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Insurance
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August 23, 2024
Split 6th Circ. Refuses To Undo Amway's $37M Coverage Win
The Sixth Circuit affirmed Friday that an AIG unit must pay $37 million for failing to defend and indemnify Amway and parent company Alticor in a dustup with major record companies over the use of copyrighted music in ads.
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August 23, 2024
Insurance Software Co. Probe, Insider Sales Prompt Del. Suit
A MediaAlpha Inc. stockholder sued in Delaware's Court of Chancery on Thursday for access to the insurance marketing platform developer's books and records, pointing to stock sales by the company's two controlling investors that allegedly allowed them to avoid $66 million in stock drop losses.
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August 23, 2024
Everest Re Unit Escapes Data Breach Class Action
A New Jersey federal judge has tossed a proposed class action claiming that an Everest Re unit failed to protect customers' personal information during a data breach, ruling that the suit fails to show that the company had a duty to protect their information.
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August 23, 2024
The Biggest Texas Trial Rulings Of 2024: Midyear Report
Trial courts in Texas saw a series of high-dollar verdicts for plaintiffs in suits over patent infringement and personal injuries, but appellate courts tempered some plaintiffs' successes, backing a large retail employer in a harassment suit and tossing a verdict based on a lawyer's remarks. Here's a look at some of the biggest trial decisions in Texas in the first half of 2024.
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August 23, 2024
Patent Case Against USPTO Mimics Failed Suit, Feds Say
The federal government has moved to toss a suit alleging that the U.S. Patent and Trademark Office's website infringes patents covering the idea of two-factor authorization, arguing that a patent in the same "family" was thrown out in 2016 by a different court that said it contained "nothing inventive."
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August 23, 2024
Insurer Scores Coverage Win Over Retaining Wall Failure
A contractor's insurer has no duty to help cover a $2.66 million settlement over the contractor's faulty construction of retaining walls, a Washington federal court ruled, finding an "impaired property" exclusion applicable.
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August 23, 2024
Utah Plumbing Supply Co.'s Microcaptive Suit Tossed
A Utah federal judge dismissed Friday a plumbing supply company and its owners' bid to set aside the IRS' 2016 notice that imposed additional reporting requirements for certain microcaptive insurance arrangements under the threat of penalty, saying the court lacks jurisdiction to do so.
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August 23, 2024
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen Google sue several Russian media outlets in response to challenges to the tech giant's response to international sanctions, easyGroup bring an intellectual property claim against delivery company Easycargo, and e-money business Nyavo challenge action by the Financial Conduct Authority.
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August 22, 2024
Construction Co. Says It's Owed Coverage For Sinkhole Claim
A Washington construction company has filed a suit seeking to force an insurer to cover potential damages in an underlying lawsuit alleging the company botched a sewer pipeline replacement project, causing a sinkhole to open up along a Seattle ship canal after the job ended.
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August 22, 2024
Ex-MiMedx Sales Rep Says Fraud Schemes Pushed Her Out
A former employee of controversial biotech firm MiMedx who was sued for joining a competitor earlier this year hit the company back with a counterclaim Tuesday charging that she was forced out for refusing to go along with the company's alleged flouting of U.S. Food and Drug Administration regulations and rampant overbilling schemes.
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August 22, 2024
State Farm Can't Slash Fraud Suit, Even On The Merits
An Illinois federal judge has stuck to her decision not to let State Farm significantly cut down a proposed class action targeting an allegedly unlawful totaled-vehicle valuation formula, even while acknowledging she should have considered the merits of State Farm's arguments.
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August 22, 2024
NY AG Tells Appeals Court To Uphold $465M Trump Judgment
Donald Trump has barely challenged the extensive proof of financial statement lies undergirding a $465 million civil fraud judgment against him and his co-defendants, New York's attorney general said in an appeals brief looking to preserve the bench verdict.
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August 22, 2024
Fisher Phillips Brings Smith Gambrell Atty To DC Gov't Team
Fisher Phillips' new D.C.-based agriculture employment partner has practiced several types of law throughout his career, and told Law360 Pulse Thursday that his employment law career started unexpectedly after a managing partner at one of his first firms called out sick before an interview.
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August 22, 2024
Ga. Mineral Co., Insurer Strike Deal In Talc Coverage Suit
Phoenix Insurance Co. reached a contingent settlement with a Georgia-based mineral products company in litigation seeking to force the insurer to defend the company against an underlying suit claiming it supplied asbestos-containing talc products.
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August 22, 2024
7th Circ. Says Hidden IP Fight Doomed Insurance Coverage Bid
The Seventh Circuit has agreed an insurer could rescind its policies covering a garbage services company because that company failed to disclose an already brewing trademark dispute, concluding the company's argument that it didn't need to disclose the feud was "not supported by the record or common sense."
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August 22, 2024
Insurer, Atty Drop Case Linked To Bogus Check Scheme
An insurance firm has agreed to drop its claim seeking a declaration from a Washington federal court that it is not on the hook to cover a Seattle-area solo practitioner over an alleged counterfeit check scheme, after the bank and attorney settled their underlying dispute.
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August 21, 2024
2nd Circ. Partly Revives Life Insurance Suit Against AXA
The Second Circuit on Wednesday affirmed the dismissal of an investment firm founder's claims alleging AXA Equitable Life Insurance Co. caused the founder to miss a payment that led to the termination of his life insurance policies, but revived his claim that AXA wrongly denied his request to reinstate the policies.
