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Insurance
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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 Plakin 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 arguing 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.
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November 21, 2024
11th Circ. Asked To Rethink $100M Credit For John Hancock
The Eleventh Circuit should reverse its decision allowing John Hancock Life Insurance Co. to keep $100 million in foreign tax credits that rightfully belong to the company's investors, trustees of a retirement plan said in arguing that the court overlooked a key U.S. Treasury regulation.
Expert Analysis
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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How D&O Coverage Can Aid Against Increased AI Scrutiny
The recent increase in regulatory enforcement and securities class actions stemming from corporate use of artificial intelligence should prompt companies to ensure that their directors and officers liability insurance coverage is appropriately tailored to AI-related risks, say attorneys at Reed Smith.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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8 Tech Tips For Stress-Free Remote Depositions
Court reporter Kelly D’Amico shares practical strategies for attorneys to conduct remote depositions with ease and troubleshoot any issues that arise, as it seems deposition-by-Zoom is here to stay after the pandemic.
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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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Hurricane Coverage Ruling Clarifies Appraisal Scope In Fla.
In a case involving property insurance for hurricane damage, a Florida federal court recently enforced policy limits despite an appraisal award exceeding those limits, underscoring the boundaries between valuation and coverage — a distinction that provides valuable guidance for insurers handling post-catastrophe claims, says Tiffany Bustamante at Cozen O’Connor.
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Navigating Decentralized Clinical Trials With FDA's Guidance
The U.S. Food and Drug Administration's recently finalized guidance on conducting decentralized clinical trials, while not legally binding, can serve as a road map for sponsors, investigators and others to ensure trial integrity and participant safety, say attorneys at Phillips Lytle.
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4 Ways Attorneys Can Emotionally Prepare For Trial
In the course of litigation, trial lawyers face a number of scenarios that can incite an emotional response, but formulating a mental game plan in advance of trial can help attorneys stay cool, calm and collected in the moment, says Rachel Lary at Lightfoot Franklin.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Presidential Campaign Errors Provide Lessons For Trial Attys
Vice President Kamala Harris’ presidential campaign employed numerous strategies that evidently didn’t land, and trial attorneys should take note, because voters and jurors are both decision-makers who are listening for how one’s case presentation would affect them personally, says Reuben Guttman at Guttman Buschner.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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Cos. Should Inventory Issues To Prep For New Congress
As the legislative and oversight agendas of the 119th Congress come into sharper focus, corporate counsel should assess and plan for areas of potential oversight risk — from tax policy changes to supply chain integrity — even as much uncertainty remains, say attorneys at WilmerHale.
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Next Steps In The $2.8B Blue Cross Payout To Providers
Healthcare providers deciding whether to participate in Blue Cross Blue Shield network's recent $2.8 billion antitrust class action settlement must weigh key recovery factors, including provider type and litigation cost, say attorneys at Hall Render.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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3 Policyholder Lessons From NY Bad Faith Ruling
A New York appellate court's recent decision finding that Rockefeller University alleged viable bad faith claims against its insurers reinforces the principle that insurers may not elevate their own economic interests over those of their insureds, say attorneys at Lowenstein Sandler.