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Insurance

  • February 22, 2019

    Bar Fights DQ Bid In Suit Over Tent Collapse Settlement

    A St. Louis bar resisted on Friday an attempt to disqualify its counsel in a suit against its insurance company, which alleges the insurer passed on a favorable settlement in an underlying case over a deadly tent accident.

  • February 22, 2019

    Public Storage Nears Post-Trial Win In $100M Insurance Suit

    A California judge tentatively handed Public Storage a win in a $100 million class action bench trial Thursday, clearing the national storage giant of claims that it tricked customers into believing they were required to buy company-provided insurance.

  • February 22, 2019

    Unum Beats Baker Donelson Atty's Disability Benefits Suit

    Unum Life Insurance Co. of America won’t have to face a lawsuit claiming it wrongly denied a Baker Donelson Bearman Caldwell & Berkowitz PC attorney long-term disability benefits after a Louisiana federal judge ruled the insurer reasonably concluded she wasn't unable to work because of fibromyalgia.

  • February 22, 2019

    AIG Can't Nix Emmis' Investor Suit Defense, 7th Circ. Told

    Emmis Communications Corp. on Thursday asked the Seventh Circuit to affirm that an AIG unit must cover its successful defense of a lawsuit alleging the company and its board tried to strip preferred shareholders of their rights, arguing that a lower court properly rejected the insurer’s bid to apply a policy exclusion.

  • February 22, 2019

    Anthem-Cigna Trial To Weigh ‘Best Efforts’ On Failed Deal

    In a trial likely to turn heavily on the words "best efforts" and claims of subterfuge, insurance giants Anthem Inc. and Cigna Corp. will square off in Delaware's Chancery Court Monday over a $54 billion merger that came unglued in 2017, with as much as $20.5 billion in damages hanging in the balance.

  • February 22, 2019

    Maryland Hospital Co. Can't Dodge FCA Suit

    An Illinois federal judge on Friday refused to let Maryland-based MedStar Health Inc. off the hook from a False Claims Act suit launched by a former employee who claimed the health care system billed federal insurance programs for unnecessary inpatient admissions.

  • February 22, 2019

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen a fashion designer and Icelandic bank take on HMRC, a fund manager sue a payments processor rattled by allegations of fraud and a host of shipping insurance providers and food companies file suit against cargo giant Maersk. Here, Law360 looks at those and other new claims in the U.K.

  • February 22, 2019

    Insys Rode 'The Gray Line' To Mislead Insurers, Exec Says

    Insys Therapeutics Inc. routinely lied to insurance companies, training employees to "ride the gray line" between truth and fiction in order to get expensive fentanyl prescriptions covered, a former manager testified Friday in Boston federal court during a trial for company brass accused of bribing doctors to prescribe the drug.

  • February 22, 2019

    ERISA Suit Over Benefits Formula Falls Flat, MetLife Says

    Metropolitan Life Insurance Co. has urged a New York federal judge to toss a case alleging its method for calculating certain retirement benefits violated the Employee Retirement Income Security Act, arguing that the retirees didn’t explain what was wrong with MetLife's methodology.

  • February 22, 2019

    Health Hires: DLA Piper, Baker McKenzie, Taft, Buchalter

    DLA Piper nabbed a new life sciences patent strategy group leader from Venable LLP and Baker McKenzie brought on a former Morgan Lewis & Bockius LLP attorney to lead its life sciences group, marking two of the latest shake-ups in firms' health and life sciences practices.

  • February 22, 2019

    Amazon Health Startup Won't Soon Rival Optum, Judge Rules

    A former employee of UnitedHealth unit Optum Inc. can continue his role with a health care startup created by Amazon.com Inc., Berkshire Hathaway Inc. and JPMorgan after a Massachusetts federal judge ruled Friday that Optum had not shown the two companies are likely to be rivals anytime soon.

  • February 21, 2019

    Cigna Blasts Workers' Plan For Sanctions In ERISA Suit

    Cigna Corp. blasted its workers' plan to seek sanctions in a long-running Employee Retirement Income Security Act class action the company lost in 2012, arguing Wednesday that Cigna didn't violate a Connecticut federal judge's notice and payment orders, as its employees claim.

  • February 21, 2019

    State Farm Policyholders Win Cert. In Labor Costs Fight

    A Kentucky federal judge on Thursday certified a class of State Farm policyholders who allege that the insurer improperly depreciated the costs of labor when determining the actual cash value owed on their damaged or destroyed homes, finding that class treatment is appropriate because the policyholders' claims involve a common legal question.

  • February 21, 2019

    Honeywell Beats Retirees' Suit Over Health Care Benefits

    A Michigan federal judge threw out a would-be class action Thursday brought by retirees who claimed Honeywell International Inc. owed them health care benefits until they turned 65, citing the Sixth Circuit's finding that the benefits weren’t supposed to survive after their union contract’s expiration.

