A primary insurer is allowed to access excess insurance policies as soon as all directly underlying coverage from the same policy period is exhausted, the California Supreme Court ruled, potentially implicating several first-level excess insurers to contribute to coverage for underlying asbestos exposure claims against Kaiser Cement and Gypsum Corp.
Law360
Personal Injury & Medical Malpractice
TUESDAY, JUNE 18, 2024 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

Excess Insurers May Need To Pay In Kaiser Asbestos Dispute

By Jennifer Mandato

A primary insurer is allowed to access excess insurance policies as soon as all directly underlying coverage from the same policy period is exhausted, the California Supreme Court ruled, potentially implicating several first-level excess insurers to contribute to coverage for underlying asbestos exposure claims against Kaiser Cement and Gypsum Corp.

Opinion attached | Read full article » | Save to favorites »

Colo. Justices To Review Prefiling Interest Cap Dispute

By Mike Curley

The Colorado Supreme Court on Monday agreed to review whether a state court can let prefiling interest exceed the state's $1 million economic damages cap under the Health Care Availability Act, in a suit over a man's injuries at birth.

4 documents attached | Read full article » | Save to favorites »

Clients Say McGrath Kavinoky 'Bullied' Them Into Abuse Deal

By Jack Karp

California firm McGrath Kavinoky LLP, which inked more than $374 million in settlements for women who say they were sexually abused by a UCLA Health gynecologist, misled its clients and "bullied" them into accepting far smaller amounts than they were promised, according to a lawsuit in state court by two ex-clients.

Complaint attached | Read full article » | Save to favorites »

NJ School District Settles Sex Abuse Suit For $2M

By Carla Baranauckas

A New Jersey school district has agreed to pay $2 million to an unidentified woman who claimed in a state court lawsuit that she was sexually abused by a former teacher when she was a 14 years old.

Complaint attached | Read full article » | Save to favorites »

Justices Won't Hear Challenge To NY Gun, Ammo Sales Laws

By Mike Curley

The U.S. Supreme Court on Monday denied a petition by New York gun shop owners seeking to appeal a decision striking down their suit challenging state laws regulating firearm sellers and ammunition sales.

Read full article » | Save to favorites »

Ga. Panel OKs Instruction In $4.5M Spinal Device Injury Suit

By Kelcey Caulder

The Georgia Court of Appeals has affirmed a trial court's decision to tell jurors not to consider the availability of insurance benefits when considering the issues of liability and damages in a case in which a woman whose doctor incorrectly implanted a spinal cord stimulator was awarded $4.5 million.

Opinion attached | Read full article » | Save to favorites »

POLICY & REGULATION

Brief

US Surgeon General To Seek Warning Label On Social Media

By Jonathan Capriel

U.S. Surgeon General Vivek H. Murthy has called on lawmakers to require social media companies to put warnings on their sites that say young people who use them have more mental health issues, according to an opinion article published on Monday.

Read full article » | Save to favorites »

ENFORCEMENT

Baldwin Prosecutors Push For 'Rust' Armorer's Testimony

By Phillip Bantz

New Mexico state prosecutors are seeking to force a convicted armorer to testify during "Rust" actor-producer Alec Baldwin's involuntary manslaughter trial, telling a judge the "world is watching" how the court decides a potentially pivotal legal dispute in the high-profile case.

3 documents attached | Read full article » | Save to favorites »

LITIGATION

Zantac Suits Must Exit State Court, Conn. Judge Told

By Aaron Keller

A Connecticut state court judge must relinquish jurisdiction over two lawsuits claiming that generic versions of the heartburn drug Zantac caused cancer because state statutes do not subject entities with foreign business registrations to the auspices of Constitution State judges, a pharmaceutical industry attorney argued at a hearing Monday morning.

8 documents attached | Read full article » | Save to favorites »

Binance Says Hamas Attack Suit Can't Prove Fundraising Link

By Aislinn Keely

Binance Holdings Ltd. has urged a New York federal judge to dismiss claims the exchange abetted terrorism because the survivors of Hamas' Oct. 7 attack on Israel haven't shown a direct link between the platform's cryptocurrency services and the planning of the attack.

Memorandum attached | Read full article » | Save to favorites »

Fla. Condo Board Says Group Wrongly Accused It Of Crimes

By David Minsky

A Florida condominium association has brought a Miami-Dade County state court lawsuit against a residents group over defamation, accusing the group of luring tenants into a WhatsApp chat to disseminate false statements, including that board members committed crimes.

