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Insurance
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January 22, 2025
Benzene Suits Against Retailers Not Covered, Insurer Says
An insurer doesn't have to cover claims that CVS, Walmart, Walgreens and others sold products linked to a carcinogen, benzene, because the customers making the underlying allegations sought only reimbursement for the products they bought, the carrier told a California state court.
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January 22, 2025
Insurance Group Of The Year: Cohen Ziffer
Cohen Ziffer Frenchman & McKenna LLP gained coverage for opioid litigation against Walmart Inc., convincing an Arkansas court that damages were sought in opioid cases because of bodily injuries, cementing the firm for the second year running among the 2024 Law360 Insurance Groups of the Year.
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January 22, 2025
Nationwide Unit Needn't Cover Self-Dealing Suit, Court Says
A Nationwide unit doesn't owe coverage for a federal bankruptcy suit accusing two restaurateurs of engaging in self-dealing, a California federal court ruled, pointing to a policy exclusion barring coverage for wrongful acts that were noticed under a prior policy.
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January 22, 2025
Captive Insurance Co. Head Seeks Tax-Shelter Fine Refund
A tax attorney who heads a business that creates captive insurance companies said the IRS wrongly accused him of promoting an abusive tax shelter, telling an Ohio federal court the agency owes him a refund of penalties he handed over.
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January 21, 2025
La. Judge Lifts Arbitration Order In $7M Ida Damage Case
A Louisiana federal judge lifted a stay and vacated an order to arbitrate a $7 million Hurricane Ida damage claim against domestic surplus insurers, ruling that a recent decision from Louisiana's top court represents an "'intervening change in the controlling law.'"
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January 21, 2025
4th Circ. Won't Undo Doctor's Conviction For Reusing Devices
A former North Carolina ear, nose and throat doctor staring down 25 years in prison for healthcare fraud lost an appeal Tuesday seeking to overturn her conviction, with the Fourth Circuit finding that the lower court did not commit any reversible error that would favor a shot at redemption.
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January 21, 2025
Lyft Driver Says Carjacking Suit Should've Settled Sooner
A Lyft driver accused his insurer of violating Washington's Insurance Fair Conduct Act over his bid for uninsured motorist benefits following a carjacking, saying the insurer forced him to go to arbitration and win an over $1.1 million award rather than accept his earlier $1 million policy limit demands.
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January 21, 2025
AI Auto Damage-Assessing Giant Settles Monopoly Claims
Tractable Inc. and CCC Intelligent Solutions have reached a deal to end their trade secrets and antitrust dispute, after Tractable accused CCC of leveraging its dominant share of the auto collision-assessment market to stifle consumer choice and increase prices.
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January 21, 2025
Conn. Cannabis Co.'s Income Loss Not Covered, Judge Says
A cannabis product manufacturer cannot get more than $1.3 million in business interruption coverage from a Berkshire Hathaway unit for a fire in one of its "flowering rooms," a Connecticut federal court ruled, finding it failed to establish a causal link between a suspension of operations and lost income.
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January 21, 2025
10th Circ. Skeptical Ruling Would Invite Bogus Claim Denials
A Tenth Circuit panel appeared skeptical Tuesday that a lower court had cleared the way for the insurance industry to rely on flawed expert reports to justify claims decisions, with one judge suggesting the ruling was a limited one.
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January 21, 2025
High Court Asked To Review Malpractice Insurance Claim Row
A California woman has asked the U.S. Supreme Court to review a First Circuit ruling that upheld a federal court's judgment despite it being "explicitly contrary" to Massachusetts law, telling the court that denying her bid for a certification by the state's high court punishes federal plaintiffs and encourages forum shopping.
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January 21, 2025
As Fire Victims Seek Legal Help, Experts Warn Of Red Flags
As lawyers from across the nation descend upon Southern California to sign up those affected by the devastating wildfires, fire victims should not rush to hire an attorney, lest they also become victims of fraud or other predatory practices, the state bar and ethics-savvy attorneys warn.
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January 21, 2025
Co. Seeks IRS Refund In $2.7M Captive Insurance Case
A Delaware federal court should refund tax penalties a company paid on a $2.7 bill from the IRS for activities related to captive insurance companies and promoting abusive tax shelters, the company argued Tuesday, saying the government provided no proof it did anything wrong.
