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June 13, 2025
Pa. Home Care Agency Owner Gets Prison, $235K Restitution
The New York-based owner of a Berks County, Pennsylvania, home care agency has been sentenced to spend a month in jail and repay $235,778 in fraudulently billed Medicaid claims, the Pennsylvania Attorney General's Office announced Friday.
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June 13, 2025
PE Firm Caused Policyholder To Overpay, R&W Insurer Says
A representations and warranties insurer accused a private equity firm in Delaware Chancery Court of causing its policyholder to pay too much in its $140 million acquisition of a construction equipment manufacturer, arguing the firm must reimburse the insurer for its $12 million coverage payment.
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June 13, 2025
Repair Co. Must Still Fight Air Charter Co.'s 'Hot Start' Suit
A Kansas federal judge on Friday refused to hand a full win to a repair company in a suit by a charter flight company alleging one of its planes was damaged by a faulty part causing a "hot start," after a magistrate judge declined to exclude the charter company's expert.
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June 13, 2025
3rd Circ. Won't Rehear Bid To Toss Boy Scouts' Ch. 11 Plan
The Third Circuit declined to hold a panel or full court rehearing of its May decision to uphold the Boy Scouts of America's Chapter 11 bankruptcy plan in a pair of Friday orders rejecting petitions by two sets of abuse survivors, with the orders implying some judges on the court had supported taking another look.
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June 13, 2025
Akerman Seeks To Move Malpractice Suits From Medical Cos.
Akerman LLP has asked to have two malpractice cases from medical laboratories moved from Palm Beach County to Miami-Dade County, where the firm's related unpaid fees case against Rennova Health Inc. is being litigated.
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June 13, 2025
Midyear Report: 5 ERISA Decisions Attys Should Know
The U.S. Supreme Court revived retirement plan mismanagement allegations against Cornell University, the Sixth Circuit restarted a yacht company's suit against its health benefits administrator and American Airlines took a hit for emphasizing socially conscious investing in its 401(k) plan decisions. Here are five important decisions that came down in Employee Retirement Income Security Act cases during the first half of this year.
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June 13, 2025
Co. Must Pay Travelers $4.5M For Construction Bond Default
A signage company accused of failing to perform agreed upon work at a New York redevelopment project must reimburse Travelers over $4.5 million for settling a contractor's claims made against a performance bond, a Pennsylvania federal court ruled.
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June 13, 2025
Taxation With Representation: Debevoise, Latham, Paul Weiss
In this week's Taxation With Representation, Brown & Brown Inc. buys Accession Risk Management Group Inc., Allison Transmission Holdings Inc. acquires Dana Inc.'s off-highway unit, Qualcomm Inc. buys Alphawave IP, and Warner Bros. Discovery announced it will split into two publicly traded companies.
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June 13, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Tottenham Hotspur FC kick off at Manchester United co-owner Ineos Automotive following a soured sponsorship deal, Acer and Nokia clash over patents for video coding technology, and two investors reignite litigation against the founders of an AI exercise bike business that unlawfully pocketed $1.2 million in investments to fund their own lifestyles. Here, Law360 looks at these and other new claims in the U.K.
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June 12, 2025
Calif. Insurance Chief Probes State Farm's Wildfire Coverage
California Insurance Commissioner Ricardo Lara announced Thursday that he is launching an investigation into State Farm's handling of thousands of claims from the devastating Los Angeles-area wildfires, as complaints continue to grow.
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June 12, 2025
Publisher Slams Lindberg's 'Inappropriate' Use Of Affidavit
A publisher seeking to collect on a $1.24 million judgment from a Florida holding company linked to convicted insurance fraudster Greg Lindberg pushed back Wednesday at Lindberg's bid to avoid the payout, telling a North Carolina appeals court that it's "inappropriate" of him to use a 2-year-old filing in a separate case to back his argument.
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June 12, 2025
Holmes Seeks 2 Year Cut, Commits To Criminal Justice Work
Elizabeth Holmes has asked a California federal judge to knock two years off her 11-year prison sentence, arguing she's eligible for the adjustment under sentencing guidelines and has spent her time behind bars tutoring and advocating for her fellow prisoners.
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June 12, 2025
Ohio Law Bars Cities' Negligence Claims Against Hyundai, Kia
A California federal court sided with Hyundai and Kia by finding that an Ohio products liability law bars negligence claims from five Ohio cities in sprawling multidistrict litigation alleging the automakers knowingly sold vehicles with design flaws that resulted in a car theft crime spree.
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June 12, 2025
Insurer Says Hair Relaxer Maker Not Covered In Cancer Suits
An insurer told a Georgia federal court that it had no duty to defend a hair relaxer and beauty products manufacturer in underlying litigation filed by people who alleged that chemicals in hair relaxer products the company produced caused them to develop cancer and suffer bodily injuries.
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June 12, 2025
Charter Flight Co. Sanctioned In 'Hot Start' Damage Suit
A Kansas federal judge sanctioned charter flight company Sky Jet M.G. Inc. on Thursday in its suit alleging an aviation repair company improperly overhauled an engine component leading to a "hot start," finding Sky Jet deliberately tried to prevent the repair company from finding out about cockpit recordings of the incident.
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June 12, 2025
3rd Circ. Will Reconsider Shipbuilder's Ch. 11 Reopening Bid
The Third Circuit said Thursday that it will reconsider whether to reopen Congoleum Corp.'s 2003 Chapter 11 bankruptcy so the bankruptcy court, not a district court, can say whether Congoleum affiliate Bath Iron Works should share liability for cleaning up a polluted New Jersey river.
