The American Law Institute on Tuesday approved a final draft of guidelines designed to help courts navigate liability insurance cases, bringing the oft-controversial eight-year-old project to a close.
Law360 Insurance INSURANCE

Wednesday, May 23, 2018 Follow Insurance Law360

TOP NEWS

ALI Gives Final OK On Liability Insurance Guidelines

The American Law Institute on Tuesday approved a final draft of guidelines designed to help courts navigate liability insurance cases, bringing the oft-controversial eight-year-old project to a close. Read more »

Atty Overbilling Suit Not Covered By Insurance: 10th Circ.

The Tenth Circuit declined to revive a dispute between a Colorado foreclosure attorney and his insurance company, ruling that the lower court was right to find the company did not have to defend the lawyer from a class action over alleged overbilling. Read more »

Olin, Insurer Ask Rakoff To Explain Ruling On $130M Award

Lamorak Insurance Co. and Olin Corp. are haggling over the meaning of a ruling last month that directed the insurer to pay the chemical producer $130 million to cover clean-up costs at contaminated sites, with both parties asking the court what exactly it meant by “final order.” Read more »

Allstate Takes Kia Trademark Battle To 9th Circ.

Allstate has kicked off an appeal to the Ninth Circuit in a lawsuit claiming Kia Motors Corp.’s “Drive Wise” brand infringed the insurer’s “Drivewise” trademark, blasting a trial judge for overturning a verdict handed down by “nine ordinary consumers.” Read more »

LITIGATION

Ex-Allstate Workers Beat Time Bar Challenge In Benefits Row

A Pennsylvania federal judge tolled the statute of limitations Tuesday for state-law claims brought by former Allstate Insurance Co. employees, denying the insurer a partial early win in a suit alleging they lost retirement benefits when Allstate forced the workers to become contractors or face termination. Read more »

Express Scripts Beats Investor Suit Over Anthem Disclosures

Pharmacy benefit manager Express Scripts Holdings Co. on Tuesday won the dismissal of an investor suit over a breakdown in its relationship with health insurance giant Anthem Inc. that allegedly caused a multibillion-dollar drop in the value of its shares. Read more »

TRW Auto Challenges Retiree Benefits Award At 6th Circ.

The U.S. arm of TRW Automotive Holdings Corp. urged the Sixth Circuit on Monday to reject an arbitrator’s award of free health care for life to retirees, arguing that nothing in the automotive company’s collective bargaining agreement with its union staff entitled retirees to that level of benefits. Read more »

9th Circ. Urged To Keep ACA Birth Control Rules Blocked

The states of California, Delaware, Maryland, New York and Virginia told the Ninth Circuit on Monday that a California federal judge was right to block Trump administration rules letting employers forgo covering birth control under the Affordable Care Act by claiming moral or religious opposition to its use. Read more »

Atty In Pella Window Suit Seeks $1.5M Fees After Deal Hike

The attorney who represented an objector to a settlement in a class action accusing Pella Corp. of making windows that leak and cause rot asked an Illinois federal court Monday to approve $1.5 million in attorneys' fees for his work on the appeal he claims resulted in a $15 million increase to land the consumers $25.75 million. Read more »

Horizon Must Cough Up Docs, Data Breach Plaintiffs Say

Counsel for plaintiffs blasted Horizon Healthcare Services Inc.’s conduct as “inexcusable” Tuesday in urging a New Jersey federal court to compel the insurer to produce documents in a putative consolidated class action over a data breach involving information on roughly 839,000 consumers that was stored on stolen laptops. Read more »

EXPERT ANALYSIS

Rebuttal

Insurer Bad Faith Is A Reality That Dispels All Myth

A recent Law360 guest article claimed that it is extremely difficult to prove that an insurer acted in bad faith, challenging readers to check any state's definition of the term. However, if insurers want to avoid substantial exposure to tort damages, they must realize that bad faith is no mere myth, say Joan Cotkin and Steven Knott of Nossaman LLP. Read more »

