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July 19, 2024
Calif. Justices Revive Row Over State Farm's Claims Handling
California's Supreme Court revived a policyholder's case over State Farm's claims-handling practices, reversing an appeals court decision and agreeing with the state's attorney general that California's statute of limitations on unfair competition actions, not the policy or insurance code, governed the timing of the case.
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July 19, 2024
Mich. Driver's Providers Can't Obtain PIP Benefits, Panel Says
Medical providers who treated a man injured in a car crash and were assigned his insurance rights cannot recover personal injury protection benefits from a Nationwide unit, a Michigan state appeals court ruled, citing the man's failure to secure statutorily required no-fault insurance.
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July 19, 2024
Hanover Tries To Delay $13.4M Award Over Home-Care Death
Massachusetts-based Hanover Insurance Group says it should not be forced to pay a $13.4 million judgment awarded by a jury in March to the family of a man who died in a Connecticut group home until the home operator's appeal is decided, in a motion filed in New Haven Superior Court.
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July 19, 2024
NY Life Workers' $19M ERISA Deal Gets Final Approval
Current and former New York Life workers received final approval for a $19 million deal ending their lawsuit claiming the insurance giant kept inferior proprietary investment options in its employee 401(k) plans.
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July 19, 2024
Mich. Panel OKs Nonresidents To Seek No-Fault Tort Damages
Nonresidents of Michigan or individuals whose vehicles aren't registered in Michigan can still recover tort damages for their in-state auto injuries under Michigan's no-fault insurance law, a state appeals court ruled, even if they violate a statute requiring proper no-fault insurance if they stay in Michigan for over 30 days.
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July 19, 2024
Agent's Claim Over Robocall Coverage Partly Advances
A wholesale insurance agent may proceed with its claim that a retail insurance broker's misrepresentations about an alarm service company duped the agent into issuing a policy with coverage for robocall litigation, a New Jersey federal court ruled, while cutting the agent's claims for negligent misrepresentation and indemnification.
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July 19, 2024
Regeneron Rips DOJ's FCA Suit As 'Divorced From Reality'
Regeneron Pharmaceuticals Inc. has told a Massachusetts federal judge that a False Claims Act suit brought by the U.S. Department of Justice claiming the company withheld information about a drug's average sales price was "divorced from reality" and the practice the government was complaining about was commonplace.
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July 19, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen a libel clash between comedian Paul Currie and the Soho Theatre Company over allegations of anti-semitism, technology giant Huawei face a patents claim by Mediatek, Westfield Europe pursue action against Clearpay Finance for contract breaches and tour operating company Carnival hit chartered airline Maleth Aero for significant flight delays. Here, Law360 looks at these and other new claims in the U.K.
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July 18, 2024
American Airlines Beats Hidden Fees Suit Over Product Sales
American Airlines defeated a proposed class action alleging it violated its conditions of carriage by failing to disclose that it gets fees for hawking Allianz Global travel assistance products to customers booking flights, after a Michigan federal judge said Thursday the plaintiff paid Allianz Global, not American Airlines, for the products.
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July 18, 2024
Insurer Settles Coverage Row Over Wash. Day Care Sex Abuse
Following a contested nearly $25 million settlement agreement, an insurance coverage dispute arising from the molestation of children at an Olympia, Washington, day care center has been resolved, a Washington federal court announced Thursday.
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July 18, 2024
Split 9th Circ. Panel Backs Restoring DHS Bond Rule
A Ninth Circuit panel upheld a Department of Homeland Security rule barring some immigration surety firms from posting bonds for detained border-crossers Thursday, saying the rule's 2021 ratification by current Homeland Security Secretary Alejandro Mayorkas cured any defects with its original introduction in 2020.
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July 18, 2024
Atty Says Golf Malpractice Row Already Ran Its Course
An attorney seeking summary judgment in a legal malpractice suit told a New York federal judge that, five years and three courts later, the owners of the Foothills Club West Golf Court have still failed to produce evidence to support their allegations.
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July 18, 2024
Colo. Injury Firm, Insurer End Bad Faith Suit
Two months after a Colorado personal injury firm and insurer settled a dispute over coverage of litigation costs, the two sides have agreed to dismiss the firm's lawsuit against a former firm attorney accused of trying to steal its entire class action department.
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July 18, 2024
Mixed Results Greet 2 IPOs For Hospital Giant, Insurance Firm
Private equity-backed hospital operator Ardent Health and insurance brokerage TWFG Inc. began trading Thursday after completing two initial public offerings that raised $379 million combined at varying points of their price ranges, guided by four law firms.
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July 18, 2024
Vermont Suit Accuses PBMs Of Price-Fixing
Vermont's attorney general filed suit against pharmacy benefit managers Express Scripts and CVS Wednesday, accusing the companies of abusing their market power to drive up prescription costs for consumers and squeezing out price competition from small pharmacies.
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July 18, 2024
Ga. Mineral Co. Can't Nab Win In Row Over Talc Suit Coverage
A Georgia federal judge declined to grant a win to a mineral products company trying to compel a Travelers unit to defend it against an underlying suit claiming that it supplied asbestos-containing talc products.
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July 17, 2024
Top Florida Real Estate News In 2024 So Far
Catch up on the hottest real estate news out of Florida so far this year, from alleged zoning abuse and bankruptcy to a brewing condo crisis and a seven-figure highway expansion.
