The Eleventh Circuit unanimously affirmed Wednesday that an insurer doesn't have to cover underlying litigation against a holding company by investors who wanted to revoke an $11.7 million buy-in, because claims were made before the policy was active.
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THURSDAY, NOVEMBER 21, 2024 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

11th Circ. Says No Coverage For Holding Co. In $11.7M Row

By Elizabeth Daley

The Eleventh Circuit unanimously affirmed Wednesday that an insurer doesn't have to cover underlying litigation against a holding company by investors who wanted to revoke an $11.7 million buy-in, because claims were made before the policy was active.

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Pa. Justices Ask Why CBD Isn't 'Medicine' For Hurt Workers

By Matthew Santoni

Justices on the Pennsylvania Supreme Court questioned Wednesday why they should accept an insurer's assertion that hemp-derived CBD oil should be deemed dangerous, when an injured attorney's physician had prescribed it for pain relief as part of his workers' compensation treatment plan.

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Burger King Franchisee Escapes BIPA Coverage Counterclaim

By Celeste Bott

An Illinois federal judge has axed an AIG subsidiary's counterclaim in a Burger King franchisee's lawsuit seeking coverage for an underlying case accusing it of violating Illinois' biometric privacy law, concluding that the counterclaim is redundant and "adds nothing that will not be decided through resolution of the motions for summary judgment."

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LITIGATION

No Coverage For Road Rage Shooting Dispute, Judge Says

By Hope Patti

The auto insurer for a freight transportation company needn't cover an underlying suit over the fatal shooting of a man during a road rage altercation, a West Virginia federal court ruled, saying the shooting was "wholly unrelated to the inherent nature of the vehicle."

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Mich. School Gains Per-Wound Coverage For Shooting Suits

By Elizabeth Daley

A Michigan school district has access to at least $55 million in coverage from its insurer for a mass shooting that killed four students and injured seven people at a high school in 2021, a state court found, determining each bullet striking a victim was its own occurrence.

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La. City Must Arbitrate Hurricane Ida Claims, Insurers Say

By Hope Patti

A group of foreign and domestic insurers pushed back against a New Orleans suburb's bid to vacate an order granting arbitration in a coverage dispute over Hurricane Ida damage, telling a Louisiana federal court that the city waived any arguments opposing arbitration.

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DC Circ. Judge Blasts 'Bogus' Bid To Nix Discrimination Rule

By Nadia Dreid

One judge on a D.C. Circuit panel ripped into an insurance trade group Wednesday over its contention that it is mounting a facial challenge to a U.S. Department of Housing and Urban Development rule expanding what is considered a discriminatory housing practice.

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NJ Power Broker, Attys Demand Wiretap Docs In RICO Case

By Jake Maher

George E. Norcross III, a politically influential insurance executive in New Jersey, and others accused alongside him of a massive racketeering scheme demanded Wednesday that state prosecutors turn over complete wiretap application information dating back to 2016, arguing that those details form the core of the state's case against them.

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Insurance Mogul Seeks Transfer To Fla. Halfway House

By Hayley Fowler

A billionaire businessman embroiled in a host of criminal and civil suits centered on his crumbling insurance empire wants to relocate to a halfway house in Florida as he awaits sentencing on federal bribery charges, saying restrictions at the county jail have hamstrung his ability to talk to his defense attorneys.

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EXPERT ANALYSIS

6th Circ. Ruling Prevents Disability Insurer Overreach

The Sixth Circuit’s recent ruling in McEachin v. Reliance Standard Life Insurance offers disability insurance claimants guidance on how they might challenge misapplications of policy limitations for mental illness when a medical condition accounts for their disability, says Mark DeBofsky at DeBofsky Law.

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LEGAL INDUSTRY

BigLaw Begins Matching Milbank On Associate Bonuses

By Aebra Coe

Following the news Tuesday that Cravath Swaine & Moore LLP will pay associates year-end and special bonuses in line with those handed out by Milbank LLP this year, the firms' peers have begun to respond, with swift matches Wednesday by Paul Hastings LLP and McDermott Will & Emery LLP.

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DOJ Settles With Atty Who Reported Judge's Sexual Misconduct

By Lauren Berg

A former Alaska federal prosecutor who made allegations of sexual misconduct against then-U.S. District Judge Joshua Kindred has reached an undisclosed settlement with the U.S. Department of Justice resolving claims she suffered retaliation for speaking up, the U.S. Office of Special Counsel said Wednesday.

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Foley Shouldn't Face Data Breach Claims, Calif. Panel Says

By Dorothy Atkins

A California appellate panel affirmed the dismissal of Accellion Inc.'s cross-complaint against law firm Foley & Lardner LLP in an insurance company's lawsuit claiming the software-maker should be held liable for a $1 million ransomware attack that targeted the law firm, finding that Accellion's cross-claims are untimely.

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Weil Litigation Leaders Jump To Paul Weiss In NY

By Tracey Read

The co-chair of Weil Gotshal & Manges LLP's global litigation department and the co-head of Weil's patent litigation practice will soon be joining Paul Weiss Rifkind Wharton & Garrison LLP in New York, the latter firm announced Wednesday.

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Akerman Opens In Charlotte With 2 Moore & Van Allen Hires

By Xiumei Dong

Akerman LLP announced Wednesday the firm opened its second North Carolina office in Charlotte and brought on two new partners from Moore & Van Allen PLLC, including the former head of its renewable energy project finance team and a tax law expert.

