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Insurance
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July 31, 2024
DC Circ. Revives Insurer's Bid To Enforce Argentina Awards
The D.C. Circuit has revived an insurance company's efforts to enforce arbitral awards it won against Argentina in a decades-old dispute over tens of millions of dollars due under reinsurance contracts, ordering a lower court to more closely consider two exceptions to sovereign immunity.
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July 31, 2024
Guo Judge Wants To Know If $26.5M Mansion Will Be Safe
A Connecticut bankruptcy judge has ordered an alleged shell company to explain whether it will stop funding a security detail at an uninsured $26.5 million New Jersey mansion that federal prosecutors and a Chapter 11 trustee are eyeing as an asset that could reimburse a Chinese exile's creditors and fraud victims.
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July 31, 2024
Kenyan Firm Sues Ill. Attys Over Ethiopian Airlines Crash Fees
A small Kenyan law firm seeking attorney fees from a 2019 Ethiopian Airlines crash victims settlement with Boeing is accusing Jenner & Block LLP and another Chicago firm of coaxing its former client into firing the firm, allegedly through misinformation and forged signatures, according to a suit filed in Illinois federal court this week.
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July 31, 2024
Mich. Justices Ask, Again, If Auto Reforms Cover Old Policies
The Michigan Supreme Court on Wednesday asked parties in a crash insurance dispute to address a question on which it had already heard arguments earlier this year: whether no-fault reforms enacted in 2019 apply to preexisting policies or just to those issued after the reforms took effect.
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July 31, 2024
Insurer Says No Coverage For Wash. Pay Law Class Actions
An insurer said it has no duty to defend or indemnify food service companies accused of violating the Washington Equal Pay and Opportunities Act in two putative class actions, telling a federal court Wednesday the allegations don't trigger coverage under an employment practices liability insurance policy.
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July 31, 2024
CVS Appeal Blocked In Whistleblower Suit Over Drug Prices
A Pennsylvania federal judge has barred CVS Health Co. from making an interlocutory appeal over his interpretation of regulations in a whistleblower's lawsuit claiming the company's prescription entities falsely reported drug prices to the government. The judge recommended that a trial date be set in the decade-long litigation instead.
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July 31, 2024
Rising Star: Cohen Ziffer's Orrie Levy
Orrie A. Levy of Cohen Ziffer Frenchman & McKenna beat insurers' attempts to avoid defending Walmart in opioid lawsuits and secured a rare ruling setting aside a Delaware jury's verdict favoring an AIG unit in an insurance coverage trial, earning him a spot among insurance law attorneys under age 40 honored by Law360 as Rising Stars.
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July 31, 2024
Insurer Wants Out Of Yacht Brokerage Group Antitrust Suit
A professional liability insurer for a yacht brokerage trade group has told a Florida federal court that it owes no coverage for an underlying proposed class action accusing the group of engaging in anticompetitive conduct, pointing to an exclusion barring coverage for "standard setting" claims.
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July 31, 2024
Cadwalader Can't Cloak Cyberattack Coverage Suit, Court Told
A Lloyd's of London syndicate wants to unseal a complaint by Cadwalader Wickersham & Taft LLP seeking coverage for a November 2022 data breach, saying it was never given a chance to oppose, and the firm otherwise failed to show why the suit should stay under wraps.
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July 31, 2024
AIG Units Off Hook In Defending McKesson Opioid Suits
Two AIG insurers have no duty to defend McKesson Corp. over claims it intentionally over-distributed opioids, a California federal court ruled, saying the three underlying suits do not allege a potentially covered occurrence under policies issued between 1999 and 2004.
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July 31, 2024
BakerHostetler, Dechert Steer $2.3B CBIZ-Marcum Deal
Cleveland-based accounting firm CBIZ Inc. said Wednesday it has agreed to buy competitor Marcum in a $2.3 billion deal that will create the seventh-largest accounting services provider in the U.S.
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July 30, 2024
Fla. Insurance Co. Accused Of Causing Black Mold Death
A Florida insurance company was accused of wrongfully causing the death of a woman who died from black mold contamination in a state complaint brought by her sole descendant, who alleges the insurer didn't send a promised team to remediate the woman's home after it was damaged by Hurricane Ian.
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July 30, 2024
Ex-Allied World Insurance Exec. Admits To $1.5M Fraud
A former Allied World Insurance Co. executive pleaded guilty Tuesday to running a scheme that tricked the company into paying nearly $1.5 million for phony construction work and collecting undisclosed kickbacks from its vendors.
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July 30, 2024
Florida Residents Urge 11th Circ. Keep Block On Gender Law
Transgender adults and children in Florida on Monday urged the Eleventh Circuit to reject the state's attempt to enforce a law restricting gender-affirming treatment for transgender minors and adults while the case is on appeal.
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July 30, 2024
$147.5M Deal In Life Insurance Cost Suit Meets Resistance
A Connecticut federal judge should not give his preliminary approval to a $147.5 million class settlement that would end several lawsuits alleging that Lincoln insurance entities overcharged their policyholders because three later-filed cases in other jurisdictions could lead to even higher recoveries, counsel for a group of objectors said Tuesday.
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July 30, 2024
Insurer Says Interior Dept. Must Face $20M Tribal Loan Claims
U.S. Department of the Interior Secretary Deb Haaland waited too long to assert that an Ohio federal court cannot hear the case an insurer brought against it over a $20 million tribal loan guarantee, and the suit should be transferred to the Court of Federal Claims instead of being dismissed, the insurer has argued.
