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As pharmaceutical manufacturers and wholesalers continue to face scores of lawsuits alleging that their misrepresentations about opioid painkillers have fueled a nationwide addiction crisis, courts around the country have split on whether standard liability insurance policies cover such claims. Here, Law360 recaps four notable decisions on coverage for opioid litigation.
The Fifth Circuit on Monday revived Spec’s Family Partners Ltd.’s bid to force Hanover Insurance Co. to cover costs the liquor store chain has incurred in a lawsuit against its credit card processor after a data breach, saying a lower court improperly found that an exclusion for contract-based claims bars coverage.
Century Surety Co. doesn’t have to pay for a $21 million verdict handed down against a pizza parlor owner who admittedly drugged and raped an 18-year-old would-be waitress, the Fifth Circuit said on Monday, affirming a lower court’s ruling that a criminal-act exclusion applies to bar coverage.
The Second Circuit Tuesday revived a Brooklyn shopping center’s claims that its policy with a CNA Financial Corp. unit covered it for equipment damaged in Superstorm Sandy, saying the windstorm exclusion used to dismiss the case is open to interpretation.
Steadfast Insurance Co. asked a New York court Tuesday to let the insurer off the hook for defending disgraced Hollywood mogul Harvey Weinstein from rape charges, citing a handful of policy exclusions.
The New Jersey firm Perskie Wallach Fendt & Holtz PC defeated a malpractice lawsuit over what a former personal injury client called its “negligent referral” of the client to another lawyer when a state appeals panel ruled Tuesday that the firm isn’t responsible for any purported errors the new lawyer may have made.
Arthur J. Gallagher & Co. can’t trim a former executive’s lawsuit accusing the company of failing to pay him the compensation owed under an employment agreement, an Ohio federal judge ruled Tuesday, finding that the allegations were plausible enough to proceed.
A Texas federal magistrate judge recommended Tuesday the denial of Liberty Mutual’s bid to toss a fraud claim in litigation alleging a contractor cost a construction firm about $27 million by not honoring a contract to build the Fairmont Hotel in Austin, saying the suit’s allegations are sufficient to support the claim.
Horizon Healthcare Services Inc. and Holy Name Medical Center Inc. announced Tuesday that they had settled Holy Name’s claims in a New Jersey state lawsuit that alleged the insurer’s tiered health coverage plan left three hospitals competitively disadvantaged, unveiling the deal a few hours after Horizon had registered a discovery win.
Express Scripts Inc. has urged a Missouri federal judge to nix claims that it filched pharmacies’ clients by quietly leveraging data gleaned through its nationwide retail network, saying that it owns that information and is free to use it for its mail delivery service.
Popular culture paints the Hill as a place teeming with intrigue, corruption and malicious intent. But in Congress I learned important lessons about respecting people and the work they do, says former Sen. Norm Coleman, R-Minn., of Hogan Lovells.
Five more law firms announced associate pay raises Tuesday, following the lead of other law firms that have increased salaries in recent weeks, with one law firm declaring its first-year associates will earn $210,000 a year in base pay.
A former Ogletree Deakins Nash Smoak & Stewart PC attorney has accused the head of Ogletree’s Phoenix office and a shareholder who’s the firm’s “largest rainmaker” of implementing nationwide policies at the firm that discriminate against women, according to a proposed amended complaint filed Monday.
A former Bentham IMF Ltd. executive has jumped into the litigation funding market with the launch of his own firm on Tuesday, saying his new venture is backed by $250 million in private equity and other commitments and staffed by former attorneys from BigLaw firms like Kirkland & Ellis LLP and Boies Schiller Flexner LLP.
Pro Bono Spotlight
A pro bono effort by Kirkland & Ellis LLP attorneys paid off recently when the D.C. Circuit handed down a precedential opinion finding that drug offenders should be sentenced based on their individual crimes rather than the crimes of the wider conspiracy they are involved in.
A radical effort in Australia to license litigation funders should hold lessons for the U.S. as courts and legislators grapple over rules for the fast-growing industry, experts said, including the country’s reliance on hard data to inform the debate about regulation.