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November 08, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen collapsed German airline Air Berlin take action against its former auditor KPMG, the associate editor at The Spectator hit with a libel claim by a mosque over the far-right riots that took place in August and British licensing authority the Performing Right Society sue Parklife Manchester and four other festival organizers. Here, Law360 looks at these and other new claims in the U.K.
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November 07, 2024
DLA Piper Chile Adds New Dispute Resolution Partner
DLA Piper Chile has welcomed a new partner from Chilean law firm Albagli Zaliasnik to its dispute resolution practice, saying she will focus on civil litigation and arbitration in sectors including energy and finance.
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November 07, 2024
State Farm Owes No Coverage For Exec In Fatal Crash Suit
A repair company's president who was involved in a fatal accident while driving a truck he personally owned but also used on the job can't be covered under its commercial auto policies, an Alaska federal court ruled, noting it's undisputed he was on a personal errand at the time.
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November 07, 2024
Strip Mall, Insurer Agree To End Repair Payments Dispute
A Tennessee strip mall owner and its insurer agreed to bury the hatchet Thursday and resolve claims the insurance company withheld costs for building repairs via wrongful depreciation, Wisconsin federal court filings said.
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November 07, 2024
Bakery Union Local To Hold New Officer Election In DOL Deal
An Illinois-based Bakery Confectionery Tobacco Workers & Grain Millers local will conduct a new election for three officers and four trustees under the U.S. Department of Labor's supervision, according to a settlement resolving claims that the union didn't properly update members' addresses before sending out ballots.
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November 07, 2024
Property Co. Sues Insurer Over Late Coverage Rights Letter
A company providing management services to homeowners associations accused its insurer in North Carolina federal court of acting in bad faith after it said the insurer only sent it a reservation of rights letter a year into its defense of a fire damage lawsuit.
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November 07, 2024
Firm That Took Hurricane Victim Cases Wants Out Of Fee Row
A Louisiana law firm that took over now-bankrupt Houston plaintiffs firm MMA Law's hurricane victim cases is appealing a Houston bankruptcy's court's decision not to free it from a lawsuit claiming that it cut MMA out of its share of settlement fees.
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November 07, 2024
Insurer Says It Owes No Coverage For Ga. Bar Shooting Suit
An insurer told a Georgia federal court that because of policy exclusions, it shouldn't have to defend a bar against a lawsuit claiming the establishment failed to provide a safe environment and is liable for the shooting death of a 28-year-old man in its parking lot.
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November 07, 2024
MVP: Gibson Dunn's Matthew Hoffman
Matthew Hoffman of Gibson Dunn & Crutcher LLP's insurance and reinsurance practice group helped secure wins for AIG insurers in major areas of coverage litigation involving opioid, COVID-19 and sexual abuse claims, earning him a spot as one of the 2024 Law360 Insurance MVPs.
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November 06, 2024
3rd Circ. Mulls Mootness In Boy Scouts Ch. 11 Plan Appeals
Questions over whether equitable and statutory mootness foreclose challenges to the Boy Scouts of America's bankruptcy took center stage Wednesday during arguments before the Third Circuit, with the judges and parties involved noting the impact that changing the Chapter 11 plan that's already in effect could have on thousands of sexual abuse survivors.
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November 06, 2024
5th Circ. Chides Texas For Clashing Insurance Law Messages
A Fifth Circuit judge Wednesday told the state of Texas it was "having its cake and eating it too" by arguing it didn't plan to enforce a law governing certain disclosures between vision insurers and optometrists while simultaneously fighting off a temporary injunction enjoining the law from going into effect.
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November 06, 2024
Insurers Urge Del. Justices To Reverse Drug Co. Policy Ruling
Attorneys for three insurers battling Alexion Pharmaceuticals Inc. over potential director and officer insurance payouts in a securities action launched before Alexion received a separate federal regulator penalty told Delaware's Supreme Court on Wednesday that a lower court decision wrongly sided with the company on coverage worth an additional $20 million.
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November 06, 2024
Ga. Judge Trims Insurer's Shooting Coverage Claims
A Georgia federal judge Wednesday threw out as premature AMCO Insurance Co.'s claim asserting it has no duty to indemnify an apartment complex facing litigation after a resident was struck by multiple bullets while sleeping, but left in place its claim it has no duty to defend the complex.
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November 06, 2024
Insurer Must Fully Cover $1.17M Crash Award, Fla. Panel Says
A Florida state appeals court upheld a directed verdict finding an auto insurer acted in bad faith while attempting to settle a woman's injury claims over a drunken driving crash, affirming Wednesday that the company must fully cover her $1.17 million compensatory damages award, less a prior $25,000 payment.
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November 06, 2024
Convicted NC Mogul Takes Plea Deal In 2nd Criminal Case
Convicted insurance magnate Greg Lindberg has copped a plea deal in his second criminal case on charges he lied to state insurance regulators and defrauded policyholders, according to recent federal court filings in North Carolina.
