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May 13, 2025
3rd Circ. Upholds Most Of Boy Scouts' Ch. 11 Plan
The Third Circuit upheld the bulk of the Boy Scouts of America's Chapter 11 plan to deal with thousands of childhood sex abuse claims, but agreed Tuesday with one objecting insurer that its rights were impermissibly altered under the plan.
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May 13, 2025
Crypto Co. Seeks $1.9M Coverage For Mining Equipment Theft
A cryptocurrency company told a Colorado federal court that its Markel insurers failed to cover more than $1.9 million in losses from a theft of mining hardware, saying the insurers have either failed to respond or provided no reasonable explanation for their refusal.
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May 13, 2025
Ga. Property Owner Says Insurer Must Pay For Burst Pipes
A property owner told a Virginia federal court that although its insurer received late notice of property damage after a 2022 winter freeze burst pipes at its Georgia property, it was still owed coverage under a more than $30 million policy because the insurer accepted its reasons for the delay.
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May 13, 2025
Texas House OKs Bill Expanding Biz Court Disputes
A bill that would bring sweeping changes to the state's business court is one step closer to becoming law after approval by the Texas House on Tuesday.
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May 13, 2025
Ga. Justices Nix Atty Immunity Doctrine, Uphold Tossing Case
The Georgia Supreme Court on Tuesday overturned a long-standing attorney immunity doctrine that a lower court found shielded Barnes & Thornburg LLP from a legal malpractice suit, but the justices concluded that a onetime client's claims still fell short.
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May 13, 2025
Insurers Say McCarter Can't Blame NY Town In $22M Loan Suit
Two insurers asked a Connecticut judge to nix four of McCarter & English LLP's defenses in a $22.3 million lawsuit over the firm's role in crafting loans for recreational improvements in a Long Island, New York, town, saying the firm can't blame municipal officials while defending contract and malpractice claims.
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May 13, 2025
Fla. Medical Cos. Sue Akerman For Malpractice, Fight Fees Bid
After Akerman LLP filed suit against Rennova Health Inc. and medical laboratories for unpaid fees last month, the healthcare services company swung back with a motion to dismiss that case, while the labs filed their own malpractice lawsuits.
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May 13, 2025
Insurer Calls To Ax Mogul's Receivership Appeal As Sanction
An insurer seeking to collect on a $524 million arbitration award against convicted insurance mogul Greg Lindberg has asked the North Carolina Court of Appeals to toss Lindberg's attempt at undoing a receivership order as a sanction for allegedly flouting court deadlines.
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May 13, 2025
Builder Says Zurich Owes $2.6M For Bronx School Damage
A contractor said a Zurich unit owes it at least $2.6 million for costs incurred after a construction site collapse at a Bronx school, telling a New York federal court the insurer failed to timely adjust its claim and wrongfully refused to pay out any funds for the loss.
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May 12, 2025
Murder Is Not Assault, Drywall Co. Says In Indemnification Bid
A drywall company told a Texas federal judge that Knight Specialty Insurance Co. cannot use an assault and battery exclusion to escape its obligation to defend the company after one of its employees murdered a woman, saying Monday "murder is different than assault or battery."
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May 12, 2025
Asbestos Spiked Cost To Demolish Power Plant, Suit Says
A subcontractor doing demolition at a former Boston power plant undergoing redevelopment says it is owed more than $22 million for additional work after finding hidden pockets of asbestos in multiple locations.
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May 12, 2025
Insurer Must Pay Part Of $2M Construction Defect Settlement
A Minnesota state appellate court on Monday upheld a lower court's ruling that found an insurer must cover over $170,000 of a $2 million settlement between a marina and a contractor over alleged construction defects.
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May 12, 2025
Ex-Liberty VP Can Shield Health Info In Bias Suit, For Now
A Black former Liberty Mutual vice president and senior talent adviser got a temporary sealing order Monday in her race bias suit against the insurer, with a North Carolina magistrate judge stating that certain documents including her personal health information would be protected until her permanent sealing bid is resolved.
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May 12, 2025
Calif. FAIR Plan Must Provide Fire Claim Docs, Couple Says
A couple displaced by toxic contamination in their home after the Los Angeles wildfires asked a California state court on Monday to force the state's last-resort insurer to turn over all claim-related documents to policyholders who have requested them, saying the insurer's refusal to do so is unlawful.
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May 12, 2025
Will Justices Finally Rein In Universal Injunctions?
The U.S. Supreme Court is expected to address for the first time Thursday the propriety of universal injunctions, a tool federal judges have increasingly used to broadly halt presidential orders and policy initiatives, and whose validity has haunted the high court's merits and emergency dockets for more than a decade.
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May 12, 2025
Cadwalader Drops Data Breach Coverage Suit Against Lloyd's
Cadwalader Wickersham & Taft LLP and a Lloyd's of London syndicate it sued seeking coverage for litigation stemming from a 2022 data breach have agreed to end their dispute in North Carolina's business court with prejudice, according to a joint stipulation from the parties.
