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June 21, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen JD Wetherspoon sue a Welsh pub over its name in the Intellectual Property Court, ex-professional boxer Amir Khan and his wife file libel action against an influencer, the Performing Right Society hit with a competition claim over music licensing, and Manolete Partners bring action against the directors of a bust investment firm. Here, Law360 looks at these and other new claims in the U.K.
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June 20, 2024
Trump Calls For Engoron's Recusal In Civil Fraud Case
Former President Donald Trump and other defendants fighting a $465 million civil fraud judgment called on New York Supreme Court Justice Arthur Engoron to recuse himself Thursday in light of a once-suspended real estate attorney's recent judicial misconduct claims, which have since sparked a judicial investigation.
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June 20, 2024
$13B Antitrust Suit Is Class Cert 'Antithesis,' Delta Dental Says
The nation's largest dental insurance system and its members have blasted service providers' bid for class treatment in multidistrict litigation targeting an alleged $13 billion antitrust scheme, telling an Illinois federal judge that the providers' case "is the very antithesis of a proper class action."
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June 20, 2024
DOI Secretary Looks To Ax Insurer's $20M Tribal Loan Claims
U.S. Department of the Interior Secretary Deb Haaland is seeking a win in a challenge over the cancelation of a $20 million tribal loan guarantee, arguing that an Ohio federal district court lacks subject-matter jurisdiction over Great American Life Insurance Co.'s remaining claims.
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June 20, 2024
Mich. Insurer Owes Tax On Mailed Ads, Appeals Court Says
A Michigan life insurance company owes use tax on advertisements mailed by an out-of-state contractor, the Michigan Court of Appeals ruled Thursday, upholding a lower court's decision.
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June 20, 2024
Insurer Hit With Coverage Suit Over Ohio Grocery Shooting
Pittsburgh-based Giant Eagle Inc. is claiming that a security contractor's insurer, Philadelphia Indemnity Insurance Co., has refused to cover its defense costs in a lawsuit over a shooting at a Cleveland, Ohio, store, and was trying to get the grocer to drop its third-party claims against the contractor.
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June 20, 2024
No Coverage Owed For Totaled Vehicle, Ga. Panel Says
A Georgia car dealership's insurer has no duty to cover costs it incurred after a man totaled his recently purchased vehicle while evading police, a state appeals court ruled, highlighting the distinction between an applicable exclusion and an invalid policy.
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June 20, 2024
Meet The Bridgegate Atty For NJ Power Broker In RICO Case
Law360 Pulse caught up with Michael Critchley Sr., counsel for recently indicted New Jersey Democratic power broker George E. Norcross III, and lawyers who know him about his decadeslong track record of successful legal defenses in high-profile cases and how he’s preparing for his latest challenge.
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June 20, 2024
2nd Circ. Affirms AIG's Win In Ex-Atty's Retaliation Suit
A former legal executive's retaliation lawsuit against American International Group Inc. has fizzled out as the Second Circuit on Thursday upheld an earlier ruling that found he was not fired for blowing the whistle on alleged fraud.
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June 20, 2024
Ill. Panel Says Insurer Off Hook For 23 Carbon Monoxide Suits
An insurer doesn't need to defend a design firm against 23 allegations that its negligent work led numerous children and others to suffer injuries from carbon monoxide exposure, an Illinois appeals court panel found, affirming a lower court's ruling.
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June 20, 2024
Ga. Panel Says $3M Damages Should Be Cut In Crash Case
The Georgia Court of Appeals reversed and vacated a trial court's $3 million compensatory damages award in a case in which a Southern Oil Refinery LLC truck driver rear-ended another vehicle, killing three people.
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June 18, 2024
The 2 Attys Ensnared In A NJ Mogul's Racketeering Rap
New Jersey businessman George E. Norcross III may be the alleged mastermind of a racketeering scheme to reap millions in tax credits on waterfront property in a distressed city, but the explosive indictment also reveals the purported roles of two attorneys with close ties to the Democratic Party.
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June 18, 2024
'Reckless' Behavior Centered In Climate Coverage Suit Args
Attorneys for a Sunoco subsidiary and AIG offered sharply differing views to Hawaii's top court Tuesday in oral arguments over whether reckless behavior would trigger the oil company's liability coverage in a novel suit over coverage for underlying climate change claims.
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June 18, 2024
Condo's Historic Location Doesn't Bar Bombing Coverage
The insurer for a Nashville, Tennessee, condominium owners association cannot use a historic structures exclusion to dodge covering the repair costs associated with damage caused by a bombing on Christmas Day 2020, a federal court ruled Tuesday.
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June 18, 2024
Insurer Countersues In Penile Implant Coverage Dispute
An insurer has no duty to defend or indemnify a urologist, his medical device company or his practice in a proposed class action over a penile enlargement implant and procedure, the company told a California federal court, saying the underlying suit doesn't seek bodily injury damages that would trigger coverage.
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June 18, 2024
AIG Unit Says Exclusions Bar Pet Supply Co.'s BIPA Claims
An AIG unit has told a Michigan federal court a pet supply store isn't owed defense for an underlying class action brought by employees alleging the store violated the Illinois Biometric Information Privacy Act, maintaining that a "recording and distribution" exclusion and "employment-related practices exclusion" were triggered.
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June 18, 2024
Mich. AG To Pursue Deadlocked Charges In Carhartt Atty Case
Prosecutors will continue pursuing embezzlement charges against a Michigan attorney accused of stealing from his client, a former leader of the Carhartt workwear company, after a Wayne County jury couldn't reach a decision on those claims but acquitted the attorney on other charges.
