Split 9th Circ. Backs Cert. Denial In Progressive Car Value Suit

By Hope Patti

A split Ninth Circuit panel on Friday upheld a lower court's refusal to certify a class of Progressive policyholders in a suit over adjustments the insurer makes when calculating the actual cash value of a totaled vehicle, finding that individual questions predominate over common ones.

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Liberty Wins Defense Reimbursement In Crane Damage Row

By Ganesh Setty

A subcontractor's insurer must reimburse a Liberty Mutual unit for roughly $477,000 in defense costs stemming from settled litigation over property damage from an unsecured crane, a New York federal court ruled Friday, finding that a self-insured retention only applied with respect to the subcontractor.

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Wash. Condo Association, Insurer Settle Water Damage Suit

By Nate Beck

A Washington condominium association has settled a lawsuit with Country Casualty Insurance Co. over $2.4 million in unpaid claims for water damage that an architect and the association discovered in a probe to find hidden problems in buildings.

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Assurant Rival Seeks Toss Of 'Scant' Racketeering Claims

By Chart Riggall

A former salesman for auto warranty underwriter Assurant called on a federal judge Thursday to release him from the company's suit alleging he hatched a conspiracy to poach clients and steal records, arguing his old employer had blown up a "garden-variety business dispute" into a bogus racketeering claim.

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Insurer Doubles Down On Bid To Undo $1.1M Roof Verdict

By Ganesh Setty

A North Carolina federal court adopted the wrong causation standard in its instructions to a jury that awarded a church $1.1 million over its roof damage claim under what is known as an all-risk property policy, the church's insurer told the Fourth Circuit, urging the appeals court to set aside the verdict.

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Insurer Says Demolition Co. Can't Pursue Damage Offset

By Hope Patti

An insurer seeking to recoup $375,000 paid in connection with an implosion that damaged a policyholder's home asked a Pennsylvania state court to toss a demolition contractor's counterclaim for an offset of damages, saying the contractor attempted to improperly join a claim from a separate action.

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Roundup

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

By Laura Stewart Liberty

This past week in London has seen former Master Chef presenter Gregg Wallace sue the BBC, Elon Musk's xAI take legal action against a staff engineer, and fashion mogul Kevin-Gerald Stanford file a fresh claim against Lion Capital-owned Klotho and EY amid a long-running All Saints share acquisition dispute.

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When AI Denies, Insurance Bad Faith Claims May Follow

Two recent rulings from Minnesota and Kentucky federal courts signal that past statements about claims-handling practices may leave insurers using artificial intelligence programs in claims administration vulnerable to suits alleging bad faith and unfair trade practices, say attorneys at Cozen O'Connor.

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Resilience Planning Is New Key To Corporate Sustainability

While the current wave of deregulation may reduce government enforcement related to climate issues, businesses still need to evaluate how climate volatility may affect their operations and create new legal risks — making the apolitical concept of resilience increasingly important for companies, says J. Michael Showalter at ArentFox Schiff.

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2 Approaches To Atty Ethics Liability For Agentic AI Errors

As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.

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Analysis

When The Supreme Court Says Using Race Is OK

By Marco Poggio

The U.S. Supreme Court is allowing government agencies to expressly use race in furthering their immigration enforcement goals, while prohibiting the use of race as even one of the factors to consider in college admissions. Some legal scholars see a double standard.

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Quinn Emanuel's $30M Fee Bid Flouts Ch. 11, Co. Says

By Julie Manganis

Israeli printed circuit maker Nano Dimension has told a Massachusetts federal judge that Quinn Emanuel Urquhart & Sullivan LLP can't claim a $30 million attorney's lien to make an "end run" around the bankruptcy of 3D printing company Desktop Metal, a former client that Nano acquired.

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Hagens Berman Doubles Down On AI-Tainted Brief Correction

By Adrian Cruz

Hagens Berman Sobol Shapiro LLP said that the firm has an ethical duty to correct briefs tainted by artificial intelligence errors and that the corrected versions shouldn't be stricken from a proposed class action against online platform OnlyFans' parent company.

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Calif. Bill Blocking Fee Sharing With ABS Firms Heads To Gov.

By Emily Sawicki

A bill heading to California Gov. Gavin Newsom's desk is poised to tighten rules to restrict alternative business structure law firms from operating in the Golden State by blocking lawyers from sharing fees with out-of-state firms owned by non-lawyers.

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Analysis

Appeals Courts Rethink Harsh Youth Sentences, Search Rules

By Brandon Lowrey

State appellate courts across the country have issued major criminal law opinions this year, softening some of the harshest sentences for young defendants while shifting rules for searches and evidence collection.

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NYC Eviction Counsel Program Struggles To Meet Its Goals

By Andrea Keckley

More than half the households eligible for New York City's Right to Counsel program are not receiving legal representation in eviction cases, with representation rates peaking at just over half the qualified tenants in 2022 before falling to roughly one-third of citywide tenants in 2024, according to a report.

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Analysis

New Guidance Hacks Away At Immigration Judges' Powers

By Britain Eakin

A steady stream of Board of Immigration Appeals decisions and Executive Office for Immigration Review memos, capped by recent guidance on handling constitutional claims, shows a Trump administration reining in immigration judges overseeing removal cases.

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Analysis

Mich. AG's Loss Spells Trouble For Other Fake Elector Cases

By Carolyn Muyskens

The dismissal of charges against Michigan Republicans who participated in the so-called fake elector plot after the 2020 presidential election shows that establishing intent could be a hurdle for prosecutors as they pursue similar cases in other states, legal experts said.

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'Tyrant' Indiana Judge Ousted Over Misconduct

By Lynn LaRowe

An Indiana superior court judge who "wielded his position of power like a tyrant" during his three years on the bench has been permanently barred from judicial service by the state's Supreme Court.

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Analysis

Fresh Angles On Display In ERISA Summer Filing Uptick

By Kellie Mejdrich

Attorneys dealing with a rise in Employee Retirement Income Security Act cases are paying close attention to a handful of recent suits with allegations that put a twist on traditional benefits disputes. Here, Law360 looks at three cases with fresh angles that lawyers are keeping an eye on.

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GC Cheat Sheet: The Hottest Corporate News Of The Week

By Sue Reisinger

The federal government has accused Uber Technologies Inc. of discriminating against riders with disabilities, including individuals traveling with service animals or using stowable wheelchairs. Meanwhile, a new Law360 analysis shows that male lawyers still hold nearly three times as many equity partner roles as women do.

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Law360's Legal Lions Of The Week

By Kevin Penton

Kaplan Martin LLP leads this week's edition of Law360 Legal Lions, after the Second Circuit upheld an $83.3 million award against President Donald Trump for defaming writer E. Jean Carroll in 2019 in the wake of her sexual assault allegations, rejecting his claims of presidential immunity.

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In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

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