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Insurance

  • June 10, 2019

    Ala. Woman's $2.6M Disability Fight Will Go To London

    A woman who sued her Guernsey-based insurer for denying her claim for disability benefits will have to resolve the $2.6 million dispute through arbitration in London, after an Alabama federal judge reasoned that the arbitration clause in the policy was not unfair because she can participate in the proceeding by phone.

  • June 10, 2019

    Express Scripts Leans On BCBS Ruling In 2nd Circ. Battle

    The Sixth Circuit's recent dismissal of a disability discrimination case against BlueCross BlueShield of Tennessee supports Express Scripts' position that it can't be accused of discrimination for allegedly setting high prices, the pharmacy benefit manager told the Second Circuit.  

  • June 10, 2019

    Sears Owes $20M For Hurricane-Damaged Store, Mall Says

    The management of a Puerto Rican shopping mall has told a New York bankruptcy court that Sears broke its lease when it failed to rebuild a store damaged by Hurricane Maria and owes it $20.8 million in damages.

  • June 10, 2019

    Fla. Cos. Aided $150M Health Insurance Fraud, Suit Says

    Two consumers who say they were duped into buying what they thought was comprehensive medical insurance have filed a proposed class action in Florida federal court against Health Insurance Innovations Inc., claiming it helped run a $150 million scheme to defraud vulnerable purchasers.

  • June 10, 2019

    Insys Hits Ch. 11 After $225M Kickback Settlement

    Facing a bevy of lawsuits and declining sales for its flagship opioid, Insys Therapeutics filed for Chapter 11 protection Monday in Delaware with plans to sell the company in a bankruptcy auction, listing liabilities totaling $262.5 million, days after a $225 million settlement resolved kickback claims.

  • June 7, 2019

    Nurses, Workers Back States In ACA Birth Control Rule Fight

    A broad swath of professional, medical and legal organizations filed briefs Friday urging a Philadelphia federal judge to reject the Trump administration's rules offering wide exceptions to the Affordable Care Act's birth control coverage mandate.

  • June 7, 2019

    House Dems Champion ACA Suit Targeting Trump 'Sabotage'

    The Democratic-controlled U.S. House of Representatives threw its weight behind an ambitious lawsuit Friday that targets the Trump administration's "sabotage" of the Affordable Care Act, asserting that anti-ACA actions have harmed millions of Americans.

  • June 7, 2019

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

    The past week has seen administrators for London Capital & Finance sue the trustees of the failed bond firm, the owner of an oil tanker hit dozens of underwriters with insurance claims and a digital banking upstart take on NatWest. Here, Law360 looks at those and other new claims in the U.K.

  • June 7, 2019

    Accordia Life To Settle Suit Over No-Lapse Policies

    An Illinois federal judge gave an early approval Friday to a settlement, including $2.2 million in attorneys' fees, that ends litigation over claims that Accordia Life and Annuity Co. unlawfully canceled the no-lapse guarantees in several customers’ life insurance policies.

  • June 7, 2019

    Janssen OK With Combining Zytiga Suits If They're Sent To NJ

    Janssen Biotech told a Virginia federal court that it's fine if several proposed classes want to combine their suits accusing the pharmaceutical company of delaying the entry of a generic version of its prostate cancer drug Zytiga, as long as the case gets moved to New Jersey.

  • June 7, 2019

    Battle Not Over In NJ After 'Stranger' Life Policy Ruling

    New Jersey’s highest court made a broad move by effectively banning so-called “stranger-originated” life insurance policies this past week, but attorneys say the state justices left multiple gray areas for both investors and insurers to fight over in the courts for years to come.

  • June 7, 2019

    DC Metro Contractor Wants Quick Win In $2.1M Bond Suit

    A subcontractor on a Washington, D.C., Metro improvement project has urged an Illinois federal court to grant it a quick win on liability and damages under a payment bond claim in its suit alleging a contract bond provider and an insurer owe it $2.1 million.

  • June 7, 2019

    Wells Fargo Reaches $394M Deal To End Auto Insurance MDL

    Borrowers behind multidistrict litigation accusing Wells Fargo and National General Insurance of adding unneeded auto insurance to car loan bills are seeking approval of a settlement that would have the companies pay a combined total of at least $393.5 million.

