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Insurance
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February 21, 2025
Mich. Car Insurance Caps Aren't Retroactive, Judge Rules
Healthcare cost controls enacted as part of a 2019 overhaul of Michigan's auto insurance laws cannot be applied to crash victims injured before the passage of the reforms, a state judge determined on Friday, ruling against the state's insurance regulator.
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February 21, 2025
Manufacturer Not Covered For Pot Grower Claims, Court Told
Cincinnati Insurance Co. said it has no duty to defend or indemnify a manufacturer accused of misrepresenting the capabilities of its indoor marijuana growing systems, telling a Michigan federal court Friday that underlying claims brought by a cannabis company do not trigger coverage.
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February 21, 2025
Officers Say NJ Attorney General Can't Avoid Retaliation Suit
A New Jersey state judge should reject a bid from the state Attorney General's Office to reconsider the denial of its bid to escape a lawsuit accusing the Warren County Prosecutor's Office of retaliating against two officers for their part in uncovering an alleged fraud scheme, the officers told the court this week.
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February 21, 2025
Ga. Senate Passes Measure To Rein In 'Excessive Litigation'
The Georgia state Senate on Friday passed a bill intended to cut down on "excessive litigation" and its accompanying costs by imposing new limits on negligent security claims.
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February 21, 2025
NJ High Court Takes Up Pharma Co. Fraud Coverage Row
The New Jersey Supreme Court will review an appeals court's ruling against indemnification in a case of first impression on the applicability of an exclusion barring directors and officers coverage for wrongful acts "in any way involving" an insured's work for an uninsured entity, the high court announced.
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February 21, 2025
Morgan Lewis Adds Partner To Insurance Recovery Practice
Morgan Lewis & Bockius LLP announced that it has added a new partner and insurance expert in its Chicago office, in a move to bolster the firm's insurance recovery and dispute resolution capabilities for corporate policyholder clients.
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February 21, 2025
Taxation With Representation: Kirkland, V&E, Cravath, Dechert
In this week's Taxation With Representation, Diamondback Energy buys Midland Basin assets from another oil and natural gas company, GTCR closes its second strategic growth fund, Light & Wonder Inc. buys Grover Gaming's assets, and Barings acquires Artemis Real Estate Partners.
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February 20, 2025
Insurer Can't Quickly Exit Broker Premium Theft Row
A Louisiana federal court rejected most arguments made by an insurer seeking to avoid professional liability coverage of a broker whose former employee stole policy premiums and failed to secure insurance for clients, leaving the company to cover around $1 million in Hurricane Laura damage.
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February 20, 2025
Another Ex-Allianz Exec Gets No Time For $7B Investor Fraud
A former managing director for Allianz SE's U.S. unit on Thursday avoided a term of imprisonment for his role in a ploy to con investors about the riskiness of a group of private funds that lost over $7 billion when the COVID-19 pandemic hit.
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February 20, 2025
9th Circ. OKs Bar On Ponzi Scam Suits Against Chicago Title
The Ninth Circuit on Thursday upheld a ruling barring further litigation against Chicago Title and law firm Nossaman LLP over claims they aided convicted businesswoman Gina Champion-Cain's nearly $400 million liquor-licensing loan Ponzi scheme, finding the litigation bar is necessary to protect the ongoing U.S. Securities & Exchange Commission-appointed receivership.
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February 20, 2025
Del. Judge Nixes Two Insurers In Cheer Abuse Coverage Row
A Delaware state court dismissed two insurers in a coverage dispute over underlying sexual abuse claims against a clothing retailer that also sponsors and organizes national cheerleading competitions, finding while the state's "long-arm statute" supports exercising jurisdiction over the insurers, doing so would violate their due process rights.
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February 20, 2025
9th Circ Asks Calif. High Court To Rule On Insurance Lapse
A Ninth Circuit panel asked the California Supreme Court on Thursday to clarify whether state laws regarding the steps insurance companies must take before canceling a policy for premium non-payment apply to policies issued out-of-state but later maintained in California, in a case over a widow's $2 million claim against a MetLife unit.
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February 20, 2025
Excess Insurer Needn't Cover Ga. Shooting Suit, Judge Rules
An excess insurer has no duty to defend or indemnify a property owner and manager in a suit over a fatal shooting at an apartment complex, a Georgia federal court ruled, finding that the insureds did not provide timely notice of the incident or lawsuit.
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February 20, 2025
Texas Judge Threatens Charges Over 'Dead' Expert's Signature
A Texas federal judge is threatening a prominent Houston attorney and elected official with criminal charges for filing a document allegedly signed by an expert witness who had been dead for nearly a year.
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February 20, 2025
Competition Group Of The Year: Cravath
Cravath Swaine & Moore LLP scored a trailblazing antitrust verdict for Epic Games when a California federal jury decided Google's Play Store illegally dominated the Android app market, making Cravath one of the 2024 Law360 Competition Groups of the Year.
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February 20, 2025
Liberty Owes Travelers $2.1M For Hotel Defect Defense Costs
A Liberty Mutual unit owes Travelers over $2.1 million for costs it incurred defending a construction company in a 2011 lawsuit over defects at San Diego's Hard Rock Hotel, a California federal court ruled, saying Travelers never had a duty to defend the company.