LEGAL INDUSTRY

Analysis

Del. Faces IP Surge, Bench Gaps On TC Heartland's Birthday

One year after the U.S. Supreme Court’s TC Heartland ruling steered hundreds of new patent cases to Delaware from Texas and other states, federal judges and attorneys are patently scrambling to manage the surge with fewer resident judges. Read more »

Feature

Gorsuch, Ginsburg Go To Mat Again In Class Waiver Case

U.S. Supreme Court Justice Neil Gorsuch has once again delivered a 5-4 majority opinion over a vigorous dissent from his liberal colleague Justice Ruth Bader Ginsburg, this time clashing in a high-profile dispute over arbitration clauses protecting businesses from worker class actions. Read more »

New England's Bernstein Shur Updates Parental Leave Policy

New England-based law firm Bernstein Shur Sawyer & Nelson PA said Tuesday it has implemented a new parental leave policy that allows 16 weeks of paid leave for attorneys regardless of their gender, making no distinction between primary and secondary caregivers. Read more »

King & Spalding Draws Rebuke In Bid To Toss Firing Suit

A New York federal judge on Tuesday rejected King & Spalding LLP’s bid to escape allegations it fired an associate for raising ethical concerns about two partners, saying at a hearing she found it "incredibly hard" to buy the firm's stated reasons for terminating him. Read more »

Eagan Avenatti Owes Ex-Partner $10M From Bankruptcy Deal

A California bankruptcy judge on Tuesday entered a $10 million judgment against defunct class action law firm Eagan Avenatti LLP — which is owned by Michael Avenatti, the attorney representing adult film actress Stormy Daniels in her legal battle against President Donald Trump — finding the firm defaulted on its bankruptcy-resolving settlement with a former partner over allegedly unpaid fees. Read more »

NY Lawmakers Tap Interim AG Underwood To Finish Term

Acting New York Attorney General Barbara D. Underwood was tapped Tuesday by the state legislature to serve out the remainder of Eric Schneiderman’s term after he resigned earlier this month amid allegations of physical abuse by four women. Read more »

Legal Tech Download: Reed Smith, Norton Rose, Bryan Cave

The world of legal technology is quickly evolving, with new products coming to market in rapid succession. Here, Law360 takes a look at six recent developments. Read more »

JOBS
Search full listings or advertise your job opening
Law360 Pro Say Podcast

Listen to our new podcast here

LAW FIRMS

Akin Gump

Anthony Kennedy PC

Arnold & Porter

BakerHostetler

Barnow & Associates

Bayard PA

Bernstein Litowitz

Bernstein Shur

Browne George

Bryan Cave

Cleary Gottlieb

Clifford Law Offices

Covington & Burling

Cravath Swaine

Eagan Avenatti

Faegre Baker

Fish & Richardson

Greenberg Traurig

Husch Blackwell

Javerbaum Wurgaft

Jenner & Block

Kaplan Fox

Kennedys CMK

King & Spalding

Kirkland & Ellis

Kutak Rock

Lite DePalma

MoloLamken LLP

Morgan & Morgan

Morgan Lewis

Morris Nichols

Morrison & Foerster

Norton Rose Fulbright

Nossaman LLP

Pachulski Stang

Perkins Coie

Potter Anderson

Proskauer Rose

Reed Smith

Rhine Law Firm

Schiff Hardin

Simpson Thacher

Skadden

SulmeyerKupetz

Taft Stettinius

Wheeler Trigg

White and Williams

Wilentz Goldman

COMPANIES

Allstate Corporation

American Express Company

Anthem Inc.

CACI International Inc.

Epic Systems Corp.

Express Scripts Inc.

Griffin Dewatering Corp.

Kia Motors

Olin Corporation

Pella Corp.

State Farm

TIAA

TRW Automotive Holdings Corp.

The American Law Institute

United Auto Workers

Villanova University

ZTE Corp.

GOVERNMENT AGENCIES

Employee Benefits Security Administration

European Union

National Labor Relations Board

New Jersey Attorney General's Office

New York Attorney General's Office

Securities and Exchange Commission

U.S. Attorney's Office

U.S. Department of Health and Human Services

U.S. Department of Justice

U.S. Senate

U.S. Supreme Court

United States District Court for the Eastern District of Pennsylvania