Property
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July 05, 2024
High Court Flexes Muscle To Limit Administrative State
The U.S. Supreme Court's dismantling of a 40-year-old judicial deference doctrine, coupled with rulings stripping federal agencies of certain enforcement powers and exposing them to additional litigation, has established the October 2023 term as likely the most consequential in administrative law history.
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July 05, 2024
The Sharpest Dissents From The Supreme Court Term
The U.S. Supreme Court's session ended with a series of blockbuster cases that granted the president broad immunity, changed federal gun policy and kneecapped administrative agencies. And many of the biggest decisions fell along partisan lines.
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July 05, 2024
5 Moments That Shaped The Supreme Court's Jan. 6 Decision
When the high court limited the scope of a federal obstruction statute used to charge hundreds of rioters who stormed the Capitol, the justices did not vote along ideological lines. In a year marked by 6-3 splits, what accounts for the departure? Here are some moments from oral arguments that may have swayed the justices.
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July 05, 2024
The Funniest Moments Of The Supreme Court's Term
In a U.S. Supreme Court term teeming with serious showdowns, the august air at oral arguments filled with laughter after an attorney mentioned her plastic surgeon and a justice seemed to diss his colleagues, to cite just two of the term's mirthful moments. Here, we look at the funniest moments of the term.
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July 05, 2024
Real Estate Co. Hits Security Deposit Insurer With $5M Suit
A Texas property management company is suing its insurer for allegedly withholding claim payments partly meant to cover unpaid rent, saying the carrier improperly conditioned the payments on the property manager starting eviction proceedings.
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July 05, 2024
Judge Rips High-Rise's 'Remarkable' $8.5M Coverage Pursuit
An Illinois federal judge smacked down an $8.5 million coverage bid from the former owners of Chicago's historic Pittsfield building after finding they "boldly and repeatedly" misrepresented the extent of repair costs, instead ordering them to repay Travelers.
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July 05, 2024
The Firms That Won Big At The Supreme Court
This U.S. Supreme Court term featured high-stakes oral arguments on issues including gerrymandering, abortion and federal agency authority, and a hot bench ever more willing to engage in a lengthy back-and-forth with advocates. Here's a look at the law firms that argued the most cases and how they fared.
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July 03, 2024
Coffey Modica Promotes 2 Partners, 1 Counsel In NY
New York litigation boutique Coffey Modica LLP announced the promotion of two attorneys to partner, including the firm's first hire in 2021, as well as the elevation of another lawyer to counsel.
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July 03, 2024
Curtains Fall Rapidly For COVID-19 Loss Coverage
Just as Metallica's bid for COVID-19 cancellation coverage failed, the bell has tolled for policyholder coverage suits across the nation, as businesses seeking payback from insurers for the havoc wreaked by the global pandemic have run out of options for coverage in many states. Here, Law360 takes a look at what the future holds for pandemic-related coverage.
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July 03, 2024
Top General Liability Rulings From The First Half of 2024
The first six months of 2024 brought big wins for carriers involved in an opioid-related coverage dispute at the federal level, while state justices offered clarity for policyholders in claims-made commercial general liability policy interpretation and for a claimant's ability to pursue action against insurers. Here, Law360 breaks down the top commercial general liability rulings from the first half of the year.
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July 03, 2024
High Court's Regulatory Rulings Unsettle Coverage Risks
The U.S. Supreme Court's decisions that empower the courts at the expense of federal regulators' enforcement powers have unsettled the regulatory risks companies are used to, raising uncertainty for how professional and specialty line insurance coverage will adapt.
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July 03, 2024
After Chevron Deference: What Lawyers Need To Know
This term, the U.S. Supreme Court overturned Chevron deference, a precedent established 40 years ago that said when judges could defer to federal agencies' interpretations of law in rulemaking. Here, catch up with Law360's coverage of what is likely to happen next.
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July 03, 2024
Insurance Litigation Week In Review
An insurer won a coverage dispute over a $3.2 million injury verdict stemming from a bar fight, Texas' largest nonprofit health system failed to differentiate its pandemic business loss claims from other cases, and a petroleum company was denied coverage for multidistrict litigation over gas additives.
