• November 17, 2023

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen the lawyer who part-owned the company that bought out British Home Stores sued by the retail chain’s liquidators, crop protection giant Syngenta begin its fight to get its insurers to pay out for injury claims arising from illnesses caused by its pesticide, and the disputed ex-wife of a billionaire property tycoon lodge a claim against Axiom Ince and the barristers who represented her in their divorce proceedings. Here, Law360 looks at these and other new claims in the U.K.

  • November 17, 2023

    2nd Circ. Won't Rehear Suit On Insurer's Duty To Defend

    The Second Circuit has announced it will not hold a full court rehearing on its panel decision that insurer RSUI Group Inc. had no obligation to defend an attorney's construction company against breach of contract claims because its policy only covered lawsuits over legal services.

  • November 17, 2023

    COVERAGE RECAP: Day 31 Of Trump's NY Civil Fraud Trial

    Law360 reporters are providing live coverage from the courthouse as former President Donald Trump goes on trial in the New York attorney general's civil fraud case. Here's a recap from day 31.

  • November 16, 2023

    Del. Arbitration Check Ordered For Insys Trustee CEO Claims

    Former Insys Therapeutics CEO Michael L. Babich secured a Court of Chancery order Thursday compelling arbitration of claims lodged against him by Insys' bankruptcy court liquidating trustee, rather than disposition in Chancery.

  • November 16, 2023

    Colo. Panel Says Choice In Med Mal Damages Isn't Just Binary

    Colorado appellate judges spoke Thursday on a trial court's discretion to exceed a $1 million damages cap in medical malpractice insurance cases, saying a court can award more based on jury findings and isn't beholden to the binary choice of imposing the cap or approving a jury's full calculation of awardable damages.

  • November 16, 2023

    Texas Property Owner Seeks $800K For Storm Damage

    A Texas property owner is seeking nearly $800,000 in damages from its insurer after a storm damaged its electrical system, telling a federal court Thursday that the insurer wrongfully attributed the damage to improper maintenance and refused to pay the claim.

  • November 16, 2023

    Insurer Backpedals On Coverage For Carnival Ride Death

    An insurer told a Colorado federal court Thursday that it does not owe any defense, indemnification or settlement coverage to a carnival ride manufacturer whose product ejected and killed a child at a 2019 festival in New Jersey.

  • November 16, 2023

    Travelers Settles Flood Coverage Row With NYC Furniture Co.

    A Travelers unit settled its New York federal court flood coverage dispute with a Manhattan furniture importer, resolving the company's claims for millions of dollars in display samples damaged by Hurricane Ida.

  • November 16, 2023

    No Ruling Yet On Personal Disputes Exclusion, Judge Says

    A Texas federal judge rejected motions for dismissal in a coverage fight over a $3 million award granted to the family of a murdered Subway franchisee employee, asking the franchisee and its insurer to further develop their interpretations of case law in summary judgment bids.

  • November 16, 2023

    NY Appeals Court Temporarily Lifts Trump Gag Orders

    A New York appellate court justice temporarily suspended gag orders against Donald Trump in the state attorney general's civil fraud case Thursday, expressing deep skepticism about the decision to limit the former president and his attorneys from speaking about the trial judge's law clerk.

  • November 16, 2023

    COVERAGE RECAP: Day 30 Of Trump's NY Civil Fraud Trial

    Law360 reporters are providing live coverage from the courthouse as former President Donald Trump goes on trial in the New York attorney general's civil fraud case. Here's a recap of day 30.

  • November 15, 2023

    Lloyd's America Says Adjuster 'Waged War' Via Junk Suits, TM

    The U.S. arm of British underwriting giant Lloyd's of London told a Houston federal court Tuesday that a Texas-licensed public insurance adjuster has "waged war" on the company since trying to inflate a client's claim by more than $20 million.

  • November 15, 2023

    3 Men Sentenced To Jail In $54M Drug Kickback Scheme

    Three men were given prison time Tuesday by a Florida federal judge for their roles in a $54 million bribery scheme to sell expensive medications from a compounding pharmacy covered by a military health insurer.

