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June 10, 2024
Mass. Nursing Home To Pay Record $4M Over Neglect Claims
A Massachusetts nursing home operator has agreed to pay a total of $4 million and hire an independent monitor to settle allegations that understaffing at its 16 facilities led to substandard care and patients being harmed, the attorney general’s office announced Monday. Next Step Healthcare LLC has agreed pay $750,000 directly to the state and dedicate the remaining $3.25 million toward increasing staffing levels.
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June 07, 2024
11th Circ. Urged To Undo Exclusion Of $80M Asset Valuation
A trustee for creditors of ATIF Inc. told the Eleventh Circuit on Friday that a trial judge erred in excluding an expert's $80 million valuation of the bankrupt title insurance underwriter's 2015 transfer of assets to Old Republic National Title Insurance Co.
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June 07, 2024
7 Health Insurers Eye Rate Hikes In Connecticut
Seven health insurers have asked Connecticut state regulators to approve rate hikes of 7.4% to 12.5% for individual market plans and 5.1% to 13.6% for small groups, averaging out to a lesser increase than last year's, according to an announcement Friday.
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June 07, 2024
Texas Top Court Denies Roofer's Challenge To Adjuster Laws
The Supreme Court of Texas tossed on Friday a roofing company's challenge to the state's public adjuster licensing laws, saying that requiring a license or preventing certain conduct didn't violate the roofer's free speech rights.
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June 07, 2024
'House of Cards' Makers May Proceed With Coverage Suit
The companies that produced the Netflix series "House of Cards" can proceed with their coverage suit over losses sustained during production of the final season after allegations of sexual misconduct against the show's lead, Kevin Spacey, came to light, a California state court said.
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June 07, 2024
State Farm Denies Defense Of Daycare In Nap Drugging Suits
State Farm told a Washington federal court it had no duty to defend a childcare center accused of deploying corporal punishment and nonconsensually drugging children with Benadryl to induce nap time.
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June 07, 2024
Judge Agrees To DQ Houston Firm In Fight Over MMA Law
A Texas bankruptcy judge sided with troubled Houston firm MMA Law and agreed this week that another Houston firm, Okin Adams Bartlett Curry LLP, had received confidential information from MMA Law and should be disqualified from representing its creditors.
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June 07, 2024
Support Co. Can't Revive Suit Blaming Lindberg For Lost Biz
A customer support company that claimed its ties to convicted insurance mogul Greg E. Lindberg cost it an important client can't revive a fraudulent concealment suit, with the Fourth Circuit ruling Friday that Lindberg wasn't obligated to disclose his criminal conduct.
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June 07, 2024
Calif. Developer Seeks $5M Excess Coverage For Defect Suits
A California developer is seeking coverage under a $5 million excess policy for an underlying settlement stemming from construction defect claims, telling a federal court that its excess insurer wrongfully refused to cooperate in the dispute resolution and that the policy expressly provided coverage.
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June 07, 2024
Zurich, Loan Co. Settle $15M Ex-3M Campus Repairs Suit
The lender and current title owner for a now-foreclosed Austin property that was once the campus of 3M reached a settlement in principle with a Zurich unit over coverage for their $15.5 million winter storm damage claim, the parties told a Texas federal court.
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June 07, 2024
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen British broadcaster GB News hit with a libel claim by climate activist Dale Vince, MGM take aim at an immersive events company over intellectual property rights to the James Bond franchise, and law firms Stephenson Harwood and Bowen-Morris & Partners tackle a contracts claim by investment adviser Yieldstreet. Here, Law360 looks at these and other new claims in the U.K.
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June 06, 2024
Texas AG Takes Aim At Carmakers Selling Drivers' Data
Texas' attorney general has become the latest to turn up the data-privacy heat on connected car manufacturers, revealing Thursday that his office has begun an investigation into how these companies amass and sell drivers' data to third parties, including insurance providers.
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June 06, 2024
La. Commercial Property Co. Settles Storm Insurance Dispute
A Louisiana federal judge has dismissed a commercial property owner's coverage fight over windstorm damage after the company settled in arbitration with a group of 10 insurers.
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June 06, 2024
Cellular Fraud Ring Netted $9M In Fake Lost Phone Claims
Telephone providers and insurance companies were bilked out of $9 million over a six-year period by a scam that used stolen identities to trick them into replacing mobile devices, which were then resold outside the country, according to a guilty plea secured by federal prosecutors.
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June 06, 2024
11th Circ. Won't Revive State Farm Auto Policy Coverage Fight
The Eleventh Circuit affirmed Thursday the dismissal of a State Farm auto policyholder's proposed class action alleging the insurer breaches its own policies by routinely denying medical expense coverage based on an ambiguous "reasonableness" standard, finding that the policyholder's interpretation of the policy would render parts of it "meaningless."
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June 06, 2024
Wash. Judge Suggests Insurer Dragged Out IP Dispute
A Washington federal judge appeared unconvinced Thursday by a dental health insurer's argument that it acted honestly in pushing forward with trade secret claims even after the accused ex-employee returned her company-issued laptop that purportedly held sensitive information.
