LexisNexis® Legal Newsroom
    House, Trump Admin, States Settle ACA Subsidy Battle

    The Trump administration, the U.S. House of Representatives and 17 states embroiled in a legal battle over billions of dollars in Affordable Care Act subsidies have agreed to settle a dispute currently pending before the D.C. Circuit, according to an agreement filed in federal court Friday.

    Trump's ACA Birth Control Waivers Blocked By Pa. Judge

    A Pennsylvania federal judge on Friday temporarily blocked the Trump administration’s rules dialing back the Affordable Care Act’s contraception mandate through religious or moral exemptions for employers, saying the federal government failed to follow proper procedures in implementing the policies.

    Utica Snags $64M Win Against Reinsurer Over Asbestos

    A New York federal court entered a $64.1 million judgment Friday against Fireman’s Fund Insurance Co. after a jury found the reinsurer should have helped cover client Utica Mutual Insurance Co.'s payout to Goulds Pumps for asbestos liabilities.

    Plane Crash Insurance Fight In Wrong Court, 10th Circ. Says

    Alabama-based airplane engine maker Continental Motors Inc. cannot be sued in Colorado federal court just because an airplane repair business subscribed to its online service manual program, the Tenth Circuit ruled Friday, affirming a lower court’s decision that Continental’s limited contacts with Colorado simply weren’t enough to establish jurisdiction.

    Global Watchdogs To Test Incentives For OTC Central Clearing

    Global financial regulators said Friday they will review the effects of incentives for financial institutions to centrally clear over-the-counter derivatives trades following the implementation of capital rules for the sector.

    Litigation Attorney Hiring To Tick Up In 2018, Survey Says

    Litigation is expected to be a bright spot in an otherwise lackluster legal hiring market during the first six months of 2018, a survey of 200 law firm and corporate legal department hiring professionals has found.

    Midland Insurance Claims Sale Can't Be Secret, Judge Says

    A New York bankruptcy judge on Friday denied a request by Rapid-American Corp. to keep details of a proposed sale of its claims on defunct insurance company Midland Insurance Co. confidential, saying it had not even tried to justify the secrecy.

    Fla. Defect Notice Ruling May Foster Out-Of-Court Deals

    Florida's high court held on Thursday that an insurance carrier's duty to defend may be triggered by a construction defect notice against its policyholder, a finding that attorneys say could boost insurer participation in a presuit process for resolving defect disputes and lead to more out-of-court settlements.

    7th Circ. Affirms Ending Of Policy Rate-Hike Class Action

    The Seventh Circuit affirmed the dismissal of a proposed class action against Continental Casualty Co. over dramatic increases in rates on long-term care policies Thursday, finding the class had not shown how the company had misled its customers about the increases when they made their purchase.

    9th Circ. Sends Insurers' EZ-FLO Suit Back To State Court

    The Ninth Circuit on Thursday affirmed a lower court’s decision to send a group of insurers’ lawsuit over defective water lines back to state court, saying only named plaintiffs can count toward the minimum number for a federal class action.

    Alternative Fees: My Experience At Bartlit Beck

    Bartlit Beck was a wonderful place to work for 18 years, and the lawyers there are not only excellent attorneys but great people. All that said, and stating my biases up front, it is possible for me to look analytically at the Bartlit Beck fee model, and make some observations on the pros and cons of one version of alternative fees, says J.B. Heaton, founder of investment analytics company Conjecture LLC.

    Chinese Lender Tops 2 Year-End IPOs Set To Raise $220M

    At least two companies, including a Chinese online microlender and a life insurance company, are set to price initial public offerings projected to raise about $220 million combined during the week of Dec. 18, among the last few IPOs before the year-end holidays.

    Texas Justices Will Rehear USAA Bad Faith Liability Row

    The Texas Supreme Court on Friday granted a request from USAA Texas Lloyds Co. to rehear its long-running dispute with policyholder Gail Menchaca, who alleges the insurer acted in bad faith by refusing to investigate damage from 2008's Hurricane Ike.