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July 17, 2024
Conn. Enacts Legislation To Support Captive Insurers
Connecticut Gov. Ned Lamont signed into law an act aimed at furthering the state's commitment to the captive insurance industry, building upon the legislative efforts of recent years that have positioned Connecticut as the leading domicile for captives.
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July 17, 2024
3M Denied Quick Win In Earplug MDL Coverage Dispute
3M and its subsidiary Aearo Technologies can't get a quick win in their quest for coverage for hundreds of millions of dollars in defense costs paid in connection with underlying litigation alleging that their combat earplugs failed to protect the hearing of service members and veterans, a Delaware state court ruled.
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July 17, 2024
Md. Justices Say Amazon Insurer Can Pursue Subrogation
An insurer for Amazon can continue to pursue subrogation against subcontractors for a Baltimore warehouse construction project, the Maryland Supreme Court unanimously ruled, after the insurer said it covered Amazon for over $50 million worth of damage caused by severe weather.
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July 17, 2024
Burr & Forman Accused Of Aiding Health Insurance Fraud
Burr & Forman LLP has been hit with a malpractice suit in Georgia federal court by the liquidating trustees of two purported health insurance companies after the firm allegedly aided in a scheme to defraud customers by charging exorbitant fees and denying promised coverage, saying the attorneys helped create a web of LLCs to which it siphoned off millions.
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July 17, 2024
NY Inn Settles Coverage For Law Grad Shower Film Extortion
The owner and manager of an Albany, New York, Hampton Inn where a law school graduate said she was secretly filmed showering, then blackmailed, settled with its insurers in a Georgia federal dispute over defense coverage of the woman's suit against them.
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July 17, 2024
Insurer Says No Coverage For Payment Software Sale Dispute
A management liability insurer told an Illinois federal court that it had no duty to defend sellers accused of fraud and other misdeeds as part of the sale of a payment processing company.
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July 17, 2024
Split Pa. Justices Let Billing Co. Sue Workers' Comp Insurers
A pharmacy billing agency can move ahead with its lawsuit against insurers who refused to pay for medications for workers' compensation patients, but only because the Supreme Court of Pennsylvania was evenly divided Wednesday over whether the insurers had waffled on arguing that the courts lacked jurisdiction.
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July 17, 2024
Insurers Urge Judge To Deny SVB's Ch. 11 Plan
The Chubb Companies have asked a New York bankruptcy judge to tell SVB Financial Group it must change its Chapter 11 plan or have it rejected, saying the scheme doesn't clearly provide that SVB must meet certain obligations in order to keep receiving insurance benefits.
Expert Analysis
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Opinion
$175M Bond Refiled By Trump Is Still Substantively Flawed
The corrected $175 million bond posted by former President Donald Trump on Thursday to stave off enforcement of the New York attorney general's fraud judgment against him remains substantively and procedurally flawed, as well as inadequately secured, says Adam Pollock of Pollock Cohen.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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2nd Circ. Ruling Clarifies When Demand Letters Are Claims
The Second Circuit’s decision last week in Pine Management v. Colony Insurance, affirming that an insurer had no obligation to defend an insured for claims made before the policy period, provides clarity on when presuit demands for relief constitute claims — an important issue that may be dispositive of coverage, says Bonnie Thompson at Lavin Rindner.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Series
NJ Banking Brief: All The Notable Legal Updates In Q1
Early 2024 developments in New Jersey financial regulations include new bills that propose regulating some cryptocurrency as securities and protecting banks that serve the cannabis industry, as well as the signing of a data privacy law that could change banks’ responsibility to vet vendors and borrowers, say attorneys at Chiesa Shahinian.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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SC Ruling Reinforces All Sums Coverage Trend
A South Carolina state court's recent ruling in Covil v. Pennsylvania National is the latest in a series of decisions, dating back to the 2016 New York Court of Appeals ruling in Viking Pump, that reject insurers' pro rata allocation argument, further supporting that all sums coverage is required whenever a loss could be covered under a policy in any other year, say Raymond Mascia and Thomas Dupont at Anderson Kill.
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Del. Supreme Court Insurance Ruling Aids In Defining 'Claim'
The recent Delaware Supreme Court decision in Zurich v. Syngenta, finding that a presuit letter did not constitute a claim for insurance purposes, sets out a three-factor test to help policyholders distinguish when a demand rises to the level of a claim, says Lara Langeneckert at Barnes & Thornburg.
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Series
Spray Painting Makes Me A Better Lawyer
My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.
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A Legal Playbook For Stadium Construction Agreements
As a new wave of construction in the professional sports arena space gets underway, owners must carefully consider the unique considerations and risks associated with these large-scale projects and draft agreements accordingly, say attorneys at Akerman.
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How Fieldwood Ch. 11 Ruling Bolsters Section 363 Confidence
The Fifth Circuit’s recent ruling in Fieldwood Energy’s Chapter 11 cases, which clarified that challenges to integral aspects of a bankruptcy sale are statutorily moot under Section 363(m) of the U.S. Bankruptcy Code, should bolster the confidence of prospective purchasers in these sales, say attorneys at V&E.
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Insurance Policy Takeaways From UK Lockdown Loss Ruling
An English court's recent decision in Unipolsai v. Covea, determining that insurers' losses from COVID-19 lockdowns were covered by reinsurance, highlights key issues on insurance policy wordings, including how to define a "catastrophe" in the context of the pandemic, says Daniel Healy at Brown Rudnick.
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Opinion
Judicial Independence Is Imperative This Election Year
As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.