11th Circ. Says Two-Dismissal Rule Sinks Boat Insurer's Claim

By Danielle Ferguson

An Eleventh Circuit panel on Tuesday said an insurer cannot file its action seeking to avoid coverage for a boat fire a third time, determining that its two previous voluntary dismissals barred any further litigation, even if the first dismissal was by mutual agreement.

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Premiums To Struggling Insurer Are 'Debts,' Conn. Panel Told

By Aaron Keller

PHL Variable Insurance Co. life insurance policyholders on Tuesday accused Connecticut's interim insurance commissioner of bankrolling the struggling insurer's rehabilitation by receiving millions without guaranteeing at least some payout, urging a state appeals court to reverse a trial judge's conclusion that premiums are not "debts."

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Mich. Hospitals Say CVS Diverted $66M In 340B Drug Savings

By Hope Patti

CVS Health Corp. and several affiliates implemented a pricing scheme to divert to themselves savings from the federal 340B Drug Pricing Program, two University of Michigan hospital operators told a federal court, saying the scheme has resulted in more than $66 million in lost revenue over six years.

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AIG Unit Doesn't Owe $2.5M For Pollution Defense Costs

By Hope Patti

An AIG unit needn't cover $2.5 million in defense costs from pollution suits against investors in an oil refinery and storage terminal in the U.S. Virgin Islands, a Delaware state court ruled, saying the insurer is not responsible for defense costs that predate notice of a claim.

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Cigna Can't Knock Out 401(k) Forfeiture, Fund Suit

By Kellie Mejdrich

Cigna can't escape a proposed class action alleging that underperforming investment offerings and misallocated forfeitures in its employee 401(k) plan cost workers millions, after a Pennsylvania federal judge ruled Tuesday that alleged violations of federal benefits law were sufficiently backed up to reach discovery.

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Luxury Seattle Store Says State Farm Owes For Protest Theft

By Danielle Ferguson

The owner of a luxury fashion design firm in Seattle told a federal court that its insurer owed coverage for burglaries that occurred amid protests after the 2020 murder of George Floyd, saying the insurer acted in bad faith by denying coverage without providing a reasonable explanation.

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BU Says Insurer Wrongly Denied COVID Claims Defense Costs

By Julie Manganis

Boston University says its insurer is refusing to cover $1.76 million in legal fees for the school's successful defense of a series of pandemic-era class actions, improperly relying on policy exceptions for claims based on "wrongful acts," according to a lawsuit filed Tuesday.

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Anthem Inks $3.6M Settlement In Proton Beam Therapy Suit

By Kellie Mejdrich

Anthem and its affiliates have agreed to fork over approximately $3.6 million to end a proposed class action from employee health plan participants who challenged coverage denials for proton beam therapy to treat cancer, according to Tuesday filings in Tennessee federal court.

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Becoming The Biz-Savvy GC That Portfolio Companies Need

Candidates for general counsel roles at private equity-backed portfolio companies should prioritize proving their sector-specific experience, commercial judgment and ease with uncertainty — and attorneys hoping to be candidates in five to 10 years should start working on those skills now, says Dimitri Mastrocola at Major Lindsey.

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OpenAI Says ChatGPT Misuse Is Users' Responsibility

By Emily Sawicki

OpenAI has asked a federal judge in Chicago to end an insurance company's suit alleging it practices law without a license, arguing the complaint should be directed toward individuals who misuse the company's ChatGPT bot to file faulty motions, and not the generative AI platform itself.

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2 Fla. County Courts Requiring AI Disclosure In Court Filings

By Sarah Martinson

Two Florida circuit courts in Miami-Dade and Broward counties are requiring attorneys and self-represented litigants to disclose when they use generative text tools to prepare their court filings and to certify they checked the generated content for accuracy.

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2nd Circ. Pick Questioned At Hearing On Role As Trump Lawyer

By Courtney Bublé

Matthew Schwartz, a nominee for the Second Circuit, was questioned by Democratic senators Wednesday about whether his current job as the president's personal attorney while his nomination process is underway poses a conflict of interest.

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Atty Withdrawals Not Limited To Fee Conflicts, ABA Says

By Emily Sawicki

Lawyers whose clients fail to hold up their end of valid engagement agreements are clear to cease their representation, so long as certain criteria are met, according to the American Bar Association's ethics committee's latest guidance, published Wednesday.

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Comey Wants Arraignment Pushed For Dismissal Bid

By Phillip Bantz

Former FBI Director James Comey asked a North Carolina federal court Wednesday to postpone his arraignment on charges alleging he threatened President Donald Trump, telling a judge that he is preparing to seek to have the case thrown out on constitutional grounds.

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Mich. Supreme Court Mulls Remote Court Access Rules

By Susan Smiley

The Michigan Supreme Court held administrative hearings on Wednesday concerning several proposed amendments to Michigan court rules, including adding more specific guidelines for remote hearings, making language services free for civil cases, and allowing law students and recent law graduates to appear on behalf of indigent people in all Michigan courts.

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Hagens Berman Says Apple Smear Job Can't Stop Withdrawal

By Bonnie Eslinger

Hagens Berman Sobol Shapiro LLP urged a California federal judge to allow one of its named plaintiffs to withdraw from an Apple iCloud antitrust case, saying Apple Inc.'s filed opposition is rife with "misdirection and ad hominin" attacks and not about the merits of the dispute but "smearing opposing counsel."

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