Trial by Jury: Why It Matters in a Democratic Society
Waldman: Stop Immunizing Websites That Allow Harassment
Busy Days For Voting Rights Advocates, Thanks to SCOTUS
A Moment of Simple Justice - Snitching Ain't Easy
Fighting for Education Rights: Equal Justice for Pregnant and Parenting Students
Combining Arms for Justice-Involved Veterans
A Moment of Simple Justice - Cameras on Cops
A Moment of Simple Justice - Ferguson
A Moment of Simple Justice - Revenge Porn
Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute"
SOX Whistleblower Protections Extend to Private Companies: Critical Steps to Take Now
A More Perfect Union: Why Punish Russia for Crimea?
Jail Time for Revenge Porn Offenses?
End Game in the Fight Over Same Sex Marriage?
Is Punishment Dead in America?
Bill on Bankruptcy: Detroit Falls Short on Good-Faith Test
Bill on Bankruptcy: Madoff Victims Rooting for Stanford Victory
Bill on Bankruptcy: Listening in the Dark at the NCBJ
Health Care Antitrust & the Supreme Court – Interview with Bruce Sokler, Member, Mintz Levin
Bill on Bankruptcy: Detroit Shows Need for Amending Bankruptcy Law
Every year, religious institutions spend millions purchasing insurance of various types from insurance companies. Many will never make claims on the policies remotely equal to their annual investment in premiums. In these...more
Has the Supreme Court “ventured into a minefield,” by its “decision of startling breadth,” as Justice Ruth Bader Ginsburg wrote in her dissent to Burwell v. Hobby Lobby? In Hobby Lobby, the Court held that the contraceptive...more
In Gianassi v. State Farm Mut. Auto. Ins. Co., 2014 U.S. Dist. LEXIS 142600 (M. D. Fla. 2014), the Middle District granted in part and denied in part State Farm’s Motion to Dismiss two counts of Plaintiff’s three-count...more
New York state court Judge Shirley Werner Kornreich recently ruled that American International Group, Inc. (“AIG”) didn’t have to pay certain defense costs for various suits brought against QBE Holdings, Inc. and its...more
A Florida appeals court recently held in Cammarata v. State Farm Florida Insurance Co. that an insured is not required to show that its insurer breached the insurance policy before it can bring a claim for bad faith. Although...more
13-0080, RSUI Indemnity Co. v. The Lynd Co. - The primary issue in this insurance coverage case is how the policy limits of an excess property insurance policy should be calculated. The policy at issue covers multiple...more
For municipal bond investors and insurers, recent events in Puerto Rico have become a major concern. Puerto Rico has tried to address its mounting debt crisis by enacting legislation that would create, in effect, a...more
Hartford Casualty Insurance Co. v Swift Distribution, Inc. -
California Supreme Court (June 12, 2014) -
Commercial liability policies provide coverage for “personal and advertising injury.” This term typically...more
Medical providers often have a patient/ERISA plan participant assign rights under an ERISA health care plan to allow the medical provider to seek payment for medical services provided....more
The purpose of this article is to address potential issues and concerns that may arise between General Contractors (“GC”), Subcontractors (the “Sub”) and their insurers when claims by outside parties (also known as...more
New York Court Strictly Applies Draconian Policy Language, Holding Excess Coverage Forfeited By Settling With Underlying Insurers For Less Than Policy Limits -
Why it matters:
A New York appellate court has...more
As part of the passage of the Dodd–Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) in July, 2010, Congress incorporated the Nonadmitted Insurance and Reinsurance Reform Act (“NRRA”), which provides that...more
On February 5, the U.S. District Court for the District of Columbia issued its opinion in Validus Reinsurance, Ltd. v. United States, which is the first case to involve a challenge to the IRS’s position on the “cascading”...more
In its recent decision in American Construction Benefits Group, LLC v. Zurich Am. Ins. Co., 2014 U.S. Dist. LEXIS 5147 (N.D. Tex. Jan. 15, 2014), the United States District Court for the Northern District of Texas had...more
In one of many cases challenging the use of retained asset accounts in group insurance benefit plans, the Third Circuit, in Edmonson v. Lincoln National Life Insurance Company, affirmed summary judgment for the defendant...more
You know it is not going well when the court cites the Constitution at you in a breach of contract case. But so it went in DeCosta v. Allstate Insurance Co., where the First Circuit last Friday reversed the trial court and...more
Corporations are not exempt from the so-called "Contraceptive Mandate" authorized pursuant to the Patient Protection and Affordable Care Act of 2012 (the "ACA" / popularly known as "Obamacare") according to the opinion of the...more
Oh, if it only were that easy. A city seizes “underwater” residential mortgage loans through eminent domain, waves its magic wand, says Abracadabra or Bibbidi Bobbidi Boo, and then the mortgage lien of the prior loan holder...more
In This Issue:
- TENNESSEE ATTORNEY GENERAL HOLDS THAT TENNESSEE STATUTE PROHIBITING PREFERENCES OR DISTINCTIONS IN CERTAIN INSURANCE TRANSACTIONS IS NOT UNCONSTITUTIONAL:
In its April 24, 2013 opinion, the...more
The 340B program permits eligible hospitals and other “safety-net” providers (340B Covered Entities) to purchase outpatient drugs from pharmaceutical manufacturers at significant discounts. To address its fiscal woes,...more
On May 8, 2013, a jury in the Columbia Division of the U.S. District Court for the District of South Carolina returned a verdict finding that Tuomey Healthcare Systems, Inc. (Tuomey) violated the Stark Law and the federal...more
Originally published in Competition Law360 on September 13, 2012.
Ninety years ago Justice Brandeis delivered the opinion in Keogh v. Northwestern Railway Co., 260 U.S. 156 (1922), and based on four policy reasons,...more
Originally published in Life Insurance Law Committee Newsletter, Summer 2012.
In three putative class actions brought by private plaintiffs seeking to require life insurers to undertake death matches, Ohio state and...more
In Edwards v. First American Financial Corp., No. 10-708, the United States Supreme Court will decide an important question of Article III standing that will have broad-reaching impact on many industries, including the...more
On June 28, 2012, the Supreme Court issued its decision in a trio of cases which challenged the constitutionality of certain provisions in the Affordable Care Act. Ultimately, a majority of the justices concluded that the...more
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