• March 13, 2018

    FTC Seeks More Info On DaVita's $4.9B Sale to Optum

    DaVita Inc. has received a letter from the Federal Trade Commission seeking more information on the $4.9 billion sale of its independent medical clinic operator to UnitedHealth Group Inc. health services subsidiary Optum Inc. in order to gain regulatory approval, the company said in a filing Tuesday.

  • March 13, 2018

    Prudential Can't Pause ERISA Suit Over Payouts, Judge Rules

    A Pennsylvania federal judge on Monday denied Prudential Insurance’s bid to pause court proceedings during the company's Third Circuit appeal of his order certifying a subclass in an Employee Retirement Income Security Act suit over life insurance payouts.

  • March 13, 2018

    Oregon Enacts Drug Price Transparency Law

    Oregon’s governor on Tuesday signed legislation requiring drugmakers and health insurers to report extensive information about relatively pricey prescription drugs.

  • March 13, 2018

    Patriots Defensive End Sues Over Unpaid College Injury Policy

    A defensive end for the New England Patriots is claiming in a Texas state court suit that The Professional Athlete Insurance Group PLLC misled him about the terms of a “loss of value” policy and has wrongfully failed to pay a claim after he was injured during his last year of collegiate play.

  • March 13, 2018

    Cigna Must Face RICO Claims In Insured Price Suit

    A Connecticut federal judge on Monday kept intact the bulk of a putative class action alleging Cigna Health and Life Insurance Co. and others improperly pumped up the price of prescription drugs without informing customers, refusing to dismiss Racketeer Influenced and Corrupt Organizations Act claims against the insurer.

  • March 13, 2018

    NJ Hooters Must Arbitrate With Insurer Over Fatal Crash

    A Hooters restaurant located in an Atlantic City, New Jersey, casino hotel must arbitrate an insurer's claims for reimbursement of the benefits it paid in connection with a fatal car crash that was allegedly caused by a drunk patron, a state appeals court said Tuesday.

  • March 12, 2018

    Insurer Needn't Pay $6M To Defend Client's Bad-Faith Suit

    An Indiana federal court ruled Monday that insurer American International Specialty needn’t pay a $6 million claim that a client, another insurer, faced after its allegedly bad-faith handling of Texas medical malpractice claims against a doctor whom it insured resulted in a multi-million-dollar verdict against him.

  • March 12, 2018

    Patriot National Plan Disclosure Statement Approved In Del.

    Bankrupt insurance services provider Patriot National Inc. received court approval Monday in Delaware for a Chapter 11 disclosure statement detailing its proposed plan for a debt-for-equity swap with its secured lenders.

  • March 12, 2018

    9th Circ. Panel Wrestles With Email Scam Coverage Battle

    A Seattle-based seafood company urged a Ninth Circuit panel Monday to rule that Travelers must cover losses the company suffered when it was manipulated into wiring funds to a fraudster who posed as a vendor in emails, arguing its crime policy does not limit coverage to direct hacking incidents.

  • March 12, 2018

    Mass. AG Loses Fight Against Trump Contraception Rules

    A Massachusetts federal judge on Monday rejected the state attorney general's challenge to the Trump administration’s decision to let more employers deny women contraceptive coverage, saying Massachusetts may have hurt its own case by passing a law to reduce the decision’s impact.

  • March 12, 2018

    Idaho's Insurance Chief Dishes On His ACA End Run

    The Trump administration would be hard-pressed to show that Idaho’s closely watched bid to evade Affordable Care Act standards rises to the level of flouting the law, the state’s top insurance regulator tells Law360.

  • March 12, 2018

    Centene Hit With Suit Over $6.8B Health Net Buy

    An investor and a police pension fund hit Centene Corp. with a derivative lawsuit in Missouri federal court on Friday, claiming the Medicaid insurer knowingly misstated Health Net's business before its $6.8 billion merger and hid the fact that it was taking on millions in liability.

  • March 12, 2018

    Manning & Kass Enters Texas With 2-Lawyer Dallas Office

    Manning & Kass Ellrod Ramirez Trester LLP launched a Dallas office in early March with two partners from California experienced in general litigation, workers' compensation and military and veterans' issues, but plans to expand by hiring local talent.

  • March 12, 2018

    La. Wrong Venue For Food Co.'s $1M Coverage Spat: 5th Circ.

    The Fifth Circuit upheld the dismissal of a Louisiana-based restaurant operator’s suit seeking about $1 million from its insurer to cover property damage on Friday, finding that a forum-selection clause in the insurance policy requires the litigation to be in New York rather than Louisiana.

  • March 12, 2018

    AIG Wins Suit Over Palazzo Hotel Construction Project

    Liberty Mutual Fire Insurance Co. must pay the entirety of a multimillion-dollar settlement resulting from shoddy construction work on the Palazzo hotel in Las Vegas, a Nevada federal court ruled on Friday, finding that the damage is not capped by a per occurrence limit and therefore fellow insurer AIG doesn't need to contribute.

