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On September 7, 2012, the Delaware Supreme Court, applying California law, held that the payment obligations of an excess insurer of Intel were not triggered when Intel had settled with the underlying insurer for less than...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
On July 13, 2012, the Second Appellate District handed down its decision in Travelers Property Casualty Co. of America v. Charlotte Russe, Case No. B232771 (a copy is available here). This published opinion is significant...more
Two recent lawsuits allege that Blue Cross and Blue Shield entities in North Carolina and Alabama have violated federal and state antitrust laws by engaging in concerted action with other Blue Cross Blue Shield (BCBS) plans...more
Originally Published in Insurance Law360.
In the first seven months of 2011, a number of companies and institutions have reported large-scale data breaches. The causes of the breaches range from misplacement of data by...more
The idea that doctors order unnecessary tests to avoid being sued has enough surface plausibility that people nod "of course" as if it's undeniable truth. The "fraud" of "defensive medicine" is two fold: It doesn't really...more
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