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June 02, 2025
Judge Out Of Line In Undoing $1M LSD Verdict, 5th Circ. Told
A man who became a quadriplegic after ingesting LSD told the Fifth Circuit that a Houston judge didn't have the authority to undo a jury's decision putting an insurance company on the hook for his $1 million injury settlement.
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June 02, 2025
Syracuse Diocese Pauses Plan Hearing To Seek Insurer Deal
A New York bankruptcy judge Monday agreed to postpone for a month a hearing on the Roman Catholic Diocese of Syracuse's Chapter 11 plan after the diocese said it wanted more time to work out one last insurance settlement.
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May 30, 2025
Construction Co. Owners Beat Long-Runing Fla. Qui Tam Suit
A Florida federal judge ruled in favor of the owners of a construction company accused of defrauding a program for disadvantaged small businesses in a qui tam, or False Claims Act, lawsuit, saying in her dismissal of the nearly decade-long case that it violates the U.S. Constitution.
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May 30, 2025
Wheeling & Appealing: The Latest Must-Know Appellate Action
Saying that June's circuit court calendars include important arguments in all practice areas would be hyperbolic — but just slightly. That's because significant showdowns are imminent involving appellate procedure principles, "click-to-cancel" rules, government procurement protests, judiciary employment protections and litigation risk insurance — as well as President Donald Trump's felony convictions and extraordinary deportation measures.
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May 30, 2025
Townhome Org. Seeks Confirmation Of Storm Damage Award
A townhome association's insurer has no legal basis to withhold payments under a $2.7 million appraisal award for costs connected to a 2022 storm, the association told a Minnesota federal court Friday in a bid for an early win in its suit.
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May 30, 2025
Ace Says Ga. Insureds Wrongly Added Atty To Coverage Fight
Ace Property and Casualty Insurance Co. has launched a sanctions bid in Georgia federal court against two policyholders and their counsel in a coverage suit, alleging they abused the judicial process by adding outside counsel as a defendant just to defeat diversity jurisdiction and remand the case to state court.
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May 30, 2025
Insurer's Hail Claim Denial Not Unreasonable, 10th Circ. Says
A commercial property owner failed to show that its insurer unreasonably denied coverage for a hail damage claim under Colorado law or violated insurance industry standards by relying on an expert report, the Tenth Circuit said in an unpublished opinion Friday.
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May 30, 2025
Insurance Cos. Can't Force Arbitration Of Race, Sex Bias Suits
American Income Life Insurance Co. and a brokerage firm can't make Black and female former employees arbitrate several lawsuits claiming they were forced to endure rampant harassment, a New Jersey state appeals court ruled Friday, saying the workers' arbitration agreement didn't properly explain what they were giving up.
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May 30, 2025
Insurer Seeks Win In Margolis Edelstein Malpractice Dispute
Margolis Edelstein should not be allowed to escape GMG Insurance Agency's legal malpractice suit, the agency told a Delaware Superior Court, saying the law firm admitted that it was not competent to handle an underlying noncompete dispute that resulted in a $1.2 million settlement.
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May 29, 2025
Insurer Waived Arbitration For Many Reasons, NJ Panel Rules
An insurer waived its right to arbitration for many reasons, a New Jersey appellate panel affirmed, finding a pier owner's coverage dispute concerning underlying litigation brought against it by public utilities blaming it for a fluid leak in the Hudson River must head to trial.
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May 29, 2025
7th Circ. Probes Hartford's Denial Of Benefits To Ex-PwC Exec
A Seventh Circuit panel weighing Thursday whether to restore long-term disability benefits to an ex- PricewaterhouseCoopers LLP executive with fibromyalgia asked her attorney and counsel for the insurer that denied benefits if the lower court should have considered prior claim history and a consultant's report finding her condition precluded "meaningful employment."
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May 29, 2025
No Coverage For Clothing Chain's COVID-19 Losses
A national clothing retailer can't get coverage for its pandemic-related losses, a Tennessee federal court ruled, permanently tossing the case and saying its Hartford policy plainly excluded the losses regardless of whether Tennessee law or Pennsylvania law — the original jurisdiction of the case — applied.
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May 29, 2025
Investors Can't Shield $66M Life Policies During State Rehab
Premiums due on unmatured PHL Variable Insurance Co. policies held by three investment companies do not qualify as debts under Connecticut's insurance rehabilitation statute, a state trial court judge has ruled, rejecting the companies' attempts to protect separate matured policies worth $66 million.
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May 29, 2025
Mich. Farmers Must Bring New Suit To Challenge Crop Policy
A group of Michigan dry-bean farmers can't challenge the Federal Crop Insurance Corp.'s reapproval of a crop revenue insurance program after remand, a federal court ruled, saying the farmers must initiate a new suit to challenge a remanded agency decision.
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May 29, 2025
Insurer Wants Firm's $2.6M Malpractice Coverage Suit Tossed
Berkshire unit National Liability & Fire Insurance Co. called on a Georgia federal judge this week to throw out a law firm's claims that it was hung out to dry by its insurers in a malpractice case, arguing the suit is an impermissible attempt to convert a contract dispute into a negligence claim.
