LexisNexis® Legal Newsroom
    Feds Urge Against Rule Injunction In Dialysis Program Suit

    The U.S. Department of Justice told a federal judge in Texas on Wednesday not to grant a request from dialysis companies to stop a Health and Human Services rule change affecting patient insurance coverage, because it is a “limited and modest but urgently needed” step to protect patients

    E-Retailer Settles Coverage Fight Over Google Ad TM Claims

    Sentry Insurance and an e-commerce company have settled a coverage suit related to underlying trademark dilution allegations over Google ad keywords brought by online fruit-basket seller Edible Arrangements, according to court documents filed Tuesday.

    Grocer Not Covered For Shareholder Fight, 8th Circ. Affirms

    The Eighth Circuit on Wednesday affirmed a lower court's ruling that Minnesota-based grocery chain Jerry’s Foods' insurer has no duty to defend or indemnify the retailer, saying its directors and officers liability policy from U.S. Specialty Insurance Co. doesn't cover a shareholder dispute that broke out following the death of its founder.

    Insurers In Row Over Coverage in UC Davis Caulking Case

    Landmark American Insurance Company slapped fellow insurer Liberty Surplus Insurance Corporation with a lawsuit in California federal court on Tuesday over a $1 million coverage policy related to bad caulking on a California college campus.

    NAACP, Law Profs Ask 11th Circ. To Rethink Dreadlocks Ban

    The NAACP, a public interest law group and two legal professors urged the Eleventh Circuit to reverse its ruling that found an insurance company didn’t discriminate against a black job applicant when it refused to hire her over her dreadlocks, arguing that the ban is premised on racial stereotypes.

    Md. Atty Gets 150 Days For Covering Up Family's $20M Fraud

    A Manhattan federal judge sentenced an attorney to 150 days in federal prison for failing to report a $20 million pump-and-dump scheme being perpetrated by family members and ordered the Maryland man to cease practicing law.

    Understanding How Blockchain Could Impact Legal Industry

    Blockchain is essentially a computerized public ledger that can apply to almost anything that a person might save into a database or spreadsheet. This versatile technology may enhance the legal industry by providing an improved record keeping system, setting up "smart contracts" and tracking intellectual property and land records, say R. Douglas Vaughn and Anna Outzen of Deutsch Kerrigan LLP.

    The Prudential Need For Insurer Access To Information

    Allowing insurers access to documents and information is vital because it allows them to be meaningfully involved in the defense and settlement of claims. When courts prevent such disclosure, they significantly hamper insurers' ability to evaluate and consent to settlements, say Jason Cronic and Leland Jones IV of Wiley Rein LLP.

    D&O Policy Doesn't Cover FDIC's Claims, 9th Circ. Says

    The Ninth Circuit on Tuesday found that BancInsure Inc. does not have to cover the FDIC's claims that a failed California bank's former directors and officers caused millions in losses through negligent loan practices, reversing a lower court decision.

    Top GOP Sen. Says Repeal ACA Once Alternatives Are Ready

    Sen. Lamar Alexander, R-Tenn., who helms the powerful Senate health committee, vowed on Tuesday to “rescue” faltering Affordable Care Act markets and to fully repeal the law only when “concrete, practical” alternatives are ready.

    Homeowners Get More Time In PNC Lender Kickback Suit

    A Pennsylvania federal judge on Tuesday allowed homeowners accusing a PNC Bank predecessor of accepting kickbacks for referring mortgage customers to insurers to modify their class action complaint to skirt a one-year statute of limitations under the Real Estate Settlement Procedures Act.

    Fla. Health Providers Seek Class In PIP Reimbursement Row

    A putative class of health care providers on Tuesday asked a Florida federal court for certification in its lawsuit accusing Progressive American Insurance of improperly invoking a state law cap on personal injury protection policy limits based on determinations it obtained from nontreating providers.

    FBI Stays Clear Of Insurer’s Fire Damage Suit At 11th Circ.