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July 02, 2024
9th Circ. Won't Rethink Hospitality Co.'s Virus Coverage Suit
The Ninth Circuit said Tuesday it would not rehear an international restaurant and nightclub operator's COVID-19 property insurance coverage appeal against a Liberty Mutual unit.
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July 01, 2024
W.Va. Homeowner's Depreciation Suit Survives Dismissal
A West Virginia federal court declined to toss a homeowner's lawsuit accusing an insurer, broker and loss adjuster of unlawfully depreciating the value of his home after a flood, determining that the homeowner met the pleading standards to defeat dismissal.
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July 01, 2024
Aldi Unit, Warehouse Settle Suit Over Rodent-Ravaged Sweets
A New Jersey federal court has permanently tossed a suit brought by an Aldi branch and its insurer seeking payback from a warehouse operator after rodents feasted on hundreds of thousands of dollars' worth of chocolate stored there, signing off on a settlement.
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June 28, 2024
Chevron's End Is Just The Start For Energized Agency Foes
By knocking down a powerful precedent that has towered over administrative law for 40 years, the U.S. Supreme Court's right wing Friday gave a crowning achievement to anti-agency attorneys. But for those attorneys, the achievement is merely a means to an end, and experts expect a litigation blitzkrieg to materialize quickly in the aftermath.
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June 28, 2024
In Chevron Case, Justices Trade One Unknown For Another
The U.S. Supreme Court's decision to overrule a decades-old judicial deference doctrine may cause the "eternal fog of uncertainty" surrounding federal agency actions to dissipate and level the playing field in challenges of government policies, but lawyers warn it raises new questions over what rules courts must follow and how judges will implement them.
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June 28, 2024
Insurer Says Auto Co.'s COVID Coverage Suit Is Time-Barred
An auto parts manufacturer's lawsuit seeking $50 million in coverage for COVID-19-related losses is time-barred, an insurer told a North Carolina federal court Friday, arguing that the manufacturer filed suit a year after the policy's three-year limitation period.
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June 28, 2024
Insurer Says Kennel Expansion Complaints Not Covered
A Hanover unit told a California federal court that it has no obligation to defend a dog kennel in an underlying lawsuit alleging that the kennel's expansion, which increased capacity from about 20 dogs to 200 dogs, interfered with the community's rights of possession.
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June 28, 2024
5th Circ. Tosses Texas Health System's COVID-19 Suit
The largest nonprofit health system in Texas cannot get coverage for COVID-19-related business interruption losses it said totaled over $192 million, the Fifth Circuit affirmed, highlighting previous circuit precedent establishing that COVID-19 does not cause "physical loss or damage."
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June 27, 2024
Proposed Calif. Insurance Tradeoff Draws Mixed Reactions
Insurance industry representatives and consumer advocates in California are pitching opposing visions for a proposed regulatory tradeoff at the heart of state officials’ efforts to increase homeowners insurance availability at a time of heightening wildfire risks.
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June 27, 2024
Auto Software Outage Turns Policyholders To Cyber Coverage
A ransomware attack against auto software company CDK Global that caused an ongoing disruption in the operations of car dealerships has sent policyholder experts pointing to cyber insurance policies for immediate relief.
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June 27, 2024
Insurance Litigation Week In Review
The D.C. Circuit ordered coverage for water damage stemming from an excluded peril, a Nevada state court let a COVID-19 coverage suit remain despite a pro-insurer pandemic ruling from the state's justices, Travelers avoided defending asbestos suits and Nautilus Insurance prevailed in a $3 million logging injury coverage row.
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June 27, 2024
2024 'Super Election Year' Shows Value In Risk Management
Insurance experts are warning of potentially heightened risks as the 2024 presidential race ramps up in the U.S. and elections take place abroad, advising policyholders and insurers to maintain a strong understanding of their policies ahead of potential political unrest.
Expert Analysis
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Recent Bias Suits Against Law Firms And Lessons For 2022
2021 employment discrimination case filings and developments show that law firms big and small are not immune from claims, and should serve as a reminder that the start of a new year is a good time to review and update salary, promotion and leave policies to mitigate litigation risks, says Hope Comisky at Griesing Law.
