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Insurance

  • July 3, 2018

    Retirees Can't Get Quick Win In Benefits Case Against Verso

    An Ohio federal magistrate judge on Tuesday declined to grant a quick win to a putative class of retired members of the United Steelworkers union in their suit accusing Verso Corp. of breaking a promise to provide them life insurance benefits for life, but said the class could potentially try again later.

  • July 3, 2018

    Ex-Duane Morris Exec Sues Insurer Over Disability Denial

    A Pennsylvania man filed suit Tuesday against The Standard Insurance Co. in Oregon, alleging that after he was forced to leave his job as chief marketing officer at Duane Morris LLP due to cognitive problems, the insurance company denied his claim for long-term disability benefits.

  • July 3, 2018

    Construction Co. Sues AIG For $1.6M Email Scam Coverage

    Construction contractor Quality Plus Services Inc. sued an AIG unit in Virginia federal court on Tuesday, claiming the insurer has wrongly denied the company’s request for coverage of $1.6 million in losses it suffered through email-based fraudulent transfer schemes carried out by crooks posing as a QPS employee.

  • July 3, 2018

    NY Ex-Atty Gets 7 Years For $3.4M Investment Scheme

    A former attorney was sentenced to seven years in prison in New York federal court on Tuesday for bilking investors out of more than $3.4 million for what he claimed were investments backed by real estate and life insurance policies.

  • July 3, 2018

    NCAA Wants Wrongful Death Suit Sent Back To State Court

    The NCAA has urged a New Jersey federal court to send back to state court a wrongful death suit against the sports association, a Massachusetts college and insurers from the parents of a football player who died after a workout, rejecting the school’s claims of diversity jurisdiction.

  • July 2, 2018

    The Sharpest Dissents From The Supreme Court Term

    In its first complete term back at full strength since the death of Justice Antonin Scalia, the top U.S. court took on several cases that revealed deep divisions among its members. Here are the most stinging dissents.

  • July 2, 2018

    High Court Nomination Watch: 7th Circ.'s Amy Coney Barrett

    Amy Coney Barrett has been sitting on the Seventh Circuit bench for only eight months, but she is rumored to be on President Donald Trump’s shortlist for potential picks to replace Justice Anthony Kennedy on the U.S. Supreme Court.

  • July 2, 2018

    Narrow Rulings Reveal Wide Gulfs Between Justices

    With the Supreme Court largely punting on deciding the issues at the center of some of its biggest cases this term, the justices turned to concurrences to fight for the future of the law.

  • July 2, 2018

    Ex-Kilpatrick Atty Sues Insurer For Denial Of LTD Benefits

    A former Kilpatrick Townsend & Stockton LLP attorney sued Standard Insurance Company in New York federal court Monday for denying him long-term disability benefits after he was terminated and hospitalized after a manic episode, saying his bipolar disorder couldn’t be considered a preexisting condition because he’d never experienced symptoms before.

  • July 2, 2018

    4 High Court Lineups That Might Surprise You

    While the justices tend to join most often with colleagues whose philosophy they share, even politically charged cases can create groupings that defy easy categorization. Here are a few from the latest term.

  • July 2, 2018

    The Funniest Moments Of The Supreme Court Term

    From a raucous house party to the often-disappointing taste of wedding cake, the justices found plenty to laugh about in the latest term. Here are the top moments of legal levity.

  • July 2, 2018

    YouDecide.com Execs Spared 2nd Trial Over Company Control

    Two YouDecide.com Inc. execs don’t have to endure a second lawsuit by a father-son duo who called one of them an “evil dwarf” after a bitter power struggle for control of the company, a Massachusetts federal court ruled Monday, saying the derivative suit was clearly brought in bad faith.

  • July 2, 2018

    Blue Cross Asks For Redo In Row Over $40M Hospital Deal

    Blue Cross Blue Shield of Rhode Island asked a federal judge Monday to rethink his decision forcing it to face Steward Health Care System’s antitrust suit alleging it sank a $40 million hospital buy to keep Steward out of the state, saying a recent U.S. Supreme Court ruling has upended the very rationale behind the claims. 

  • July 2, 2018

    Skelos Cleared To Grill Key Witness Over Alleged Misconduct

    A New York federal judge on Monday greenlighted a multipronged attack by former New York State Senate Majority Leader Dean Skelos and his son Adam on the credibility of former insurance boss and government witness Anthony Bonomo, saying she would allow the defense to probe claims of misconduct at Bonomo’s company.

  • July 2, 2018

    Trump Plows Ahead With Supreme Court Selection Process

    President Donald Trump is ramping up the process of replacing Justice Anthony Kennedy on the U.S. Supreme Court, interviewing four candidates Monday and revealing the White House staffers who are leading the selection effort.

  • July 2, 2018

    Insurer Needn't Defend Bars Sued For Fatal Hit-And-Run

    A South Carolina federal judge ruled Monday that Scottsdale Insurance Co. has no duty to defend or indemnify a pair of bars in a suit alleging they overserved alcohol to a woman accused of mortally wounding a man with her car while fleeing the scene of a brawl, holding that a policy exclusion for claims arising out of assault and battery forecloses coverage.

