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November 25, 2024
9th Circ. Upholds Nixing Convention Center's Coverage Suit
The Ninth Circuit backed the dismissal of a Seattle convention center operator's suit seeking coverage for pandemic-related losses, saying Monday that COVID-19 and resulting government shutdown orders did not cause the requisite physical loss or damage to the center to trigger coverage.
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November 25, 2024
Tenant's Death Excluded From Coverage, Kansas Judge Says
A Kansas federal judge granted an insurer an early win in a coverage dispute with an apartment complex over an underlying lawsuit in which a tenant's son says his father died of hypothermia because of a faulty furnace, finding that a "habitability exclusion" barred coverage for the suit.
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November 25, 2024
AG Slams Bid To 'Indoctrinate' Public In NJ RICO Case
New Jersey Attorney General Matt Platkin has rebuffed attacks from businessman George Norcross and others charged in his office's sprawling racketeering case in a pair of opposition filings, accusing the defendants of attempting to try the case in the press and contending that their argument to toss the case is out of place.
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November 25, 2024
Berger Singerman Sued For Hurricane Insurance Malpractice
Berger Singerman LLP and one of its attorneys have been slammed with a legal malpractice lawsuit in Florida for allegedly botching insurance claims for a timeshare company that suffered damages in Hurricanes Michael and Irma.
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November 25, 2024
7th Circ. Says Insurers' Billing Dispute Belongs In Arbitration
An arbitrator must decide whether prior arbitral awards issued in a billing dispute between Nationwide insurers and a CNA unit preclude a new arbitration proceeding between the parties, the Seventh Circuit ruled, saying the court's precedent required that outcome.
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November 25, 2024
BigLaw Backs Barnes & Thornburg In Ga. Malpractice Appeal
More than two dozen law firms with a footprint in Georgia have told the state Supreme Court that a former client's legal malpractice claims against Barnes & Thornburg LLP were rightfully dismissed, arguing the doctrine of judgmental immunity has protected attorneys in the state for honest judgment calls for 150 years.
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November 25, 2024
NLRB Attys Renew Fight To Get Pa. Newspaper To Bargain
National Labor Relations Board prosecutors have updated their bid to compel the Pittsburgh Post-Gazette to bargain with its striking workers' unions and cover the workers' healthcare costs, telling a Pennsylvania federal judge that the record in this case and others against the newspaper support their request for an injunction.
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November 25, 2024
Insurance Mogul Denied 'Custom Detention' After Plea Deal
A convicted insurance mogul who pled guilty to a $2 billion fraud scheme has lost his bid for a temporary reprieve from county jail after turning himself in, with a federal magistrate judge citing concerns about equity if he were to grant such a "custom detention order" for the billionaire.
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November 22, 2024
Ill. Judge Bucks Colleague In Limiting BIPA Change's Reach
An Illinois federal judge held Friday that a legislative amendment limiting damages under the state's Biometric Information Privacy Act doesn't apply to lawsuits filed before the change took effect, refusing to side with a recent ruling from another judge in the same court that reached the opposite conclusion.
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November 22, 2024
Insurer Says Property Co. On Hook For $250K Cyber Theft
An insurer for a Washington condominium association told a federal court that a property management services company must reimburse the carrier for nearly $250,000 its insured lost after cybercriminals allegedly hacked into the management company's computer system and made payment requests from the condo association's bank account.
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November 22, 2024
Chemical Co.'s PFAS Coverage Suit In SC Gets Tossed
A South Carolina federal court tossed BASF Corp.'s suit seeking coverage for thousands of underlying allegations that the chemical manufacturer's firefighting foam caused pollution and injury, finding Friday that a parallel suit in New Jersey state court favors abstention.
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November 22, 2024
Insurer Owes $4.5M For Water Damage, Wash. HOA Says
A Washington state homeowners association told a federal court that its insurer owes over $4.5 million in coverage to repair hidden water damage at its condominium community, arguing that no exclusions, conditions or limitations bar coverage under its policy.
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November 22, 2024
Bondi Vowed Trump Payback. Ex-Colleagues Aren't Worried.
U.S. attorney general nominee Pam Bondi is an outspoken ally of President-elect Donald Trump and vowed during the campaign that his "prosecutors will be prosecuted," but people who've worked with her say she's well qualified to serve as the nation's top cop and downplayed concerns that she would politicize the U.S. Department of Justice.
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November 22, 2024
3 Takeaways From 6th Circ. ERISA Disability Benefits Revival
A recent Sixth Circuit ruling that handed a worker a new shot at long-term disability benefits gives a boost to plaintiffs battling caps on coverage for mental health conditions, attorneys say. Here, Law360 looks at three takeaways from the appeals court's decision.
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November 22, 2024
Ga. Roofer Drops Unpaid Contracting Suit Involving Insurer
A Savannah, Georgia, roofing company agreed to drop its suit accusing a government contractor and an insurer of not paying for about $352,000 of labor and materials it contributed to a construction project at a U.S. Army base.
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November 22, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen cash-strapped Thurrock Borough Council bring a £40 million ($50 million) negligence claim against 23 other local authorities over its solar investments from a not-for-profit local government body, AstraZeneca sue a fire safety company following a blaze at its Cambridge headquarters last year, and a director who was convicted in 2016 for corporate manslaughter face action by Manolete Partners. Here, Law360 looks at these and other new claims in the U.K.