Complaint attached | Read full article » | Save to favorites »

Brief

Talc Claimants Want Documents In Fight Over J&J Unit Venue

By Alex Wittenberg

Cancer patients with talc damage claims against Johnson & Johnson have urged a New Jersey federal court to give them access to transcripts and exhibits from depositions of top executives at the company's talc unit, saying the information will aid their effort to bar the J&J spinoff from filing a third Chapter 11 outside the Garden State.

Memorandum attached | Read full article » | Save to favorites »

INSURANCE

Insurers Ask 6th Circ. To Undo $13.3M Murder Coverage Loss

By Hope Patti

Two Liberty Mutual units said their insurers must reimburse them for a $13.3 million judgment stemming from a murder in a Florida motel, urging the Sixth Circuit on Monday to toss a lower court's ruling that a demand letter in the underlying suit didn't constitute a claim for bad faith.

Brief attached | Read full article » | Save to favorites »

EXPERT ANALYSIS

Think Like A Lawyer: Always Be Closing

When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

Read full article » | Save to favorites »

LEGAL INDUSTRY

Q&A

Lambda Legal Calls For More LGBTQ+ Judges

By Courtney Bublé

President Joe Biden has made a historic increase in the diversity of judicial appointees, but a major LGBTQ+ legal organization is hoping for more progress with LGBTQ+ judges and says the clock is ticking.

Report attached | Read full article » | Save to favorites »

Justices To Hear Nvidia Case On Securities Pleading Standard

By Jessica Corso

The U.S. Supreme Court on Monday agreed to hear an appeal of a Ninth Circuit ruling that revived investors' claims over chipmaker Nvidia's crypto mining sales, giving the high court a chance to weigh in on the pleading requirements needed to sustain a shareholder class action.

Order attached | Read full article » | Save to favorites »

High Court Will Mull Proof Needed For Wage-Hour Carveout

By Jon Steingart

The U.S. Supreme Court said Monday it will hear a wage and hour case from a supermarket distributor, teeing up an opportunity for the justices to articulate the standard by which an employer must demonstrate workers are exempt from overtime.

Order List attached | Read full article » | Save to favorites »

Milbank Snags FTC Competition Trial Chief For DC Office

By Lauren Berg

Milbank LLP announced Monday it has hired the chief trial counsel for the Federal Trade Commission's Bureau of Competition, bulking up its Washington, D.C., antitrust and competition practice with a veteran litigator who led the government's challenge to Microsoft Corp.'s $69 billion acquisition of Activision Blizzard.

Read full article » | Save to favorites »

Columbia Law Adds UChicago Vice Provost As 1st Black Dean

By Tracey Read

A former deputy dean at the University of Chicago Law School will take over as dean of Columbia Law School on Aug. 1, Columbia University President Minouche Shafik announced Monday.

Read full article » | Save to favorites »

NYC Bar Blasts Judges' Columbia Boycott Letter

By Sue Reisinger

The New York City Bar Association on Monday questioned the impartiality of 13 federal judges who issued a letter last month publicly refusing to hire students from Columbia Law School as clerks because of campus political protests over the Israel-Hamas war.

Read full article » | Save to favorites »

Texas Bar Proposes Limits On Services From In-House Attys

By Lynn LaRowe

The State Bar of Texas said in-house lawyers working for companies owned by nonattorneys are barred from providing legal services to the businesses' customers unless the work meets specific criteria because otherwise, the companies run afoul of rules forbidding the unauthorized practice of law, according to a proposed ethics opinion.

Opinion attached | Read full article » | Save to favorites »

Attys Accused Of Judge Shopping Must Turn Over Q&A Doc

By Emily Sawicki

Attorneys accused of a coordinated effort to "judge shop" amid federal suits challenging an Alabama law banning certain medical procedures for transgender youth must supply a document the court believes displays the attorneys' preparations for a panel hearing in which one of the attorneys allegedly committed perjury.

Order attached | Read full article » | Save to favorites »

NJ Firm Defends Lien On Ex-Client's Patents After Unpaid Bills

By Andrew Karpan

A major New Jersey law firm said it has a "common law" right to place a lien on its former client's patents without telling it, after the "failed" biopharmaceutical startup fired the firm and stopped paying its outstanding legal bills.

