• November 10, 2017

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

    The last week has seen the Premier League bring a copyright claim against Barclays, Bank of Scotland sue an NHS trust and another suit from liquidators at Bilta who have been accusing banks of participating in a vast carbon trading tax fraud. Here, Law360 looks at those and other new claims in the U.K.

  • November 9, 2017

    Hospital Wants Texas Justices To Protect Reimbursement Info

    A hospital told the Texas Supreme Court in oral arguments on Thursday that it must reverse a trial court's order that the hospital disclose its insurance reimbursement rates to an uninsured patient who alleges she was overcharged for treatment because the order is a “clear abuse of discretion” and contradicts state high court precedent.

  • November 9, 2017

    Diocese's Insurer Agrees To Pay $9M For Priest Abuse Claims

    An insurer for the Diocese of Duluth, Minnesota, has agreed to pay nearly $9 million to settle a dispute with the diocese over coverage for sexual abuse claims against local clergy, according to documents filed in Minnesota bankruptcy court on Thursday.

  • November 9, 2017

    Ex-CEO Seeks Ch. 11 Legal Fee OK To Fight Altegrity Suit

    The former CEO of security screener Altegrity Inc. has asked a Delaware bankruptcy court to lift restrictions on company insurer payments for her defense against a post-confirmation damage suit, saying she is “unambiguously entitled” to the funds.

  • November 9, 2017

    Wyo. High Court Says Hospital Immune To Med Mal Suit

    The Supreme Court of Wyoming has ruled that a county hospital is not liable for medical malpractice claims tied to a doctor who worked there as an independent contractor, reversing a trial court’s decision that found the hospital waived immunity granted by a state law when it took out liability insurance.

  • November 9, 2017

    Ace Insurance Sued To Cover $8M Grubhub Ad Texting Deal

    An Illinois woman told a New York federal court Wednesday that ACE American Insurance Co. is wrongly trying to use an exclusion meant for anti-spam suits to avoid paying an $8 million settlement that food-delivery service Grubhub reached last year over unwanted, individualized advertising texts.

  • November 9, 2017

    Calif. Jury Finds Kia Infringed Allstate's 'Drivewise' TM

    Allstate Insurance Co. won its trademark infringement suit against Kia Motor Corp. on Thursday when a California federal jury found Kia's high-tech "Drive Wise" vehicle add-ons could be confused with Allstate’s trademarked "Drivewise" driver safety program.

  • November 9, 2017

    Insurer Must Cover Sexual Abuse Suit Against Psychiatrist

    An Iowa-based insurer will have to provide professional liability coverage to a psychiatrist accused of sexual misconduct in an underlying suit brought by his patient, an Illinois federal judge ruled on Wednesday.

  • November 9, 2017

    Insurer Gets Win In Dillard's Employee's Privacy Suit

    Combined Insurance has beat claims it's liable for exposing the private information of a Dillard's employee after an Illinois federal judge ruled that a written privacy promise wasn't technically part of the insurance policy.

  • November 9, 2017

    SD Justices Say Land Survey Flub Not On Contractor's Insurer

    Western National Mutual Insurance Co. isn't liable for a general contractor's settlement of litigation over an error in land surveying that led to extra expenses on a condominium construction project, South Dakota's high court ruled Wednesday, holding that an exclusion in the insurer's policy for claims related to professional services bars coverage.

  • November 9, 2017

    Insurer Sued Over Refusal To Cover $20M Fraud By Bank

    The U.S. branch of Raiffeisen Bank International AG has hit Allianz Global Risks US Insurance Co. with a suit in New York federal court over the insurer’s refusal to cover the $16.7 million that Raiffeisen claims it lost after a client falsified documents to obtain $20 million in loans.

  • November 8, 2017

    Honeywell Doesn't Owe Retirees Health Benefits: 6th Circ.

    The Sixth Circuit on Wednesday ruled that Honeywell International Inc. shouldn’t be on the hook for health benefits that a proposed class of retired factory workers claim they are owed, saying that the company’s obligation to pay the benefits ended when a collective bargaining agreement it had with the workers expired.

  • November 8, 2017

    Actavis Ruling Bolsters Insurers In Opioid Coverage Battles

    A California appellate court gave insurers an edge in coverage disputes with policyholders accused of contributing to the nation's opioid abuse epidemic by ruling Tuesday that Travelers doesn't have to defend Actavis against such claims because the pharmaceutical company's allegedly deceptive marketing of its painkillers isn't a covered accident.

  • November 8, 2017

    Allstate Defends Brand Against Kia In 'Drivewise' TM Trial

    Allstate product and marketing executives testified in front of a California federal jury on Wednesday that the insurer spent hundreds of millions of dollars creating and marketing its trademarked “Drivewise”-branded safety program, which the company says Kia Motor Co. infringed with its tech-forward vehicle add-ons.

  • November 8, 2017

    Insurer Doesn't Owe For Damage From Marijuana Operation

    Westfield Insurance Co. does not have to pay a $500,000 claim for damage done to commercial properties by a marijuana grow operation after a Michigan federal judge on Wednesday rejected arguments that the damage counted as vandalism and was therefore covered under the insurer's policy.

