LexisNexis® Legal Newsroom
Kentucky Derby Special: Top 5 Racehorse Jury Verdicts

On this Saturday, the 140 th Kentucky Derby will be run at Churchill Downs, the historic racetrack located in Louisville, Ky. Traditionally run on the first Saturday in May and arguably the most famous race in the world, an estimated 100,000 spectators will come watch a field of three-year-old horses...

Another Item For Your Checklist: The Bad Faith Concerns Related To Overreaching Proposed Releases

By David A. Mercer A common scenario: claimant's counsel issues a time limit demand for policy limits and the insurer decides to accept the demand and tender the limits. Once the decision is made to accept the demand, the insurer should go through its checklist of concerns to make sure that each...

April Jury Verdict Round-Up: Top 5 Personal Injury Verdicts

During April, the attorney editors on the LexisNexis Jury Verdict team covered several notable personal injury verdicts from across the country. This informal list of top five cases captured our attention this past month, so we thought you might like to hear about them. If you are interested in submitting...

May Jury Verdict Round-Up: Top 5 Personal Injury Verdicts

During May, the attorney editors on the LexisNexis Jury Verdict team covered several notable personal injury verdicts from across the country. This informal list of top five cases captured our attention this past month, so we thought you might like to hear about them. If you are interested in submitting...

Missouri: Court Compels Commission To Approve Settlement

A surviving widow negotiated with the employer to obtain a lump sum settlement but the Commission refused to approve the settlement and asserted that the agreement was not in accordance with her rights because it was less than the present value of the claim. Hinkle v A.B. Dick , WD 76952, 2014 Mo. App...

Mid-Year Jury Verdict Round-Up: Top 5 Medical Malpractice Verdicts

During the first part of 2014, the attorney editors on the LexisNexis Jury Verdict team covered several notable medical malpractice verdicts from across the country. This informal list of top five cases captured our attention, so we thought you might like to hear about them. Our list includes three rather...

Halliburton Decision May Drive Up Litigation Costs and Impact Settlement

The U.S. Supreme Court’s recent decision in Halliburton Co. v. Erica P. John Fund, Inc. , [ enhanced version available to lexis.com subscribers ], is not the game changer for securities litigation that some hoped for, but D&O insurers will be keeping a close eye on securities cases to see whether...

Mid-Year Jury Verdict Round-Up: Top 5 Civil Rights Cases

During the first part of 2014, the attorney editors on the LexisNexis Jury Verdict team covered several notable civil rights settlements and verdicts from across the country. This informal list of top five cases captured our attention, so we thought you might like to hear about them. They include three...

California Fair Claims And SIU Regulations Require Annual Training

You Must Comply With California Regulations by September 1 Fair Claims Settlement Practices Regulations All insurers doing business in California must comply with the requirements of California Fair Claims Settlement Practices Regulations (the “Regulations”) or face the ire of, and...

Below-Limits Settlements Do Not Result In The Loss Of Excess Coverage - Zeig Remains Guiding Precedent, Even Post-Ali

By Adam G. Unikowsky, Attorney, Jenner & Block LLP Excess insurance policies typically include provisions stating that the policyholder cannot pursue coverage from the excess insurer until the policyholder has received payment from the underlying insurers. One of the most frequently-litigated...

July Jury Verdict Round-Up: Top 5 Personal Injury Verdicts

During July, the attorney editors on the LexisNexis Jury Verdict team covered several notable personal injury verdicts from across the country. This informal list of top five cases captured our attention this past month, so we thought you might like to hear about them. If you are interested in submitting...

Final Adjudication of Regulatory Enforcement Actions and Its Effect on D&O Insurance Coverage: Recent Developments

By Gregory J. May, Partner, Nelson Mullins Riley & Scarborough LLP In the wake of the 2008 crash, federal regulators, including the Securities and Exchange Commission ("SEC") and the Federal Deposit Insurance Corporation ("FDIC"), have markedly increased their investigation...

Supreme Court Awards The Kitchen Sink For Insurer’s Breach Of The Duty To Defend

If an insurer is determined to have breached the duty to defend, consequences will attach. It may be that the insurer must pay for the defense costs that it otherwise owed. Or the consequences may be much harsher – the insurer may lose the right to assert otherwise applicable defenses to indemnity...

