• October 31, 2017

    Insys Founder Resigns From Board After Opioid Charges

    John N. Kapoor, the founder of Insys Therapeutics Inc., has resigned from the company’s board of directors after he was charged with racketeering and fraud for allegedly bribing doctors who prescribed a spray version of the opioid fentanyl to patients who didn’t necessarily have cancer pain.

  • October 31, 2017

    MF Global Can't Undo Arbitration Order In Insurer Fight

    Attorneys for MF Global Holdings Ltd. will be spending their winter in the North Atlantic after a New York federal court on Monday denied the defunct brokerage’s bid to undo a bankruptcy court order that sent a coverage dispute with Allied World to the insurer’s home country of Bermuda for arbitration.

  • October 31, 2017

    Allstate Needn't Cover Realtor In Wrongful Death Suit

    Allstate doesn't have to defend or indemnify real estate broker McColly Realtors Inc. in a wrongful death lawsuit over the demise of a family of four from carbon monoxide poisoning in a home McColly leased out, an Indiana federal judge ruled Tuesday, holding that the underlying action doesn't allege any potentially covered claims.

  • October 31, 2017

    Insurers Say Cooper's NJ Cleanup Suit Violated 1989 Deal

    Three insurance companies told a Michigan federal court Monday that Cooper Industries’ recently successful New Jersey suit against them over environmental cleanup costs was a violation of a 1989 settlement.

  • October 31, 2017

    9th Circ. Revives Suit Over Blue Cross Plan Vagueness

    The Ninth Circuit on Monday revived a lawsuit against Blue Cross Blue Shield and the Office of Personnel Management claiming their health plan information is far too vague to allow potential enrollees to project their costs, saying this summer’s Robins v. Spokeo decision changed the equation as to whether the plaintiff has standing.

  • October 31, 2017

    Carbon Monoxide Suits Not Excluded, Nonprofit Tells 9th Circ.

    Nonprofit policyholder advocacy group United Policyholders urged the Ninth Circuit on Monday to reverse an Oregon federal court's decision that a pollution exclusion in a pool contractor's policy negates coverage for underlying suits over carbon monoxide poisoning, arguing the lower court's reading of the exclusion was overbroad.

  • October 30, 2017

    CareFirst Pushes High Court To Tackle Breach Standing Divide

    Health insurer CareFirst is urging the U.S. Supreme Court to review the D.C. Circuit's decision that the risk of future harm alleged by policyholders suing over a 2014 data breach was enough to meet the Spokeo standing bar, arguing that the dispute provides an "ideal vehicle" for resolving a much wider Article III standing debate. 

  • October 30, 2017

    Union Sues J&J Over Alleged Remicade Monopoly Plot

    A New York grocery union benefits fund slapped Johnson & Johnson with a proposed class action Friday in Pennsylvania federal court, alleging the pharmaceutical giant abused its monopoly power to quash less expensive, generic versions of its best-selling Remicade drug, resulting in higher prices.

  • October 30, 2017

    Ex-Humana Worker Denied Collective Cert. In OT Suit

    A Florida federal judge on Monday refused to certify a former Humana unit employee’s overtime suit as a collective action under the Fair Labor Standards Act, saying fewer than 10 people out of a potential class of thousands have wanted to join the suit.

  • October 30, 2017

    Credit Suisse, Insurers Settle Over $69M Spent On Dud RMBS

    Credit Suisse Securities USA LLC and a group of insurers that sued the broker-dealer over $69 million in residential mortgage-backed securities rendered nearly worthless in the financial crisis settled their dispute on undisclosed terms just hours before trial on Monday.

  • October 30, 2017

    The State Of Computer Fraud Coverage Law: 5 Key Rulings

    A New York federal court’s recent decision that Medidata Solutions is entitled to coverage for a loss to an email-based theft scheme and a Michigan federal judge’s ruling that a tool manufacturer isn’t covered for a similar scam added to a body of wildly varied case law on whether computer fraud insurance covers sophisticated criminal plots.

  • October 30, 2017

    Expert Cleared To Testify In Ford Minivan Fire Insurance Suit

    A New Jersey federal judge Friday denied Ford Motor Co.’s attempt to end a suit blaming a wiring defect in a Ford minivan for a 2012 house fire, saying the homeowners and their insurer had produced a qualified expert witness.

  • October 30, 2017

    Firm Should Have Expected Malpractice Suits, 5th Circ. Told

    Imperium Insurance Co. told a Fifth Circuit panel Friday it was justified in denying law firm Shelton & Associates PA coverage for a pair of malpractice suits, saying the firm had every reason to expect at least one of those suits when it took out the policy.

  • October 30, 2017

    Insurer Urges 11th Circ. To Spare It From $15M Injury Verdict

    An insurance company on Monday asked the Eleventh Circuit to vacate a ruling putting a restaurant it insures on the hook for a $15 million verdict in a personal injury suit against a shopping center, saying the lower court ignored a Florida precedent establishing when a tenant’s insurance policy might extend to a landlord.

  • October 27, 2017

    Trump Admin Eyes Looser Limits On ACA Essential Benefits

    The Trump administration on Friday proposed new leeway for states to determine coverage of “essential health benefits” in Affordable Care Act plans, addressing a key issue targeted by the failed ACA repeal effort.

  • October 27, 2017

    AIG Says Disney Can't Arbitrate 'Pink Slime' Coverage Row

    AIG Speciality Insurance Co. blasted The Walt Disney Co.’s efforts to force into arbitration their dispute regarding whether the insurer owes $25 million toward a settlement over news reports calling a Beef Products Inc. item “pink slime,” telling a California federal court Thursday that it lacks jurisdiction and arbitration isn’t appropriate.

