State Farm "systematically and uniformly" underpaid potentially 100,000 insured California car owners by failing to fully pay state-mandated regulatory fees to those who lost their insured vehicles, according to a putative class action brought against the insurance giant Tuesday in California federal court.
A Texas federal judge rejected a county's bid to remand its $41 million Hurricane Harvey property damage suit to state court a day after the county requested it, ruling Tuesday that the county was wrong in saying that insurers waived their rights to transfer the case.
While the nation's collective consciousness largely shifted this week from the COVID-19 pandemic to rage over the killing of George Floyd by Minneapolis police, state leaders grappling with sometimes violent protests still continued to map out life after the coronavirus.
A Tenth Circuit panel on Tuesday ruled Liberty Mutual Fire Insurance Co. did not have to cover repairs to a building resulting from a subcontractor's shoddy workmanship, finding the repairs clearly fall under an exclusion under the building owner's insurance policy.
An Arkansas federal judge on Tuesday gave final approval to a $10 million settlement to end homeowners' claims that State Farm Fire and Casualty Co. shorted them on repair payments by depreciating material and labor costs.
Zelle LLP partner Steve Badger, who represents insurers in high-stakes coverage disputes, recently spoke with Law360 about his role in a new initiative by the Institute for the Advancement of the American Legal System to develop standard discovery procedures for the burgeoning number of COVID-19 insurance lawsuits.
Motorists Mutual Insurance Co. is looking to send a restaurant's coverage suit back to Pennsylvania federal court, saying there is complete diversity between the parties and the amount the restaurant is seeking for alleged losses stemming from the COVID-19 pandemic is more than $75,000.
The Trump administration moved to toss a class action challenge to a proclamation targeting uninsured green card seekers, telling an Oregon federal judge that the visa applicants don't have upcoming consular interviews and it was unlikely the policy would imminently affect them.
A New York federal magistrate judge recommended Monday that a suit accusing Verizon of wrongly keeping an underperforming investment in its 401(k) plan proceed as a class action, finding the former employee leading the suit was an adequate class representative, "if modestly so."
A Massachusetts federal judge on Monday rejected construction contractors' bid to escape a suit brought by Factory Mutual Insurance Co., which alleged that negligence caused more than $1.37 million in water damage at a Novartis facility.
A Delaware bankruptcy judge on Monday approved a request by coal mining company Cloud Peak Energy to pay $26 million in fees to its Chapter 11 professionals over objections by insurers insisting $280 million in surety bond claims should get equal priority.
A Kansas City personal injury firm being sued by former client Hiscox Insurance for allegedly mishandling a cyberattack argued on Monday that the novel case should be chopped down to a single legal malpractice claim.
A digital marketing company has repeatedly failed to show its trade secrets were stolen by an energy company that had licensed its software or that its information ever qualified as trade secrets, an Illinois federal court ruled Sunday.
In this edition of Coronavirus Q&A, a Cohen Milstein Sellers & Toll PLLC partner representing people who have suffered catastrophic injuries, who also serves as an advocate for trial attorneys, discusses how the COVID-19 pandemic has affected client intake and lobbying efforts.
A New Jersey federal judge on Sunday handed wins to six insurers, finding they are not obligated to reimburse prescription drug benefit administrator Benecard Services Inc. for its settlement of a $75 million suit over its alleged mismanagement of Medicare Part D plans.
A Las Vegas casino and resort has sued its insurer, alleging that it wrongfully denied coverage for its COVID-19 pandemic losses and claiming that it should get up to $1.1 billion in reimbursement because damages from the "communicable disease" are covered under its policy.
Three former Chubb Corp. executives who sued over their benefits plan urged a New Jersey federal judge on Monday to reject the bids by the insurer and a benefits counseling company for more than $117,000 in costs, citing procedural shortfalls in their motions.
Lieff Cabraser Heimann & Bernstein LLP and a former firm associate have won $40 million in fees from a $120 million deal they helped hospitals, health insurers and uninsured consumers ink with Sandoz and Momenta over the price of generic blood thinners.
In-N-Out Burgers hit Zurich American Insurance Co. with a breach of contract suit alleging the insurance company wrongly refused to cover the Golden State burger chain's business losses during the coronavirus pandemic, according to a suit filed Friday in California federal court.
An Illinois appellate court held Thursday that Liberty International Underwriters wasn't unreasonable or vexatious when it denied coverage under a directors and officers policy to an entertainment company accused of minority ownership oppression.
