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June 18, 2024
AIG Unit Says Exclusions Bar Pet Supply Co.'s BIPA Claims
An AIG unit has told a Michigan federal court a pet supply store isn't owed defense for an underlying class action brought by employees alleging the store violated the Illinois Biometric Information Privacy Act, maintaining that a "recording and distribution" exclusion and "employment-related practices exclusion" were triggered.
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June 18, 2024
Mich. AG To Pursue Deadlocked Charges In Carhartt Atty Case
Prosecutors will continue pursuing embezzlement charges against a Michigan attorney accused of stealing from his client, a former leader of the Carhartt workwear company, after a Wayne County jury couldn't reach a decision on those claims but acquitted the attorney on other charges.
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June 18, 2024
Insurers Must Keep Defending Heating Oil Co. In Class Suit
Two Crum & Forster units must continue defending a heating oil company and several executives in a class action claiming the company provided oil with elevated levels of biodiesel that caused property damage, a Massachusetts federal court ruled, saying the policies' "failure to supply" provisions do not limit or exclude coverage.
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June 18, 2024
Wilson Elser Hires 2 McElroy Deutsch Partners In Denver
Wilson Elser Moskowitz Edelman & Dicker LLP has hired four attorneys from McElroy Deutsch Mulvaney & Carpenter LLP, including two insurance coverage and defense litigation partners, for its Denver office.
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June 17, 2024
Excess Insurers May Need To Pay In Kaiser Asbestos Dispute
A policyholder can tap into first-layer excess policies as soon as the primary coverage for that period is exhausted, the California Supreme Court ruled, potentially implicating several first-level excess insurers to contribute to coverage for underlying asbestos exposure claims against Kaiser Cement and Gypsum Corp.
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June 17, 2024
Teva, DOJ Signal Key Kickback Case May Fizzle At 1st Circ.
A U.S. Department of Justice kickback case against Teva Pharmaceuticals — closely watched by False Claims Act lawyers because of its multibillion-dollar stakes and its link to a major circuit split — is poised for settlement, according to a new First Circuit filing ahead of eagerly awaited oral arguments.
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June 17, 2024
Hurricane Coverage Fight Must Be Arbitrated, 5th Circ. Rules
The Fifth Circuit has ruled that a group of domestic insurers could force arbitration of a coverage dispute for hurricane damage under an international arbitration clause despite conflicting state law, overturning the underlying ruling based on a since-issued opinion.
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June 17, 2024
Dutch Insurer Says Record Clear To Affirm $160M Arbitration
A Dutch insurer is pushing a North Carolina federal judge to confirm a €150 million (roughly $160 million) arbitration award against insurance mogul Greg Lindberg and his companies, citing a recent order in which the court acknowledged the award as binding.
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June 17, 2024
No Coverage For Family Shareholder Row, 2nd Circ. Affirms
A Liberty Mutual unit had no duty to defend Paraco Gas Corp. and two of its executives in a family shareholder dispute, the Second Circuit affirmed Monday, finding that all claims in the underlying suit fell within the policy's contract exclusion.
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June 17, 2024
DOL Says Insurers Can't Block ERISA Retirement Advice Regs
The U.S. Department of Labor urged a Texas federal court to reject a group of insurers' bid to halt the implementation of recently finalized regulations expanding which types of retirement investment advice fall under the purview of federal benefits law, arguing the challengers' request wasn't justified.
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June 17, 2024
Pharmacy Groups Urge High Court To Hear Okla. PBM Case
Pharmacy industry groups asked the U.S. Supreme Court to reverse a Tenth Circuit decision that overturned portions of an Oklahoma law regulating pharmacy benefit managers, saying these intermediaries have driven up costs for patients while raising their own bottom lines, and states should be allowed to keep them in check.
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June 17, 2024
Dykema Adds Texas Insurance Trio From Chasnoff Valkenaar
Dykema Gossett PLLC announced that it has hired three Texas-based insurance attorneys from Chasnoff Valkenaar & Stribling LLP in some of the state's biggest markets.
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June 17, 2024
Mass. Dentist Indicted In Alleged $2M Medicaid Fraud
A Massachusetts dentist and her practice have been charged with fraudulently billing the state's Medicaid program, MassHealth, more than $2 million for services that were never provided.
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June 17, 2024
Insurers Ask 6th Circ. To Undo $13.3M Murder Coverage Loss
Two Liberty Mutual units said their insurers must reimburse them for a $13.3 million judgment stemming from a murder in a Florida motel, urging the Sixth Circuit on Monday to toss a lower court's ruling that a demand letter in the underlying suit didn't constitute a claim for bad faith.
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June 17, 2024
NJ Power Broker, Firm CEO Brother Accused Of Racketeering
Powerful New Jersey businessman George E. Norcross III and his brother who is the chief executive officer of law firm Parker McCay have been criminally charged alongside others in a scheme to acquire waterfront property in the distressed city of Camden using threats of economic and reputational harm.