  • October 27, 2017

    Peoples Bank Misrepresented Coal Appraisal, Suit Says

    The Chapter 11 trustee for a group of bankrupt coal producers filed suit Thursday against Ohio-based Peoples Bank and Peoples Insurance Agency, saying the financial services companies withheld knowledge that the coal companies were very valuable in order to railroad them into a financially destructive agreement.

  • October 27, 2017

    Marshall Dennehey Ends Atty's ADA Suit Over Fear Of Heights

    Marshall Dennehey Warner Coleman & Goggin has apparently agreed to end claims that it violated the Americans with Disabilities Act by failing to accommodate an ex-insurance associate’s claustrophobia and fear of heights, according to a court filing Thursday.

  • October 27, 2017

    2nd Circ. Affirms Travelers Unit's Win In Sea Tow Suit

    A Travelers unit didn't act in bad faith in its handling of a personal injury lawsuit against Sea Tow Services International Inc., the Second Circuit affirmed on Friday, finding that the insurer's presettlement strategy in the underlying litigation doesn't support such a claim.

  • October 27, 2017

    BancorpSouth Seeks Rehearing Over $24.5M Coverage Denial

    BancorpSouth Inc. on Thursday asked the Seventh Circuit for a redo of a decision that found a Chubb Ltd. unit didn’t need to cover the bank’s $25.5 million settlement of a class action over allegedly bogus overdraft fees, saying an earlier panel construed an exclusion in Chubb’s insurance policy too broadly.

Expert Analysis

  • A BigLaw Ladies’ Guide To Becoming A 1st-Chair Trial Lawyer

    Sarah Rathke

    Judge Shira Scheindlin recently published an op-ed in The New York Times discussing the statistical truth that law firms have poor representation of female attorneys as first-chair trial lawyers. Backed by data collected by the New York State Bar Association, Judge Scheindlin’s observation is not merely anecdotal. But it doesn’t have to be inevitable, says Sarah Rathke, a partner and trial lawyer at Squire Patton Boggs LLP.

  • Chilling Litigation Tourism In Illinois 'Judicial Hellholes'

    Douglas Prochnow

    Corporations may welcome the Illinois Supreme Court's opinion in Aspen American Insurance v. Interstate Warehousing. A few of the Illinois counties affected by the ruling tied for sixth place on the American Tort Reform Foundation’s 2016-17 list of the nation’s “Judicial Hellholes,” say Blake Angelino and Doug Prochnow of Faegre Baker Daniels LLP.

  • 5 Tips To Ensure Proper Deposition Behavior

    Brian McDermott

    If conducted properly, depositions can be a powerful tool. At times, though, opposing counsel employ tactics to impede the examiner’s ability to obtain unfiltered, proper testimony from the deponent. By knowing and effectively using applicable rules and case law, however, deposing attorneys can take specific steps to combat these tactics, say attorneys with Ogletree Deakins Nash Smoak & Stewart PC.

  • Calif. Ruling Creates Uncertainty For Long-Tail Claims

    Lorelie Masters

    In Montrose v. Superior Court, a California appellate court recently adopted a horizontal exhaustion rule, seemingly at odds with other California decisions. The case may soon be taken up by the California Supreme Court, but in the meantime policyholders should anticipate Montrose-like arguments when developing strategies to maximize their insurance recoveries for long-tail claims, say attorneys with Hunton & Williams LLP.

  • Series

    Judging A Book: Tunheim Reviews 'Miles Lord'

    Chief Judge John Tunheim

    Litigator Roberta Walburn’s rollicking new book, "Miles Lord: The Maverick Judge Who Brought Corporate America to Justice," is a really good read — a fascinating story about a life lived in the heat of battle and usually at the edge of what might have been considered appropriate for a federal judge, says Chief U.S. District Judge John Tunheim of the District of Minnesota.

  • Technology Assisted Review Can Work For Small Cases


    For as long as e-discovery lawyers have been using technology assisted review, a belief has persisted that it cannot be used economically or effectively in small cases. But TAR can be highly effective in small cases, typically reducing the time and cost of a review project by 60 to 80 percent, say John Tredennick, Thomas Gricks III and Andrew Bye of Catalyst Repository Systems LLC.

  • Financial Crisis Anniversary

    The Lasting And Evolving Role Of FSOC

    Amias Gerety

    The Financial Stability Oversight Council, created in the wake of the global financial crisis that caused so much human and economic damage over the last decade, has been a central point of controversy about the Dodd-Frank Act. But time will prove that the core purposes and duties of the council are important, say Amias Gerety and David Portilla, both formerly of the FSOC.

  • Hurricane Harvey Will Test The Public Necessity Doctrine

    Katherine David

    In the aftermath of Hurricane Harvey, Texas state and federal courts will have to tackle the question of whether landowners are entitled to compensation following the government's decision to open the Addicks and Barker reservoirs, causing some homes to be flooded, say attorneys with Gardere Wynne Sewell LLP.

  • New Sedona Principles Stress Information Governance

    Saffa Sleet

    The Sedona Conference Working Group's updated Sedona Principles provides a timely reminder that the legal industry needs to be thinking more seriously about the interconnectedness between e-discovery and information governance, says Saffa Sleet of FTI Consulting Inc.

  • Between Counsel And Class Members, Silence Is Golden

    Thomas Dickerson

    Prohibiting all unapproved communications from both plaintiffs and defense counsel to members of a class of plaintiffs ensures that the court can safeguard the interests of the class members. A recent decision in a California federal court reveals the wisdom of this principle, says retired New York State Supreme Court Associate Justice Thomas Dickerson.