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  • September 5, 2018

    Texas Judge Promises Quick Decision On ACA's Fate

    A Texas federal judge said Wednesday that he'll soon issue a ruling on whether the Affordable Care Act will sink or swim, after a hearing in which 20 Republican-led states argued the ACA's individual mandate doesn't pass constitutional muster and the entire law should be struck down.

  • September 5, 2018

    Solera Pursues $51M Coverage For Del. Appraisal Action

    Solera Holdings Inc. has sued its directors and officers insurance carriers in Delaware state court, saying the insurers have wrongfully refused to help cover either the $13 million the company spent defending stockholders’ challenge to its $6.5 billion buyout by Vista Equity Partners LP or the $38 million in interest it was ordered to pay following a judge’s appraisal ruling.

  • September 5, 2018

    ERISA Claims Against UnitedHealthcare Faulty, Judge Says

    A Texas federal magistrate judge stopped short of recommending that a suit saying UnitedHealthcare Insurance Co. owes labs millions of dollars for testing be thrown out, but said the labs haven’t shown they have standing to bring Employee Retirement Income Security Act claims.

  • September 5, 2018

    ACA Cost-Sharing Payments Mandatory, Claims Court Rules

    The federal government owes a nonprofit health insurance cooperative $5.3 million in Affordable Care Act cost-sharing reduction payments, the Court of Federal Claims has ruled, finding that the payments are mandatory under the ACA despite Congress failing to appropriate specific funding.

  • September 5, 2018

    Katten Guides AIG Unit On $275M NYC Loan To JEMB Realty

    Katten Muchin Rosenman LLP represented an entity affiliated with AIG Investments in connection with its $275 million loan to JEMB Realty for a Broadway residential building in Manhattan, according to records made public in New York on Wednesday.

  • September 5, 2018

    Insurance Co. Says Ex-VPs Violating Worker Agreements

    USI Southwest Inc. has filed a lawsuit in Texas state court in Houston against two of the insurance brokerage and consulting company's former vice presidents, alleging that in violation of employment agreements they signed, the two have gone to work for a direct competitor and could be planning to take valuable customers with them.

  • September 5, 2018

    Late Patriot's Ex Meets Skeptical 1st Circ. In Benefits Suit

    The ex-wife of late New England Patriots Pro Bowler Mosi Tatupu faced a blitz of skepticism from the First Circuit on Wednesday in her bid to flip the National Football League’s denial of her claim of survivor benefits.

  • September 4, 2018

    Morgan Keegan To Pay Fairfax $20M Over Stock Price Claims

    Fairfax Financial Holdings Ltd. announced Tuesday that for $20 million it agreed to resolve claims it filed against Morgan Keegan & Co. in long-running litigation over an alleged stock market manipulation scheme to lower its share price, while noting its claims against other defendants remain.

  • September 4, 2018

    ACA Funding Case Doesn't Need Full Fed. Circ., DOJ Says

    The U.S. Department of Justice has urged the Federal Circuit to stand by its ruling that the federal government wasn’t required to pay health insurers $12 billion more under an Affordable Care Act provision.

  • September 4, 2018

    Withers Lands Ex-Bryan Cave Arbitration Pro In NY

    Withers LLP has nabbed a former Bryan Cave Leighton Paisner LLP attorney to lead its international arbitration team in the United States, bolstering its New York offerings with her experience representing clients in industries including hospitality, infrastructure, energy, insurance and pharmaceuticals, according to a Tuesday announcement.

  • September 4, 2018

    Judge Skeptical Of Platinum Partners D&O Insurer In $5M Suit

    A directors and officers liability insurer got a cool response from a New York judge on Tuesday in its effort to slip responsibility for legal expenses faced by executives at Platinum Partners who face criminal charges, with the judge saying the case wasn’t as clear-cut as the insurer argued.

  • September 4, 2018

    Hanover Must Face Suit Over Construction Delay Coverage

    Hanover Insurance Co. must face a Dallas real estate developer’s lawsuit seeking coverage for lost rental income and other costs allegedly resulting from a storm-induced construction delay at an office building, a Texas federal judge has held, finding that there are multiple factual disputes about the circumstances of the delay that must be resolved at trial.

  • September 4, 2018

    American Airlines Says Fliers Can't Win Travel Insurance Case

    American Airlines Inc. asked a Florida federal court on Friday to deny a customer's request for a partial win in a proposed class action over the airline's relationship with a third-party travel insurance agency, arguing that the motion "fails badly" and underscores that the customer can't prove the claims in his complaint.

  • September 4, 2018

    State Farm To Pay $250M To Settle Rigged-Judge Trial

    State Farm agreed Tuesday to pay $250 million to settle a suit alleging it secretly worked to help elect an Illinois high court justice in order to overturn a billion-dollar judgment against it.

  • September 4, 2018

    Ex-Duane Morris Exec's Benefits Bid Too Old, Insurer Says

    Standard Insurance Co. urged an Oregon federal judge to dismiss an Employee Retirement Income Security Act suit from the former chief marketing officer of Duane Morris LLP over the denial of his long-term disability claim, arguing that the executive waited too long to seek the benefits.

  • August 31, 2018

    In State Farm Trial, Veiled Donations May Stoke Juror Anger

    Groups with ties to State Farm strategized to avoid disclosing contributions that ended up in the campaign coffers of a judge who ultimately helped knock down a $1 billion judgment against the insurer, according to a trove of documents that may serve the important role of outraging jurors in a trial starting Tuesday even if it doesn't turn out to show illegal acts, experts say.