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June 18, 2024
Insurers Must Keep Defending Heating Oil Co. In Class Suit
Two Crum & Forster units must continue defending a heating oil company and several executives in a class action claiming the company provided oil with elevated levels of biodiesel that caused property damage, a Massachusetts federal court ruled, saying the policies' "failure to supply" provisions do not limit or exclude coverage.
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June 18, 2024
Wilson Elser Hires 2 McElroy Deutsch Partners In Denver
Wilson Elser Moskowitz Edelman & Dicker LLP has hired four attorneys from McElroy Deutsch Mulvaney & Carpenter LLP, including two insurance coverage and defense litigation partners, for its Denver office.
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June 17, 2024
Excess Insurers May Need To Pay In Kaiser Asbestos Dispute
A policyholder can tap into first-layer excess policies as soon as the primary coverage for that period is exhausted, the California Supreme Court ruled, potentially implicating several first-level excess insurers to contribute to coverage for underlying asbestos exposure claims against Kaiser Cement and Gypsum Corp.
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June 17, 2024
Teva, DOJ Signal Key Kickback Case May Fizzle At 1st Circ.
A U.S. Department of Justice kickback case against Teva Pharmaceuticals — closely watched by False Claims Act lawyers because of its multibillion-dollar stakes and its link to a major circuit split — is poised for settlement, according to a new First Circuit filing ahead of eagerly awaited oral arguments.
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June 17, 2024
Hurricane Coverage Fight Must Be Arbitrated, 5th Circ. Rules
The Fifth Circuit has ruled that a group of domestic insurers could force arbitration of a coverage dispute for hurricane damage under an international arbitration clause despite conflicting state law, overturning the underlying ruling based on a since-issued opinion.
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June 17, 2024
Dutch Insurer Says Record Clear To Affirm $160M Arbitration
A Dutch insurer is pushing a North Carolina federal judge to confirm a €150 million (roughly $160 million) arbitration award against insurance mogul Greg Lindberg and his companies, citing a recent order in which the court acknowledged the award as binding.
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June 17, 2024
No Coverage For Family Shareholder Row, 2nd Circ. Affirms
A Liberty Mutual unit had no duty to defend Paraco Gas Corp. and two of its executives in a family shareholder dispute, the Second Circuit affirmed Monday, finding that all claims in the underlying suit fell within the policy's contract exclusion.
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June 17, 2024
DOL Says Insurers Can't Block ERISA Retirement Advice Regs
The U.S. Department of Labor urged a Texas federal court to reject a group of insurers' bid to halt the implementation of recently finalized regulations expanding which types of retirement investment advice fall under the purview of federal benefits law, arguing the challengers' request wasn't justified.
Expert Analysis
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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DC Ruling Provides Support For Builders Risk Claim Recovery
To deny coverage for builders risk claims, insurers have been increasingly relying on two arguments, both of which have been invalidated in the recent U.S. District Court for the District of Columbia decision, South Capitol Bridgebuilders v. Lexington, say Greg Podolak and Cheryl Kozdrey at Saxe Doernberger.
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A Deep Dive Into FSOC's Expansion Of Nonbank Oversight
The Financial Stability Oversight Council's new nonbank guidance, designed to provide the council with added flexibility in risk response, not only modifies the process for designating nonbanks as systemically important institutions, but also sends a clear signal that the FSOC may assume a more active role in addressing financial stability risks across the economy, say attorneys at Simpson Thacher.
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9th Circ. ERISA Ruling Informs DOL's New Fiduciary Proposal
The Ninth Circuit's reasoning in its recent Bugielski v. AT&T decision illustrates the importance of the U.S. Department of Labor's proposals to expand the reach of Employee Retirement Income Security Act third-party compensation disclosure rules and their effect on investment adviser fiduciaries, says Jeff Mamorsky at Cohen & Buckmann.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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Harvard's Broker Fight Shows Active Risk Management Is Key
Harvard University’s recently filed suit against its insurance broker for alleged malpractice in handling the Students for Fair Admissions claim illustrates that risk management requires the concerted effort of policyholders, brokers and insurers to protect against disastrous losses, say William McMichael and David Klein at Pillsbury.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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Series
ESG Around The World: South Korea
Numerous ESG trends have materialized in South Korea in the past three years, with impacts ranging from greenwashing prevention and carbon neutrality measures to workplace harassment and board diversity initiatives, say Chang Wook Min and Hyun Chan Jung at Jipyong.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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Illinois Trump Tower Ruling Illuminates Insurance 'Occurrence'
In Continental Casualty v. 401 North Wabash Venture, an Illinois appellate court found that Trump Tower was not entitled to insurance coverage for operating its HVAC system without a permit, helping to further define a widely litigated general liability insurance issue — what constitutes an "occurrence," say Robert Tugander and Greg Mann at Rivkin Radler.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
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How Shareholder Activists Are Targeting Insurers
As shareholder activists take a closer look at the insurance industry, they are pushing insurers to take value-enhancing and climate-related measures — but insurers can prepare by anticipating activist concerns, maintaining robust shareholder engagement, and considering changes in response to the universal proxy rules, say attorneys at Debevoise.
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Breaking Down Insurers' Improper Recoupment Efforts
In a recent trend, insurance companies have sought to recoup defense costs from their policyholders, but there are four counterarguments that policyholders can deploy to fend off these concerning recoupment efforts, say William Passannante and Nicholas Bradley at Anderson Kill.
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M&A Ruling Buoys Loss Calculation Method, R&W Insurance
The recent Southern District of New York decision in Taylor Precision Products v. Larimer affirms the use of EBITDA as a basis to quantify loss, highlighting the potential shortcomings of a traditional seller indemnity compared to representation and warranty insurance, say Mark Schwartz at Lockton, and William O’Neil and Gretchen Scavo at Winston & Strawn.