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Associate Hiring Outlook At Law Firms Is Bright For 2022
After a year of extraordinary signing bonuses, nearly instantaneous offers and flexible work arrangements, strong demand for talented law firm associates will continue into 2022 — with some differences between East and West Coast markets — and junior attorneys should take steps to capitalize on the opportunity, say Ru Bhatt and Summer Eberhard at Major Lindsey.
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The Most-Read Legal Industry Guest Articles Of 2021
Popular legal industry guest articles this year included commentary on the admissibility of video depositions, an unusual U.S. Supreme Court citation, the perils of lawyer perfectionism, and more.
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How Firms Can Adapt Amid COVID's Shifting Legal Needs
Avi Stadler at Esquire Deposition Solutions discusses the practice areas that are expanding most aggressively during the COVID-19 era of increased litigation and technology needs, and offers recommendations for how law firms can attract and retain the expertise they need to thrive in today's competitive market for legal services.
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How 11th Circ. Ruling Dominated 2021 COVID Insurance Cases
Despite being a case about construction dust and debris, the Eleventh Circuit’s 2020 opinion in Mama Jo’s v. Sparta Insurance had a pervasive and unwarranted effect this year on coverage for business interruption losses stemming from the COVID-19 pandemic, say Hugh Lumpkin and Garrett Nemeroff at Reed Smith.
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When And How To Depose Fact Witnesses Remotely In 2022
Tim Tryniecki and Thomas Mudd at MG+M offer a series of practice tips for successfully conducting remote depositions of often-inexperienced fact witnesses, as the virtual court proceedings sparked by COVID-19 look set to become a part of the legal landscape next year.
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JP Morgan Ruling May Have Broad Insurance Implications
The New York Court of Appeals' recent decision in J.P. Morgan Securities v. Vigilant Insurance — that settlement funds paid to the U.S. Securities and Exchange Commission did not constitute a penalty for insurance purposes — could have far-reaching application in other types of insurance litigation where plaintiffs could be characterized as seeking equitable relief, say Robert Shulman and Cristen Rose at Paley Rothman.
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Embracing ESG: PayPal CLO Talks Gauging Impact And Intent
For legal teams, the corporate evolution toward more intentional post-COVID-19 environmental, social and governance strategies means deeper integration across business functions, seeking counsel on emerging issues affecting stakeholders, adapting initiatives around changing policies and regulations, and advancing ESG reports to better measure impact, says Louise Pentland at PayPal.
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2 Insurance Rulings Showcase Trend Favoring Appraisal
Two recent decisions from a Florida state court and the Tenth Circuit are consistent with the purpose of, and overwhelming judicial preference toward, appraisal as a means of property claim resolution, ensuring that policyholders have further support in employing this tool against a reluctant insurer, say Matthew Weaver and Jessica Gopiao at Reed Smith.
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COVID Insurance Cases Highlight Federal-State Court Tension
COVID-19 insurance coverage litigation has resulted in an unprecedented number of federal courts preemptively ruling on an area of law in which state courts have final say — a problematic trend with likely undesirable results for litigants unless federal courts consider certain proactive solutions, says John Koch at Flaster Greenberg.
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Strike And Riot Insurance Considerations For Policyholders
As civil unrest risks evolve, outpacing the insurance products designed to cover them, businesses relying on strike, riot and civil commotion coverage or commercial property coverage should review key aspects of their policies, say Jillian Raines and Shafkat Rakib at Cohen Ziffer.
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Texas Insurers' Paths To Post-Appraisal Summary Judgment
Despite Texas insurance law changes that have altered the interaction between appraisal awards and certain extracontractual claims, recent state and federal court decisions show insurers still have options for summary judgment on policyholders' claims after the entry of an appraisal award, say Michael O'Brien and Claire Fialcowitz at Zelle.
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What To Include In Orders Governing Remote Arbitration
When conducting remote arbitration, attorneys should negotiate written orders that spell out clear rules on technology accommodations, document handling, witness readiness and other key considerations to ensure parties' rights are protected and the neutral's time is not wasted, say Matthew Williams and Christina Sarchio at Dechert.