A Florida federal court struck back at Spartan Race Inc.'s calling it "ill-equipped" to hear a proposed class action accusing it of overcharging racers for "worthless" insurance, rejecting its bid to move or dismiss the suit and finding the company failed to show the fee was not a deceptive or unfair act.
Two title and insurance companies being sued by investors over an alleged Ponzi scheme have asked a California state judge to disqualify Latham & Watkins LLP from representing the investors, saying Latham's defense of the companies in a previous Ponzi case gives the firm a conflict as it goes against the businesses now.
A New Jersey federal judge ruled Friday that Republic Franklin Insurance Co. must cover a pasta company's costs to defend a suit alleging listeria contamination in its gluten-free pizza crusts sunk a business partner's distribution deal with Trader Joe's.
The litigation trustee for bankrupt insurance services firm Patriot National Inc. is urging the Delaware bankruptcy court to approve a $3 million settlement in his suit against the firm's former directors in Chancery Court.
A Texas federal judge on Friday granted a bid by a group of Lloyd's of London insurers to arbitrate a property owner's dispute over $1 million in Hurricane Harvey damage, saying the policy doesn't let the court override the arbitrator's power to decide whether arbitration is valid.
As companies and their counsel prepare for enforcement by the newly confirmed special inspector general for pandemic recovery responsible for overseeing CARES Act funds, Christy Goldsmith Romero, special inspector general for the Troubled Asset Relief Program, shares how her office has investigated fraud, waste and abuse of federal relief funds following the 2008 financial crisis.
The legal industry is uniquely positioned, and indeed obligated, to respond to the racial disparities made clear by the recent killings of George Floyd and Breonna Taylor, but lawyers must be willing to be uncomfortable, says Tiffani Lee at Holland & Knight.
The current decrease in formality and increase in common ground due to the work-from-home environment can make it easier to have a networking conversation, says Megan Burke Roudebush at Keepwith.
One mistake that attorneys commonly make when presenting a case to a third-party funder is focusing almost exclusively on liability and giving short shrift to the damages analysis — resulting in an aspirational damages estimate that falls apart under scrutiny, say Cindy Ahn and Justin Maleson at Longford Capital and Casey Grabenstein at Saul Ewing.
Insurers may be able to reduce or deny business insurance coverage to policyholders who receive Paycheck Protection Program loans, although they should be prepared to face challenges to such arguments, say Glenn Jacobson and Mark Binsky of Abrams Gorelick.
Attorneys at WilmerHale highlight recent developments in privilege law, the significant challenges raised by nontraditional working arrangements popularized during the pandemic, and ways to avoid waiving attorney-client privilege when using electronic communications.
With COVID-19 leading to the cancellation or postponement of film and television productions, concerts and sports events, entertainment companies must carefully review their insurance policies to determine whether their losses are covered, since contractual language varies widely, say Cassandra Franklin and Bruce Friedman at JAMS.
To properly manage outside counsel, it's imperative for a company's legal department to implement and maintain rules on what they will and won't pay for, on staffing cases and requesting rate increases, and on how matters will be handled, says Chris Seezen at Quovant.
The Centers for Medicare & Medicaid Services' proposed rule establishing penalties for Medicare secondary payer late reporting unduly punishes entities for making good faith efforts to disclose claims, says Re Knack at the Medicare Advocacy Recovery Coalition.
While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.
History suggests that legal malpractice claims will rise following the current economic downturn, and while a certain percentage of the claims will be unavoidable, there are prophylactic steps that law firms can take, says John Johnson at Cozen O'Connor.
With an increasingly litigious tort environment for corporate defendants, companies holding legacy liabilities would do well to investigate a capital markets solution for transferring their risks, say Mark Hemmann at FARA LLC and Peter Kelso at Roux Associates.
A Washington federal court’s recent decision that a hotel industry health care ordinance is not preempted by the Employee Retirement Income Security Act in ERISA Industry Committee v. Seattle is a critical step toward making health care universally available, particularly for low-wage, nonunion employees, says Mark DeBofsky at DeBofsky Sherman.
Dealmakers can take advantage of COVID-19’s dampening effect on M&A activity to work through timing, pandemic considerations and sale process coordination for portfolio company sales so their deals will be ready when the market eventually picks back up, say Michael Gilligan and Caitlin Cornell at Schulte Roth.
Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.