  • August 31, 2018

    Insurer Can't Escape Liability In Staples Delivery Crash

    The Third Circuit has affirmed a court's apportionment of responsibility mostly to Princeton Excess and Surplus Lines Insurance Co. in a suit over coverage for an injury that happened during a vendor's delivery of Staples Inc. goods to a casino.

  • August 31, 2018

    Ethics Of State Farm Attys To Take Stage In Rigged Judge Trial

    The impending trial surrounding whether State Farm secretly advanced the election of an Illinois high court justice in order to torpedo a billion-dollar judgment against it promises to put an ethics spotlight on the insurer’s legal teams, with opposing counsel poised to pry into what those attorneys knew and what they were duty-bound to disclose.

  • August 31, 2018

    Suit Says Pa. Policyholder's Atty Tried To 'Extort' Insurer

    A Philadelphia-area attorney is facing claims in state court that he pursued knowingly frivolous claims on behalf of a homeowner against her insurer in a naked attempt to “extort” it into a settlement.

  • August 31, 2018

    Software Co. Not Covered For Biometric Suit, Insurers Say

    A pair of insurers told a California federal court that they have no duty to defend or indemnify health care software provider Omnicell Inc. in a proposed class action accusing the company of violating Illinois’ biometric privacy law by improperly retaining fingerprint data for a hospital’s employees, saying Omnicell’s policies exclude claims for statutory violations.

Expert Analysis

  • Series

    Clerking For Ginsburg: 4 Things I Learned

    Judge John Owens

    A lot has changed since I clerked for Justice Ruth Bader Ginsburg 20 years ago. At that time, I had hair and no wife. I also thought I knew everything — but working for the justice made me realize very quickly that I actually knew very little, says Ninth Circuit Judge John Owens.

  • Series

    Clerking For Ginsburg: The Equality Lessons

    Margo Schlanger

    In 1993, Ruth Bader Ginsburg was confirmed to the U.S. Supreme Court, and I began my two-year clerkship with her. In her first opinion as a justice, and in dozens since, Justice Ginsburg reminded us how the law needs to operate if equality is to be a reality, says Margo Schlanger, a professor at the University of Michigan Law School.

  • Will Congress Actually Address Health Care?

    Radha Mohan

    Since the GOP’s failed attempt to repeal the Affordable Care Act last year and the elimination of the individual mandate in the Tax Cuts and Jobs Act, Republicans and Democrats have struggled to address problems in the health care system. Although bills recently passed by the House contain a few provisions with bipartisan support, they face an uphill battle for passage in the Senate, says Radha Mohan at Brownstein Hyatt Farber Schreck LLP.

  • Spokeo Strikes Again: Why Challenges To Standing Are Key

    David Anthony

    In Dutta v. State Farm Mutual Automobile Insurance Company, the Ninth Circuit recently affirmed the district court’s decision granting summary judgment to State Farm in a putative Fair Credit Reporting Act class action. The decision presents another helpful application of the U.S. Supreme Court’s 2016 Spokeo opinion, say attorneys at Troutman Sanders LLP.

  • Insurance Tips For 'No Poach' Employment Antitrust Claims

    Jeff Kiburtz

    Regulators are taking new and aggressive steps to address the purported use of "no poach" agreements that allegedly violate antitrust law. Apart from ensuring that current practices comply with state and federal laws, companies should make sure that their insurance policies can help mitigate risk from prior practices, say Jeff Kiburtz and Heather Habes of Covington & Burling LLP.

  • Calif. Life Insurers Get Relief From Unclaimed Property Law

    Andrew Kay

    A California trial court's decision in Thrivent v. Yee invalidated two regulations under California's Unclaimed Property Law. As a result, the state controller will no longer be able to impose them on life insurers or threaten financial penalties pursuant to the invalid regulations in order to secure settlements, say Andrew Kay and Randy Seybold of Cozen O'Connor.

  • NY Commercial Division Backs Technology-Assisted Review

    Elizabeth Sacksteder

    Neither the Federal Rules of Civil Procedure nor most state procedure codes expressly address whether, in what circumstances, or how a party may use technology-assisted review to fulfill its disclosure obligations. A new rule introduced last week by the Commercial Division of the New York Supreme Court aims to fill that gap, say Elizabeth Sacksteder and Ross Gotler of Paul Weiss Rifkind Wharton & Garrison LLP.

  • 6 Trends Will Shape Future International Commercial Disputes

    Cedric Chao

    The world of international litigation and arbitration tends to move slowly — however, I expect the pace of change to accelerate in the coming decade as six trends take hold, says Cedric Chao, U.S. head of DLA Piper's international arbitration practice.

  • The State Of Medicare Secondary Payer Act Litigation

    Laura Besvinick

    The certainty that tort liability settlements generally brought liability insurers in decades past has waned because of the Medicare Secondary Payer Act. And as MSP Act reimbursement actions wind through courts nationwide, plaintiffs’ recovery theories continue to morph, say Laura Besvinick and Julie Nevins of Stroock & Stroock & Lavan LLP.

  • Fortis Case Confirms Viability Of Dutch Settlement Law

    Jonathan Richman

    A Dutch court's approval this month of a €1.3 billion ($1.5 billion) collective settlement of claims brought by shareholders of the former Fortis shows that the Dutch Act on Collective Settlement of Mass Claims can be used to resolve transnational disputes on a classwide, opt-out basis, say Jonathan Richman of Proskauer Rose LLP and Ianika Tzankova of Tilburg University.