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Insurance

  • January 16, 2019

    Hernia Mesh Maker Can't Revive IP Suit Coverage Bid

    The Third Circuit on Wednesday affirmed that a Chubb Ltd. insurer doesn’t have to cover Tela Bio Inc.’s costs to defend against a trade secrets and unfair competition lawsuit brought by rival LifeCell Corp. over a hernia treatment product, agreeing with a lower court that the underlying action doesn’t contain any potentially covered defamation claims.

  • January 16, 2019

    $367M Superfund Coverage Row Can't Be Arbitrated, Co. Says

    Cornell-Dubilier Electronics Inc. has urged a New Jersey federal court not to send to arbitration its coverage dispute with a group of insurers over $367 million in liability incurred under a Superfund site cleanup consent decree, arguing that the dispute is outside the underlying arbitration agreement's scope.

  • January 16, 2019

    J&J Renews Bid To End Antitrust Suit From Walgreens, Kroger

    Johnson & Johnson told a Pennsylvania federal judge Tuesday that Walgreens and Kroger can't bring antitrust claims against it for allegedly inflating prices and suppressing competition for its drug Remicade, reiterating its argument that the retailers didn't directly purchase the drug from J&J.

  • January 16, 2019

    MetLife Beats Suit Over Interest On $500M In Late Benefits

    A New York federal judge on Tuesday tossed a proposed class action accusing MetLife Inc. and Metropolitan Life Insurance Co. of pocketing the interest on $500 million in overdue retirement benefits, saying the proposed class of retirees improperly repackaged a contract dispute as an unjust enrichment claim.

  • January 16, 2019

    9th Circ. Sends Yahoo TCPA Coverage Row To Calif. Justices

    The Ninth Circuit on Wednesday asked California’s high court to weigh Yahoo’s bid to force an AIG insurer to fund its defense of several Telephone Consumer Protection Act lawsuits accusing the web services provider of sending unsolicited text messages, saying Golden State law is unsettled on whether liability insurance covers TCPA claims.

  • January 16, 2019

    Opioid User Testimony To Be Key Factor In Mass. Insys Trial

    The day before hundreds of potential jurors descend on a Boston courtroom for a closely watched criminal case accusing former Insys Therapeutics Inc. executives of bribing doctors to prescribe opioids, attorneys sparred Wednesday over what patients who took the drug can say during the 14-week trial.

  • January 16, 2019

    Epstein Becker Green Adds Ex-Littler Board Member

    Epstein Becker Green has wooed former Littler Mendelson PC board member Jimmy Oh over to its Chicago office, where he'll work as a member of its employment, labor and workforce management practice, the firm announced Wednesday.

  • January 16, 2019

    Ex-NFL Player's Bid For Injury Benefits Denied By Fla. Judge

    Former NFL defensive lineman Darren Mickell’s yearslong suit against the league’s retirement plan hit a brick wall on Tuesday, after a Florida federal court denied his bid to overturn the plan’s decision that he didn’t qualify for certain disability benefits.

  • January 16, 2019

    1st Circ. Says Pharmacy Exec Can Bring FCA Retaliation Suit

    In a split decision that partially vacated a district court ruling, a First Circuit panel has said the former president of pharmacy chain Shields Health Solutions can bring a retaliation claim against the company under the False Claims Act after he was allegedly fired for accusing his employer of paying illegal kickbacks to a consultant.

  • January 15, 2019

    Youth Football Coach Sues NFL Charity Over Lightning Strike

    A South Carolina football coach has said his injury from a lightning strike could have been avoided if USA Football Inc. had taught coaches better safety procedures, according to a suit removed to federal court on Tuesday.

  • January 15, 2019

    8th Circ. Asked To Eye Cave Structure In $22M Coverage Fight

    The owner of an underground storage facility urged the Eighth Circuit on Monday to force its insurers to pay for $22 million worth of damage from a series of rock falls under the company’s building collapse coverage, saying a lower court erred in analyzing how the facility is embedded into the surrounding rock.

  • January 15, 2019

    Hunton Andrews DQ Bid Under Fire In Crash Coverage Suit

    Ranger Construction Industries Inc. slammed Allied World National Assurance Co.'s bid to disqualify Hunton Andrews Kurth LLP for allegedly using inadvertently disclosed confidential documents in a pending case, saying Tuesday the insurer is trying to turn its own errors into a "reason to rob Ranger of its chosen counsel."

  • January 15, 2019

    UnitedHealth's Offsetting Method Unreasonable, Says 8th Circ.

    The Eighth Circuit ruled Tuesday that UnitedHealth Group Inc. isn’t allowed to offset overpayments to providers from certain health plans by withholding payments to those providers from other health plans, affirming a lower court’s finding that the insurer’s interpretation of plan documents was unreasonable.

  • January 15, 2019

    Insurer Wants Out Of Covering Depomed In Opioid Litigation

    Navigators Specialty Insurance Co. has asked a California federal court to affirm that it doesn't have to defend or indemnify Depomed Inc.'s successor in more than three dozen suits over the drugmaker's role in the opioid crisis, saying the policies don't cover opioid-related injuries and "allegedly intentional wrongdoing."