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June 14, 2024
Tata Must Pay $168M For Trade Secret Theft, Texas Judge Says
A Texas federal judge has ordered Tata Consultancy to pay $168 million for willfully misappropriating an IT company's trade secrets concerning source code and life insurance software documentation, plus $25 million in prejudgment interest.
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June 14, 2024
11th Circ. Shows Insurers Preference In D&O Coverage Row
The Eleventh Circuit appeared poised to affirm a Florida district court's finding that the successor of an insurance services firm is not owed coverage for underlying shareholder-related litigation under 2017 claims-made policies because the claims are connected to ones made under a 2016 policy.
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June 14, 2024
'Riverdance' Star Can't Step Around $30M Estate Arbitration
Dancer Michael Flatley must arbitrate his €30 million ($32 million) claim against Hiscox over allegations of defective work on his estate in County Cork, an Irish court ruled Friday, saying there is nothing unfair about enforcing the policy's arbitration clause.
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June 14, 2024
Insurer Seeks Quick Exit In Casino $130M COVID Loss Suit
The insurer of a casino operator with properties on the Las Vegas strip and beyond told a Nevada federal judge to toss a $130 million COVID-19 pandemic loss coverage suit, arguing it had already paid $1 million — the only benefits due under the all-risk policy.
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June 14, 2024
Red States Look To Block ACA Trans Discrimination Rule
A group of 15 conservative states urged a Mississippi federal court to halt recently finalized regulations clarifying gender identity-based discrimination under the Affordable Care Act from taking effect, saying the new rule strips the states of their right to oversee medical ethics.
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June 14, 2024
Providers' $12M Suit Against Cigna, Multiplan Trimmed
A California federal judge trimmed a suit against Cigna and Multiplan alleging the companies lowballed reimbursement to a group of substance use disorder treatment providers seeking more than $12 million under health plans they administered, keeping a federal benefits law claim intact but dropping several state law claims.
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June 14, 2024
Trucking Co. Whittles $11.5M Suit Over Stolen Cellphones
A North Carolina federal court pared an $11.5 million lawsuit brought by a cellphone dealer and its insurer after a truckload of devices was stolen, reasoning that a negligence claim was preempted.
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June 14, 2024
4 Big ERISA Decisions From The 1st Half Of 2024
A California federal court allowed a novel type of 401(k) mismanagement suit to advance to discovery, the Ninth Circuit elaborated on the pleading standard for mental health parity claims, and workers beat back an attempt to force their federal benefits suit into arbitration at the Second Circuit. Here, attorneys discuss four consequential ERISA decisions in 2024's first half.
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June 14, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen toy company Jellycat hit supermarket Aldi with an intellectual property claim, AIG start proceedings against firefighting foam company Angus International Safety Group, and the Solicitors Regulation Authority file a legal claim against the Post Office amid the ongoing Horizon IT scandal. Here, Law360 looks at these and other new claims in the U.K.
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June 13, 2024
Youth Org. Not Covered For Ex-Worker's Claim, 6th Circ. Rules
A sexual misconduct exclusion bars a youth advocacy organization's bid for coverage of an ex-employee's claim that they were sexually harassed and assaulted by a supervisor, the Sixth Circuit affirmed Thursday, saying the organization's failure to raise certain arguments before the district court was fatal to its appeal.
Expert Analysis
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An Insurance Coverage Checklist For PFAS Defendants
With PFAS liability exposures attracting increased media attention, now is a good time for companies that could be exposed to liability related to per- and polyfluoroalkyl substances to review existing and past insurance policies, and consider taking proactive steps to maximize their likelihood of coverage, say attorneys at Nossaman.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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Class Actions At The Circuit Courts: May Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from automobile insurance to securities — and provides key takeaways for counsel on issues including circuit-specific ascertainability requirements and how to conduct a Daubert analysis prior to class certification.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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Tips For Advising CRE Owners Affected By Houston Storms
As Houston residents begin the arduous process of recovery after this month's devastating storms, attorneys should guide commercial real estate owners and managers toward immediate action under their insurance coverage to facilitate restoration and a return to normalcy, says Justin Ratley at Munsch Hardt.
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Key Insurance Considerations After $725M Benzene Verdict
The recent massive benzene verdict in Gill v. Exxon Mobil will certainly trigger insurance questions — and likely a new wave of benzene suits — so potential defendants should study Radiator Specialty v. Arrowood Indemnity, the only state high court decision regarding benzene claim coverage, says Jonathan Hardin at Perkins Coie.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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3rd Circ.'s Geico Ruling May Encourage Healthcare Arbitration
The Third Circuit's recent decision in Geico v. Mount Prospect, finding that claims under New Jersey's Insurance Fraud Prevention Act can be arbitrated, strengthens arbitration as a viable alternative to litigation, even though it is not necessarily always a more favorable forum, say Khaled Klele and Jessica Osterlof at McCarter & English.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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Key Lessons From Recent Insurance Policy Reform Litigation
A review of recent case law reveals the wide range of misunderstandings that may arise between insurers and policyholders in the purchase and renewal of insurance policies, as well as the utility — and the limits — of reformation and related remedies for these misunderstandings, say Jad Khazem and Seth Tucker at Covington.
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.