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  • May 11, 2018

    NRA Sues Cuomo, NY Regulator For 'Discrimination Campaign'

    The National Rifle Association sued New York Gov. Andrew Cuomo and the state’s top financial regulator on Friday, seeking millions of dollars in damages for what it alleges has been an “overt viewpoint-based discrimination campaign” that is scaring off the gun rights organization’s business partners and threatening its First Amendment rights.

  • May 11, 2018

    BioChemics Not Covered For SEC Action, Axis Tells 1st Circ.

    Axis Reinsurance Co. on Thursday urged the First Circuit to uphold a Massachusetts federal judge’s ruling that it doesn’t have to cover BioChemics Inc.’s costs to defend against U.S. Securities and Exchange Commission subpoenas and an enforcement action, saying the lower court properly found the claim predated the insurer’s policy.

  • May 11, 2018

    Insurers Try To Nix Coverage For $11.7M FCA Deal

    Travelers Casualty and Surety Co. of America and Illinois Union Insurance Co. have moved to dismiss a suit by IberiaBank seeking coverage for an $11.7 million False Claims Act settlement the bank reached with the government last year over its sloppy mortgage lending, arguing that the government was never a “client” of IberiaBank.

  • May 11, 2018

    Ex-NHL Enforcer Claims New Evidence In Concussion Suit

    Former National Hockey League "enforcer" Michael Peluso on Thursday asked a Minnesota federal court for permission to file an amended complaint in his concussion suit against his former teams, saying he has new evidence the teams knew he did have a brain injury and not just a risk of one.

  • May 11, 2018

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen a vacation rental agency file for an appeal against a fiduciary service company, the Bank of India sue a jewelry company owned by an alleged fraudster and an African mining company launch legal proceedings against a Brazilian bank. Here, Law360 looks at those and other new claims in the U.K.

  • May 11, 2018

    Power Tool Co. Hit With $1.4M Suit Over Exploding Batteries

    Vigilant Insurance Co. hit Ryobi's Chinese parent company with a negligence suit in Washington federal court on Thursday, saying the power tool manufacturer is to blame for a rechargeable battery that exploded and started a house fire.

  • May 11, 2018

    Insurance Row Must Wait For State Court Dispute, Judge Told

    An apartment project subcontractor asked a South Carolina federal judge Thursday to throw out an insurance company’s lawsuit seeking to evade coverage for alleged construction faults, saying a dispute with the project’s contractor in state court must be resolved first.

  • May 11, 2018

    Real Estate Rumors: John Hancock, Capstone Equities, AEW

    John Hancock has reportedly loaned $105 million for a Los Angeles office building, a venture including Capstone Equities is said to have scored a $130 million loan for a recent New York hotel purchase and an AEW Capital venture has reportedly picked up a South Florida development site for $26 million.

  • May 11, 2018

    Texas Justices Pull Crop Insurance Fight Out Of Arbitration

    The Texas Supreme Court sided with a farm on Friday in ruling that the arbitration agreement in its insurance policy didn't extend far enough to force arbitration of the farm's allegation that mistakes by its insurance agent caused it to be denied a crop damage claim under the policy.

  • May 11, 2018

    3rd. Circ. Keeps Insurer's Win In Subscribers' Suit Over Fees

    The Third Circuit has declined to revive a suit against Erie Indemnity Co. and its officers over the company's alleged misappropriation of funds that subscribers say rightfully belonged to the subscriber-owned Erie Insurance Exchange.

  • May 10, 2018

    Insurer Need Not Cover $11M Lost After Hack, 11th Circ. Says

    The Eleventh Circuit on Thursday found that a Great American Insurance Co. policy against computer fraud does not cover $11.4 million in fraudulent debit card redemptions, finding that while computer fraud occurred, the policyholder's loss was too many steps removed from the fraud for coverage.

  • May 10, 2018

    Progressive Wants Fla. Justices To Flip PIP Deductible Ruling

    Insurance giant Progressive urged the Florida Supreme Court to reverse a Fifth District ruling against it and adopt a conflicting ruling from the Fourth District, as the justices weigh a question of how deductibles are to be applied in personal injury protection coverage cases.

  • May 10, 2018

    2nd Circ. Asks Conn. Court To Weigh Insurer-Adjuster Row

    The Second Circuit asked the Connecticut Supreme Court on Thursday to weigh in on whether the history between an insurer and a claims-adjusting agent created a “continuing course of conduct” sufficient to reinstate a $1.25 million negligence verdict against the adjuster, which a district court had decided didn’t comport with a Connecticut statute of limitations.

  • May 10, 2018

    Debevoise Leads Axa Equitable In Year's Largest IPO

    Axa Equitable Holdings Inc., the U.S. division of French insurance and asset management firm Axa SA, debuted on public markets Thursday, raising $2.75 billion in the U.S.’ largest initial public offering this year, with guidance from Debevoise & Plimpton LLP.

  • May 10, 2018

    Gun Lobby Aims For New Insurers After Rebuff From Lloyd's

    The National Rifle Association will seek new insurers after Lloyd’s of London ordered its members to stop writing business linked to the U.S. gun lobby as a regulatory investigation takes place in New York, an NRA lawyer has told Law360.