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June 06, 2024
Insurer Off The Hook For $3.4M Nursing Home Death Verdict
A Berkshire Hathaway unit needn't cover a $3.4 million default judgment entered against its insured in a wrongful death suit, an Illinois federal judge determined, finding that the insured nursing home "did not meet its own reporting and cooperation obligations under the policy."
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June 06, 2024
8th Circ. Affirms Cigna Noncompete Applies To CVS Hire
The Eighth Circuit has backed a lower court finding that blocked a healthcare industry executive from making a move to CVS, handing a win to Cigna in a case over trade secrets.
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June 06, 2024
State Farm Escapes Policyholder's Life Insurance GIPA Suit
An Illinois state court has permanently tossed a State Farm policyholder's privacy claims targeting family medical history questions the insurer asked as part of its life insurance underwriting process, agreeing with its argument that the state's Genetic Information Privacy Act doesn't apply to life insurance.
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June 06, 2024
Dollar Tree Mint's Injury To Toddler Not Covered, Insurer Says
The insurer of a breath mint manufacturer told a Missouri federal court that due to a pollution exclusion in its policy, it shouldn't have to defend against a suit alleging a toddler suffered severe esophageal injuries after swallowing freshening drops sold by Dollar Tree.
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June 06, 2024
In Reversal, Justices Say Insurer Has Standing In Ch. 11 Case
Truck Insurance Exchange can intervene in Chapter 11 bankruptcy proceedings of two manufacturing companies facing numerous asbestos injury claims, the U.S. Supreme Court ruled unanimously Thursday in a reversal of the Fourth Circuit, finding Truck qualifies as a "party in interest" under the Bankruptcy Code.
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June 06, 2024
Justices Affirm Taxing Of Estate On Insurance Payout
The U.S. Supreme Court affirmed on Thursday a decision denying a tax refund to the estate of an owner of a building materials company that used a payout from his $3.5 million life insurance policy to purchase his shares in the business.
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June 05, 2024
Aluminum Co. Seeks Reversal Of $10M Coverage Cap
An aluminum supplier is urging the Fourth Circuit to reverse a lower court's ruling capping its damages at $10 million because of a molten material endorsement, arguing that the fire and water damage it sustained is separate and not subject to any sublimit or exclusion.
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June 05, 2024
Debevoise-Led Ambac Unveils 2 Deals Totaling $702M
Debevoise & Plimpton LLP-led Ambac Financial Group on Wednesday announced two deals totaling $702 million, as the insurance holding company said it agreed to sell its financial guarantee business for $420 million in cash and separately announced that it will purchase a majority stake in Beat Capital Partners for roughly $282 million.
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June 05, 2024
Chubb Needn't Cover $14.5M Mold Deal, 11th Circ. Says
A $14.5 million consent judgment that a Florida woman secured against her condominium's property manager over what she alleged was mold exposure cannot be enforced against a pair of Chubb insurers, the Eleventh Circuit affirmed, saying the manager's carriers did not breach their duty to defend.
Expert Analysis
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Policy Misrepresentations Carry Insurance Rescission Risks
The Second Circuit's recent decision in Medical Mutual v. Gnik, finding that material misrepresentation in a clinic's insurance applications warranted policy rescission, is a clear example of the far-reaching effects that misrepresentations can have and provides a reminder that policyholders should employ relatively straightforward steps to decrease risks, say attorneys at Hunton.
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Series
NY Banking Brief: All The Notable Legal Updates In Q1
The first quarter of 2024 saw a number of notable legal and regulatory developments that will significantly affect New York's financial services industry, including the New York Department of Financial Services' finalized novel guidance directing banks to continuously monitor the character and fitness of key personnel, say Brian Montgomery and Nathan Lewko at Pillsbury.
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Weisselberg's Perjury At Trial Spotlights Atty Ethics Issues
Former Trump Organization executive Allen Weisselberg’s recent guilty plea for perjury in the New York attorney general's civil fraud trial should serve as a reminder to attorneys of their ethical duties when they know a client has lied or plans to lie in court, and the potential penalties for not fulfilling those obligations, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law
A New York court’s recent decision holding former President Donald Trump liable for fraud brought old criticisms of the state law used against him back into the limelight — including its strikingly broad scope and its major departures from the traditional elements of common law fraud, say Mark Kelley and Lois Ahn at MoloLamken.
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Opinion
$175M Bond Refiled By Trump Is Still Substantively Flawed
The corrected $175 million bond posted by former President Donald Trump on Thursday to stave off enforcement of the New York attorney general's fraud judgment against him remains substantively and procedurally flawed, as well as inadequately secured, says Adam Pollock of Pollock Cohen.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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2nd Circ. Ruling Clarifies When Demand Letters Are Claims
The Second Circuit’s decision last week in Pine Management v. Colony Insurance, affirming that an insurer had no obligation to defend an insured for claims made before the policy period, provides clarity on when presuit demands for relief constitute claims — an important issue that may be dispositive of coverage, says Bonnie Thompson at Lavin Rindner.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Series
NJ Banking Brief: All The Notable Legal Updates In Q1
Early 2024 developments in New Jersey financial regulations include new bills that propose regulating some cryptocurrency as securities and protecting banks that serve the cannabis industry, as well as the signing of a data privacy law that could change banks’ responsibility to vet vendors and borrowers, say attorneys at Chiesa Shahinian.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.