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Insurance
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July 23, 2025
Avon Ch. 11 Plan Needs 'Tweaks,' Judge Says
A Delaware bankruptcy judge told Avon on Wednesday that the wording of its Chapter 11 plan needs some work before he can approve it, finding the company's insurance carriers had raised objections worth addressing.
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July 23, 2025
Lockheed Cleared To Seek 4th Circ. Review In Annuity Fight
A Maryland federal judge cleared Lockheed Martin to immediately appeal his decision declining to dismiss a suit claiming the company shirked federal benefits law by pushing $9 billion in pension funds into risky annuities, ruling the case's standing questions are fit for Fourth Circuit review.
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July 23, 2025
Thompson Hine Adds Venable Product Liability Atty In LA
Thompson Hine LLP is expanding its litigation team, announcing Wednesday it has brought in a Venable LLP product liability expert as a partner in its year-old Los Angeles office.
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July 22, 2025
Phone Co.'s Stockholder Disputes Not Covered, Insurers Say
A former smartphone developer's insurers told a New York federal court they owe no coverage for a suit seeking access to the company's books and records and a stockholder derivative action accusing the CEO of misusing company funds while the board of directors failed to provide oversight.
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July 22, 2025
Liberty Mutual Deems $1.58M Crash Suit 'Factually Flawed'Â
A Connecticut woman's lawsuit alleging Liberty Mutual is on the hook for the $1.58 million she won in a car crash case must be dismissed over numerous pleading deficiencies, the insurer has said in a court filing, arguing that "each of these five causes of action are fundamentally and factually flawed."
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July 22, 2025
NC Judge OKs $318M For Lindberg Victims From Asset Sale
A federal judge in North Carolina on Tuesday signed off on a special master's request to divvy up $318 million from the sale of one of convicted insurance mogul Greg Lindberg's most valuable assets to help pay back the insurance companies he is accused of defrauding.
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July 22, 2025
Lathrop GPM Adds Partner To Chicago Office
Lathrop GPM LLP has added a new Chicago-based partner to its tort, insurance and environmental practice group, the firm announced Monday, saying her practice primarily focuses on defending clients against product liability claims and claims involving exposure to toxic substances and transportation-related injuries.
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July 22, 2025
9th Circ. Rejects Gun Club's Bid For Permitting Cost Coverage
An insurer for a Washington shooting club had no duty to cover roughly $400,000 in costs to secure proper site development permits after county officials won a public nuisance lawsuit against the club, the Ninth Circuit ruled, finding the club can't be covered for its deliberate actions.
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July 22, 2025
Rising Star: Perkins Coie's Bradley Dlatt
Bradley Dlatt of Perkins Coie LLP won a summary judgment ruling that opened the door to $55 million in coverage for a shooting at a Michigan school and helped secure settlements for 3M in PFAS coverage disputes, earning him a spot among the insurance law practitioners under age 40 honored by Law360 as Rising Stars.
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July 22, 2025
Insurer Denied Quick Win In Staffing Co. Injury Coverage Row
A Massachusetts federal court refused to rule that an insurer has no duty to defend or indemnify a staffing agency and its produce distributor client in an underlying worker injury suit, saying a genuine dispute of material fact exists over whether the worker qualifies as an "employee" under the policies.
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July 21, 2025
Insurer Can't Get New Trial After $1.75M Loss, 11th Circ. Says
The Eleventh Circuit on Monday upheld a $1.75 million verdict a Georgia church won against its insurance company in a storm damage coverage dispute, ruling that the insurer largely abandoned its defenses against the judgment before the case ever landed in front of the appellate panel.
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July 21, 2025
Avon, Insurers Spar At Ch. 11 Plan Hearing Over Talc Trust
Avon made its case Monday to a Delaware bankruptcy judge for its Chapter 11 liquidation plan, while insurers that issued policies to the cosmetics company alleged its proposal to pay talc injury claims through a trust funded by insurance coverage was unfair to them.
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July 21, 2025
Baldoni's Insurer Says No Coverage For Lively Suit
An insurer for Justin Baldoni told a New York federal court Monday it owes no coverage to the "It Ends With Us" lead and director, his production company and other officers for co-star Blake Lively's lawsuit accusing Baldoni of sexual harassment, arguing the insureds failed to give proper claim notice.
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July 21, 2025
Captive's Premium Payments Are Income, Tax Court Says
A captive insurance company must recognize $782,000 it received in premium payments as income, the U.S. Tax Court said Monday in clarifying that shareholders in a California company cannot deduct their premium payments to the insurer because the arrangement was not really for insurance.
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July 21, 2025
Oil Equipment Co. Says Agent At Fault For Lack Of Coverage
An oilfield equipment supplier said it is facing potential liability exceeding $1.3 million because of its insurance agent's negligence, telling a Texas state court the agent failed to timely notify the company's cyber insurer after a hacking incident.