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February 20, 2025
Zurich Expects To Cough Up $200M For LA Wildfire Claims
Insurance giant Zurich said Thursday it expects to take a $200 million hit from the fires that swept Los Angeles in January, in which approximately 30 people were killed and more than 18,000 structures were destroyed or damaged.
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February 19, 2025
MDL Plaintiffs Misread Blackout Protocols, Texas Justices Told
Transmission and distribution utility providers told Texas justices Wednesday that the thousands of plaintiffs in the multidistrict litigation stemming from a crippling winter storm in 2021 "misunderstand" how load-shedding protocols work as it pushed the court to free it of the final two claims in the MDL.
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February 19, 2025
Fla. Court Won't Revive Property Manager's COVID Claims
A Florida state appeals court on Wednesday said a lower court correctly ruled that a Miami property management company's insurance policy did not cover losses caused by COVID-19 closures because government shutdown orders were not specific to the business.
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February 19, 2025
Insurers Must Cover Soybean Loss, NY Appeals Court Affirms
A commodities trading company is entitled to coverage for the loss of over 500,000 bushels of soybeans resulting from a Mississippi-based warehouse's entrance into bankruptcy, a New York state appeals court affirmed.
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February 19, 2025
No Coverage For Seller In NY Ghost Gun Suits, Insurer Says
The insurer for a company suspected of selling components used to make illegal "ghost guns" told a New York federal court that it owed no coverage for three underlying government suits alleging that the company contributed to the sale of weapons that are harder for law enforcement to trace.
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February 19, 2025
Insurer Must Cover Trucking Co. In Fatal Fire Row, Judge Says
A trucking company's insurer cannot rely on a hydrofracking exclusion to avoid covering an underlying suit over a fire at a saltwater disposal facility that killed one of the company's employees, a Texas federal court ruled, rejecting the insurer's request for a new trial.
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February 18, 2025
1st Circ. Backs Strict View Of Kickback Law In Blow To FCA
In an eagerly awaited ruling, the First Circuit on Tuesday said a major avenue for False Claims Act enforcement requires proof that kickbacks directly changed treatment decisions, a holding that creates a lopsided circuit split as well as significant challenges for the U.S. Department of Justice and the plaintiffs bar.
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February 18, 2025
Home Insurer Off The Hook In $750K Policy Lapse Dispute
A Washington federal judge has tossed a suit seeking $750,000 in coverage from two Progressive units after a fire severely damaged a home, saying the homeowners had let the coverage expire by not paying premiums, even though the insurer's renewal notice was "not a paragon of clarity."
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February 18, 2025
How Ga. Hopes To Leash Injury Suits And Litigation Funders
The opening weeks of Georgia's legislative session have seen Republican lawmakers make their most forceful push in years to overhaul the state's civil justice system, placing premises liability and third-party litigation funding squarely in their crosshairs.
Expert Analysis
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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Opinion
1 Year After Rule 702 Changes, Courts Have Made Progress
In the year since amendments to the Federal Rules of Evidence went into effect, many federal judges have applied the new expert witness standard correctly, excluding unreliable testimony from their courts — but now state courts need to update their own rules accordingly, says Lee Mickus at Evans Fears.
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Opinion
Tax Court Should Update Framework For Defining Insurance
The U.S. Tax Court's unnecessary determination in Royalty Management Insurance v. Commissioner that a fraudulent transaction did not contain the hallmarks of a legitimate insurance transaction applies an outdated analysis that threatens the captive insurance sector and illustrates the need for a more modern framework to define true insurance, says Matthew Queen at the Queen Firm.
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An Underutilized Tool To Dismiss Meritless Claims In Texas
In Texas, special appearances provide a useful but often overlooked tool for out-of-state defendants to escape meritless claims early in litigation, thus limiting discovery and creating a pathway for immediate appellate review, say attorneys at Winston & Strawn.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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How Texas Bill Would Transform Noneconomic Damages
Large noneconomic damage awards in personal injury cases have grown exponentially in Texas in recent years, but newly introduced legislation would cap such damages, likely requiring both the plaintiff and defense bars to recalibrate their litigation strategies, say attorneys at Norton Rose.
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4 Holiday Movies Full Of Cheer And Subrogation Scenarios
While holiday movies are known for spreading cheer and inspiring nostalgia, for insurance professionals they may also offer an unlikely, yet fascinating, look at subrogation recovery potential, says Dana Meyers at Cozen O'Connor.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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California's New AV Law May Steer Policy Nationwide
California's new law establishing various requirements for autonomous vehicles is something other states should pay close attention to — especially because the Golden State's policies may become a de facto mandate for manufacturers due to its market size, says Vineet Dubey at Custodio Dubey.
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How Attorneys Can Master The Art Of Eye Contact At Trial
As a growing body of research confirms that eye contact facilitates communication and influences others, attorneys should follow a few pointers to maximize the power of eye contact during voir dire, witness preparation, direct examination and cross-examination, says trial consultant Noelle Nelson.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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How White Collar Defense Attys Can Use Summary Witnesses
Few criminal defense attorneys have successfully utilized summary witnesses in the past, but several recent success stories show that it can be a worthwhile trial tactic to help juries understand the complex decision-making at issue, says Jonathan Porter at Husch Blackwell.