  • June 7, 2019

    Fla. Justices To Mull Insurer's Ability To Sue Law Firm

    Florida's highest court has agreed to review whether an insurance company can bring a legal malpractice suit against a firm it paid to represent an insured in a separate case, after a lower court ruled the company lacked standing.

  • June 7, 2019

    LabCorp Sued Over Data Breach Affecting 7.7M Patients

    LabCorp dragged its feet when it should have warned patients that an estimated 7.7 million of them had their personal information exposed by hackers, the patients claim in a proposed class action filed just days after the medical testing provider revealed the data breach in a regulatory filing.

  • June 7, 2019

    Swiss Re's UK Life Insurance Unit Gearing Up For IPO

    Swiss Re said its life insurance and pensions-focused subsidiary ReAssure Group is moving forward with an initial public offering, filing a registration statement with U.K. regulators on Friday.

  • June 7, 2019

    Deepwater Horizon Case Could Steer Arbitrator Bias Rules

    A closely watched case pending before the U.K. Supreme Court presents a rare opportunity for the justices to offer guidance to arbitral institutions across the globe on the extent of an arbitrator's obligation to disclose potential conflicts of interest.

  • June 6, 2019

    9th Circ. Judge Rips Trump's 'Broad' Birth Control Exemption

    A Ninth Circuit judge on Thursday criticized the Trump administration’s proposed rules that would exempt employers from providing access to birth control on religious or moral grounds, saying they constitute “a rather broad nullification of what Congress intended” and would let anybody avoid complying with the law.

  • June 6, 2019

    Trade Groups Back Senate Plan To Fight Surprise Medical Bills

    A coalition of industry and business groups has rallied behind a draft Senate bill that lawmakers hope will reduce surprise medical billing, but it raised flags about the risks of including an independent dispute resolution process that could have the opposite effect on lowering costs for patients.

  • June 6, 2019

    Quest Diagnostics Hit With Suit Over 11.9M Client Data Breach

    A Quest Diagnostics Inc. client hit the lab company with a putative class action in New Jersey federal court Thursday over a recently revealed data breach that compromised the Social Security numbers, banking information and medical data of 11.9 million patients.

  • June 6, 2019

    The $69 Billion Questions From The CVS-Aetna Judge

    Across two days and six witnesses, the combative D.C. federal judge reviewing the U.S. Department of Justice deal clearing the CVS-Aetna merger asked many questions — some mundane, some probing — that shed light on what factors he'll consider before ruling on the $69 billion tie-up. Here are some of the highlights.

  • June 6, 2019

    2nd Circ. Won't Revive Pension Fund's Xerox Stock Suit

    The Second Circuit on Thursday refused to revive a proposed class action claiming Xerox and a group of former executives artificially inflated company stock by making misleading statements about a software platform it had developed to help state governments manage their Medicaid programs.

  • June 6, 2019

    NJ Doctor Not Covered For $2.8M Patient Abuse Verdict

    A neurology center operator and an insurer won't need to cover a New Jersey doctor for a $2.8 million verdict over his sexual relationship with a brain injury patient, a New Jersey federal court has ruled.

  • June 6, 2019

    Insys Chairman To Resign In Wake Of $225M Deal With Feds

    Insys Therapeutics Inc. Chairman Steven Meyer will leave the post he’s held since 2017, along with fellow board member Pierre Lapalme, the company said in a regulatory filing Thursday morning, a day after the drugmaker ended an opioid bribe investigation with the U.S. Department of Justice.

  • June 5, 2019

    CVS Gets Aetna's 'Huge Collection Of Customers,' Judge Says

    The D.C. federal judge reviewing the U.S. Department of Justice deal clearing the CVS-Aetna merger on Wednesday expressed doubt about the companies' claim that the tie-up won't give them leverage over rival pharmacy benefit managers.

Expert Analysis

  • Key Employer Questions After Association Health Plan Ruling

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    A D.C. federal judge's recent decision striking down parts of the U.S. Department of Labor’s association health plan rule will clearly delay parts of the regulation. But more problematic is the impact on existing AHPs formed based on provisions of the rule that were vacated, say Laura Westfall and Tabitha Crosier of King & Spalding.

  • Justice Department's ACA Reversal Raises FCA Questions

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    The U.S. Department of Justice's about-face on Affordable Care Act constitutionality may discourage potential whistleblowers from coming forward unless the DOJ clarifies its plans to enforce the False Claims Act, says Cleveland Lawrence III of Mehri & Skalet.