  • November 15, 2023

    Trump Seeks Mistrial In NY Fraud Case, Claiming Judicial Bias

    Former President Donald Trump asked the New York judge presiding over the attorney general's civil fraud case against him to declare a mistrial, arguing that there was "tangible and overwhelming" evidence the judge and his clerk were biased against him, his family and his companies.

  • November 15, 2023

    Insurer Slams Property Owner's $5M Warehouse Break-In Suit

    An insurer asked a Pennsylvania federal court Wednesday to toss part of a property owner's $5 million breach of contract suit, which claimed that the insurer unlawfully reneged on covering damages sustained from a warehouse break-in.

  • November 15, 2023

    Travelers Fights Atty Testimony In Footwear Co. PFAS Fight

    The Travelers Indemnity Co. has asked a Michigan federal court to reject a footwear company's motion to compel the deposition of Travelers' in-house attorney, arguing the request was prohibited when the evidence could be obtained elsewhere and, further, that the footwear company had already blocked its own in-house counsel from being deposed.

  • November 15, 2023

    Health Co. CEO Says Insurer Didn't Cover $1.3M Exit Dispute

    A health company CEO who was accused of misconduct is suing his former employer's excess insurer in Colorado state court, alleging it failed to pay nearly $1.3 million in legal fees following the confidential settlement of his American Arbitration Association exit dispute with the company.

  • November 15, 2023

    Insurer Says Amryis' Ch. 11 Plan Missing Info On $800K Bonds

    An insurer for Amyris Inc. asked a Delaware judge to reject the biotech's Chapter 11 plan disclosure statement, saying that the proposed reorganization plan does not account for $800,000 in surety bonds that can't be transferred without the insurer's approval.

  • November 15, 2023

    Lenders Want 10th Circ. Redo In Insurance Policy Dispute

    Two lenders asked the Tenth Circuit to reconsider a ruling that foiled their ability to collect $2 million under an accounting firm's insurance policy, saying a panel improperly found that three audits the firm conducted that failed to uncover a mortgage company's fraud are interrelated.

  • November 15, 2023

    Shipbuilder Urges 3rd Circ. To Back Bankruptcy Court Ruling

    Shipbuilder Bath Iron Works Corp. on Wednesday told a Third Circuit panel that a bankruptcy judge is the proper person to decide whether an insurance settlement in the 2003 bankruptcy of a former corporate affiliate protects Bath Iron Works from liability for the cleanup of a polluted New Jersey river.

  • November 15, 2023

    Outspoken NY Judge Could Help Trump More Than Hurt Him

    A Manhattan judge's unusually candid critiques of Donald Trump's civil fraud defense could risk giving the ex-president and his legal team exactly what they want — footing to argue on appeal that the deck was stacked against them from the beginning, according to experts.

  • November 15, 2023

    Insurers Say Logistics Cos. Owe $1M For Damaged Cargo

    Two insurers are seeking reimbursement of over $1 million in damages, telling a Texas federal court that the logistics companies responsible for transporting their insureds' cargo failed to deliver the shipment in good condition and must shoulder the cost.

  • November 15, 2023

    Lloyd's Tells 4th Circ. NC Hurricane Appeal Is 'Exaggeration'

    Certain Underwriters at Lloyd's London urged the Fourth Circuit to uphold a lower court decision tossing a North Carolina couple's suit over coverage of 2018 hurricane damage, claiming the beach homeowners' arguments were "based upon an exaggeration and mischaracterization."

  • November 15, 2023

    COVERAGE RECAP: Day 29 Of Trump's NY Civil Fraud Trial

    Law360 reporters are providing live coverage from the courthouse as former President Donald Trump goes on trial in the New York attorney general's civil fraud case. Here's a recap from day 29.

  • November 14, 2023

    Med Mal Case Will Be 'Windfall' Either Way, Colo. Justice Says

    Whichever way the Colorado Supreme Court rules on whether to remand a case involving a $9.3 million jury verdict for a man who suffered catastrophic injuries during surgery, there will be a "windfall" for either his widow or a hospital, one justice observed Tuesday, asking why the widow should not be the one to benefit.