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May 29, 2025
Lindberg Can't Skirt $122M Contempt Order, NC Panel Told
Insurance companies that convicted billionaire Greg Lindberg allegedly bled dry told the North Carolina Court of Appeals not to let him duck a $122 million contempt order, saying he didn't even show up for the hearing and has done nothing since to purge his contempt.
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May 28, 2025
Insurers Get Meta MDL Coverage Fight Kicked Back To Del.
A California federal judge has ruled that Meta Platforms' sprawling dispute with dozens of insurers over coverage for personal injury multidistrict litigation belongs in Delaware state court, where two Hartford Insurance Group units first sued, rejecting Meta's claims Hartford acted in bad faith in suing in Delaware, along with other arguments.
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May 28, 2025
Law Firm's Suit Against AIG Unit Cut Down To Contract Claims
A Florida federal judge on Wednesday trimmed a law firm's suit claiming an AIG unit allegedly misled it into representing a sports memorabilia collector in underlying civil and criminal fraud cases without payment.
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May 28, 2025
Regeneron Urges Judge In FCA Kickback Suit To Set Trial Date
Regeneron Pharmaceuticals Inc. on Wednesday pressed a Massachusetts federal judge to ready a long-running False Claims Act suit for a jury and reject the government's second bid for a pretrial win under a different legal theory following a First Circuit setback.
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May 28, 2025
Texas Court Ponders If County Can Bring $11M Project Suit
A Texas appeals court worked to untangle whether one or two contracts were involved in an $11 million park project in Williamson County, Texas, during oral arguments Wednesday, and whether, in turn, the statute of limitations barred the county from suing the insurer for breach of contract.
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May 28, 2025
Amtrak Worker Admits To Part In $11M Benefits Fraud Scheme
A New Jersey-based Amtrak employee has pled guilty to participating in a conspiracy to defraud the passenger railroad's health plan for an estimated $11 million in benefits, the U.S. Attorney's Office for the District of New Jersey announced Wednesday.
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May 28, 2025
Insurer Questions Coverage Of Ohio Tenant Harassment Case
An Ohio insurer filed a federal lawsuit arguing on Wednesday that it is not obligated to defend or indemnify Athens County, Ohio, landlords accused in a U.S. Department of Justice lawsuit of allowing sex discrimination and harassment against female tenants at at least one rental property for years.
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May 28, 2025
DOL Tells 5th Circ. It Will Craft New ESG Rule For 401(k) Plans
The U.S. Department of Labor told the Fifth Circuit on Wednesday that it will launch new rulemaking and move "as expeditiously as possible" to replace Biden administration regulations on whether fiduciaries can consider issues like climate change and social justice when choosing retirement plan investments.
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May 28, 2025
Feds Urge Supreme Court To Let 10th Circ. PBM Ruling Stand
The federal government urged the U.S. Supreme Court not to take up the state of Oklahoma's challenge to a Tenth Circuit decision that found parts of a law regulating pharmacy benefit managers were preempted by federal benefits and healthcare laws, arguing the case doesn't warrant further review from the justices.
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May 28, 2025
Colorado, Feds Clash Over $6.7M From Collapsed Insurer
A Colorado federal judge pressed the state Wednesday on how its bid to pay out $6.7 million from a defunct health insurer to a Denver Health plan doesn't conflict with the federal government's interests, noting the disbursement would result in less money to a federal risk program.
Expert Analysis
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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Key Insurance Issues Likely To Arise From NY Superfund Law
The recently enacted New York Climate Change Superfund Act imposes a massive $75 billion in liabilities on energy companies in the fossil fuel industry, which can be expected to look to their insurers for coverage, raising a slew of coverage issues both old and new, say attorneys at Wiley.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Opinion
Airlines Should Follow Treaty On Prompt Crash Payouts
In the wake of the recent crash of a Delta Air Lines flight during landing in Toronto, it is vital for air carriers and their insurers to understand how the Montreal Convention's process for immediate passenger compensation can avoid years of costly litigation and reputational damage for companies, says Robert Alpert at International Crisis Response.
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How Fla. Is Floating A Raft Of Bills To Stem Insurance Woes
Proposed reforms that follow a report skewering Florida's insurance industry offer a step in the right direction in providing relief for property owners, despite some limitations, say attorneys at Farah & Farah.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Recent Cases Highlight Latest AI-Related Civil Litigation Risks
Ongoing lawsuits in federal district courts reveal potential risks that companies using artificial intelligence may face from civil litigants, including health insurance coverage cases involving contractual and equitable claims, and myriad cases concerning securities disclosure claims, say attorneys at Katten.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Class Actions At The Circuit Courts: March Lessons
In this month's review of class actions appeals, Mitchell Engel at Shook Hardy discusses three federal appellate court decisions and identifies practice tips from cases involving antitrust allegations against coupon processing services, consumer fraud and class action settlements.
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What To Know About NAIC's Risk-Based Capital Task Force
Attorneys at Debevoise outline key details of the Risk-Based Capital Model Governance Task Force, which was recently launched by the National Association of Insurance Commissioners, including the task force's objectives, and potential implications for insurers and their investment strategies.
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How Calif.'s Wildfire Insurance Crisis Might Affect Texas
Attorneys at Munsch Hardt examine the implications of California's wildfire insurance crisis for Texas, including potential shifts in coverage availability, regulatory differences and how the insurers in the second-largest U.S. state may react to a major wildfire event.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.