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October 04, 2024
Top 5 Supreme Court Cases To Watch This Fall
The U.S. Supreme Court will hear several cases in its October 2024 term that could further refine the new administrative law landscape, establish constitutional rights to gender-affirming care for transgender minors and affect how the federal government regulates water, air and weapons. Here, Law360 looks at five of the most important cases on the Supreme Court's docket so far.
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October 04, 2024
Death Suit Coverage Dispute Must Be Heard In State Court
An Oklahoma federal court declined jurisdiction over an insurer's coverage dispute against a construction company stemming from an underlying wrongful death lawsuit, finding that keeping the action in federal court wouldn't settle the controversy and would "impede upon principles of federal-state comity."
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October 04, 2024
Insurer May Pay Only 1 Fla. Mass Shooting Victim
An insurer isn't required to pay anything to two families whose loved ones died in a mass shooting at a Miami mall because it already exhausted all its proceeds in paying one other family $50,000, a Florida federal judge ruled.
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October 04, 2024
4 Benefits Appellate Arguments To Watch In October
The Fourth Circuit will consider a drugmaker's challenge to a West Virginia state law restricting access to the abortion drug mifepristone and Ohio pension funds are seeking to revive an investor class action at the Second Circuit, while the First and Ninth Circuits will take up executive compensation disputes. Here are four appellate arguments in October involving employee benefits that attorneys may want to keep on their radar.
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October 04, 2024
Denver Charity Drops Fraudulent Grant Coverage Fight
A Denver-based nonprofit has agreed to drop its suit over insurance coverage for $349,000 in grants it gave to a different charity whose founder was accused by Colorado authorities of lying about its nonprofit status, according to court filings Friday.
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October 04, 2024
NY Appeals Court Won't Trim Sex Abuse Coverage Dispute
A New York state appeals court upheld a lower court's ruling declining to dismiss The Rockefeller University's claims that its insurers acted in bad faith and conducted deceptive trade practices while handling the university's coverage request for underlying allegations of sexual abuse.
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October 04, 2024
Private Equity Firm Says Insurer Must Pay $2.8M Hack Claim
A private equity firm said its insurer must cover over $2.83 million the firm said it lost as a result of a hacking event, telling a Nebraska federal court that its policy covers loss resulting from theft or from breach of duty by directors and officers.
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October 04, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen GMB Union sued by the makers of Tetley Tea after a staff walkout in September, boxer Mike Tyson hit with legal action from a marketing company and the Met Police face a misuse of private data claim from a woman who had a relationship with an undercover police officer. Here, Law360 looks at these and other new claims in the U.K.
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October 04, 2024
Taxation With Representation: Gibson Dunn, Weil, Simpson
In this week's Taxation with Representation, DirectTV buys EchoStar's video business for $10 billion, Marsh McLennan inks a $7.75 billion deal for McGriff Insurance, and PepsiCo closes a $1.2 billion deal to purchase Siete Foods.
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October 03, 2024
3rd Circ. Upholds Insurer's Win In Construction Co. Wage Row
An insurer for a paving and construction company has no duty to defend it against two class actions accusing the company of underpaying its employees, the Third Circuit ruled Thursday, finding an exclusion barring coverage for "wage and hour violations" is applicable.
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October 03, 2024
Eagles Insurer Bolsters Dismissal Bid In COVID Closure Suit
The insurer for the Philadelphia Eagles on Wednesday bolstered its bid to dismiss the NFL team's suit seeking coverage for business disruption and losses caused by the COVID-19 pandemic, throwing recent case law behind its position that the pandemic's early effects on public events did not constitute physical loss entitling insurance coverage.
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October 03, 2024
10th Circ. Denies Gunshot Injury Coverage To Hookah Lounge
The Tenth Circuit backed an insurer's win Thursday against a hookah lounge seeking coverage of underlying litigation over paralyzing gunshot wounds a man suffered in 2019 during a shootout between lounge security guards and an armed patron.
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October 03, 2024
12 Lawyers Who Are The Future Of The Supreme Court Bar
One attorney hasn't lost a single U.S. Supreme Court case she's argued, or even a single justice's vote. One attorney is perhaps "the preeminent SCOTUS advocate." And one may soon become U.S. solicitor general, despite acknowledging there are "judges out there who don't like me." All three are among a dozen lawyers in the vanguard of the Supreme Court bar's next generation, poised to follow in the footsteps of the bar's current icons.
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October 03, 2024
Startup Undercuts Its Case In Trade Secrets Brief, AIG Says
A group of AIG insurers told a New Jersey federal court that a competitor insurance startup they've accused of misappropriating their trade secrets undercut its own arguments for dismissal by citing a case that "does nothing to undermine the many cases" AIG has previously cited in opposition.
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October 03, 2024
NJ Mogul's Brother Says Lawyering Isn't Racketeering
Parker McCay PA shareholder Philip A. Norcross is urging a New Jersey state judge to toss the sweeping indictment against him, his power broker brother and others over an alleged extortion scheme to acquire riverfront property in a distressed city, arguing that none of the targeted conduct is criminal.
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October 03, 2024
Ex-GC Returns To Lead Massachusetts Insurance Division
Massachusetts Gov. Maura Healey announced Wednesday the appointment of a veteran in-house counsel with government and corporate experience as commissioner of the state's Division of Insurance.
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October 03, 2024
Calif. Eateries End COVID-19 Coverage Fight
The operators of two high-end Napa Valley restaurants told the Ninth Circuit they have agreed to end their suit seeking to recover pandemic-related losses from a Hartford unit following the California Supreme Court's ruling in a similar case that a virus exclusion didn't render limited virus coverage illusory.