  • Rebuttal

    Jury Trials, Though In Decline, Are Well Worth Preserving

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    In a recent Law360 guest article, the author applauded the disappearance of jury trials as an inefficient, costly mechanism, but in doing so he overlooked the greater value of jury trials for our justice system, says Stephen Susman, executive director of the Civil Jury Project at NYU School of Law.

  • A Broader View Of The US Supreme Court Bar

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    During the past 15 years, three widely read articles bolstered by starstruck media have promulgated the incorrect perception — sorely in need of revision — that the U.S. Supreme Court bar is limited to a handful of elite lawyers, says Lawrence Ebner of Capital Appellate Advocacy.

  • 'Act Of War' Questions In Cyberattack Insurance Case

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    Mondelez's suit against Zurich over coverage for the NotPetya ransomware attack is the first time a war exclusion has been litigated in the cyber insurance context, and it could have a significant impact on property and cyber policies, say Daniel Garrie and Peter Rosen of JAMS.

  • Inside DOJ's Recent Charitable Copay Foundation Settlements

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    On April 4, the U.S. Department of Justice announced three settlements of False Claims Act cases, offering a glimpse into the ways the DOJ believes pharmaceutical companies have used charitable copay foundations to cover copays of government health program beneficiaries, circumvent anti-kickback laws and artificially bolster high drug prices, say attorneys with Skadden.

  • State Net

    Court Battles Slow Trump Health Care Rollbacks

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    A D.C. federal court recently struck down Trump administration waivers allowing two states to impose work requirements on Medicaid recipients. The case is part of a larger partisan struggle in which President Donald Trump and Republican state attorneys general continue their efforts to dismantle Obamacare, says Lou Cannon of State Net Capitol Journal.

  • Opinion

    Jury Trials Are In Decline For Good Reason

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    A recent Law360 article reported on federal judges bemoaning jury trials' nationwide decline, but these laments are unfounded as jury trials have been replaced by better alternatives, says J.B. Heaton of J.B. Heaton Research.

  • Series

    Why I Became A Lawyer: A Circuitous Path To The Law

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    Instead of going to college after high school, I followed in my father’s footsteps and became an electrician. Later I became an electrical engineer, and then an IP attorney. Every twist and turn along the way has made me a better lawyer, says Joseph Maraia of Burns & Levinson.

  • Miss. Insurers Should Beware The Voluntary Payment Doctrine

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    Recent decisions from the Fifth Circuit and Mississippi Supreme Court in Colony v. First Specialty illustrate that an insurer attempting to hedge its bets by voluntarily paying a settlement amount while also disputing coverage may risk precluding itself from seeking indemnity, say David Kroeger and Huiyi Chen of Jenner & Block.

  • Series

    Judging A Book: Conrad Reviews 'The Jury Crisis'

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    In "The Jury Crisis," jury consultant and social psychologist Drury Sherrod spotlights the vanishing jury trial, providing a fascinating canary-in-the-coal-mine warning for lawyers, litigants and society at large, says U.S. District Judge Robert Conrad of the Western District of North Carolina.

  • DOL's Overtime Rules: What To Expect For High-Paid Workers

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    Proposed updates to the U.S. Department of Labor's overtime rules require that employees earning between $100,000 and $147,414 meet stricter standards to qualify for exemption. Stephen Bronars and Deborah Foster of Edgeworth Economics discuss jobs that may be affected and why the threshold will likely continue to grow.

  • Timing Is Key For Texas Insurers Accepting Agents' Liability

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    Recent Texas federal court decisions show that insurers seeking to preclude lawsuits against their agents and ensure matters are removable to federal court should adopt sole responsibility in response to the required presuit notice letters, say Brett Wallingford and Hanna Kim of Zelle.

  • Revamping Your Approach To Client Development

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    As a former general counsel for both public and private companies, my advice to law firm attorneys who want to attract and keep clients is simple — provide certain legal services for free, says Noel Elfant, founder of General Counsel Practice.

  • What Lawyers Must Know Before Acting As Escrow Agents

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    The moment an attorney agrees to serve as an escrow agent for a client, the attorney assumes some of the most important obligations in the legal profession. Significantly, these obligations potentially extend to third parties who are not clients, say Scott Watnik and Michael Contos of Wilk Auslander.

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