General Liability

Expert Analysis

• Where Health Care Enforcement Is Headed Under Biden

  

  Early actions by President Joe Biden's administration signal a robust health care enforcement environment in which federal agencies will aggressively scrutinize pandemic-related and Medicare Advantage fraud, nursing homes, and medical technology, and False Claims Act activity will likely increase, say attorneys at Alston & Bird.

• Key Considerations For Litigation Settlement Trustees

  

  Robert Weiss and David Vanaskey at Wilmington Trust describe some of the core considerations for trustees that administer settlements resulting from mass tort and class action litigation, based on their experience working on the Volkswagen diesel emissions settlement.

• 3 Key Environmental Takeaways From Biden's First 30 Days

  

  President Joe Biden has heavily prioritized environmental policy during his first month in office, with three key themes emerging that will immediately change enforcement practices and affect regulated industries, say attorneys at Gibson Dunn.

• What Airports Need To Know About PFAS Risks

  

  As Congress, federal regulators and litigants express increasing concern over the dangers of per- and polyfluoroalkyl substances, airports are in the spotlight as likely sites of PFAS contamination — so airport management and boards should take steps now to prepare for regulation and litigation, say Renée Martin-Nagle and David Rockman at Eckert Seamans.

• Time For Cos. To Walk The Walk On Environmental Justice

  

  With the Biden administration pledging to consider environmental justice across all agencies and in all federal decisions, companies must candidly assess their operations in order to make sure their statements on environmental justice are backed by measurable results, say attorneys at King & Spalding.

• Economic Loss Is Key To Pandemic Insurance Suits

  

  Decades of case law distinguishing between economic loss and property damage may support commercial property insurance policyholders in litigation with insurers who argue that COVID-19-related losses do not constitute physical damage, says Micah Skidmore at Haynes and Boone.

• State AGs' 2020 Actions Offer Hints At 2021 Priorities

  

  A review of state attorney general actions in 2020 addressing consumer concerns including data privacy, product safety and marketplace competition can help companies prepare for the expected regulatory enforcement wave in 2021, say attorneys at Troutman Pepper.

• 10 Most Significant Insurance Coverage Decisions Of 2020

  

  Though COVID-19 was unquestionably the biggest insurance story of 2020, the most noteworthy decisions of the year had definitive impact on issues like injury-in-fact triggers and concurrent causation, says Randy Maniloff at White and Williams LLP.

• 5 Major Drug And Medical Device Developments In 2020

  

  In addition to the increased activity and scrutiny COVID-19 brought to the drug and device industries in 2020, major developments included the continued momentum of snap removal and renewed U.S. Supreme Court interest in the scope of state courts' jurisdiction, say attorneys at Faegre Drinker.

• Actions Cos. Can Take Now To Address Microplastics Risk

  

  Recent reports on the prevalence of microplastics in the environment underscore potential liabilities companies may face in relation to this emerging contaminant, and the importance of acting now to manage risks while the science and regulations are still evolving, say Shannon Broome and Dan Grucza at Hunton and David Gratson at Environmental Standards.

• The State Of Consumer Class Actions Amid COVID-19

  

  While the pandemic has slowed the filing of consumer class actions, they remain a significant part of the litigation landscape — with false labeling claims remaining particularly popular, likely because they are easy to file and frequently survive motions to dismiss, say attorneys at Skadden.

• Courts Are Not Confused About Opioid Insurance Suits

  

  Although a recent Law360 guest article claimed that confusion has seeped into decisions concerning insurance coverage for opioid lawsuits, courts have addressed the issue clearly and consistently in holding that commercial general liability policies cover the defense of such cases, say attorneys at Miller Friel.

• Courts Shouldn't Consider Bodily Injury Claims In Opioid Suits

  

  Although public nuisance claims are driving opioid lawsuits, some recent court decisions are making a mistake by blurring the distinction between claims for individual injury and claims for governmental abatement funding, potentially manufacturing unintended insurance coverage and depleting insurance where it is actually needed, says Adam Fleischer at BatesCarey.