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Insurance
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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.
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May 09, 2025
Chancery Rejects Shareholder Challenge To Fidelity Spinoff
Observing that related-party company deals with controllers "are not inherently wrongful," a Delaware vice chancellor on Friday scuttled a pension fund suit challenging a $250 million Fidelity National Financial Inc. investment in a spun-off but still controlled former subsidiary.
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May 09, 2025
A Look At David Souter's Most Significant Opinions
The retired Justice David Souter defied simple definition, viewed as a staunch conservative until he co-wrote an opinion upholding abortion rights in 1992. He did not hew to partisan lines, but reshaped the civil litigation landscape and took an unexpected stand in an extraordinarily close presidential election.
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May 09, 2025
Insurers Urge 1st Circ. To Undo Oil Co. Coverage Ruling
Insurers for a heating oil company asked the First Circuit to reverse a decision forcing them to defend the company and several executives in a class action alleging damage caused by fuel containing elevated levels of biodiesel, saying the company's "purposeful business choices" do not constitute an occurrence.
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May 09, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen a subsidiary of State Street Corp. sue British sports betting giant Entain, Manolete Partners and HSBC tackle action just weeks after signing a £17 million revolving credit facility agreement, and a commercial fraud claim launched by EFG Bank against Mirabaud & CIE.
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May 09, 2025
Justice Souter Was An Unexpected Force Of Moderation
Justice David Souter, who saw the high court as a moderating force apart from the messiness of politics, subverted the expectations of liberals and conservatives alike during his 19 years on the bench.
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May 09, 2025
Retired Supreme Court Justice David Souter Dies At 85
Retired Justice David H. Souter, who served on the U.S. Supreme Court from 1990 to 2009, has died at 85, the court announced Friday.
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May 08, 2025
10th Circ. Urged To Undo Insurers' Pollution Exclusion Win
A New Mexico property owner urged the Tenth Circuit to rethink its ruling that separate pollution exclusions in its commercial general liability policies entirely removed two insurers' duty to defend underlying environmental contamination claims, arguing the appeals court overlooked a significant principle under settled New Mexico insurance law.
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May 08, 2025
Insurer Owed Reimbursement In Worker Injury Coverage Row
A Washington federal court on Thursday ordered a subcontractor's insurer to reimburse a general contractor's insurer for more than $280,000 after both insurers helped settle an underlying worker injury lawsuit, finding the subcontractor's insurer owed additional insured coverage to the general contractor.
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May 08, 2025
Miller Friel Welcomes Ex-Morgan Lewis Insurance Leader
Miller Friel PLLC announced Thursday that an attorney with more than 40 years of experience in insurance recovery has joined the firm's Washington, D.C., office as senior counsel.
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May 08, 2025
9th Circ. Says Oil Co. Marine Policy Doesn't Cover $8M Award
Lloyd's underwriters don't owe coverage for an $8.1 million award to the employer of a deckhand who was injured by defective mooring at a natural gas extraction platform, the Ninth Circuit held, saying coverage wasn't triggered under the platform owner's charterers legal liability policy.
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May 08, 2025
Elizabeth Holmes Loses Bid For Full 9th Circ. Rehearing
The Ninth Circuit said Thursday it will not reconsider a panel decision refusing to throw out the conviction and 11-year prison sentence of Theranos Inc. founder Elizabeth Holmes.
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May 08, 2025
Conn. High Court Snapshot: Rehab Permit And Towing Tiff
The Connecticut Supreme Court, in its upcoming term, will consider whether an existing substance abuse treatment center has the right to challenge the opening of a competitor nearby, and determine if a murder suspect is owed a new trial over an allegedly botched jury poll.
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May 08, 2025
2nd Circ. Revives Arbitration In Hurricane Damage Suit
The Second Circuit on Thursday revived a bid by surplus insurers seeking to arbitrate claims over hurricane-related property damage in Louisiana, in a ruling that overturns its own precedent on the interpretation of a treaty governing international arbitration.