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June 12, 2025
Insurer Says $30M Counterclaims Against Builder Not Covered
An insurer says it owes no coverage for nearly $30 million in counterclaims against a construction company that allegedly violated its contract for a Texas project, telling a Tennessee federal court that the counterclaims either didn't involve covered bodily injury or property damage or were otherwise excluded.
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June 12, 2025
Calif. Casinos Seek Coverage For Tribes' Gambling Suits
California casino operators said they are entitled to defense coverage for suits brought by several tribes over their gambling operations, telling a federal court that their insurer has denied coverage based on policy exclusions that do not apply and has failed to conduct a proper investigation of their claims.
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June 12, 2025
TATA AIG Leads Insurance Cover For Air India Crash
TATA AIG General Insurance Co. Ltd. is the lead insurer for hull and liability on the Air India flight that crashed just after take off in Ahmedabad, India on Thursday, according to two sources with direct knowledge of the situation.
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June 11, 2025
Chubb Unit Underpaid Hydroelectric Plant Losses, Suit Says
A Chubb unit underpaid a renewable energy plant operator for losses sustained after several water flow barriers malfunctioned, the assignee of the operator told a New York federal court, saying the insurer paid less than half of the $5.6 million it owed.
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June 11, 2025
Assembly Line Co.'s Dispute Predated Policy, 6th Circ. Affirms
The Sixth Circuit affirmed a lower court's decision denying an assembly line technology designer's bid for insurance coverage of an underlying multimillion-dollar dispute with a customer, finding coverage was excluded because the conflict originated before the professional liability policy was purchased.
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June 11, 2025
Insurer Says Day Care's $1M Child Injury Verdict Not Covered
A day care's insurer told an Alabama federal court it has no duty to cover a $1 million judgment against the center after a jury found it liable for leaving a woman's child in a van during a field trip, citing an exclusion for bodily injury arising from "any auto."
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June 11, 2025
Mandarin Can Get Reserves, Reinsurance Info In COVID Row
"All risks" property insurers for Mandarin Oriental Inc. must turn over documents related to their reinsurance and reserves to the luxury hotel chain, which claims it incurred over $223 million in business interruption losses from the COVID-19 pandemic, a New York federal court ruled.
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June 11, 2025
Uber Says Fla. Firm, Drivers Staged Wrecks For Profit
Uber told a Florida federal court Wednesday that at least five of its drivers faked accidents and colluded with healthcare providers and a Florida law firm to file sham litigation against the ride-hailing platform and its insurer, costing millions of dollars in legal defense and settlements.
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June 11, 2025
McCarter & English Brings Back Insurance Ace In NJ
McCarter & English LLP announced Wednesday that it has welcomed back an insurance attorney who previously worked at the New Jersey-headquartered firm for nearly 15 years before leaving for a stint at Barnes & Thornburg LLP.
Expert Analysis
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Indemnity Lessons From Mass. Construction Defect Ruling
The Massachusetts high court's decision in Trustees of Boston University v. CHA, holding that a bespoke contractual indemnity provision means that a construction defect claim is not subject to Massachusetts' statute of repose, should spur design and construction professionals to negotiate limited provisions, says Christopher Sweeney at Conn Kavanaugh.
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.
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Cos. Considering DExit Should Assess D&O Insurance Effects
As companies consider incorporating in less-regulated states than Delaware, they shouldn't neglect to balance the long-term insurance implications against the short-term benefits of lower taxes and a more permissive legal regime, say attorneys at Pillsbury.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.
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Statistics Tools Chart A Path For AI Use In Expert Testimony
To avoid the fate of numerous expert witnesses whose testimony was recently deemed inadmissible by courts, experts relying on artificial intelligence and machine learning should learn from statistical tools’ road to judicial acceptance, say directors at Secretariat.
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Ore. High Court Ruling Widens Construction Defect Coverage
A recent Oregon Supreme Court decision, Twigg v. Admiral Insurance, dispels the myth that a contractor's liability for defective work is uninsurable if pursued as a breach of contract, say attorneys at Stoel Rives.
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Series
Law School's Missed Lessons: Appreciating Civil Procedure
If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.
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Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use
The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.
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In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable
The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.
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How Attorneys Can Become Change Agents For Racial Equity
As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.
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Series
Running Marathons Makes Me A Better Lawyer
After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.
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Series
Law School's Missed Lessons: Supporting A Trial Team
While students often practice as lead trial attorneys in law school, such an opportunity likely won’t arise until a few years into practice, so junior associates should focus on honing skills that are essential to supporting a trial team, including organization, adaptability and humility, says Lucy Zelina at Tucker Ellis.
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7 D&O Coverage Areas To Assess As DOJ Targets DEI
Companies that receive federal funds or have the remnants of a diversity, equity and inclusion program should review their directors and officers liability insurance policies ahead of a major shift in how the U.S. Department of Justice enforces the False Claims Act, says Bill Wagner at Taft.
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Series
Adapting To Private Practice: From US Attorney To BigLaw
When I transitioned to private practice after government service — most recently as the U.S. attorney for the Eastern District of Virginia — I learned there are more similarities between the two jobs than many realize, with both disciplines requiring resourcefulness, zealous advocacy and foresight, says Zach Terwilliger at V&E.
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Measuring The Impact Of Attorney Gender On Trial Outcomes
Preliminary findings from our recent study on how attorney gender might affect case outcomes support the conclusion that there is little in the way of a clear, universal bias against attorneys of a given gender, say Jill Leibold, Olivia Goodman and Alexa Hiley at IMS Legal Strategies.