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January 21, 2025
6th Circ. Won't Reinstate $18.3M Verdict Against TransUnion
The Sixth Circuit refused to reconsider a decision that vacated an $18.3 million jury award against TransUnion LLC, rejecting a request from a startup that claimed the credit reporting company kept hold of intellectual property related to the development of an insurance quote marketplace after their partnership dissolved.
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January 21, 2025
Insurance Group Of The Year: Wiley
Insurance lawyers at Wiley Rein LLP secured rulings that adopted a carrier's methodology for calculating business expenses under a cyber policy, and strengthened the distinction between civil and criminal defense costs under professional liability policies, helping the Washington, D.C., firm earn a spot among the 2024 Law360 Insurance Groups of the Year.
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January 17, 2025
Law360 Names Practice Groups Of The Year
Law360 would like to congratulate the winners of its Practice Groups of the Year awards for 2024, which honor the attorney teams behind litigation wins and significant transaction work that resonated throughout the legal industry this past year.
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January 17, 2025
Law360 Names Firms Of The Year
Eight law firms have earned spots as Law360's Firms of the Year, with 54 Practice Group of the Year awards among them, steering some of the largest deals of 2024 and securing high-profile litigation wins, including at the U.S. Supreme Court.
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January 17, 2025
Insurers Needn't Cover Plastic-Maker For Worker Death Suit
Travelers and Zurich insurers don't owe indemnification to Ohio-based manufacturer Encore Plastics for a suit over a worker's death, a federal court ruled Friday, saying a "direct intent" exclusion applies to the underlying claims arising under an Ohio statute that authorizes employer liability for intentional torts.
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January 17, 2025
Fla. HOA Says Insurer Failed To Pay Or Appraise $9.5M Claim
A Sunshine State condo association told a Florida federal court Friday that its insurer failed to pay its $9.5 million claim for damages sustained as a result of Hurricane Ian, alleging the insurer didn't meet its policy's terms regarding assigning an appraiser.
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January 17, 2025
Firm Says Insurers Must Pay $2.6M Malpractice Suit Judgment
A Georgia personal injury firm said its professional malpractice insurers must cover a $2.6 million default judgment entered against the firm in a suit brought by a former client, telling a federal court that a Berkshire Hathaway unit's failure to act caused the adverse ruling.
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January 17, 2025
Insurer Tried To 'Embarrass' Cadwalader, NC Court Told
Cadwalader Wickersham & Taft LLP has accused a Lloyd's of London syndicate of attempting to "embarrass" the firm by publicly revealing the firm's data breach recoveries amid the insurer's bid to toss a coverage suit stemming from a 2022 hack.
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January 17, 2025
Property Owner Says Nationwide Lowballed On $3.8M Losses
A Georgia property owner accused its insurer, a Nationwide unit, of "grossly underestimating" damages from separate hail and water events, alleging it was offered a combined total of less than $8,000 for losses exceeding $3.8 million, in a case removed to Georgia federal court.
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January 17, 2025
5 Firms Build 180 Degree Capital, Mount Logan Merger
Investment management company 180 Degree Capital Inc. and alternative asset management and solutions business Mount Logan Capital Inc. on Friday announced plans to merge in an all-stock transaction built by five law firms with an estimated pro forma enterprise value of $139 million.
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January 17, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the family of the late chairman of Leicester City FC sue a helicopter manufacturer for £2.15 billion ($2.63 billion), Vivienne Westwood bring a copyright claim against the late designer's foundation and blockchain giant Tether file a new claim in its ongoing dispute with crypto trading firm Swan Bitcoin. Here, Law360 looks at these and other new claims in the U.K.
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January 16, 2025
No 'Half Measures' On Tort Reform In 2025, Ga. Gov Pledges
Georgia Gov. Brian Kemp threw down the gauntlet in his annual State of the State address Thursday and promised to deliver on tort reform, for decades an intractable issue in Peach State politics.
Expert Analysis
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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.
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Notable Q3 Updates In Insurance Class Actions
Total loss valuation cases and labor depreciation cases dominated the past quarter of insurance class actions, with courts continuing to reject challenges to condition adjustments in the former, and a pro-insured trend persisting in the latter, say attorneys at BakerHostetler.
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Putting NYDFS AI Cybersecurity Guidance Into Practice
New guidance from the New York Department of Financial Services explains how financial institutions should assess and mitigate cybersecurity risks associated with artificial intelligence, focusing on four main threats and highlighting how varying environments require specific mitigation measures, say attorneys at Saul Ewing.