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May 08, 2025
Pierson Ferdinand Hires Commercial Litigation Partner In NY
Pierson Ferdinand LLP has added a former McElroy Deutsch Mulvaney & Carpenter LLP attorney as a New York-based partner in its commercial litigation practice, the firm said Thursday.
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May 08, 2025
Insurer Drops Coverage Fight Over NC Truck Stop Shooting
An insurer and a security guard service company have settled a coverage dispute over underlying negligence lawsuits involving a fatal shooting that occurred at a North Carolina truck stop, according to a notice filed in federal court.
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May 07, 2025
UnitedHealth Hid Biz Impact Of CEO's Killing, Investor Says
UnitedHealth Group concealed how public scrutiny of its coverage policies and backlash from the killing of its CEO was harming its business, leading to plummeting stock prices when the insurer lowered its 2025 earnings outlook, according to a proposed investor class action filed Wednesday in New York federal court.
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May 07, 2025
Zurich Wants Midtrial Win In Fluor $300M Bad-Faith Case
Insurer Zurich urged a federal judge Wednesday to find midtrial that former policyholder Fluor has failed to prove up a case for bad-faith refusal to settle regarding a $300 million lead pollution payout, saying there's been no evidence Zurich ever received a proper offer.
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May 07, 2025
Texas Bill May Limit Full Redress For Personal Injury Victims
A Texas bill aimed at reining in allegedly excessive jury awards granted to personal injury victims would be a boon for insurance companies, but it may threaten victims' ability to get full compensation for the consequences of another party's negligence.
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May 07, 2025
Sidley-Led Insurer Aspen Leads 2 IPOs Raising $508M Total
Private equity-backed specialty insurer Aspen Insurance Holdings Ltd., represented by Sidley Austin LLP, on Wednesday raised $397.5 million after pricing an upsized initial public offering, leading one of two insurance listings that netted $507.5 million combined as more companies tiptoe back into the IPO market.
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May 07, 2025
Politics, Tech Issues Top Concerns At Chicago Risk Event
Insurance and risk professionals around the country gathered in Chicago to discuss potential perils and opportunities for the future, with talks often centering on President Donald Trump's administration, technological developments and statutory reform of the legal system.
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May 07, 2025
Chubb Can't Get Archdiocese's Abuse Coverage Suit Trimmed
A New York state court refused Wednesday to toss the Archdiocese of New York's claims for bad faith and violations of the state's deceptive trade practices law in a suit seeking coverage from Chubb units for thousands of sexual abuse lawsuits.
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May 07, 2025
Mich. Justices Mull 'Straddle Policies' In No-Fault Cases
The Michigan Supreme Court on Wednesday considered whether insurance policies that straddle the date no-fault reforms went into effect should be subjected to post-reform increased limits for liability and scheduled medical care reimbursement rates.
Expert Analysis
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Texas Case Shows Why Juries Are Well-Suited To COVID Suits
The original jury verdict in Baylor College of Medicine v. Lloyd's, currently on appeal to the Texas Supreme Court after being overturned by an appellate panel, illustrates why COVID-19 business interruption claims with their case-specific facts need to be decided by juries, not by judges using a one-size-fits-all approach, says Jeremy Lawrence at Farella Braun.
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Filial Consortium Claims' Future After Conn. High Court Ruling
While the Connecticut Supreme Court recently ruled for defendants in rejecting parents’ attempt to recover loss of companionship damages in a severe child injury case, there is still potential for the plaintiffs bar to lobby for a law that would allow filial consortium claims, Glenn Coffin at Gordon Rees.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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In-House Expert Testimony Is Tricky, But Worth Considering
Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.
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Tracking Changes To AI Evidence Under Federal Rules
As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.
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Reconciling 2 Smoke Coverage Cases From California
As highlighted by a California Department of Insurance bulletin clarifying the effect of two recent decisions on insurance coverage, the February state appellate ruling denying coverage for property damage from smoke, ash and soot should be viewed as an outlier, say attorneys at Reed Smith.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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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.