  • March 9, 2018

    Why The ‘Blue Slip’ Battles Are Becoming White Hot

    It’s more of a norm than a rule. Its use has shifted over time, often with political winds. But the once-obscure Senate tradition is now front and center in the boiling debate over the future of the judiciary.

  • March 9, 2018

    Senior Judges Fill The Void Left By Rampant Vacancies

    More federal judges are skipping the golf course to head back to the courtroom upon taking senior status, and they're playing an increasingly vital role in a strained system.

  • March 9, 2018

    How Far Right Can The President Pull The Courts?

    Although President Donald Trump set a record with the number of circuit judges he named during his first year, experts say that's not the whole story. Here’s our data-driven look at what the White House faces in its quest to reshape the appeals courts.

  • March 9, 2018

    Insurance Co. Can't Dodge Coverage In Bank Fraud Scheme

    A South Carolina federal judge refused Thursday to end claims against an insurer over coverage for a former GrandSouth Bank vice president indicted in connection with lending that allegedly enabled a staffing company's continued nonpayment of payroll taxes, citing an ongoing factual dispute as to whether separate suits are “interrelated” and so quash coverage.

  • March 9, 2018

    Man's Surgery Didn't Warrant Case Dismissal, Court Finds

    A Florida man's decision to proceed with surgery in defiance of a court order did not warrant permanent dismissal of his breach of contract case against Southern-Owners Insurance Co. given his good-faith efforts at compliance and other circumstances of the case, a state appeals court ruled Friday.

Expert Analysis

  • Protecting Privilege In Litigation Financing Negotiations

    Eric Robinson

    Multiple courts have held that discoverable material from negotiations with a litigation funder, when executed properly, can be attorney work product and immune from disclosure in the later litigation. The recent Acceleration Bay decision is indicative of what happens when difficult facts conflict with best practices, says Eric Robinson of Stevens & Lee PC.

  • The 8 Corners Rule Is Not So Absolute

    Ronald Puhala

    Though some courts adhere to an overly strict interpretation of the eight corners rule, consideration should be given to the argument that the rule only determines when the duty to defend is triggered, not when it is terminated, says Ronald Puhala of Foran Glennon Palandech Ponzi & Rudloff PC.

  • Why Machine Learning Should Matter To Lawyers

    Dan Puterbaugh

    Legal leaders who want to meet their clients' expanding expectations should start moving their documents to future-ready document management solutions now if they want to stay competitive in the next few years, says Dan Puterbaugh of Adobe Systems Inc.

  • Calif. High Court Has A Chance To Define 'Accident'

    Gretchen Hoff Varner

    In Liberty v. Ledesma next week, the California Supreme Court will have an opportunity to answer, once and for all, what constitutes an "accident" under insurance policies and potentially clarify significant issues of both insurance law and tort law generally, say Gretchen Hoff Varner and Broer Oatis of Covington & Burling LLP.

  • 7 Tips For Creating Effective Employee Wellness Programs

    Kofi Semenya

    Despite the stated benefits for both employers and employees, some employers still struggle to implement successful wellness programs or have a significant percentage of their workforce refuse to sign up. Kofi Semenya of Isaac Wiles Burkholder & Teetor LLC shares suggestions for employers who want to establish a wellness program and maximize participation.

  • So Far, So Right — Menchaca Has Not Changed Appraisal Law

    Victoria Vish

    Ten months ago, the Supreme Court of Texas issued an opinion in USAA v. Menchaca, which some claimed would change the course of Texas precedent regarding extracontractual liability. As predicted in a previous Law360 guest article, however, the decision has yet to disturb the finality of an appraisal award, says Victoria Vish of Zelle LLP.

  • Tax Reform's Impacts On Pass-Through Entities

    2 Ways Tax Reform Impacts Pass-Through Entities And Owners

    The tax reform bill passed at the end of 2017 includes numerous provisions affecting pass-through entities and their owners. These provisions are complex, and create both strategic opportunities and pitfalls for the unwary. In this video, Wes Sheumaker and Eric Santos of Eversheds Sutherland LLP discuss the 20 percent deduction for qualified business income and the limitation on excess business losses.

  • Cryptocurrencies: Money, Securities Or Other Property?

    Leland Jones

    While newer forms of commercial crime policies specifically address cryptocurrency losses, there may be debate whether cryptocurrencies are "money," "securities" or "other property" under traditional crime forms. The argument will possibly focus on the "security" definition, say attorneys with Wiley Rein LLP.

  • Insurance Tips For Defendants In Opioid Litigation

    Anna Engh

    Several types of insurance policies can potentially cover costs of defense and ultimate liability for pharmaceutical manufacturers, wholesale distributors and retailers defending against opioid-related lawsuits, but policyholders must be wary of the potential issues that may arise, say Anna Engh and Cléa Liquard of Covington & Burling LLP.

  • Opinion

    ALI Insurance Restatement Oversteps Its Boundaries

    Phil Graham

    The American Law Institute's draft Restatement of the Law of Liability Insurance may significantly influence the cost of liability insurance. If the restatement is approved, a small group of unelected people will be responsible for enacting far-reaching changes impacting the insurance industry, say Philip Graham and Cody Hagan of Sandberg Phoenix & Von Gontard PC.