    The Eleventh Circuit on Tuesday upheld a lower court’s ruling that the FBI was not liable for fire damage to a hotel caused by a special agent’s discarded cigarette, finding the agent was off-duty at the time of the fire and that the bureau wasn’t vicariously liable.

    Katten, Haynes Boone Steer AIG-Simon Baron $150M Loan

    Katten Muchin Rosenman LLP represented American General Life Insurance Co. in connection with its $150 million construction loan to Haynes and Boone LLP-counseled Simon Baron Development LLC for a Long Island City rental project, according to documents made public in New York on Tuesday.

    UK Watchdog Fines Insurer £150K For Failing To Secure Data

    The United Kingdom’s data protection regulator has slapped general insurance company Royal & Sun Alliance Insurance PLC with a £150,000 ($182,578) fine following the theft of a hard drive device containing the personal information of nearly 60,000 customers, the watchdog said Tuesday.

    Michigan Closes Med Mal Compensation Loophole

    As expected Michigan Gov. Rick Snyder signed into law a bill that closes a loophole allowing medical malpractice plaintiffs to sue for compensation for the charged amount of medical expenses rather than for what is actually paid out by insurance companies, the governor’s office said Tuesday.

    DC Circ. Urged To Revive CareFirst Data Breach Class Action

    A putative class of CareFirst BlueCross BlueShield policyholders on Tuesday urged the D.C. Circuit to revive their suit over a 2014 data breach targeting the health insurer's database, contending that the alleged injuries suffered by the plaintiffs established standing to sue.

    Newly Formed Runoff Insurance Co. Grabs $510M In Fundraise

    An insurance and reinsurance company specializing in runoff insurance and backed by private equity shop Kelso & Co. and insurer Arch Capital Group Ltd. raised $510 million in initial capital, according to a Monday statement, allowing it to enter the market.

    Highmark Seeks To Pierce Veil, Recover $5M In Allcare IP Row

    Health insurer Highmark Inc. filed a lawsuit in Texas federal court Monday, telling the court that in order to recover its $5.2 million attorneys' fees award from Allcare Health Management Systems in a suit over an information management system patent, it must bring this new action against the company's principals.

    Broker Not Negligent In Copper Loss Dispute, 6th Circ. Told

    Cottingham & Butler Insurance Services Inc. urged the Sixth Circuit on Tuesday to uphold a lower court's ruling that it can't be held liable for failing to notify a trucking company that a new policy contained an exclusion for copper losses, asserting that insurance brokers have no such duty under Kentucky law.

    Sinkhole Insurers Can't Escape Brine Co.'s Claims

    A Louisiana federal judge has denied four insurance companies’ motions for dismissal in a suit arising from a massive sinkhole that opened near the underground operations of Texas Brine Co., saying Monday that the companies merely reheated arguments already rejected elsewhere.

    California Legal Bills: Privileged Until They Aren’t?

    Given the problems with the California Supreme Court’s decision in Los Angeles County Board of Supervisors v. Superior Court of Los Angeles County, the California Legislature should adopt a legislative fix to explicitly protect attorney invoices in both pending and completed litigation from disclosure under the attorney-client privilege, say members of Horvitz & Levy LLP.

    Puerto Rican Resort Facing $20.5M Drowning Death Suit

    The family of a man who died while snorkeling at a Hilton-operated Puerto Rican resort filed a $20.5 million against the company on Monday.

    Door Closing On 'Unavailability' Insurance Exception: Part 2

    Historically, decisions applying New Jersey law have applied the "unavailability of insurance" exception in the context of some asbestos and environmental coverage claims, but the already narrow exception may potentially be further limited in the near future, says Scott Seaman of Hinshaw & Culbertson LLP.

    'Fair Value' Takeaways From Merion V. Lender Processing

    The Delaware Chancery Court relied entirely on the merger price to determine “fair value” in Merion Capital v. Lender Processing Services, confirming that an appraisal award likely will not exceed the merger price in a nonaffiliated transaction where there was a pre-signing market check with “meaningful competition,” say attorneys with Fried Frank Harris Shriver & Jacobson LLP.