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October 10, 2024
Too Early To Decide Indemnification In Flood Row, BNSF Says
Railway giant BNSF told a California federal court that it's too early for the court to decide whether two Travelers units have a duty to indemnify BNSF in a lawsuit alleging that a track relocation project BNSF undertook caused significant flooding, noting the case is still pending.
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October 10, 2024
Suppliers' $7.6M Deal To End Daily Harvest Leek Claims OK'd
A New York federal judge has given the go-ahead to a $7.6 million settlement with suppliers for meal kit delivery service Daily Harvest Inc. to end claims from buyers that a lentil and leek meal caused gastrointestinal illness.
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October 10, 2024
Freddie Mac, Axis Ink Deal Over $32M SEC Probe Coverage
Government-backed mortgage buyer Freddie Mac told a D.C. federal court it reached a settlement with an excess insurer over its $32 million defense bill from a U.S. Securities and Exchange Commission investigation and lawsuits concerning its exposure to subprime mortgages in the lead-up to the 2008 financial crisis.
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October 10, 2024
Rock Climbing School Not Covered In Fall Suit, Insurer Says
An insurer said it doesn't owe coverage to a rock climbing school in an underlying suit brought by the family of a teenager who was injured after he fell 35 feet while climbing, telling a North Carolina federal court that the policy does not provide coverage for joint ventures.
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October 10, 2024
Holland & Knight Grows Philly, NY Offices With Insurance Pros
A pair of attorneys specializing in advising clients on insurance technology matters have moved their practices this week from Goodwin Procter LLP to Holland & Knight LLP's offices in New York and Philadelphia.
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October 09, 2024
La. Property Owner Must Arbitrate Hurricane Damage Suit
A Louisiana federal judge has ordered the owner of 24 commercial properties damaged by two hurricanes to arbitrate its dispute with a group of overseas and domestic insurers, rejecting the policyholder's arguments that the defendants had given up their right to arbitration by participating in early settlement talks.
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October 09, 2024
9th Circ. Grills Geico, Assignees Over Failed Settlement
A Ninth Circuit panel appeared conflicted over both Geico and a policyholder's assignees' arguments regarding whether the carrier acted in bad faith toward its insured when it prioritized a release of the insured's father-in-law during failed settlement negotiations with the family of a pedestrian fatally struck by the insured driver.
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October 09, 2024
Pa. Justices Skeptical That Surety Is Insurance
The Pennsylvania Supreme Court on Wednesday seemed leery of a steel company's assertion that suretyship and insurance are the same thing when it comes to the state's bad faith laws, with justices repeatedly asking how the terms were identical.
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October 09, 2024
Senior Center Denied Total Win In Insurer's Coverage Suit
An insurer for an operator of a skilled nursing facility must still cover the portion of a $225,000 wrongful death damages award exceeding a $100,000 self-insured retention even if the operator can't pay that retention, an Illinois federal court ruled, citing state public policy.
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October 09, 2024
Insurer Wins Ex-PwC Exec's Long-Term Disability Suit
An Illinois federal judge handed Hartford Life and Accident Insurance Co. a win in a federal benefits lawsuit from a former PricewaterhouseCoopers LLP executive who alleged she was wrongly denied long-term disability benefits after fibromyalgia left her unable to continue working.
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October 09, 2024
7 Firms Lead Deal Forming Insurance, Asset Management Biz
Private investment firm CC Capital and Canadian financial services company The Westaim Corp. on Wednesday announced plans to launch an integrated insurance and asset management platform through a partnership built by seven law firms.
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October 09, 2024
Frost Brown Ducks Malpractice Suit Over League Trademarks
A Delaware Superior Court judge has tossed a malpractice suit alleging that Frost Brown Todd LLP failed to adequately investigate infringement issues with trademarks a football league sought to use in the relaunch of the United States Football League.
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October 09, 2024
Settlement Ends Suit Over 'Unwanted' Insurance Agency Calls
A Georgia-based insurance agency has reached a settlement with a proposed class that accused it of making "aggressive" telemarketing calls to seniors advertising final expense and life insurance products despite the seniors' requests that the calls stop or their status on the national do-not-call list.
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October 08, 2024
Del. Justices Revive Margolis Edelstein Malpractice Suit
The full Delaware Supreme Court on Tuesday revived GMG Insurance Agency's malpractice suit claiming Margolis Edelstein's incompetence caused the insurer to have to settle a case for $1.2 million, saying there are still disputed facts about whether the law firm's representation fell below the requisite standards.
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October 08, 2024
J&J Wins OK For $505M Deal With Bankrupt Talc Miners
A Delaware bankruptcy judge approved a $505 million settlement between a pair of talc producers and Johnson & Johnson after overruling an objection by a group of insurers to the deal, which would resolve several ongoing disputes with J&J over talc injury claims.
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October 08, 2024
Underwriter Says Freight Co. Not Covered For Missing Cargo
An underwriter urged a Washington federal court to relieve it of any coverage obligations it may owe under a commercial auto policy to a freight company that is potentially on the hook for over $580,000 after a cargo broker claimed that a shipment of computer parts wasn't delivered.
