The Colorado Supreme Court ruled Monday that a portion of Colorado law addressing procedural requirements for insurers asserting failure-to-cooperate defenses against policyholders applies only to a policyholder's general duty to cooperate, not their duty to satisfy specific contract requirements.
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TOP NEWS

Colo. High Court Limits Reach of Insurer Cooperation Law

By Zach Dupont

The Colorado Supreme Court ruled Monday that a portion of Colorado law addressing procedural requirements for insurers asserting failure-to-cooperate defenses against policyholders applies only to a policyholder's general duty to cooperate, not their duty to satisfy specific contract requirements.

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NJ Justices Asked To Expand General Contractor Duty Of Care

By George Woolston

A laborer injured while working on the Goethals Bridge replacement project attempted to persuade the New Jersey Supreme Court on Monday to broaden the duty of care for general contractors on commercial construction projects.

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Colo. Justices Say Car Rental Cos. Don't Qualify As Insurers

By Hope Patti

Car rental companies that offer supplemental insurance through their own carriers cannot be deemed insurers of customers who purchase that coverage through rental agreements, the Colorado Supreme Court ruled Monday in a case against Hertz Corp.

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8th Circ. Defers To Minn. High Court On Amazon Fire Liability

By Mark Payne

The Minnesota Supreme Court should be the arbiter of whether Amazon can be held liable for a $3.8 million office fire caused by a defective phone battery sold by a Chinese manufacturer on its platform, an Eighth Circuit panel said Monday. 

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ENFORCEMENT

Convicted Pa. Dentist Says Feds Failed To Prove Fraud

By P.J. D'Annunzio

A Pennsylvania dentist convicted along with his brother for using their dental practice to defraud Medicare, install unapproved dental implants in patients, and falsify visas to recruit foreign workers has asked a federal judge for acquittal or a new trial, arguing the government failed to show he committed any crimes.

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LITIGATION

Contractor Can't Evade FCA Deal Due To Financial Troubles

By Madeline Lyskawa

Participants of an alleged scheme to defraud a veterans' contracting program must abide by a 2024 settlement reached on the eve of trial, a D.C. federal judge ruled Monday, rejecting an IT firm's claims that the deal has become "commercially impracticable."

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Contractor Fights $174.6M Verdict In Hotel Project Row

By P.J. D'Annunzio

A contractor hit with a $174.6 million judgment over construction delays and defects stemming from a Marriott construction project in Philadelphia has asked the court to toss the verdict and grant a new trial, arguing the judge handling the case held it to the wrong legal standard. 

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Insurer Says No Coverage For $7.5M Sewage Spill Suit

By Hope Patti

An insurer told a Florida federal court it owes no coverage to a drilling subcontractor or a telecommunications construction company in a $7.5 million suit over the discharge of millions of gallons of raw sewage, saying the coverage is barred by the policies' absolute pollution exclusion.

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ER Docs Urge Justices To Back 5th Circ. Revival Of BCBS Suit

By Kellie Mejdrich

Emergency room doctors urged the U.S. Supreme Court on Monday not to disturb a Fifth Circuit decision reviving their insurance reimbursement dispute against Blue Cross Blue Shield involving out-of-network claims from employee benefit plans, arguing the appellate court correctly restarted proceedings in the case.

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Challenge To DOL Views On Rollover Advice Dropped In Texas

By Kellie Mejdrich

Insurance agents, their firms and an industry group agreed to drop a suit challenging the U.S. Department of Labor's 2020 interpretation on how fiduciary duties apply in rollover investment advice situations, which comes after the agency adjusted its regulations in March to reflect how litigation developments had changed policy.

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Health Plan Provider To Pay Up To $1.7M To End DOL Lawsuit

By Patrick Hoff

A health plan provider has agreed to pay up to $1.7 million to resolve a U.S. Department of Labor lawsuit claiming it unlawfully mixed plan assets from unrelated employers and charged its clients excessive fees, according to a filing in Illinois federal court.

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Catching Up With Delaware's Chancery Court

By Jarek Rutz

The Delaware Chancery Court this past week tackled a fresh mix of deal litigation, procedural disputes and fiduciary duty claims, with several rulings and filings underscoring the court's continued focus on contractual precision, forum enforcement and the limits of stockholder challenges.

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EXPERT ANALYSIS

What DOL Proposal Signals For 401(k)s, Alternative Assets

The U.S. Department of Labor recently published a highly anticipated proposed rule that could establish more defined pathways for 401(k) plan fiduciaries to consider investment options with greater alternative asset exposure, and help fund sponsors and investment managers develop such options, say attorneys at Cleary.

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Reel Justice: 'No Other Choice' And Moral Rationalization

In the satirical thriller "No Other Choice," the main character rationalizes his decision to kill business competitors by creating a narrative of necessity, illustrating for attorneys the dangers of treating strategic litigation decisions as inevitabilities rather than choices, says Veronica Finkelstein at Wilmington University.

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LEGAL INDUSTRY

ABA Settles Scholarship Suit After Disavowing Racial Criteria

By Grace Elletson

The American Bar Association struck a deal to end a suit claiming a scholarship program for racial and ethnic minorities discriminated against white applicants, in line with a vow it made last year that its programs would be race-neutral, according to a filing Monday in Illinois federal court.