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October 02, 2024
Insurer Seeks To Ax NC Mogul's Appeal In Receivership Row
An insurer seeking to collect on a $524 million arbitration award against insurance mogul Greg Lindberg told a North Carolina appeals court that in order to avoid a court-appointed receiver taking control of his assets, he's filed a "baseless" appeal arguing the state's courts lack jurisdiction over him.
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October 02, 2024
Gordon Rees Atty Asks Judge To Rethink Malpractice Ruling
A Gordon Rees Scully Mansukhani LLP attorney urged a Washington state court to reconsider a recent ruling denying the dismissal of legal malpractice claims brought by the insurer for a climbing equipment manufacturer, saying the assignment and subrogation of professional liability claims is improper.
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October 02, 2024
Ex-PBM Worker Says He Bribed Co-Workers In $160M Fraud
A former employee of a pharmacy benefit manager told a Texas federal jury on Wednesday that he accepted more than $180,000 in bribes over five years from a Houston man accused of running a multimillion-dollar healthcare fraud, testifying that he would often accept money to bribe his co-workers with.
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October 02, 2024
Defense Atty Escapes DQ In $3M Transaction Row, For Now
An attorney representing a businessman facing a $3 million fraud suit over a botched business transaction will not be forced to step away from the case, a South Dakota federal judge determined Wednesday, denying a motion seeking to disqualify the lawyer because he worked on the deal at issue in the suit.
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October 02, 2024
State Farm's Sanctions Bid Nixed In Driver Tech Patent Tangle
Noting that both parties had unclean hands, a Texas federal judge denied State Farm's request for sanctions in consolidated patent infringement cases brought by an inventor who patented driver monitoring technology that he claims the insurer and automakers Mercedes-Benz and Honda used without permission.
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October 02, 2024
Co. Nixes 2nd Insurer From Chemical Leak Defense Suit
A subcontractor facing consolidated personal injury claims over a chemical leak at a LyondellBasell facility in La Porte, Texas, voluntarily tossed its coverage claims against a second insurer in Texas federal court, leaving one insurer remaining in the dispute.
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October 02, 2024
4th Circ. Says Murdaugh Can't Appeal Fraud Sentence
Former South Carolina attorney Alex Murdaugh, who is serving life in prison for murder, was denied an appeal of a separate 40-year sentence after pleading guilty to stealing at least $9 million from clients by a Fourth Circuit panel that said he'd waived his right to appeal.
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October 02, 2024
Starr Says School Insurer Owes $1.9M For Abuse Settlement
Starr Indemnity & Liability Co. said it is entitled to reimbursement for its $1.9 million portion of a $3.5 million settlement paid to resolve a sexual abuse suit against a California high school, telling a federal court that a school risk-sharing pool insurer is solely liable for the payment.
Expert Analysis
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.
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How Calif. Video Recording Ruling May Affect Insured Exams
A recent California appellate decision, Myasnyankin v. Nationwide, allowing policyholders to video record all parties to an insurance examination under oath, has changed the rules of the road for EUOs and potentially opened Pandora's box for future disputes, say John Edson and Preston Bennett at Sheppard Mullin.
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Opinion
Insurance Industry Asbestos Reserve Estimates Are Unreliable
Insurance regulators rely on industry self-reporting in approving insurance company reorganizations, but AM Best data reveals that actuarial and audit estimates have been setting perniciously low levels of loss reserves for asbestos liabilities and thus should be treated with deep skepticism, says Jonathan Terrell at KCIC.
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Insurance Implications Of Trump's NY Civil Fraud Verdict
A New York state trial court’s $450 million judgment against former President Donald Trump and affiliated entities for valuation fraud offers several important lessons for companies seeking to obtain directors and officers insurance, including the consequences of fraudulent misrepresentations and critical areas of underwriting risk, says Kevin LaCroix at RT ProExec.
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Litigation Inspiration: A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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Understanding Insurance Is Key To Limiting Antitrust Liability
As regulators signal their intent to continue last year's aggressive campaign of corporate antitrust litigation, businesses must make active management of their liability insurance policies, along with a firm knowledge of the limits of their coverage, central to their strategies for limiting the enormous financial risks of enforcement, say attorneys at Nossaman.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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Opinion
High Court Should Endorse Insurer Standing In Bankruptcy
In Truck Insurance Exchange v. Kaiser Gypsum, the U.S. Supreme Court will examine bankruptcy standing doctrine as applied to insurers in mass tort cases, and should use the opportunity to eliminate spurious standing roadblocks to resolving insurer objections on their merits, says Frank Perch at White and Williams.
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Texas Insurance Ruling Could Restore Finality To Appraisal
The Texas Supreme Court's decision in Rodriguez v. Safeco, determining that full payment of an appraisal award precludes recovery of attorney fees, indicates a potential return to an era in which timely payment undoubtedly disposes of all possible policyholder claims, says Karl Schulz at Cozen O'Connor.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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Lessons For D&O Policyholders From Pharma Co. Ruling
A California federal court's recent decision in AmTrust v. 180 Life Sciences, requiring insurers to advance defense costs for a potentially covered claim, provides a valuable road map for directors and officers insurance policyholders, rebutting the common presumption that a D&O insurer's duty to advance costs is more limited than under other policies, say attorneys at Pasich.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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5 Tips For Policyholders Arbitrating R&W Insurance Claims
With more representations and warranties insurance disputes being arbitrated, policyholder counsel should note issues that are unique to RWI claims, including those of privilege, priority and preserving subrogation, says Micah Skidmore at Haynes Boone.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.