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Insurance
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December 08, 2025
5th Circ. Blocks Arbitration In Hurricane Coverage Case
The Fifth Circuit on Monday overturned a lower court order compelling a southern Louisiana town to arbitrate a dispute over coverage for hurricane damage in light of a state law that expressly prohibits arbitration agreements for insurance contracts.
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December 08, 2025
Liberty Mutual Hit With $103M Age Bias Jury Verdict
A California jury has awarded a former Liberty Mutual Insurance Co. employee $103 million in damages after finding that the company discriminated against and harassed her based on her age, an amount the worker's lawyers say is among the largest age discrimination verdicts in history.
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December 08, 2025
Insurer Denies Coverage To Retailers For Kratom Death Suit
An insurance company is arguing it has no obligation to defend two Washington retail smoke shops facing a lawsuit by a father who claims they sold kratom products that killed his son, telling a federal court that their policies do not cover injuries caused by the sale of products expected to cause injury.
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December 08, 2025
Liberty Seeks Excess Insurer Repayment For $21.3M Verdict
A Berkshire Hathaway unit must cover Liberty Insurance Underwriters Inc.'s portion of a $21.3 million jury award in a personal injury case, Liberty said in a new federal complaint, arguing the unit unreasonably failed to resolve the case before trial despite multiple settlement offers.
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December 08, 2025
Insurer Can't Shake Fintech Co.'s Data Breach Coverage Suit
An insurer can't escape a financial technology company's suit seeking coverage for losses stemming from a 2024 data breach caused by its former CEO, a Florida federal court ruled, finding that the company adequately pled a claim for breach of contract.
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December 08, 2025
'Red Flags' Give 2nd Circ. Pause In NBA Health Fraud Appeal
A Second Circuit panel appeared skeptical Monday of arguments by two former NBA players convicted of defrauding a league healthcare plan that they were tricked into participating by the scheme's leader, saying the trial evidence included "red flags."
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December 08, 2025
Insurer Needn't Cover Jewish Group's $7.5M Wire Fraud Claim
A Jewish nonprofit organization isn't entitled to coverage for a fraudulent $7.5 million wire transfer, a Maryland federal court ruled, finding that its policy's extended reporting period was not active when it submitted the claim due to the start of another insurance program.
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December 08, 2025
Catching Up With Delaware's Chancery Court
The Delaware Chancery Court delivered a busy first week of December, featuring commercial disputes, post-closing merger and acquisition battles and renewed scrutiny of fiduciary conduct ranging from oil and gas investments to healthcare acquisitions.
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December 08, 2025
New Orleans Archdiocese Gets OK For $230M Ch. 11 Plan
A Louisiana bankruptcy judge on Monday approved the Roman Catholic Archdiocese of New Orleans' Chapter 11 plan, allowing it to go forward with a $230 million settlement with sexual abuse claimants.
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December 05, 2025
Factory Mutual Sued For $14M In Lost Power Plant Revenue
A power plant owner hit Factory Mutual Insurance Co. with a suit in New York federal court alleging the insurer wrongly withheld at least $14 million in coverage for lost revenue following an outage.
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December 05, 2025
Man Says Insurer Served Shooting Coverage Suit Too Late
The father of a mass shooter said his home insurer failed to serve him timely with a suit seeking to avoid coverage for an underlying action brought by the shooting victims and family members of decedents, telling a North Carolina federal court that the claims against him must be tossed.
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December 05, 2025
COVID Loss Insurance Suit Trimmed, But Eateries Can Refile
A North Carolina federal judge trimmed two of four claims in a COVID-related insurance coverage lawsuit filed by four restaurants against Cincinnati Insurance Co. after the insurer denied coverage for financial losses during the pandemic, but told the restaurants they could refile their complaint.
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December 05, 2025
ERISA Recap: 4 Rulings Worth Paying Attention To From Nov.
The Ninth Circuit striking down a class action win for transgender employee health plan participants who said their gender-affirming care denials were discriminatory is just one noteworthy Employee Retirement Income Security Act ruling from November. Here's a recap of that ruling and three others.
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December 05, 2025
Insurance Broker Accuses Ex-Producers Of Client, Info Theft
Insurance brokerage Trucordia told the Delaware Chancery Court that it has lost tens of thousands of dollars in annual commission revenue after two former producers diverted clients, employees and confidential information to a competing firm and their new venture in violation of various employment and equity holder agreements.
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December 04, 2025
Insurance Broker Tech Leader Sued In Del. Over Market Power
Alleging potential "mid-nine figures" in damages, insurance broker software venture Ardent Labs Inc. has filed a five-count suit in Delaware's Court of Chancery accusing an industry leader — Applied Systems Inc. — of "anticompetitive conduct that violates the letter and spirit of antitrust law."
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December 04, 2025
Mt. Hawley Nabs Full Win In Citibank Landlord's Coverage Bid
A New York federal court handed Mt. Hawley Insurance Co. a complete win over a Bronx property owner's claim that the insurer had a duty to defend it from a suit brought by a security guard who tripped in a Citibank parking lot.
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December 04, 2025
Geico Claims Cos. Ran $2.7M Medical Device Billing Scheme
Two New York companies exploited the state's no-fault insurance laws by fraudulently billing Geico more than $2.7 million for unnecessary durable medical equipment for drivers involved in auto accidents who could receive no-fault coverage, the insurer told a New York federal court Thursday.