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2nd Trump Judicial Nominee Questioned Over Fla. State Case

By Courtney Bublé

For the second time in a year, a judicial nominee for a Florida federal court is under scrutiny for allegedly presiding over a state level case involving President Donald Trump while being considered for a federal judgeship.

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Reed Smith Targeted In Eletson Gas Ownership Fracas

By Caroline Simson

Reed Smith LLP and two of its partners are facing a $262 million lawsuit in a long-running and bitter dispute over ownership of an international gas shipping company, as well as other issues that remain unresolved following the vacatur of an underlying $102 million arbitral award for fraud.

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Alabama Justices Toss Case Over Atty's AI-Hallucinated Briefs

By Lauren Berg

The Alabama Supreme Court tossed an appeal and sanctioned a Mobile, Alabama, attorney for filing "grossly deficient" briefs that contained multiple inaccurate legal citations that the justices attributed to artificial intelligence "hallucinations."

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Justices Deny Ramey Appeal Of Sanctions In Google IP Case

By Ryan Davis

The U.S. Supreme Court on Monday refused to review $255,000 in sanctions on embattled attorney William Ramey and a client for bringing what a California judge said was a frivolous patent suit against Google, turning down his appeal arguing the decision used the wrong legal standard.

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Analysis

How A Rush To Trial Paid Off With A Rare FCPA Acquittal

By Phillip Bantz

A defense strategy to fast-track the trial in a yearslong criminal foreign bribery case against a Mexican businessman in Texas appeared to backfire when he was convicted and sent to prison last year, but the gamble ultimately paid off when a judge permanently tossed the case earlier this month.

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Toss Of Atty's LVMH Claim 'Problematic,' 2nd Circ. Judge Says

By Pete Brush

A Second Circuit judge said Monday that he is having a "hard time" understanding how the firing of a LVMH lawyer wasn't connected to her earlier harassment allegations, indicating a willingness to revive retaliation claims against the luxury goods giant.

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LAW FIRMS IN TODAY'S NEWS

Armbrecht Jackson

Baker Donelson

Blank Rome

Breazeale Sachse

Chapman Law Firm

Cleary Gottlieb

Clyde & Co

Consovoy McCarthy

Covington & Burling

Crowell & Moring

Davis Graham

Duane Morris

Executive Law Partners PLLC

Fabiani Cohen

Figari & Davenport

Fisher Bren

Glaser Weil

Goulston & Storrs

Hegge & Confusione

Henrichsen Law Group

Hogan Lovells

Jenner & Block

Jones Walker LLP

King & Spalding

Kohn Kohn

Law Office of Max Rodriguez

Lawfair LLC

Leary Bride

Lehotsky Keller

Loretta A. Preska

Margolis Edelstein

Norton Rose

Patterson Ripplinger

Perkins Coie

Quinn Emanuel

R. McConnell Group PLLC

Ramey LLP

Reed Smith

Royer Cooper

Spencer Fane

COMPANIES IN TODAY'S NEWS

AT&T Inc.

Abbott Laboratories

Amazon.com Inc.

American Bar Association

Apple Inc.

Ayala Pharmaceuticals Inc.

BI Worldwide

Blue Cross Blue Shield Association

BlueCross BlueShield of Alabama Inc.

Cann

Cisco Systems Inc.

Deseret Mutual Benefit Administrators

Duke University

Found

Google LLC

Harvard University

Hertz Global Holdings Inc.

Hudson Insurance Group

Kinsale Insurance Co.

LVMH Moet Hennessy

London Court of International Arbitration

Macquarie Group Ltd.

Marriott International Inc.

Masimo Corp.

National Association of Realtors

North Carolina State Bar

Optimal Solutions & Technologies Inc.

Renesas Electronics Corp.

State Farm Mutual Automobile Insurance Co.

Tesaro Inc.

The Travelers Cos. Inc.

Tutor Perini Corp.

USA Today International Corp.

United Services Automobile Association

Walt Disney Parks & Resorts Worldwide Inc.

Weeks Marine Inc.

World Wrestling Entertainment Inc.

YouTube Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Colorado Supreme Court

Delaware Court of Chancery

Employee Benefits Security Administration

Government of Mexico

New Jersey Supreme Court

Occupational Safety and Health Administration

Pennsylvania Supreme Court

Port Authority of New York & New Jersey

Texas Supreme Court

U.S. Attorney's Office for the Eastern District of Pennsylvania

U.S. Attorney's Office for the Southern District of Texas

U.S. Bankruptcy Court for the Southern District of New York

U.S. Court of Appeals for the Eighth Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Department of Justice

U.S. Department of Labor

U.S. District & Bankruptcy Courts of Southern District of Texas

U.S. District Court for the District of Columbia

U.S. District Court for the Eastern District of New York

U.S. District Court for the Eastern District of Pennsylvania

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Northern District of Texas

U.S. District Court for the Southern District of Florida

U.S. District Court for the Western District of Texas

U.S. Supreme Court