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July 30, 2024
Ebix Ch. 11 Plan Ruling Held Up By Liability Release Dispute
A Texas bankruptcy judge declined to rule Tuesday on Ebix Inc.'s request for Chapter 11 plan confirmation, telling the parties he needed more time to sort out a dispute over third-party releases contained in the reorganization deal.
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July 30, 2024
Wash. Gym, Insurer Settle Athlete Abuse Coverage Dispute
An insurer and a gym jointly asked a Washington state federal court to dismiss the insurer's lawsuit seeking to escape any defense or indemnification obligations for an underlying suit from an underage cheerleader's mother, who accused the gym of providing a space for its founder to sexually assault her daughter.
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July 30, 2024
Insurer Says No Coverage For Florida Sex Assault Claims
A trust facing a negligence claim after a minor said she was sexually assaulted while staying at the trust's vacation rental isn't owed any coverage for the lawsuit, its insurer told a Florida federal court Tuesday, citing a sexual molestation exclusion.
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July 30, 2024
Insurer Says Trucking Co.'s BIPA Suit Isn't Covered
An insurer told an Illinois state judge to declare that it has no duty to defend a trucking company against allegations that it illegally mishandled employees' biometric information.
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July 30, 2024
PBMs Urge Justices To Reject Review Of Okla. Law Dispute
An industry trade group representing pharmacy benefits managers urged the U.S. Supreme Court not to disturb its Tenth Circuit victory, which held that an Oklahoma statute regulating PBMs ran afoul of preemption provisions in both the Employee Retirement Income Security Act and Medicare Part D.
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July 30, 2024
Baker Sterchi Expands Northwest In Merger With Seattle Firm
Regional firm Baker Sterchi Cowden & Rice LLC is expanding outside the Midwest as it takes on Seattle-based Christie Law Group PLLC on Sept. 1, the firm announced Tuesday.
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July 30, 2024
Rising Star: Covington's Alexis Dyschkant
Alexis Dyschkant of Covington & Burling LLP is an emerging leading expert on PFAS-related coverage issues, taking point on litigation strategy, summary judgment briefing and oral arguments, all earning her a spot among the insurance attorneys under age 40 honored by Law360 as Rising Stars.
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July 30, 2024
What Mass. Attys Will Be Watching In The 2nd Half Of 2024
Two potentially sweeping Massachusetts high court rulings and a long-awaited employment bill lingering in the State House are among the issues Bay State attorneys say they are monitoring closely heading into the latter half of 2024.
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July 29, 2024
Feds Say Tenn., NC Hospitals Overpaid Doctors For Referrals
A Tennessee-based hospital system violated the False Claims Act by taking $27.8 million in public healthcare allotments while overpaying doctors, sometimes by three times the average physician's pay, to make internal referrals, according to a lawsuit the U.S. Department of Justice has joined.
Expert Analysis
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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4 Steps To Repair Defense Credibility In Opening Statements
Given the continued rise of record-breaking verdicts, defense counsel need to consider fresh approaches to counteract the factors coloring juror attitudes — starting with a formula for rebuilding credibility at the very beginning of opening statements, says Ken Broda-Bahm at Persuasion Strategies.
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Del. Bankruptcy Ruling Will Give D&O Insureds Nightmares
In Henrich v. XL Specialty Insurance, the Delaware Bankruptcy Court recently found that a never-served qui tam claim had been "brought" before a D&O policy's retroactive date, thereby eliminating coverage, and creating a nightmare scenario for directors and officers policyholders facing whistleblower claims, says David Klein at Pillsbury.
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NJ Justices Clarify First-Party Indemnification Availability
In Boyle v. Huff, the New Jersey Supreme Court recently held that indemnification can be available in first-party claims, resolving an open question and setting up contracting parties for careful negotiations around indemnity clauses, says Todd Leon at Marshall Dennehey.
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Takeaways From Justices' Redemption Insurance Decision
The U.S. Supreme Court’s recent decision in Connelly v. U.S. examines how to determine the fair market value of shares in a closely held company for estate tax purposes, and clarifies how life insurance held by the company to enable redemption of a decedent’s shares affects that calculation, says Evelyn Haralampu at Burns & Levinson.
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A Crucial Step In Mediation: Preparing Your Client
Most U.S. courts have adopted standing orders that require all civil cases be mediated before being assigned to a trial calendar, so any lawyer involved in civil disputes must be knowledgeable about mediation — including the vital but often underutilized skill of preparing clients before mediation begins, says Jeffrey Lasky at Miles Mediation & Arbitration.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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What DOL Fiduciary Rule Means For Private Fund Managers
Attorneys at Ropes & Gray discuss how the U.S. Department of Labor's recently released final fiduciary rule, which revises the agency's 1975 regulation, could potentially cause private fund managers' current marketing practices and communications to be considered fiduciary advice, and therefore subject them to strict prohibitions.
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5 Critical Factors Driving Settlement Values In Cyber Litigation
Recent ransomware incidents and their legal repercussions offer five valuable insights into the determinants of settlement values in cyberattack-related litigation, and understanding these trends and their implications can better prepare organizations for the potential legal fallout from future breaches, says Peter Kamminga at JAMS.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Insurers Have A Ch. 11 Voice Following High Court Ruling
The U.S. Supreme Court's recent ruling in Truck Insurance Exchange v. Kaiser Gypsum — which reaffirmed a broad definition of "party in interest" — will give insurers, particularly in mass tort Chapter 11 bankruptcies, more opportunity to protect their interests and identify problems with reorganization plans, says George Singer at Holland & Hart.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.