  • July 2, 2018

    2 Proposed Classes Denied Cert. In Aetna ERISA Fight

    A New Jersey federal judge has refused to certify a pair of putative class actions accusing Aetna of violating the Employee Retirement Income Security Act by shortchanging its customers on reimbursements for out-of-network services, ruling that there’s no common solution since the consumers’ benefit plans vary.

  • July 2, 2018

    4th Circ. Asks For SC Justices’ Take On Atty-Client Privilege

    The Fourth Circuit has asked the South Carolina Supreme Court to weigh in on whether an insurance company had waived attorney-client privilege by denying liability in a coverage dispute related to allegedly poor home construction.

  • July 2, 2018

    Horizon, Consumers Fight Over Discovery In Data Breach Suit

    Consumers have told a New Jersey federal court that Horizon Healthcare Services Inc. has refused to comply with discovery orders in a putative consolidated class action over a data breach involving information on roughly 839,000 consumers that was stored on stolen laptops, with the insurer responding its adversaries are seeking unnecessary materials.

  • June 29, 2018

    The Most Talkative Justices Of The Term

    Once again, Justice Stephen Breyer was the most talkative member of the U.S. Supreme Court during oral arguments, but another member of the court turned heads by speaking out 50 percent more than she did in the prior term.

Expert Analysis

  • A Breath Of Life For Calif. FCA Insurance Coverage

    Jan Larson

    The Ninth Circuit recently revived an insurance coverage dispute between Office Depot and AIG, holding that coverage for alleged violations of the California False Claims Act is not categorically precluded by California law. Similarities between the CFCA and the federal False Claims Act raise potential for broad application of this decision, say Jan Larson and Sebastian Brady of Jenner & Block LLP.

  • Impediments To Legal Industry's 'Inevitable' Future: Part 1

    Craig Levinson

    Legal pundits continue to make predictions that newer entrants into the industry — NewLaw firms, the Big Four and alternative legal service providers — will progressively seize greater amounts of market share from traditional law firms. But the BigLaw response has been underwhelming at best, and a glimpse at the market forces puts its lack of urgency into perspective, says Craig Levinson, founder of Levity Partners.

  • NY Reg 187 Amendment May Not Be In Anyone’s Best Interest

    Patrick Gennardo

    The New York State Department of Financial Services has proposed an updated first amendment to its Regulation 187, imposing a "best interest" rule on life insurers and producers licensed in New York. However, the updated amendment may be difficult to enforce and could subject Regulation 187 to certain legal challenges, say attorneys at Alston & Bird LLP.

  • How Immigration Issues Can Sour M&A Deals

    Christine Fuqua Gay

    Because the U.S. Department of Homeland Security's E-Verify program is frequently overlooked and misunderstood, immigration compliance issues have become more common in mergers and acquisitions and a basis of post-closing claims, such as those alleged in Post Holdings v. NPE Seller Rep, currently pending in the Delaware Chancery Court, say Christine Fuqua Gay and Ashley Hamilton of Holland & Knight LLP.

  • Why The 'Onionhead' Verdict May Make Employers Cry

    Barbara Hoey

    In U.S. Equal Employment Opportunity Commission v. United Health Programs of America, a Brooklyn federal jury recently found that the company's use of a practice called “Onionhead” amounted to religious discrimination. Details from the case show employers how the EEOC and courts may treat religious discrimination claims going forward, say Barbara Hoey and Alyssa Smilowitz of Kelley Drye & Warren LLP.

  • Companies Will Feel The Weight Of Team Telecom Oversight

    Megan Brown

    For years, a little-known group of federal agencies collectively known as "Team Telecom" has gone quietly about its oversight functions of risk assessment, mitigation and oversight. But as multiple parts of the government grapple with supply chain security, including concerns about Chinese-made communications equipment, companies should anticipate enhanced scrutiny and greater compliance obligations, say attorneys with Wiley Rein LLP.

  • The Brave New World Of Autonomous Vehicle Litigation

    Jonathan Feczko

    Autonomous vehicles promise to change the way we commute, work and even plan cities. But equally dramatic may be the way they change how we prepare and try litigation following motor vehicle accidents. Exploring how autonomous vehicle litigation might look will help practitioners better prepare for the wave to come, say Jonathan Feczko and Zachary Adams of Tucker Ellis LLP.

  • Opinion

    Why Widespread Use Of Live Video Testimony Is Not Justified

    Geoffrey Wyatt

    Despite the partiality some courts have shown to live video testimony, it provides no advantages — and several disadvantages — over the tried-and-true method of videotaped depositions, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Series

    Judging A Book: Wallach Reviews 'Uncivil Warriors'

    Judge Evan Wallach

    "Uncivil Warriors: The Lawyers' Civil War," by Peter Hoffer, is a new book about the involvement of lawyers on both sides in the American Civil War. The discussion is enlightening and often fascinating, but falls short in several key areas, says Federal Circuit Judge Evan Wallach.

  • BigLaw Blogs In A Post-GDPR Marketing Universe

    Stephan Roussan

    Connecting with potential prospects is now more challenging due to the EU General Data Protection Regulation, meaning that law firm microsites, blogs and social media will become more valuable than ever. The firms that deploy them strategically will increase their relative visibility and accelerate the rebuilding of their opt-in distribution lists, says Stephan Roussan of ICVM Group.