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October 08, 2024
Hawaii Justices Hand AIG Win In Novel Climate Coverage Suit
AIG isn't obligated to cover a lawsuit accusing a Honolulu-based Sunoco subsidiary of contributing to climate change, the Hawaii Supreme Court ruled, saying a pollution exclusion in the oil giant's policy encompasses greenhouse gas emissions.
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October 08, 2024
Insurer Says Kiwanis Abuse Claims Won't Trigger $35M Policy
An insurer told a Washington federal judge that because its coverage only kicked in at the $35 million level, it should be dismissed from litigation seeking payment of a multimillion-dollar judgment from insurers to resolve child sex abuse survivors' claims against a foster boys home run by Kiwanis International.
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October 08, 2024
Mass. Seeks Order Forcing Steward To Maintain Coverage
Massachusetts officials are asking the Texas bankruptcy judge presiding over Steward Health Care's Chapter 11 proceedings to order the company to maintain medical malpractice and workers' compensation coverage for current and potential claims from its operation of hospitals and medical practices in the Bay State.
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October 08, 2024
3rd Circ. Won't Rehear Pa., NJ Businesses' Virus Loss Suits
The Third Circuit declined to rehear consolidated pandemic-related loss coverage disputes brought by New Jersey and Pennsylvania businesses, according to an order issued Tuesday, upholding its decision that the businesses' insurers didn't owe coverage for the claimed losses.
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October 08, 2024
Texas Class Wants Funding Firms To Face Hurricane Ad Suit
A Texas magistrate judge was wrong to recommend dropping litigation funding companies from a suit alleging a law firm deceptively advertised to hurricane victims, with a proposed class of storm victims arguing the funders must have been aware of the scheme when they loaned the firm $20 million.
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October 07, 2024
Pepsi Employee Sues Over Health Plan's 'Tobacco Surcharge'
A Pepsi employee has hauled the snack and beverage multinational into New York federal court, alleging in a proposed class action that the company unlawfully imposes a "tobacco surcharge" on employees who use tobacco products while failing to adequately notify employees that they can instead join a company wellness program.
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October 07, 2024
Factory Mutual Must Fully Cover Plant Explosions, Suit Says
Petrochemicals maker Indorama Ventures accused Factory Mutual Insurance Co. in Texas federal court Monday of wrongly refusing to fully cover roughly $100 million in losses stemming from a series of major explosions in 2019 near an Indorama plant in Texas.
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October 07, 2024
Pa. Supreme Court Snapshot: Mask Taxes, Pride Month Post
The Pennsylvania Supreme Court during its October argument session will weigh whether retailers improperly collecting sales tax on face masks, which were exempted due to the COVID-19 pandemic, amounts to "commerce" that could trigger the state's consumer protection law.
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October 07, 2024
Mich. Supreme Court Snapshot: Insulin Prices, Disney Audit
The Michigan Supreme Court's first oral argument session of the 2024-25 term promises to be a busy one, involving an investigation into Eli Lilly's insulin prices with big implications for the scope of Michigan's consumer protection law and Disney's appeal of an order to turn over decades-old uncashed checks to the state treasurer.
Expert Analysis
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Keys To Successful Commercial Property Insurance Claims
Excerpt from Practical Guidance
While insurance needs for commercial leasing arrangements are driven by the characteristics of the premises and the nature of the tenants' intended operations, there are several universal best practices landlords and their counsel can follow when making claims after loss or damage.
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How Companies Are Approaching Insider Trading Policies
An analysis of insider trading policies recently disclosed by 49 S&P 500 companies under a new U.S. Securities and Exchange Commission rule reveals that while specific provisions vary from company to company, certain common themes are emerging, say attorneys at Gibson Dunn.
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How Methods Are Evolving In Textualist Interpretations
Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.
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Finding Coverage For Online Retail Privacy Class Actions
Following recent court rulings interpreting state invasion of privacy and electronic surveillance statutes triggering a surge in the filing of privacy class actions against online retailers, companies should examine their various insurance policies, including E&O and D&O, for defense coverage of these claims, says Alison Gaske at Gilbert LLP.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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What We Know From Early Cyberinsurance Rulings
Recent cyber disruption incidents, like the Crowdstrike outage and the CDK Global cyberattack this summer, highlight the necessity of understanding legal interpretations of cyberinsurance coverage — an area in which there has been little litigation thus far, say Peter Halprin and Rebecca Schwarz at Haynes Boone.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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6 Considerations To Determine If A Cyber Incident Is Material
The U.S. Securities and Exchange Commission's recent guidance on material cybersecurity incidents covers a range of ransomware scenarios, from a company paying a sum and regaining operations to recovering payment via cyberinsurance, but makes it clear that no single factor determines whether a cybersecurity incident is material, say attorneys at Troutman Pepper.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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RealPage Suit Shows Growing Algorithm, AI Pricing Scrutiny
The U.S. Department of Justice's suit against RealPage for helping fix rental rates, filed last week, demonstrates how the use of algorithmic and artificial intelligence tools to assist with pricing decisions is drawing increasing scrutiny and action across government agencies, and specifically at the Federal Trade Commission and the DOJ, say Andre Geverola and Leah Harrell at Arnold & Porter.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.