Expert Analysis

  • Insurance Cos. Are Stretching Construction Standard Limits

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    In the construction sector, the importance of closely vetting downstream parties' insurance policies has never been more critical — owners and general contractors need to be on the lookout for ever broader carrier-specific expansions of standard insurance provisions that are perilous for risk transfer, says Eric Clarkson at Saxe Doernberger.

  • 7 Ways Telco Operators Can Approach Lead Cable Claims

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    A recent spotlight on the telecommunication industry shows that companies in the field have known for decades that lead-wrapped cables proliferate in their vast networks, which is likely to provoke prolonged and costly legal battles — but seven best practices can efficiently resolve claims and minimize damage, say consultants at AlixPartners.

  • Opinion

    Private Equity Owners Can Remedy Law Firms' Agency Issues

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    Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.

  • Okla. Workers' Comp Case Could Mean Huge Shift In Claims

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    An Oklahoma appeals court's recent opinion in Prewitt v. Quiktrip Corp. may expand the scope of continuing medical maintenance orders in workers' compensation cases to unprecedented levels — with potentially major consequences for employers and insurers, says Steven Hanna at Gilson Daub.

  • Auto Insurers Should Reassess Calif. Diminished Value Claims

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    Many California auto insurers currently pay third-party claims for diminished value damages after a vehicle has been in an accident; however, federal decisions interpreting California law suggest that insurers may not have to pay some of these claims, says Charles Danaher at Sheppard Mullin.

  • How To Protect Atty-Client Privilege While Using Generative AI

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    When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.

  • How New Lawyers Can Leverage Feedback For Growth

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    Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.

  • How Reps And Warranties Insurance Can Aid Sellers In M&A

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    Amid the current slowdown in the M&A climate, representation and warranty insurance offers sellers a number of advantages, including protection against fraud and possible leverage to insist on a no-seller-indemnity deal, say Alex Leibowitz and Eric Jesse at Lowenstein Sandler.

  • Series

    ESG Around The World: Australia

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    Clive Cachia and Cathy Ma at K&L Gates detail ESG-reporting policies in Australia and explain how the country is starting to introduce mandatory requirements as ESG performance is increasingly seen as a key investment and corporate differentiator in the fight for global capital.

  • In Ga., Promptness Is Key To Setting Aside Default Judgments

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    The Georgia Court of Appeals' recent vacating of a lower court's decision to set aside a default judgment against Samsung Electronics America is a reminder of the processes and arguments provided by Georgia's statutes for challenging default judgments — including the importance of responding quickly, says Katy Robertson at Swift Currie.

  • Twitter Legal Fees Suit Offers Crash Course In Billing Ethics

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    X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.

  • Ore. Warranty Ruling Complicates Insurance Classification

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    The Oregon Court of Appeals' recent TruNorth v. Department of Consumer and Business Services holding that a service contract — commonly referred to as an extended warranty — covering commercial property is subject to the state's consumer service contract laws raises regulatory questions for contract obligors, sellers and administrators, say attorneys at Locke Lord.

  • ABA's Money-Laundering Resolution Is A Balancing Act

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    While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.

  • 1st Circ. Harvard Ruling Provides Primer On Policy Provisions

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    In its recent finding of no coverage for Harvard due to the school's failure to give Zurich American Insurance timely notice of its claim, the First Circuit provides a good analysis of the distinctions between occurrence and claims-made policies, including the rationale for differences in notice provisions, says Andrew Paliotta at Cozen O'Connor.

  • A Festival Of Litigation Could Arise From 'Electric Zoo' Fiasco

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    Over Labor Day weekend, thousands of electronic dance music fans were displeased with the organization of the New York City-based Electric Zoo festival, which quickly elicited comparisons to the 2017 Fyre Festival — and three kinds of litigation could ensue from the debacle, say attorneys at Seiden Law.

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