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  • June 5, 2018

    FTC Wants More Info On $1.2B Title Insurance Deal

    Title insurance giant Fidelity National Financial Inc. said in a regulatory filing Monday that the U.S. Federal Trade Commission has issued a second request for information about its planned $1.2 billion purchase of real estate services provider Stewart Information Services Corp.

  • June 5, 2018

    Travelers Wants Defense Costs Back From Colo. Contractor

    Travelers Indemnity slapped a general contractor with a suit in federal court on Tuesday, seeking a refund for the money the insurer spent defending Colorado Structures Inc. in a construction defect suit before learning it had no duty to.

  • June 5, 2018

    NJ Judge's Errors Strip Atty Of No-Jail Deal In Fraud Case

    A New Jersey attorney accused of insurance fraud cannot remain in a diversionary program because a judge improperly reconsidered another judge's rejection of the lawyer's application and then interfered in plea talks, a state appeals court said Tuesday in remanding the case for trial.

  • June 5, 2018

    Del. TIAA Case May Reshape Disgorgement Claims Coverage

    Delaware’s high court will hear arguments Wednesday in three insurers’ appeal of a judgment requiring them to cover TIAA’s costs to defend and settle class actions alleging that the retirement services giant profited from fund-transfer delays, and attorneys say a ruling affirming the award could help policyholders secure coverage of suits seeking disgorgement of illicit gains.

  • June 4, 2018

    Humana, Drug Cos. Settle In Aggrenox Pay-For-Delay Row

    Insurer Humana Inc. told a Connecticut federal court Friday it reached a confidential settlement with Teva Pharmaceutical and Boehringer Ingelheim, so its claims that the drugmakers blocked generic alternatives to the stroke-prevention drug Aggrenox from coming to the market could be tossed.

  • June 4, 2018

    Express Scripts, CVS Want EpiPen Cost ERISA Suit Tossed

    Express Scripts Holding Co., CVS Health Corp. and other pharmacy benefit managers urged a Minnesota federal judge Friday to toss a proposed class action alleging that they breached their Employee Retirement Income Security Act duties and caused large increases to EpiPen’s list price, arguing that the companies weren’t fiduciaries subject to the law.

  • June 4, 2018

    Ed Tech Co. Not Covered For FCA Suit, 9th Circ. Affirms

    The Ninth Circuit on Monday upheld a lower court’s finding that a suit alleging an educational technology company paid improper employee bonuses fell under the “professional services” exclusion in its policy with Scottsdale Insurance, saying the bonuses affected the company’s professional clients.

  • June 4, 2018

    Olin Blasts Bid For Win By Lamorak After $55M Order

    Chemical maker Olin Corp. has asked a New York federal court to shut down Lamorak Insurance Co.'s request to go after fellow insurers to pay off a $130 million judgment, saying it would reward Lamorak for bad behavior and punish the other insurers for settling early on.

  • June 4, 2018

    Negligent Hiring Claims Covered By Policy: Calif. Justices

    California’s high court ruled Monday that a Liberty Mutual unit must cover the costs of a construction company to defend against claims it negligently hired and failed to supervise a former employee who sexually assaulted a middle school student, finding that the builder’s conduct fits the definition of an accident in L&M's policy.

  • June 4, 2018

    Reinsurance Co. Nets Higher Plan Funding Offer At Auction

    Bankrupt reinsurance firm Scottish Holdings Inc. received court approval Monday in Delaware for a plan sponsorship offer worth nearly $10 million more than an initial stalking horse bid previously approved by the court.

  • June 4, 2018

    End-Payor Attys Want $16M From $43M Medicis, Impax Deals

    Motley Rice LLC and Hilliard & Shadowen LLP asked a Massachusetts federal judge Friday for a one-third cut plus $1.6 million in litigation expenses from $43 million in settlements they secured from Medicis Pharmaceutical Corp. and Impax Laboratories Inc. over the allegedly delayed launch of a generic acne medicine.

  • June 4, 2018

    Insurer To Pay $64.5M To End SEC Life Insurance Fraud Row

    Pacific West Capital Group Inc. agreed Monday to pay the U.S. Securities and Exchange Commission disgorgement of $57.4 million and $6.3 million in prejudgment interest to end claims in California federal court that it defrauded investors in the sale of fractionalized interests in universal life insurance policies.

  • June 4, 2018

    Lathrop Gage Hires 4 Insurance Pros For Los Angeles Office

    Lathrop Gage LLP expanded its Los Angeles office with the addition of Scheidemantle Law Group PC's team of four attorneys, who bring with them expertise in insurance recovery and product liability litigation, the firm said on Monday.

  • June 4, 2018

    Pa. Court To Rethink Axing $21M Insurance Bad Faith Award

    A Pennsylvania appellate court said Friday it will take a second look at the arguments for and against its decision to overturn a $21 million punitive damages award against Nationwide Mutual Insurance Co. in a 20-year dispute over an auto insurance claim.

  • June 4, 2018

    College Aims To Move Wrongful Death Suit By Athlete's Family

    A Massachusetts college that is a defendant in a New Jersey state court case in which the family of a football player who died of cardiac arrest after practice is claiming wrongful death has filed for removal of the case to federal court.