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November 06, 2024
Telecom Co. Seeks Toss Of Insurer's Marshall Fire Suit
A Lumen Technologies subsidiary urged a Colorado federal court to toss a Liberty Mutual unit's suit seeking to avoid coverage for underlying actions over the 2021 Marshall Fire, saying the insurer lacks standing because it has not suffered any injury.
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November 06, 2024
MVP: Cohen Ziffer's Keith McKenna
Keith McKenna of Cohen Ziffer Frenchman & McKenna won Walmart Inc. defense coverage for underlying opioid lawsuits and helped New York State policyholders enshrine their rights to payback for frivolous insurer suits — earning him a spot among the 2024 Law360 Insurance MVPs.
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November 05, 2024
Trump Has Official Immunity. What About His Aides?
Whether the U.S. Supreme Court's decision on presidential immunity extends to subordinates who follow a president's orders has become a more pressing question in the wake of Donald Trump's projected election win, according to legal experts.
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November 05, 2024
How Trump Can Quash His Criminal Cases
Donald Trump's projected victory at the polls also translates to a win in the courts, as the second-term president will have the power to end both of his federal criminal cases. And the U.S. Supreme Court's decision on presidential immunity would shield him from any consequences for ordering his charges to be dismissed, experts say.
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November 05, 2024
An Early Look At Trump's Supreme Court Shortlist
With former President Donald Trump projected to win the 2024 presidential election and the Republicans' success in securing the U.S. Senate majority, Trump may now get the chance to appoint two more justices to the U.S. Supreme Court, cementing the court's conservative tilt for decades to come.
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November 05, 2024
GOP's Senate Win Hands Future Of The Judiciary To Trump
Republicans were projected to take back the White House and Senate and possibly the House early Wednesday, putting the GOP in position to back Donald Trump's agenda and his slate of young, conservative judicial nominees.
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November 05, 2024
The Firms With An Inside Track To A New Trump Admin
Law firms that have represented Donald Trump and the Republican Party on everything from personal legal woes to election-related lawsuits could see the risks of that work pay dividends as Trump is projected to secure a second term in office.
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November 05, 2024
Voters Pass Medicaid Tax In Calif., Support IVF Coverage In Ill.
A tax on managed care organizations in California and an Illinois advisory question supporting access to in vitro fertilization won voter approval Tuesday as state-level ballot measures were set to shape healthcare policy across the country, according to unofficial election returns.
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November 05, 2024
Susman Godfrey Opposes Fee Bid In $147.5M Insurance Deal
Susman Godfrey LLP lawyers have objected to three firms' requests for $36.9 million in attorney fees in a life insurance class action, saying they spent millions pressing similar New York and Pennsylvania claims being swept into an allegedly undervalued $147.5 million global settlement in Connecticut.
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November 05, 2024
Insurer Says No Coverage For Doctor Sex Assault Claims
An insurer covering an Ohio doctor who was indicted for over 50 counts of sexual misconduct and a private practice he worked at told an Ohio federal court that their policies must be rescinded because of multiple misrepresentations in policy renewals.
Expert Analysis
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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Class Actions At The Circuit Courts: May Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from automobile insurance to securities — and provides key takeaways for counsel on issues including circuit-specific ascertainability requirements and how to conduct a Daubert analysis prior to class certification.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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Tips For Advising CRE Owners Affected By Houston Storms
As Houston residents begin the arduous process of recovery after this month's devastating storms, attorneys should guide commercial real estate owners and managers toward immediate action under their insurance coverage to facilitate restoration and a return to normalcy, says Justin Ratley at Munsch Hardt.
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Key Insurance Considerations After $725M Benzene Verdict
The recent massive benzene verdict in Gill v. Exxon Mobil will certainly trigger insurance questions — and likely a new wave of benzene suits — so potential defendants should study Radiator Specialty v. Arrowood Indemnity, the only state high court decision regarding benzene claim coverage, says Jonathan Hardin at Perkins Coie.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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3rd Circ.'s Geico Ruling May Encourage Healthcare Arbitration
The Third Circuit's recent decision in Geico v. Mount Prospect, finding that claims under New Jersey's Insurance Fraud Prevention Act can be arbitrated, strengthens arbitration as a viable alternative to litigation, even though it is not necessarily always a more favorable forum, say Khaled Klele and Jessica Osterlof at McCarter & English.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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Key Lessons From Recent Insurance Policy Reform Litigation
A review of recent case law reveals the wide range of misunderstandings that may arise between insurers and policyholders in the purchase and renewal of insurance policies, as well as the utility — and the limits — of reformation and related remedies for these misunderstandings, say Jad Khazem and Seth Tucker at Covington.
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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Corporate Insurance Considerations For Trafficking Claims
With the surge in litigation over liability under the Trafficking Victims Protection Reauthorization Act, corporate risk managers and in-house counsel need to ensure that appropriate insurance coverage is in place to provide for defense and indemnity against this liability, says Micah Skidmore at Haynes Boone.