LexisNexis® Legal Newsroom
    Ex-Hockey Pro's Claims Preempted By ERISA, Insurer Says

    An insurance provider for National Hockey League players and a group of related parties sued by former Dallas Stars player Aaron Rome for allegedly mishandling a disability claim and wrongfully denying him benefits asked a Texas federal court on Friday for dismissal, saying Rome did not exhaust his administrative remedies.

    Insurers, Providers Trade Harsh Words On ACA Steering

    Federal regulators are hearing wildly divergent perspectives on improper steering of patients toward and away from Affordable Care Act plans, as insurers allege kickback-style financial assistance and health care providers allege discriminatory practices aimed at low-income Americans, newly released letters show.

    Ore. Defect Coverage Ruling Closes Loophole For Insurers

    The Oregon Supreme Court refused Thursday to allow an insurance company to second-guess a jury’s finding limiting a policyholder's liability for construction defect damages, a decision experts say closes a loophole for carriers to get a second bite at the apple once the issue of liability has been decided in a case.

    Liberty Mutual Says NYC School Injuries Are Not Covered

    Liberty Mutual Insurance asked a New York federal judge for a summary judgment that it need not defend New York City against five lawsuits alleging injuries that took place at various schools, saying the underlying suits are far outside the bounds of what it insures the city's school construction authority for.

    Insurer Can Recover Fees From Law Firm, 9th Circ. Says

    The Ninth Circuit ruled Friday that a law firm's malpractice insurer can claw back fees for a non-covered defense, finding — immediately after getting clarity from Alaska's Supreme Court on what the state's law says — that federal law preempts that state law.

    Brand Battles: 'Serial' Podcast Fights For Trademark On Name

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, the producers of hit podcast "Serial" tell the board its name isn't generic, the Federal Emergency Management Agency takes aim at name it says was designed to mimic a federal flood insurance program, and two former BigLaw attorneys struggle to register their new firm name as a trademark.

    Jury Finds That Ex-Tech Execs Not Covered By D&O Policy

    Beazley Insurance Co. Inc. isn’t on the hook for settlements executed by a surveillance technology company's ex-directors to resolve litigation alleging the company failed to pay a business partner, a jury has decided.

    Liberty Can't Appeal Asbestos Cap Ruling, Court Finds

    Liberty Mutual cannot appeal a ruling that it could be liable for more than $10 million in asbestos personal injury claims against a policyholder, valve maker Fairbanks, because the time is not right, a New York federal judge said Thursday.

    DOJ 'Fomenting A Breakdown' Of $54B Merger, Anthem Says

    The U.S. Department of Justice is trying to sabotage a $54 billion merger between Anthem and Cigna by publicly airing internal memos that detail strife between the two insurers, according to a new filing from Anthem in D.C. federal court.

    EU Parliament Head Warns UK Delay Could Sour Brexit Deal

    The longer the U.K. waits to trigger formal negotiations on its exit from the European Union, the more difficult it may be for Britain to reach an agreement with splintered European interests, the president of the European Parliament warned Friday.

    Ill. Cos Must Pay Atty Fees On Hurt Workers' Future Med Costs

    Employers in Illinois must pay as attorneys’ fees 25 percent of the value of future medical expenses that injured workers recover from third parties in lawsuits, the state’s Supreme Court ruled on Thursday.

    BREAKING: Penn State Reaches Accord With Insurer Over Sandusky Claims

    Pennsylvania State University has settled its long-running legal fight with an insurer over claims stemming from the Jerry Sandusky sex abuse scandal, according to docket entries in Pennsylvania state court from Thursday and Friday.

    Rothstein Feeder Fund Agrees To $1M Hutchison & Steffen Deal

    The liquidating trustee for an investment fund that fed into jailed attorney Scott Rothstein's $1.2 billion Ponzi scheme on Thursday asked a Florida bankruptcy court to approve a $1.3 million settlement with Hutchison & Steffen LLC and its liability insurer, releasing the Las Vegas firm from a malpractice suit.