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November 21, 2024
DOJ Fights High Court Review Of Kickback Law, Jury's Role
The U.S. Supreme Court need not review a Fifth Circuit decision upholding the convictions of three healthcare professionals accused of taking part in a $40 million kickback scheme, the federal government has told the justices in a brief.
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November 21, 2024
Fla. Insurance Broker Pleads Guilty To Defrauding Ga. Bank
A Florida insurance broker has pled guilty to bank fraud for defrauding a Georgia bank out of $6 million through loans to commercial borrowers for insurance premiums.
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November 21, 2024
Insurers Sued Over Defense Costs In Fort Bragg Housing Row
An infrastructure company and related entities providing housing for military families told a North Carolina federal court that three of its primary commercial general liability insurers must cover their defense bill from a class action accusing them of providing "unfit and uninhabitable" housing at Fort Bragg.
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November 21, 2024
Trump Selects Ex-Fla. AG Pam Bondi As New AG Pick
President-elect Donald Trump announced Thursday that he has selected Pam Bondi, a former attorney general of Florida, as his new pick for U.S. attorney general, just hours after former U.S. Rep. Matt Gaetz withdrew his name from consideration amid allegations of sexual misconduct and drug use.
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November 21, 2024
Settlement Doesn't Void Injury Coverage Ruling, Judge Says
A Colorado federal court refused to set aside its September ruling that an oil and gas production company isn't owed coverage by an electrical drilling company for a worker's underlying injury lawsuit, saying the parties' settlement negotiations don't justify vacating a valid court order.
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November 21, 2024
'Where Were You?': Judge Irked By Feds In $2B Fraud Case
A North Carolina magistrate judge said Thursday he was "appalled" by a system that left a convicted insurance mogul unable to communicate with his attorneys while he sat in a county jail for nearly a week following his guilty plea to a $2 billion fraud and money laundering scheme.
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November 21, 2024
NBA Veteran Who Cooperated In $5M Fraud Case Avoids Jail
A Manhattan federal judge on Thursday allowed former NBA center Melvin Ely to avoid prison for taking $36,000 of illegal payouts in pro basketball's $5 million health billing fraud ring, crediting his decision to cooperate in the sprawling criminal case.
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November 21, 2024
Insurer Seeks Subrogation Over Sprinkler Claims
An insurer for a contractor facing property damage claims told a New York federal court that a subcontractor and its insurers must pitch in for over $1.9 million the contractor's insurer has paid in coverage so far, even though it said the subcontractor failed to procure insurance covering the contractor.
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November 21, 2024
Chubb Unit Denies Coverage In Conn. Water Damage Dispute
An insurer told a Connecticut federal court it shouldn't have to help cover at least $1.8 million in water damage suffered by a commercial property owner because policy exclusions apply and the owner failed to mitigate the losses.
Expert Analysis
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Fla. Insurer-Breach Cases Split On Unrepaired Property Issue
A Florida appellate court's recent decision in Universal v. Qureshi is directly at odds with a 2020 decision from another Florida appellate court, and raises important questions for policyholders and insurers about the proper measure of damages in breach claims involving unrepaired property, say Andrea DeField and Yaniel Abreu at Hunton.
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Series
NY Banking Brief: All The Notable Legal Updates In Q3
In a relatively light few months for banking legal updates in New York, the state Department of Financial Services previewed its views on banking sector artificial intelligence use via insurer guidance, and an anti-money laundering enforcement action underscored the importance of international monitoring processes, say Eric McLaughlin and Dana Bayersdorfer at Davis Polk.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Plan Sponsors Must Prep For New Mental Health, Drug Rules
To comply with newly published health insurance rules requiring parity between access to mental health and substance use services compared to medical and surgical services, employers with self-insured plans will need to update third-party administrator agreements and collect data, among other compliance steps, say attorneys at Kilpatrick.
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Insurance Likely Kept Swift Out Of The Woods After Vienna
Financial losses Taylor Swift incurred from the cancellation of three concerts in Vienna in August will likely be covered by insurance policies, considering how the facts of the situation differ from those of the Foo Fighters' 2015 insurance dispute over event cancellation and terrorism coverage, say attorneys at Anderson Kill.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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Class Actions At The Circuit Courts: September Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy identifies practice tips from four recent class certification rulings involving denial of Medicare reimbursements, automobile insurance disputes, veterans' rights and automobile defects.
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3 Coverage Tips As 2nd Circ. 'Swipes Left' On Tinder Claim
The Second Circuit's recent opinion in Match Group v. Beazley Underwriting, overturning Tinder's victory on its insurer's motion to dismiss a coverage action, reinforces three best practices policyholders purchasing claims-made coverage should adhere to in order to avoid late-notice defenses, say Lynda Bennett and Alexander Corson at Lowenstein Sandler.
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.
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Why Now Is The Time For Law Firms To Hire Lateral Partners
Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Considering Possible PR Risks Of Certain Legal Tactics
Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.
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What To Know About Insurance Coverage For Antitrust Risks
With all the regulatory activity surrounding antitrust and unfair competition claims, as highlighted by last month's D.C. federal court decision that Google is a monopolist, businesses must not only ensure compliance, but also understand their potential insurance coverage when such claims arise, says Micah Skidmore at Haynes Boone.
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It's No Longer Enough For Firms To Be Trusted Advisers
Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.