  • May 9, 2018

    Relativity's DIP Ask Slashed As It Faces Grilling In Ch. 11

    Relativity Media LLC, the film production house that just entered bankruptcy for the second time in three years, saw its $1.6 million DIP request nearly halved Wednesday by a dubious judge, and also told the court it's cut business ties with founder Ryan Kavanaugh.

  • May 9, 2018

    ACA Birth Control Rules Top EBSA's Spring Priority List

    The Employee Benefits Security Administration's spring priorities include allowing employers to opt out of covering birth control and expanding a program that allows employers to duck civil penalties for fiduciary violations, according to a list filed with the White House's regulatory affairs office on Wednesday.

  • May 9, 2018

    Late Patriots Star's Ex-Wife Appeals For Survivor Benefits

    The ex-wife of a late New England Patriots player asked the First Circuit on Tuesday to reverse a lower court decision that the National Football League's retirement board properly denied her claim for survivor benefits.

  • May 9, 2018

    2nd Circ. Orders Fresh Look At Reinsurer's Asbestos Costs

    The Second Circuit directed a lower court Wednesday to reassess whether Global Reinsurance Corp. of America must cover Century Indemnity Co.’s costs to defend Caterpillar in asbestos litigation beyond the reinsurer’s total liability limits, after New York’s highest court clarified how reinsurance contracts should be interpreted.

  • May 9, 2018

    CNA Raised Fed Judiciary Premiums Unevenly, Suit Says

    Employees of the federal judiciary hit CNA Financial Corp. with a proposed class action in Illinois federal court Wednesday, claiming that some of them faced dramatic premium increases on long-term care insurance when others did not.

Expert Analysis

  • The Puzzle Of Enforcing Class Action Bars Post-Shady Grove

    Daniel Fong

    It's been eight years since the U.S. Supreme Court’s ruling in Shady Grove Orthopedic Associates v. Allstate Insurance, but courts continue to wrestle with whether state statutory class action bars are enforceable in federal court, say Daniel Fong and Robert Guite of Sheppard Mullin Richter & Hampton LLP.

  • Insurance Considerations For Mass-Shooting Litigation

    Monica Sullivan

    Mass-shooting litigation raises a number of unique concerns for civil defendants, and it has become increasingly critical for all interested stakeholders to understand the scope of potential coverage afforded by commercial general liability policies, as well as specialized insurance products, say Monica Sullivan and Matthew Novaria of Nicolaides Fink Thorpe Michaelides Sullivan LLP.

  • How States, Federal Agencies Are Challenging Drug Prices

    Tom Bulleit

    High prescription drug prices are increasingly a focal point in the discussion of U.S. health care spending. While there is little consensus in Congress, there has been considerable recent activity in the federal executive branch and in state legislatures, say Tom Bulleit and Rebecca Williams of Ropes & Gray LLP.

  • Ethical Advocacy In Mediation: You May Need A New Plan

    Jeff Kichaven

    To discharge their ethical obligations to their clients during a mediation, lawyers must not allow mediators to take on inappropriate responsibilities. Lawyers should not sign whatever agreement a mediator puts under their nose, and should conduct as much of the face-to-face settlement negotiations as possible, says Jeff Kichaven, an independent mediator.

  • Dispelling The Myth Of Insurers' Bad Faith

    Randy Maniloff

    Some policyholder lawyers seem to believe that an insurer commits bad faith if it does anything short of exactly what was demanded, but it is actually very hard to prove. Even when a court determines that an insurer is flat-out wrong, it's unlikely that the insurer will be found to have acted in bad faith, says Randy Maniloff of White and Williams LLP.

  • Rule 23 Changes: Avoid Delays In Class Settlement Approval

    Shandarese Garr

    Among the proposed amendments to Rule 23 of the Federal Rules of Civil Procedure, which are scheduled to take effect Dec. 1, are specific requirements related to “front-loading.” They outline the process for seeking preliminary court approval of class action settlements and related notice plans, say Shandarese Garr and Niki Mendoza of Garden City Group LLC.

  • Refuting Insurer Denials Linked To Employee Misconduct

    Greg Van Houten

    When faced with a denial for coverage of legal costs associated with employee misconduct, policyholders should never assume that their insurer’s interpretation is correct. In fact, some policyholders are well-positioned to refute such denials, especially when the cited exclusion fails to define “abuse” or is otherwise vague, says Greg Van Houten of Haynes and Boone LLP.

  • The Risks Of Attorney Communication With Appraisers

    Brian Devilling

    Attorneys should not attempt to influence a property insurance appraiser's estimate of damages, selection of an umpire or any other substantive issue. While this may run contrary to an attorney's duty of zealous advocacy, it is necessary to avoid subsequent litigation and a potential order vacating an award, says Brian Devilling of Foran Glennon Palandech Ponzi & Rudloff PC.

  • Best Practices For Building A Better Meeting

    Nicholas Cheolas

    How can we improve meetings in the legal industry, which tends to evolve with the speed of a tranquilized water buffalo mired in quicksand? Breaking it down to three phases can yield significant benefits, says Nicholas Cheolas of Zelle LLP.

  • 5 Ways Law Firms Are Becoming More Like Hotels

    Bella Schiro

    One way law firms differentiate themselves from the competition to attract and retain top talent is through their real estate and workplace strategies. Taking a lead from the hospitality industry can help create a more inviting, welcoming and collaborative workspace environment, says Bella Schiro of Jones Lang LaSalle Inc.