  • June 4, 2018

    High Court Won't Review NY Workers' Comp Amendment

    The U.S. Supreme Court won’t take up a case challenging the constitutionality of a 2013 amendment to the state of New York’s Workers’ Compensation Law that shifted the liability for certain reopened cases from a statewide fund to insurance carriers, according to the order list distributed Monday.

  • June 4, 2018

    Allergy Tester Wants Baker Donelson DQ'd From Antitrust Suit

    Baker Donelson Bearman Caldwell & Berkowitz PC shouldn’t be allowed to represent a Blue Cross Blue Shield unit in an antitrust suit brought by United Allergy Services, as the firm also represented UAS in related proceedings and still has access to its confidential information, the allergy testing company told a Louisiana federal court Friday.

  • June 4, 2018

    Bridge Collapses Unrelated In Insurance Row, 4th Circ. Told

    A North Carolina engineering firm has told the Fourth Circuit that its insurance coverage shouldn't have stopped at $3 million for two pedestrian bridge collapses at a college in 2014, arguing they were unrelated claims subject to the policy’s $5 million aggregate limit.

  • June 4, 2018

    Onex Corp. Invests $175M In Specialty Insurance Co.

    Toronto-based private equity firm Onex Corp. on Monday said it has made a $175 million equity investment in Chicago-based specialty insurance organization Ryan Specialty Group.

  • June 1, 2018

    Tech 'Unicorn' Domo Among 6 Cos. Filing IPO Plans

    Venture-backed data analytics startup Domo Inc., a so-called technology unicorn, was among six companies that filed initial public offerings on Friday, bolstering a growing lineup of deals that could price before July 4.

Expert Analysis

  • Series

    Judging A Book: Berzon Reviews 'We The Corporations'

    Judge Marsha Berzon

    My advice to prospective clerks will now include the suggestion that they read Adam Winkler's new book, "We the Corporations: How American Businesses Won Their Civil Rights," for the same reason I recommend taking a corporations course — appreciating the critical role of business corporations in American life and law, says Ninth Circuit Judge Marsha Berzon.

  • What ABA’s Position On Harassment Means For Employers

    Minjae Song

    In the #MeToo era, the American Bar Association’s recently passed Resolution 302 is a reminder of harassment policy best practices to all employers, and it should be of particular interest to employers in the legal industry, say attorneys with Hunton Andrews Kurth LLP.

  • Why NJ Supreme Court OK'd Allotting Fault To Phantom Foes

    Patrick Perrone

    In its April ruling in Krzykalski v. Tindall, the New Jersey Supreme Court acknowledged that apportionment of fault is based on principles of fairness, rather than being dependent on the plaintiff’s ability to recover. Plaintiffs and defendants alike must assess whether fault may be attributable to known but unidentified entities and plan accordingly, say attorneys with K&L Gates LLP.

  • Calif. Landslides Prompt 'Efficient Proximate Cause' Rehash

    Jennifer Hoffman

    Last month, the California Senate passed SB 917, amending the California Insurance Code to reiterate efficient proximate cause and specifically address landslides. Though the amendment purports to merely restate existing law, insurers should be prepared for inconsistent verdicts rendered by courts and juries in the near future, says Jennifer Hoffman of Zelle LLP.

  • Practical Considerations For Litigating Proportionality

    Elizabeth McGinn

    By incorporating an explicit requirement that discovery must be “proportional to the needs of the case,” the 2015 amendments to the Federal Rules of Civil Procedure garnered much speculation as to their impact on courts’ decision-making processes. Now that the rules have been implemented for over two years, several themes have emerged, say attorneys with Buckley Sandler LLP.

  • Structuring Life Settlements Investment Funds After TCJA

    Brian Casey

    The Tax Cuts and Jobs Act should be carefully evaluated by offshore life settlements investment vehicles, as it may negatively impact U.S. income tax consequences for U.S. shareholders, who should consider structuring or restructuring funds to minimize these adverse income tax effects, say attorneys with Locke Lord LLP.

  • Supporting Nontraditional Data Types In E-Discovery

    Jason Paroff

    The advancement in connected technologies and software has created an explosion of nontraditional data sources that present challenges to e-discovery practitioners. Many tools and techniques used to process traditional data may not be practical for these new data types, say Jason Paroff and Sagi Sam of Epiq.

  • Calif. Department Of Insurance Approval Is No Silver Bullet

    Shawn Hanson

    The California Supreme Court's recent opinion in Heckart v. A-1 shows that an informal opinion from the California Department of Insurance may not be honored by the department itself, and there is no guarantee that California courts will defer to it either, say Shawn Hanson and Nicholas Gregory of Akin Gump Strauss Hauer & Feld LLP.

  • The Insureds’ Burden: Determining Date Of Loss In Texas

    Todd Tippett

    Under Texas law, as reinforced by recent court decisions, the insured bears the burden of establishing that property damage actually occurs on the reported date of loss. Insureds and insurers can use a variety of tools to determine and prove when hail or wind damage occurred, say Todd Tippett and Walter Cardwell of Zelle LLP.

  • The Rapidly Evolving Medicare Telehealth Landscape

    Miranda Franco

    One of the biggest drivers of change in the telehealth industry is the Creating High-Quality Results and Outcomes Necessary to Improve Chronic Care Act, which was part of the recently passed Bipartisan Budget Act. The improvements included in the legislation are just the latest efforts signed into law to modernize telehealth nationwide, says Miranda Franco of Holland & Knight LLP.