  • November 8, 2017

    Insurer Doesn't Owe For $40M FedEx Injury Suit, Judge Says

    A Tennessee federal judge on Wednesday found that Philadelphia Indemnity Insurance does not owe FedEx Freight a defense in a $40 million suit from a security guard hit by a truck in a FedEx facility, saying the policy only covered the guard’s third-party employer.

  • November 8, 2017

    Med Mal Insurer Sues Pa. Gov. Over $200M Cash Grab

    A state-created entity aimed at providing malpractice insurance to Pennsylvania doctors and health care facilities made good on a threat Tuesday to sue the state in federal court over efforts to seize $200 million worth of its funds to help close a nagging budget gap.

  • November 8, 2017

    2nd Circ. Revives Garage's Contract Claims Against Insurer

    A New York federal judge shouldn’t have given Progressive Casualty Insurance Co. the win over many of an auto repair shop’s claims that the insurer didn’t provide enough money to adequately repair damaged vehicles, the Second Circuit said Wednesday, vacating most of the lower court’s decision.

  • November 8, 2017

    Michelin Wins $2.5M More From Insurer After Fraud Losses

    A South Carolina federal judge on Tuesday found Federal Insurance Co. owes Michelin North America an additional $2.5 million in coverage for a theft from its retirement fund, saying the existence of a second policy allegedly covering the same claim is between Federal and the second insurer, and is not Michelin’s problem.

  • November 8, 2017

    DOJ Says Sanctions Inappropriate In Nursing Home FCA Row

    U.S. Department of Justice attorneys asked a Virginia federal court on Tuesday not to sanction them in a whistleblower False Claims Act suit accusing nursing home chain HCR ManorCare of overbilling Medicare for unnecessary care, saying they did not intentionally circumvent court rules and orders.

Expert Analysis

  • The Non-Arbitration Alternative To New York ADR

    Edmund O'Toole

    Corporate transactional attorneys drafting dispute resolution provisions in New York commercial agreements should consider using a provision that would require any dispute arising under the agreement to be determined in accordance with the NY Supreme Court’s Commercial Division and its rules applicable to accelerated adjudication actions, says Ed O’Toole of Venable LLP.

  • Congressional Forecast: November

    Richard Hertling

    After months of talk, speculation and behind-the-scenes negotiations, the Republican tax reform proposal is expected to be released to the public this week. The stakes surrounding it are high; failure to pass the bill could put at risk Republican control of Congress in the 2018 elections, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • Roundup

    Making Pro Bono Work

    Pro Bono Thumbnail

    In this series, attorneys explore the challenges and rewards of pro bono volunteering in the legal profession.

  • Being There: Preparing Witnesses For Depositions

    Alan Hoffman

    Preparing witnesses to be deposed is a critical element of discovery. It is important to remember that each witness is an individual with unique personal qualities, strengths and weaknesses. Getting to know the witness helps establish rapport and trust, says Alan Hoffman of Husch Blackwell LLP.

  • 5 Ongoing Collective Bargaining And Organizing Challenges

    Steven Gutierrez

    Most expect that the current White House and federal agencies will take a more business-friendly approach than in recent years. But when it comes to responding to union organizing campaigns and negotiating collective bargaining agreements, employers still face wide-ranging challenges, says Steven Gutierrez of Holland & Hart LLP.

  • Series

    Making Pro Bono Work: The Sidley-Exelon Partnership

    Kelly Huggins

    Exelon Corp. and Sidley Austin LLP have been working together on both short- and long-term pro bono matters for the past 10 years. We offer a glimpse of how we got started and what we have done in the hope that other corporate legal departments and law firms might find ways to work together to meet the legal needs of the poor, say Kelly Huggins, pro bono counsel at Sidley Austin, and Margaret Balsley-Cross, assistant general counsel at Exelon.

  • Recipe For Legal Project Management: Look To BBQ Champs

    Anthony Rospert

    As a master certified barbecue judge with the Kansas City Barbeque Society, I have noticed that the top pitmasters follow a consistent process in approaching each and every competition. Their "secret sauce" — employing project management principles — can also help lawyers achieve success, says Anthony Rospert of Thompson Hine LLP.

  • Series

    Making Pro Bono Work: Can You Practice In Your State?

    Eve Runyon

    The justice gap is a well-documented problem and over the past two decades, law firms have mobilized attorneys to provide millions of hours of pro bono every year. But for many in-house counsel, there remains a big hurdle — restrictive multijurisdictional practice rules, says Eve Runyon, president and CEO of Pro Bono Institute.

  • Recovering Pre-Award Interest On Appraisal Awards In Minn.

    Matthew Fortin

    In Poehler v. Cincinnati, the Minnesota Supreme Court recently weighed in on the issue of recovering pre-award interest on an appraisal award. The court's decision was arguably consistent with Minnesota law, but raises interesting questions for insurers and policyholders, say Matthew Fortin and Charles Rocco of Foran Glennon Palandech Ponzi & Rudloff PC.

  • Opinion

    Representing Women At The Intersection Of Law And Finance

    Andrea Mitchell

    To the extent that companies have tolerated predominantly male leadership in the past because it was deemed necessary for growth and prosperity, or viewed diversity and the underrepresentation of women strictly as human resources issues, a growing body of research suggests otherwise, say Andrea Mitchell and Valerie Hletko of Buckley Sandler LLP.