Settlement Must Be In Writing and Meeting of Minds Required to Enforce Settlement

Litigants understand that the best resolution of a lawsuit is a settlement. Most are entered into with the assistance of mediators and multiple contacts with counsel. Sometimes one party thinks there is a settlement and the other does not agree. In just such a situation, Akers v. Minnesota Life Ins....

August Jury Verdict Round-Up: Top 5 Verdicts And Settlements

During August, the attorney editors on the LexisNexis Jury Verdict team covered several notable personal injury verdicts and settlements from across the country. This informal list of top five cases captured our attention this past month, so we thought you might like to hear about them. If you are interested...

Court Declares Excess Policy Triggered Based On Insured’s Own Funding To Establish Exhaustion Of Primary

I rarely address primary--excess exhaustion cases in CO . They are often too policy language specific to offer any takeaways of substance. But I address Plantation Pipe Line Company v. Highlands Ins. Co., No. 12-29 (Tex. Ct. App. Aug. 29, 2014) here, [ enhanced version available to lexis.com subscribers...

September Jury Verdict Round-Up: Top 5 Verdicts And Settlements

During September, the attorney editors on the LexisNexis Jury Verdict team covered several notable personal injury verdicts and settlements from across the country. This informal list of top five cases captured our attention this past month, so we thought you might like to hear about them. If you are...

October 2014 Jury Verdict Round-Up: Top 5 Verdicts And Settlements

During October, the attorney editors on the LexisNexis Jury Verdict team covered several notable personal injury verdicts and settlements from across the country. This informal list of top five cases captured our attention this past month, so we thought you might like to hear about them. If you are interested...

Jesse Ventura v. The “American Sniper”: A Real-Life Story About Navy SEALS, An Alleged Bar Fight, And A Million Dollar Defamation Lawsuit

American Sniper , a film directed by Clint Eastwood and starring Bradley Cooper, recently splashed across the American media landscape. The film tells the story of Chris Kyle, a former Navy SEAL who served in the Iraq War and achieved a record number of confirmed sniper kills. When his military service...

More On The Duty To Defend -- And When It Might Never End

Whether an insurer’s duty to defend attaches arises in every liability claim. In the November 5, 2014 issue of Coverage Opinions I addressed the less-frequent issue -- when an insurer’s duty to defend un-attaches. The rule in the great majority of states is that the duty to defend ends...

Defendant Entitled to Credit for Full Amount of Long-Term Disability Benefits: Cal. Comp. Cases February Advanced Postings (2/5/2015)

Here’s the second batch of advanced postings for February 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries . © Copyright 2015 LexisNexis. All rights reserved. Jessie Lee Sherrod, Petitioner v...

Seventh Circuit Chides Plaintiffs’ Lawyers for Selling Out Class Members, Shedding “Crocodile Tears” in Class Action Settlement

In most settlement negotiations, it is taken for granted that the parties’ self-interest will lead them to advocate aggressively for their positions and against their opponents. After all, every dollar that the plaintiff obtains is one more dollar that the defendant must give up. But in settlement...

The Right and Duty to Settle Third-Party Liability Claims: A 50-State Survey

By Scott G. Ball, Linda M. Dedman, and Pamela Dunlop Gates The Right and Duty to Settle Third-Party Liability Claims: A 50-State Survey This commentary offers a multi-state survey of an insurer’s duty to settle third-party claims. Insurers and the practitioners who represent them must understand...

Are Settlement Attempts Still Required for EEOC Charges?

by Faith Alejandro Should attempts to settle discrimination lawsuits with the EEOC be made in good faith? Employers in Illinois, Wisconsin, and Indiana think so and hope the Supreme Court of the United States will agree. Last month, the Supreme Court heard oral argument in an appeal from a case...

Court Allows Insurer to Settle and Then Seek Recovery of Uncovered Damages

It is one of the toughest issues of them all for insurers. The insurer is defending its insured under a reservation of rights. There are strong coverage defenses. The underlying case is getting close to trial. There is a demand to settle within limits. It is a settlement that should be accepted based...