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August 21, 2024
Fla. Co. To Pay $5M To End CFPB's Illegal Foreclosure Claims
Florida-based mortgage servicer Fay Servicing agreed Wednesday to pay a total of $5 million and its founder and CEO Edward Fay faces potential pay restrictions to resolve the Consumer Financial Protection Bureau's claims the company violated a prior 2017 agreement and multiple federal laws that protect borrowers against illegal foreclosure practices.
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August 21, 2024
No Coverage For CVS In Additional Opioid Actions
A Delaware state court ruled that CVS cannot get coverage for over 200 opioid-related actions that remained at issue after the pharmacy chain and its insurers agreed that thousands of other opioid suits aren't covered, finding the remaining suits asserted claims for economic harm, not bodily injury or property damage.
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August 21, 2024
9th Circ. Upholds Toss Of Suit Over Car Insurer's Data Breach
The Ninth Circuit on Wednesday refused to revive a proposed class action accusing auto insurance provider Noblr Reciprocal Exchange of failing to safeguard driver's license numbers exposed in a 2021 data breach, finding that the plaintiffs had failed to credibly allege that their data had actually been stolen.
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August 21, 2024
NJ Man Fighting Lloyd's Arbitration Bid After False Arrest
A New Jersey man who received a $5 million settlement from the city of Trenton after being falsely arrested and imprisoned for 212 days has urged a federal court not to force him to arbitrate a subsequent dispute with Lloyd's of London underwriters over payment of the judgment.
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August 21, 2024
Insurers Escape Calif. Starbucks Drive-Thru Easement Row
A California appeals court affirmed a lower court decision, finding commercial property insurers didn't have to defend an owner who allegedly tricked one tenant into signing an easement agreement for a parking lot, neglecting to mention it would be used by a Starbucks drive-thru.
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August 21, 2024
Chancery Orders Genworth Suit Funding, Fee Terms Released
Attorneys for Genworth Life Insurance Co. long-term policyholders who sued the company in Delaware's Court of Chancery over the sale of valuable subsidiaries lost a battle on Wednesday to bar the disclosure of litigation funding and fee agreements.
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August 21, 2024
NC Biz Court Bulletin: Wrinkle In Textile Family's $17M Fight
The fate of a $17 million trust battled over by its trustees and Atrium Health, as well as attorney fees in a $1.1 million data breach settlement were cemented by the North Carolina Business Court in the first half of August. In case you missed those and others, here are the highlights.
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August 21, 2024
9th Circ. Doubts Idaho Trans Health Ban Doesn't Discriminate
The Ninth Circuit appeared reluctant Wednesday to give the state of Idaho a green light for a prohibition on gender dysphoria treatment for minors, with judges vocally skeptical of the state's argument that the policy didn't discriminate based on sex.
Expert Analysis
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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.
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A Rare Look At Judicial Interpretation Of LEG Exclusions
A Florida federal court’s order last month in Archer Western-De Moya v. Ace American Insurance and an earlier decision from a D.C. federal court offer insight into how courts may interpret defects exclusion clauses developed by the London Engineering Group — filling a void in case law in the area, says Jonathan Bruce at Holman Fenwick.
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Series
ESG Around The World: Gulf Cooperation Council
The Gulf Cooperation Council is in the early stages of ESG policy implementation, but recent commitments by both states and corporations — including increases in sustainable finance transactions, environmental commitments, female representation on boards and human rights enforcement — show continuing progress toward broader ESG goals, say attorneys at Cleary.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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Justices Stay The Course In Maritime Choice-Of-Law Ruling
The U.S. Supreme Court's narrowly drawn decision in Great Lakes Insurance v. Raiders Retreat Realty, enforcing the underlying insurance contract's choice-of-law provision, carefully distinguishes those provisions from forum selection clauses, and ensures that courts will not apply its precepts outside the maritime context, says John Coyle at the University of North Carolina.
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Key Lessons After A Rare R&W Insurance Ruling
The recent New York state court decision in Novolex Holdings v. Illinois Union Insurance is noteworthy as one of the rare judicial opinions arising in the context of representations and warranties insurance, serving to remind parties entering into R&W insurance policies that they may not be immune from some doctrines unfavorable to insurers, say attorneys at Kramer Levin.
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SEC Regs Give Banks Chance To Step Up Cyber Safety Game
Just as the Sarbanes-Oxley Act forced financial institutions to undertake best practices in recordkeeping, the U.S. Securities and Exchange Commission’s recently effective cybersecurity regulations stand to similarly drive those same enterprises to seek out and implement best practices in cybersecurity, to everyone's benefit, says James Gerber at SimSpace.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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Mitigating The Risk Of Post-Closing M&A Earnout Disputes
Today's uncertain deal environment makes a well-crafted earnout an excellent way for parties to accomplish a desired transaction that would not otherwise occur, but transacting parties also need to take key steps to avoid the risk of post-closing disputes that earnouts can present, say Chad Barton and Claire Lydiard at Holland & Knight.
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How VA Court Change Is Affecting Insurance Disputes
The expansion of the Virginia Court of Appeals' jurisdiction to include review of decisions involving insurance coverage stands to significantly grow the body of related case law, likely to the benefit of policyholders, as evident in the recent decision in Bowman II v. State Farm Fire and Casualty Co., say Michael Levine and Olivia Bushman at Hunton.
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Assessing The Future Of Colorado's Economic Loss Rule
The Colorado Supreme Court's decision to review a state appellate court's ruling in Mid-Century Insurance Co. v. HIVE Construction will significantly influence the future of Colorado's economic loss rule, with high stakes for the cost of doing business in the state, says David Holman at Crisham & Holman.
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Series
Coaching High School Wrestling Makes Me A Better Lawyer
Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.