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December 04, 2025
Judge Wants Weekend To Consider NOLA Diocese Ch. 11 Plan
The Louisiana bankruptcy judge overseeing the bankruptcy of the Roman Catholic Archdiocese of New Orleans said Thursday she will take the weekend to consider insurer objections to the archdiocese's Chapter 11 plan and go over statements from sexual abuse claimants.
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December 04, 2025
9th Circ. Says ERISA Preempts UnitedHealth Claims Fight
The Ninth Circuit on Thursday backed a California federal court's decision to toss a medical collector's allegations of underpaid claims and state contract law violations by a UnitedHealth Group unit, agreeing that the Employee Retirement Income Security Act preempted the collector's suit.
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December 04, 2025
Buchanan Ingersoll Atty Wants Out Of Widow's Insurance Row
A Buchanan Ingersoll & Rooney attorney wants a Pennsylvania state court to dismiss him from a lawsuit filed by the widow of a Pittsburgh wig-maker, arguing he was acting solely as the attorney for the family partnership she is fighting for millions of dollars from her husband's life insurance policy.
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December 04, 2025
Mortgage Insurer Inks $650K Deal To End ERISA Suit
A mortgage insurance company has agreed to pay $650,000 to close a worker's proposed class action filed in North Carolina federal court claiming its mismanagement of an employee retirement profit sharing plan caused a $1.3 million loss.
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December 04, 2025
Allstate, Homeowners' $4M Deal OK'd In Overcharge Dispute
A California federal court gave final approval to a deal requiring Allstate to pay $4 million to end claims that it overcharged home insurance policy owners by inflating the square footage of their homes.
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December 03, 2025
Allstate Files RICO Suit Over Fla. Clinic's 'Exorbitant Charges'
Allstate hit a Florida medical practice and its owner with a Racketeer Influenced and Corrupt Organizations Act complaint alleging the owner ran an insurance billing scheme for pain management care in violation of permanent restrictions on his medical license.
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December 03, 2025
Mich. Judge Tosses Crypto Cos' $6.8M Travelers Fire Suit
A Michigan federal judge on Wednesday dismissed a lawsuit from two cryptocurrency mining companies that alleged Travelers Insurance Co. and Northfield Insurance Co. exacerbated their building's fire loss through the claim handling process, finding the issues in this case were fully litigated in a separate action in which the insurance policy was deemed void.
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December 03, 2025
AT&T Sues Generic Drug Manufacturers, Alleging Price-Fixing
AT&T has joined the bevy of litigants suing a swath of pharmaceutical companies over alleged generic drug price-fixing, claiming it shelled out billions of dollars for medication reimbursements to the drugmakers as part of its employee health plans when it could have spent far less if the drugs weren't subject to anticompetitive pricing.
Expert Analysis
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Lessons From Liberty Mutual FCPA Declination
Liberty Mutual’s recent Foreign Corrupt Practices Act resolution with the U.S. Department of Justice signals that the Trump administration is once again considering such declinations after an enforcement pause, offering some assurances for companies regarding the benefits of voluntary self-disclosure, say attorneys at Paul Weiss.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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NY Ruling Eases Admission Of Medical Record Evidence
A New York appellate court’s recent ruling in Pillco v. 160 Dikeman clarifies the standard for evaluating accident-related entries from medical records, likely making it easier to admit these statements into evidence at trial, says Shawn Schatzle at Lewis Brisbois.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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How To Address Tariff-Related Risks In Commercial Contracts
Companies' commercial agreements may not clearly prescribe which party bears the risks and consequences of tariff-related fallout, but cases addressing common-law defenses and force majeure have one key takeaway, say attorneys at Morgan Lewis.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Opinion
Fla. Misses Opportunity To Rectify Wrongful Death Damages
Florida Gov. Ron DeSantis' recent veto of a bill that would have removed certain arbitrary and unfair prohibitions on noneconomic wrongful death damages in medical negligence cases highlights the urgent need for reforms to current state law, say attorneys at Farah & Farah.
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9 Jury Selection Lessons From The Combs Trial
U.S. District Judge Arun Subramanian’s unusually thorough jury selection process for the trial of Sean Combs offers attorneys and judges a master class in using case-specific juror questionnaires and extended attorney-led voir dire to impanel better juries that produce more just outcomes, say Kevin Homiak at Wheeler Trigg and Leslie Ellis at The Caissa Group.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Puzzling Out When Similar Insurance Claims Are Related
A recent decision in Virginia federal court shows that more than identical allegations of negligent business practices across two lawsuits may be necessary to satisfy the strict definition of relatedness under claims-made liability insurance policies, say attorneys at Hunton.
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Ruling Offers Insurers A Path To Settle Sans Insured Consent
A recent North Carolina federal court ruling, Martin Marietta Materials v. Ace, joins other states in holding that an insurer may consider its own interests in settlement negotiations, outlining a strong strategy for insurers faced with an uncooperative insured and the threat of a large verdict, say attorneys at Phelps Dunbar.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Mitigating Employer Liability Risk Under Sex Assault Rule
The American Law Institute's newly approved rule expands vicarious liability to employers for certain sexual assaults that employees commit, which could materially increase employers' exposure unless they strengthen safeguards around high-risk roles, say attorneys at Morgan Lewis.