  • January 15, 2019

    NJ High Court Probes 'Step-Down' Clause In Fatal Crash Row

    The insurance carrier for a BMW dealership must cover a crash in which an off-duty police officer was killed by a drunken driver operating a loaner vehicle from the dealership, counsel for the officer’s estate told the New Jersey Supreme Court at arguments on Tuesday in challenging a state appellate ruling that coverage was not required.

  • January 15, 2019

    Dems Seek Senate Intervention In 5th Circ. ACA Case

    Senate Democrats pushed the chamber and its general counsel Tuesday to intervene in a blockbuster legal feud over the Affordable Care Act, introducing a resolution that mirrors one passed by the House seeking to reverse a Texas federal judge’s striking of the law.

  • January 15, 2019

    NY Title Insurance Kickback Rule Revived On Appeal

    A New York state appellate court ruled Tuesday that the state Department of Financial Services had the power to ban title insurance companies from wining and dining lawyers and others who could refer business to them, paring back a lower court's ruling that struck down the regulation.

  • January 15, 2019

    Ameriprise Rips 'Quadruple Damages' In Life Insurance Fight

    A state judge in Pittsburgh awarded “quadruple damages” against Ameriprise Financial Inc. based on an erroneous reading of Pennsylvania law and wrongly handed out attorneys’ fees that had ballooned during appeal, the company told a state Superior Court panel Tuesday in a life insurance overpayment dispute.

  • January 15, 2019

    Brazil Says Aviation Insurers Have Been Swapping Info

    Brazil’s antitrust authority has launched an investigation into whether American International Group Inc. and 10 other companies in the aviation and aerospace insurance industry affected competition in the country by sharing sensitive pricing information.

  • January 14, 2019

    1st Circ. Denies NFL Benefits To Late Patriots Pro's Ex-Wife

    The ex-wife of late New England Patriots Pro Bowler Mosi Tatupu cannot claim survivor benefits from the NFL after the First Circuit ruled that a posthumous domestic relations order does not overrule the couple's marital separation agreement that only entitled her to receive one-third of his benefits.

Expert Analysis

  • Handling Corporate Congressional Probes In The Trump Era

    John Hellerman

    President Donald Trump’s approach to crisis communications has changed the game enough to demand companies' consideration of a whole new set of options. John Hellerman of Hellerman Communications and Bill Pittard of KaiserDillon PLLC discuss whether corporations can successfully use similar tactics.

  • A Look Inside CMS' New Medicare Shared Savings Program

    Michael Lampert

    The Centers for Medicare & Medicaid Services recently issued its final rule overhauling the Medicare shared savings program for accountable care organizations. Attorneys with Ropes & Gray LLP review some of the primary changes, including new beneficiary incentives and coverage for telehealth services.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 2

    Peter Jarvis

    Lawyer-directed nonrecourse litigation funding is more likely to protect a lawyer's exercise of independent professional judgment than traditional means of litigation finance, and furthermore enables worthwhile cases that otherwise could not be funded, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

  • Axis V. Northrop Highlights Premature Exhaustion Risks

    Caroline Meneau

    A California federal court's decision in Axis v. Northrop reminds insureds to consider excess insurers' coverage positions when negotiating coverage with lower-level insurers. Insureds should also be wary of settlements that could be construed as disgorgement of ill-gotten assets, say Caroline Meneau and David Kroeger of Jenner & Block LLP.

  • An FAQ On The State Of Direct Procurement Insurance

    Zachary Lerner

    The practice of procuring insurance coverage by "direct procurement" has been viewed as a constitutional right for half a century, but recent events have raised many questions within the insurance industry over whether that right is being eroded by certain states, says Zachary Lerner of Locke Lord LLP.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 1

    Peter Jarvis

    Contrary to what the New York City Bar Association concluded in an ethics opinion last year, lawyer-directed nonrecourse commercial litigation funding does not violate New York rules on sharing fees with nonlawyers, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

  • 7 Questions To Add To Your Lateral Partner Questionnaire

    Howard Rosenberg

    Law firms should redesign the vetting process for lateral candidates so it directly addresses sexual harassment and assault issues, says Howard Rosenberg of Decipher.

  • Top 10 Employer Resolutions For 2019

    Allegra Lawrence-Hardy

    As 2019 begins, many companies await answers to several pending employment law questions. Allegra Lawrence-Hardy and Bonnie Burke of Lawrence & Bundy LLC review the most pertinent issues employers should watch this year.

  • NY’s High Court Further Clarifies RMBS Legal Landscape

    Christopher Malloy

    In the past year, the New York Court of Appeals heard four significant cases addressing contractual remedies and timeliness of lawsuits concerning residential mortgage-backed securities — and has agreed to hear at least two more. The court's decisions in these cases will serve as useful guideposts, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Q&A

    A Chat With Reed Smith Chief Marketing Officer Sadie Baron

    Sadie Baron

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Sadie Baron, chief marketing officer at Reed Smith LLP.