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Judiciary Touts Reforms In Handling Workplace Complaints

By Ryan Boysen

The federal judiciary is successfully reforming the controversial process that aims to protect its 30,000 employees from sexual harassment in the workplace, according to a new internal report released Wednesday, even as lawmakers have called for scrapping that process altogether and replacing it with a new one.

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Trump Wants 'Immediate Dismissal' Of NY Hush Money Case

By Frank G. Runyeon

President-elect Donald Trump's legal team told the New York judge who presided over his hush money trial that his conviction should be thrown out due to his "overwhelming victory" at the polls, according to a filing released Wednesday.

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Musk, Ramaswamy Say High Court Rulings OK Federal Cuts

By Lauren Berg

Billionaire Elon Musk and former presidential candidate Vivek Ramaswamy, President-elect Donald Trump's picks to lead a newly created "Department of Government Efficiency," on Wednesday said two recent U.S. Supreme Court rulings will give them the authority to cut off power to regulatory agencies and conduct massive federal layoffs.

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House Dem Proposes Vote Forcing Release Of Gaetz Report

By Hailey Konnath

U.S. Rep. Sean Casten on Wednesday introduced a resolution that would require the House of Representatives to vote on whether the House Ethics Committee must release its report on the allegations against former U.S. Rep. Matt Gaetz, a proposal unveiled the same day the ethics committee failed to reach a consensus.

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Fed. Judges Still Seek New Bench Seats Amid Dems' Loss

By Courtney Bublé

The Federal Judges Association is urging the House to pass the bipartisan bill that would expand the federal courts in order to meet rising caseloads, even as the Biden administration appears to be cooling on the idea it once supported.

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Calif. Judicial Nominee Asked About Race, Parenting Writings

By Courtney Bublé

A California judicial nominee's previous writing about the murder of George Floyd in 2020, which sparked a national reckoning on race, was the subject of debate during a Senate nomination hearing on Wednesday.

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Washington State, DC District Court Picks Secure Seats

By Courtney Bublé

The Senate on Wednesday voted 50-48 to confirm Washington Court of Appeals Judge Rebecca L. Pennell to the Eastern District of Washington and 50-49 to confirm Amir Ali, former president and executive director of the MacArthur Justice Center and co-director of the Criminal Justice Appellate Clinic at Harvard Law School, to the District of Columbia.

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Girardi Pushes For New Trial Over Competency Claims

By Cara Salvatore

Counsel for Tom Girardi told a federal judge the disbarred attorney is plainly mentally incompetent and deserves a new trial over charges he defrauded clients of $15 million worth of settlement money.

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LAW FIRMS IN TODAY'S NEWS

Akerman LLP

Anderson & Kreiger

Armstrong Law Firm PA

Brown & Connery

Chiesa Shahinian

Clyde & Co

Connick and Connick

Cravath Swaine

DeBofsky Law

Deutsch Kerrigan

Elias Mickle

Foley & Lardner

Gilbert Employment Law

Girardi & Keese

Gordon Rees Scully Mansukhani

Hinkhouse Williams

Jenkins Fenstermaker

Jenner & Block

Jones Day

Katten Muchin

Kilpatrick Townsend

Latham & Watkins

McDermott Will & Emery

Milbank LLP

Moore & Van Allen

NechelesLaw

Parker McCay

Parrish Law PA

Paul Hastings

Paul Weiss

Perkins Coie

Pitt McGehee

Plunkett Cooney

Rathje Woodward

Schmidt Kirifides

Taft Stettinius

Varnum LLP

Weil Gotshal

Wyatt & Blake

COMPANIES IN TODAY'S NEWS

AXA XL Ltd.

American International Group Inc.

American Psychiatric Association

Boston University

Burger King Holdings Inc.

Canal Insurance Co.

Chevron Corp.

Consumer Attorneys of San Diego

Corporation for Public Broadcasting

Danner Inc.

Eastman Kodak Co.

Guidepost Solutions LLC

Kiteworks USA LLC

LinkedIn Corp.

Michaels Stores Inc.

National Association of Mutual Insurance Companies

Nationwide Mutual Insurance Co.

New York University

PG&E Corp.

Planned Parenthood Federation

Princeton University

Reliance Standard Life Insurance Co.

Roivant Sciences Ltd.

Tesla Inc.

The Cigna Group

The Leadership Conference on Civil & Human Rights

Wells Fargo & Co.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Equal Employment Opportunity Commission

Federal Bureau of Investigation

Federal Judicial Center

Florida Supreme Court

Food and Drug Administration

Internal Revenue Service

International Trade Commission

Judicial Conference of the United States

Louisiana Supreme Court

Manhattan District Attorney's Office

Michigan Supreme Court

National Labor Relations Board

New Jersey Attorney General's Office

New York County District Attorney's Office

New York Supreme Court, New York County

North Carolina Department of Insurance

Patent Trial and Appeal Board

Pennsylvania Supreme Court

Texas Department of Housing and Community Affairs

U.S. Attorney's Office

U.S. Attorney's Office for the Central District of California

U.S. Attorney's Office for the District of Alaska

U.S. Attorney's Office for the Western District of North Carolina

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Department of Housing and Urban Development

U.S. Department of Justice

U.S. District Court for the Central District of California

U.S. District Court for the District of Columbia

U.S. District Court for the Eastern District of Louisiana

U.S. District Court for the Eastern District of Pennsylvania

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Southern District of California

U.S. District Court for the Southern District of West Virginia

U.S. Government Accountability Office

U.S. House of Representatives

U.S. Office Of Special Counsel

U.S. Securities and Exchange Commission

U.S. Supreme Court

US Office of Management and Budget

United States District Court for the Eastern District of Washington