    MVP: Simpson Thacher's Mary Beth Forshaw

    Simpson Thacher & Bartlett LLP litigation partner Mary Beth Forshaw has had a busy year, settling a $500 million reinsurance case at jury selection and racking up a Second Circuit win on an environmental cleanup coverage case, securing a place as one of Law360’s 2017 Insurance MVPs.

    Employers' Insurance Issues For Sexual Harassment Claims

    With daily revelations of sexual assault committed by public figures, employers are renewing their focus on employment practices liability insurance. However, the extreme social sensibility associated with sexual assault claims may complicate recovery, and employers should consider three key issues when seeking recovery under EPLI forms, says Micah Skidmore of Haynes & Boone LLP.

    ESMA Consults On New Standards For Prospectus Regulation

    The European Union's financial regulator on Friday requested industry feedback to a proposed overhaul of the format and content of investor prospectuses put out by issuers, offerors and businesses looking to float on regulated markets in the bloc.

    UK Insurers Fret Over EU's Consumer Protection Law Deadline

    Insurance firms in the U.K. have raised concerns about the lack of time available to implement a new European Union directive aimed at enhancing consumer protection and supporting competition between insurance distributors, the Financial Conduct Authority said Friday.

    Jurors Should Have An Active Voice In Trials

    We tell jurors how important they are to the successful implementation of our judicial system, but oftentimes we don’t treat them with the reverence they deserve. U.S. District Judge Amos Mazzant III of the Eastern District of Texas, Lisa Blue of Baron and Blue, and Robert Hirschhorn of Cathy E. Bennett & Associates advocate three jury system improvements that will give jurors an active voice and role in our civil and criminal jury trials.

    EU Gov'ts Agree To Start UK Trade Talks, With Conditions

    The leaders of 27 European Union countries agreed on Friday that sufficient progress has been made in initial Brexit talks to open negotiations on a transition phase and Britain's future trade relationship with the bloc's single market, but with conditions.

    DOL Fiduciary Rule — Still Very Much Alive

    While certain requirements of the U.S. Department of Labor's Fiduciary Rule were recently delayed, the rule's expanded definition of a fiduciary and the standards to which such fiduciaries are to be held are currently in effect, says Robert Gower of Trucker Huss APC.

    FCA To Weigh Further UK Initial Coin Offering Regulation

    Britain’s Financial Conduct Authority said Friday it will consider whether to impose further regulation on the growing market for initial coin offerings, a new form of investing that involves issuing digital currencies or tokens to finance startups.

    Gibraltar Launches World’s First Blockchain License

    Gibraltar will introduce the world’s first bespoke license for fintech firms using blockchain, the British overseas territory's financial services watchdog said Friday, making it the first jurisdiction to shape laws around the transformative technology.

    Rejecting Insanity Defense, Jury Convicts Doctor Of Fraud

    A California federal jury on Thursday convicted a family physician on five counts of health care fraud and five counts of making false statements to insurers, rejecting her defense that billing issues were caused by a mental illness while rejecting the government’s conspiracy and money laundering charges.

    NY High Court Says No Set Rule On Reinsurer's Liability Cap

    New York's highest court held Thursday that one of its prior rulings didn't create a general rule that a reinsurance contract's total liability cap encompasses both indemnity and defense costs incurred by an insurer, resolving a query from the Second Circuit in Century Indemnity Co.'s bid for reinsurance coverage of costs paid to defend Caterpillar in asbestos litigation.

    Insurer Off Hook In River Contamination Row, 3rd Circ. Says

    Indian Harbor Insurance Co. doesn’t need to defend a lead pigment maker in a suit over river contamination, the Third Circuit ruled Thursday, affirming a lower court’s ruling that the company was only able to slip through an exclusion loophole due to "scrivener's error.”