actions” of the company's former CEO, who was found liable for securities violations.

  • August 29, 2018

    NJ Insurance Broker Sued Over Dump Truck Worker Policy

    A New Jersey dump truck company has sued its workers' comp insurance agent in state court, saying the agent failed to procure a policy that would have covered an employee's injury in New York.

  • August 29, 2018

    Rising Star: Wiley Rein's Leland Jones

    Wiley Rein LLP partner Leland Jones obtained an Eleventh Circuit victory for a liability insurer in a contaminated-medicine case and helped a client win a Ninth Circuit ruling in litigation over the meaning of “professional services,” making him one of five insurance attorneys under 40 to land on Law360's list of Rising Stars.

  • August 28, 2018

    Aetna Ducks Pediatrix Suit Over Claims Payments, For Now

    A Florida federal judge on Monday trimmed a suit brought by national pediatric services provider Pediatrix Medical Services Inc. alleging Aetna Inc. has engaged in a systematic scheme to pressure and manipulate medical providers to reduce claims payments.

  • August 28, 2018

    6th Circ. Won't Rethink Travelers' Cybercrime Coverage Loss

    The Sixth Circuit on Tuesday declined to review a panel’s decision that Travelers must cover more than $800,000 that a tool manufacturer lost when cybercriminals posing as a vendor used fraudulent emails to deceive the company into wiring money to a sham bank account.

  • August 28, 2018

    How Kavanaugh Helped Shape Bush-Era Tort Reform

    D.C. Circuit Judge Brett Kavanaugh spent most of his time during his stint in the Bush White House dispensing legal advice, but documents released this month as part of his U.S. Supreme Court confirmation process show he also worked on legislative efforts to overhaul class action jurisdiction and terrorism insurance.

  • August 28, 2018

    Allstate To Pay $30M After Mo. Court OKs Auto Wreck Award

    The same day a Missouri appellate panel affirmed a $37.5 million award in a suit accusing a motorist of negligently causing a highway accident resulting in a man’s paraplegia, Allstate Insurance Co. agreed to pay a $30.5 million settlement to resolve the issue, the injured man’s attorney said Tuesday.

Expert Analysis

  • DOJ's Health Care Enforcement Initiative Is Still Going Strong

    Melissa Jampol

    Last month, the U.S. Department of Justice released the results of its ninth annual health care fraud takedown, an aggregation of criminal, civil and administrative health care-related actions. It appears that the DOJ and its law enforcement partners are sticking to many of the same enforcement areas that were central to last year's takedown, say Melissa Jampol and George Breen of Epstein Becker Green.

  • Protecting Employee Benefit Plans With Cyber Insurance

    Laura Fischer

    Employment benefit plans rely on a variety of service providers to administer benefits, making them vulnerable to cyberattacks. Plan sponsors should ensure that their employee benefit plans have as many levels of protection as possible, including fiduciary liability insurance, fidelity bonds and cyber liability insurance, says Laura Fischer of Spencer Fane LLP.

  • Congressional Forecast: July

    Layth Elhassani

    While Senate hearings on the nomination of Brett Kavanaugh to the U.S. Supreme Court will draw much attention during July, Congress remains very busy with fiscal year 2019 appropriations bills. The chambers may go to conference this month on the first of several appropriations "minibuses," says Layth Elhassani of Covington & Burling LLP.

  • What Kavanaugh's Writing Tells Us About His Personality

    Matthew Hall

    People with certain personality traits tend to use certain words. A computer analysis of Judge Brett Kavanaugh’s D.C. Circuit opinions reveals that he is highly extraverted, which means that he would be a prominent voice on the U.S. Supreme Court, says Matthew Hall, a professor at the University of Notre Dame.

  • Opinion

    3 Pros, 3 Cons Of Litigation Finance

    Ralph Sutton

    An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.

  • AmEx Ruling May Have Big Impact On Health Insurance

    David Garcia

    There are a number of ongoing antitrust cases involving health insurance networks that may be susceptible to the type of two-sided market analysis described by the U.S. Supreme Court last month in Ohio v. American Express, say David Garcia and Nadezhda Nikonova of Sheppard Mullin Richter & Hampton LLP.

  • How Health Insurance Affects Minimum Wage In Nevada

    Rick Roskelley

    In MDC v. Eighth Judicial District Court, the Nevada Supreme Court clarified the conditions under which Nevada employees may pay a lower tier minimum wage. However, the court also created a potentially confusing new requirement defining health insurance under the state's minimum wage amendment, say Rick Roskelley and Kathryn Blakey of Littler Mendelson PC.

  • Modern Communication Brings E-Discovery Challenges

    Thomas Bonk

    As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.

  • Inside Kavanaugh's Merger Challenge Dissents

    Timothy Gray

    In the D.C. Circuit's Anthem and Whole Foods cases, U.S. Supreme Court nominee Judge Brett Kavanaugh disagreed with his colleagues’ decisions to block the contemplated mergers, suggesting an antitrust jurisprudence leery of excessive enforcement activity, say Timothy Gray and Melissa Ginsberg of Patterson Belknap Webb & Tyler LLP.