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May 12, 2025
United Health Inks $9.3M Deal In Cancer Treatment Denial Suit
United Healthcare has agreed to pay up to $9.3 million to end a proposed class action alleging it refused to cover a proton beam cancer radiation treatment by incorrectly deeming the therapy experimental, according to a Massachusetts federal court filing.
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May 12, 2025
Broker's Insurer Wants Out Of Suit Over Bad Advice
A professional liability insurer told a Florida federal court it owes no coverage to an insurance broker accused of wrongly advising its client on a $15.9 million hurricane loss because the advice came years before coverage began.
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May 12, 2025
Broker Wants To Trim Chipwich Maker's $4.5M Recall Suit
An insurance broker asked a Connecticut state court to trim a suit seeking $4.5 million for losses that the maker of Chipwich ice cream sandwiches alleges it incurred because of insufficient product recall coverage, saying the company can't sustain its breach of contract claim.
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May 12, 2025
Hub International Reaches $29B Valuation After $1.6B Plug
Insurance brokerage and financial services firm Hub International Ltd., advised by Simpson Thacher & Bartlett LLP, on Monday revealed that it hit a $29 billion valuation after securing a $1.6 billion minority common equity investment.
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May 09, 2025
BDO Urges Justices To Hear 'Crucial' Auditor Fraud Case
BDO USA LLP is petitioning the U.S. Supreme Court to hear a case that the firm warns could have "devastating" consequences for public companies' auditors, arguing in a Friday filing that the Second Circuit created a "dangerous precedent" by reviving a lawsuit brought by AmTrust Financial Services Inc. shareholders.
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May 09, 2025
W.Va. Justices Say UIM Coverage Needn't Always Be Offered
West Virginia does not require commercial auto insurers to offer underinsured motorist, or UIM, coverage for all vehicles they insure, the West Virginia Supreme Court of Appeals ruled, answering a question from the Fourth Circuit in a dispute over a policy insuring both owned and "non-owned" vehicles.
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May 09, 2025
9th Circ. Pins SEC Legal Expenses On Recycler, Not Insurer
The Ninth Circuit affirmed Friday that a Nevada appliance recycler had no coverage for more than $1.3 million in costs associated with a U.S. Securities and Exchange Commission fraud case against it, finding that regardless of which state law applied, the result was unchanged.
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May 09, 2025
Souter's Clerks Remember Him As Humble, Kind And Caring
Former clerks of retired U.S. Supreme Court Justice David H. Souter are heartbroken over the death of a man many of them remember more for his conscientiousness, humility, kindness and disdain for the spotlight than for his undeniable brilliance as a jurist.
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May 09, 2025
Hiker And 'Raconteur': Atty Recalls 50-Year Bond With Souter
Behind a towering legal legacy was a man who loved to hike mountains, could recall details of things he read decades ago and was always there for those he cared about, a New Hampshire attorney said as he reflected on a lifelong friendship with U.S. Supreme Court Justice David Souter.
Expert Analysis
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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4 Ways To Leverage A Jury's Underdog Perceptions
Counsel should consider how common factors that speak to their client's size, power, past challenges and alignment with jurors can be presented to try and paint their client as a sympathetic underdog, says Ken Broda-Bahm at Persuasion Strategies.
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Why Hiring Former Jurors As Consultants Can Be Risky
The defense team's decision to hire former juror Victoria George in the high-profile retrial of Karen Read shines a spotlight on this controversial strategy, which raises important legal, ethical and tactical questions despite not being explicitly prohibited, says Nikoleta Despodova at ND Litigation.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Calif. Smoke Claim Ruling Gives Insurers Support On Denials
Far from being an outlier among ash, soot and smoke coverage cases, a California appellate court's recent opinion in Gharibian v. Wawanesa General Insurance reinforces the principle that policyholders must establish entitlement to coverage as a threshold matter, while supporting denials of coverage for meritless claims, says Kyle Espinola at Zelle.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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How Attorneys Can Make The Most Of A Deposition Transcript
With recent amendments to federal evidence rules now in effect, it’s more important than ever to make sure that deposition transcripts are clear and precise, and a few key strategies can help attorneys get the most out of a transcript before, during and after a deposition, says Allison Rocker at Baker McKenzie.
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Navigating Florida's Bad Faith Reforms After Appellate Ruling
A Florida appellate court's recent decision is among the first to interpret two significant amendments to the state's insurance bad faith law, and its holding that one of the statutes could not apply retroactively may affect insurers' interpretation of the other statute, say attorneys at Cozen O'Connor.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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ERISA Forecast After Diverging Pension Risk Transfer Rulings
Two district courts' split decisions on whether plaintiffs had standing in class actions challenging pension risk transfer transactions, amid a swath of similar suits, provide an early indication of how courts might rule in this new wave of Employee Retirement Income Security Act litigation, say attorneys at Gibson Dunn.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Atty Insurance Implications Of Rising Nonclient Cyber Claims
As law firms are increasingly targeted in cyberattacks, claims by clients as well as nonclients against lawyers are also on the rise, increasing the scope of exposure that attorneys face in their practice, say attorneys at Wilson Elser.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.