  • February 21, 2019

    UPMC Hits Back At Pa. AG Over Extending Highmark Contract

    The University of Pittsburgh Medical Center hit back Thursday at Pennsylvania Attorney General Josh Shapiro’s efforts to force the hospital and insurance network back to negotiations with Highmark Inc., claiming in state and federal court that Shapiro overstepped his bounds by trying to modify consent decrees governing the two companies’ relationship.

  • February 21, 2019

    1st Circ. Won't Revive Doc's ERISA Suit Against Hartford

    A First Circuit panel has refused to revive a New Hampshire doctor’s Employee Retirement Income Security Act case accusing Hartford Life and Accident Insurance Co. of wrongly cutting off her long-term disability benefits, saying she missed the deadline to challenge the insurer's decision.

  • February 21, 2019

    UnitedHealth Lactation Suit Deserves Class Cert., Moms Say

    Mothers who say UnitedHealthcare Inc. violated the Affordable Care Act and Employee Retirement Income Security Act by depriving them of lactation counseling and support services have urged a California federal court to grant them class action status.

  • February 21, 2019

    Fla. Plaintiffs Bar Defends 3rd-Party Benefits Assignment

    The Florida plaintiffs bar weighed in Wednesday on a closely watched dispute in the Florida Supreme Court over the assignment of insurance claim benefits to third parties like contractors, arguing that any restriction on an assignment of benefits violates constitutionally protected property rights.

  • February 21, 2019

    Texas Floats Bill Requiring Re-Roofers To Register With State

    A Texas state representative on Wednesday introduced a bill that would require re-roofing contractors to register with a state licensing and regulation department and would subject the contractors to criminal and administrative penalties and sanctions for violating the proposed law.

  • February 21, 2019

    USOC Knew Of Nassar Claims Before Coverage, Insurer Says

    Arch Specialty Insurance has asked a Colorado state court to find it doesn’t have to defend the U.S. Olympic Committee from suits alleging sexual abuse by former Olympic gymnastics team doctor Larry Nassar, saying the USOC knew it was at risk before it applied for the policy.

Expert Analysis

  • 3 Lessons From A Crypto Mock Trial

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    We recently hatched a plan to test whether litigators could get blockchain ledger entries into evidence under the existing Federal Rules of Evidence, and we found a federal judge willing to help us, say attorneys Justin Steffen, Andrew Hinkes, Lisa Braganca, Christopher Veatch, Kashan Pathan and Jimmie Zhang.

  • HHS Is Embracing A Broader Vision Of Health Care

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    In the last month, divisions of the U.S. Department of Health and Human Services have taken three separate actions that collectively reflect continuing interest in facilitating high-value care delivery that goes far beyond traditional models, say attorneys at Ropes & Gray LLP.

  • Employment Practices Insurance Can Cover BIPA Claims

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    Following the Illinois Supreme Court's recent decision in Rosenbach v. Six Flags, expect to see many more class actions filed pursuant to the Illinois Biometric Information Privacy Act — and expect most claims against employers to be covered by employer practices liability insurance, say Daniel Schlessinger and Seth Corthell of Jaszczuk PC.

  • Q&A

    A Chat With McDermott COO John Yoshimura

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    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature John Yoshimura, chief operating officer at McDermott Will & Emery LLP.

  • Opinion

    The Problem With 'Optimal' Diversity

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    Organizations should seek to avoid discrimination, but they should also be wary of the idea that diverse teams function better than nondiverse teams, because this reasoning lacks evidence and can lead to a slippery slope, says J.B. Heaton of J.B. Heaton Research LLC.

  • State Net

    States May Take The Lead On Regulating AI

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    While artificial intelligence promises to revolutionize the way we live and work, there has been relatively little government regulation targeting it specifically. But legislation referring to AI is currently pending in at least 13 states, and more may be on the way, says Korey Clark of State Net Capitol Journal.

  • 5 Considerations For Both Sides In Stadium Naming Deals

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    The stadium and arena naming rights deal market remains highly active. The complexity of these agreements and the importance of the terms are growing, say Ryan Davis and Steve Smith of Bryan Cave Leighton Paisner LLP.

  • Climate Change And Insurance: Increasing Foreign Lawsuits

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    The amount of climate-related litigation outside the United States is growing. While these cases are not all headline-grabbing actions against large emitters, they are equally important for the insurance industry to monitor, say Jason Reeves and Deepa Sutherland of Zelle LLP.

  • Mediation Opening Arguments Should Not Be A Throwdown

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    Presenting a powerful opening statement at mediation plays an important role in achieving success, but you need to reach into your toolbox for more than just a hammer, says Anthony Rospert of Thompson Hine LLP.

  • Lowered Bar For BIPA Lawsuits Will Raise Insurance Issues

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    The Illinois Supreme Court's recent ruling in Rosenbach v. Six Flags is likely to continue the proliferation of Biometric Information Privacy Act litigation, in turn leading to more insurance coverage disputes over whether BIPA claims involve "personal and advertising injury" or "property damage," says Jonathan Viner of Nicolaides Fink Thorpe Michaelides Sullivan LLP.