    BREAKING: Trump Adds 10 More Potential High Court Nominees

    Donald Trump’s campaign plans to release on Friday 10 more names of contenders for a Supreme Court nomination, should he become the next U.S. president, several media outlets have reported.

    Outside Evidence Allowed In Insurance Battle, 7th Circ. Says

    The Seventh Circuit on Thursday axed a ruling that Landmark American Insurance Co. must defend an insurance broker in a pair of suits over an alleged scheme to fraudulently induce credit unions to issue loans, finding the insurer can introduce evidence outside of the underlying complaints to dispute the broker's status as an insured.

    Alabama Judge Pares Down Sewage Injury Coverage Battle

    An Alabama federal judge on Thursday denied Evanston Insurance Co.’s bid for quick judgment on its claim that no coverage was owed a construction company facing underlying suits over property damage stemming from sewage, findingthat a pollution exclusion did not apply.

    Fla. Justices Spurn Pruco Life's Efforts To Void Policies

    The Florida Supreme Court on Thursday sank Pruco Life Insurance Co.'s bid to void policies acquired through alleged fraudulent schemes devised by people not connected to the insureds, refusing to create an exception to the state's two-year deadline for challenges to the validity of insurance policies.

    Carolinas HealthCare Scoffs At DOJ Antitrust Suit

    Carolinas HealthCare System on Wednesday derided a novel antitrust suit from the U.S. Department of Justice, saying the government hasn’t shown how competition suffered when the hospital chain prevented major health insurers from steering patients to rival hospitals.

    How Appraisal Protects Against Texas Insurance Code Abuse

    In recent months, multiple Texas courts have ruled that prompt appraisal award payments essentially end an insurer's exposure for breach of contract and extracontractual claims. By properly invoking appraisal provisions, insurers can avoid concerns about boilerplate statutory bad faith allegations, says Shannon O'Malley of Zelle LLP.

    FDIC Wants Bond Payout After $210M Taylor Bean Misdirect

    The Federal Deposit Insurance Corporation sued Continental Casualty Co. on Thursday in an effort to collect on a $1.5 million bond issued to Platinum Community Bank after the bank misdirected $210 million worth of Freddie Mac funds, more fallout from the massive Taylor Bean & Whitaker mortgage fraud.

    Ore. Justices Reject Insurer's Challenge To Defect Coverage

    The Oregon Supreme Court upheld a lower court ruling putting American Family Mutual Insurance Co. on the hook for an award against a siding contractor blamed for water damage to a housing complex, holding Thursday that the insurer cannot relitigate the extent of its policyholder's liability.

    UK Admissions To Irish Bar Skyrocket After Brexit Vote

    The number of English and Welsh lawyers joining the Irish bar in 2016 has skyrocketed to nearly 460 now that the U.K. voted to leave the European Union and jeopardized British attorneys' right to practice before European institutions, Ireland's law society told Law360 on Thursday.

    Insurer Says It Needn't Cover $8M Moldy Duct Replacement

    Allied World Assurance Co. (U.S.) Inc. contended Wednesday in a Colorado federal court suit that it isn’t required to indemnify a contractor for the roughly $7.9 million cost of removing and replacing moldy ductwork at the U.S. Strategic Command facility in Bellevue, Nebraska.

    Practical Uses For Machine Learning In Health Care Cases

    Machine learning can efficiently turn enormous volumes of both structured and unstructured data into something meaningful, without losing underlying details. Consultants with Analysis Group Inc. elaborate on how machine learning can be applied in the courtroom in terms of informing legal strategy, identifying relevant materials for experts, and enhancing expert testimony in health care litigation.

    Merion Tells Chancery Fidelity Underpaid $1.2B For LPS

    Merion Capital Group told the Delaware Chancery Court on Wednesday that shares of Lender Processing Services Inc. were really worth $50.46 apiece when Fidelity National Financial Inc. bought back its former spinoff roughly three years ago for $2.9 billion, arguing the deal undervalued the company by $1.2 billion.