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July 21, 2025
Insurance Cos. Say They Already Paid For Warehouse Damage
Two insurance companies asked a Texas federal court to issue judgment as a matter of law in a lawsuit brought by a warehouse owner over roof damages, saying Monday not all the damages to the warehouse's roof were covered under the policy.
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July 21, 2025
Erie Insurance Blames BMW For $2M Mini Cooper Fire Loss
An insurer for a Pittsburgh car dealership and car owner told a Pennsylvania state court that BMW's North American division owes nearly $2 million in coverage reimbursement for a Mini Cooper vehicle fire because of a faulty battery housing or related components.
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July 21, 2025
Rising Star: Wiley Rein's Ashley L. Criss
Ashley Criss of Wiley Rein LLP successfully argued to the Sixth Circuit that an insurer owed no coverage for a government investigation, and further represented an excess insurer in the Boy Scouts of America's bankruptcy, earning her a spot among insurance law attorneys under age 40 honored by Law360 as Rising Stars.
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July 21, 2025
Travelers Unit, NC Door Maker Settle Excess Insurance Fight
A Travelers unit has resolved a North Carolina door manufacturer's lawsuit seeking $10 million in excess coverage from the insurer to help cover a $39.5 million securities class action settlement, court records show.
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July 21, 2025
Hartford Unit Must Cover Drug Test Co. In False Results Suit
A Hartford unit must cover a drug testing company in a suit over false positive tests, a Virginia federal court ruled, finding that the suit was not related to a prior proposed class action filed during another insurer's coverage period.
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July 18, 2025
Law360 Names 2025's Top Attorneys Under 40
Law360 is pleased to announce the Rising Stars of 2025, our list of more than 150 attorneys under 40 whose legal accomplishments belie their age.
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July 18, 2025
4th Circ. Remands Insurance Award Feud Over FAA Confusion
In a published decision that refers to the Federal Arbitration Act as "not a triumph of legislative draftsmanship," the Fourth Circuit on Friday overturned the enforcement of an arbitral award favoring health insurance service providers that is being challenged over an arbitrator's alleged conflict of interest.
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July 18, 2025
Texas Court Tosses Cities' Challenge To 'Death Star' Bill
A state appeals court tossed three Texas cities' challenge to a bill nicknamed the "Death Star," writing that they hadn't properly shown they'd be injured by the bill's mandate that state law preempt local ordinances.
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July 18, 2025
Insurer Improperly Took $7M From Letter Of Credit, Court Told
A unit of a Qatar-based insurance company accused a U.S.-based insurer in North Carolina federal court of improperly drawing down roughly $7 million from a letter of credit that was part of one set of reinsurance transactions to pay for its obligations under another completely separate reinsurance transaction.
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July 18, 2025
Assurant Says Ex-Salesmen Plotted 'Bloodbath' Of Clients
Three current and former employees of auto warranty underwriter Assurant have been accused of hatching a plan to steal its confidential documents and poach its clients, with the company alleging that the workers planned to bring about a "bloodbath" of Assurant's business.
Expert Analysis
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Strategizing For Renewable Energy Project Success In Texas
The Electric Reliability Council of Texas has long been a key market for renewable energy projects, but rising financial and regulatory uncertainty means that developers and investors must prepare for inflation and policy risks, secure robust insurance coverage, and leverage tax equity transferability to ensure success, say attorneys at McDermott.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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Home Depot Ruling Tolls Death Knell For 'Silent Cyber'
The Sixth Circuit's recent ruling that Home Depot's insurers did not have to cover costs from a data breach hammered one more nail in the coffin of silent cyber, where coverage is sought under standard property or commercial general liability policies that were not intended to insure cyberattack claims, say attorneys at Zelle.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Texas Case Shows Why Juries Are Well-Suited To COVID Suits
The original jury verdict in Baylor College of Medicine v. Lloyd's, currently on appeal to the Texas Supreme Court after being overturned by an appellate panel, illustrates why COVID-19 business interruption claims with their case-specific facts need to be decided by juries, not by judges using a one-size-fits-all approach, says Jeremy Lawrence at Farella Braun.
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Filial Consortium Claims' Future After Conn. High Court Ruling
While the Connecticut Supreme Court recently ruled for defendants in rejecting parents’ attempt to recover loss of companionship damages in a severe child injury case, there is still potential for the plaintiffs bar to lobby for a law that would allow filial consortium claims, Glenn Coffin at Gordon Rees.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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In-House Expert Testimony Is Tricky, But Worth Considering
Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.
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Tracking Changes To AI Evidence Under Federal Rules
As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.
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Reconciling 2 Smoke Coverage Cases From California
As highlighted by a California Department of Insurance bulletin clarifying the effect of two recent decisions on insurance coverage, the February state appellate ruling denying coverage for property damage from smoke, ash and soot should be viewed as an outlier, say attorneys at Reed Smith.