Brief attached | Read full article » | Save to favorites »

NJ Power Broker, Firm CEO Brother Accused Of Racketeering

By George Woolston

Powerful New Jersey businessman George E. Norcross III and his brother who is the chief executive officer of law firm Parker McCay have been criminally charged alongside others in a scheme to acquire waterfront property in the distressed city of Camden using threats of economic and reputational harm.

Indictment attached | Read full article » | Save to favorites »

Man In Murder-For-Hire Plot To Kill Atty Gets Extradited To NY

By Gina Kim

An Indian national indicted in connection with a murder-for-hire plot to assassinate an attorney connected to a Punjab political revolution has been extradited to the Southern District of New York and made his initial appearance in federal court Monday, during which he pled not guilty to the criminal charges against him.

Read full article » | Save to favorites »

McConnell Denounces Judicial Nominee For District Of Ore.

By Courtney Bublé

Senate Minority Leader Mitch McConnell, R-Ky., took to the Senate floor on Monday to criticize Magistrate Judge Mustafa Taher Kasubhai, a nominee for a district court judgeship in the District of Oregon whose confirmation vote is teed up for Tuesday. 

Read full article » | Save to favorites »

Brief

Biden: High Court 'Never Been As Out Of Kilter'

By Courtney Bublé

President Joe Biden said at a campaign event over the weekend that the U.S. Supreme Court "has never been as out of kilter as it is today."

Read full article » | Save to favorites »

Catching Up With Delaware's Chancery Court

By Leslie A. Pappas

Proposed amendments to Delaware's General Corporation Law that were prompted by several recent Chancery Court rulings sailed through the state Senate last week despite loud opposition from corporate law professors and other Chancery Court watchers, and Tesla shareholders filed two new suits against CEO Elon Musk. 

Read full article » | Save to favorites »

Promo that reads Law360 Pulse Summer Associates Survey Promo that reads Law360 400

LAW FIRMS IN TODAY'S NEWS

Afonso Archie

Anderson & Shah

Badham & Buck

Bainbridge Mims

Bernstein Litowitz

Bowles Law Firm

Brown & Connery

Cahill Gordon

Cooley LLP

Cooper & Kirk

Copeland Franco

Covington & Burling

Cravath Swaine

Critchley Kinum

Day Pitney

Denver Trial Lawyers

Dominick Feld

Duane Morris

Farella Braun

Florio Perrucci

Freund Freeze

Gallagher Gams

Greines Martin

Hogan Lovells

Huff Powell

Jenner & Block

Joseph Hage Aaronson

Kessler Topaz

King & Spalding

Kirkland & Ellis

Lewis Roca

Lightfoot Franklin

Lynberg & Watkins

Manly Stewart

Marino Tortorella

McCarter & English

Melehy & Associates

Milbank LLP

PAMH LLC

Parker McCay

Poole Huffman

Quinn Emanuel

Reed Smith

Savage Turner

Seiden Law

Shipman & Goodwin

Shook Hardy

Sinnott Puebla

Soloff & Zervanos

Spears Manning

Stein Sperling

Walker Wilcox

Wiggin & Dana

Williams & Connolly

Wocl Leydon

COMPANIES IN TODAY'S NEWS

Activision Blizzard Inc.

Albertsons Cos. Inc.

Alliance Defending Freedom

American Bar Association

American Civil Liberties Union

American Home Assurance Co.

Binance Holdings Ltd.

Boehringer Ingelheim

Boehringer Ingelheim Vetmedica Inc.

Chegg Inc.

Citizens for Responsibility & Ethics in Washington

Conner Strong & Buckelew

Cott Corporation

De Novo

Delaware State Bar Association

Gay & Lesbian Advocates & Defenders

Google LLC

Granite State Insurance Co.

Johnson & Johnson

Lambda Legal Defense & Educational Fund

Liberty Mutual Insurance Group

LinkedIn Corp.

Microsoft Corp.

NVIDIA Corp.

National Center for Lesbian Rights

New York City Bar Association

Norfolk Southern Corp.

Oregon State Bar

Pfizer Inc.

Public Citizen Inc.

Retrophin Inc.

Rockhill Insurance Co.

Sales Inc.

Sanofi

Southern Poverty Law Center Inc.

State Automobile Mutual Insurance Co.

State Bar of Texas

Tesla Inc.

The AES Corp.

The American Law Institute

The Kroger Co.

The Michaels Organization

The New York Times Co.

Therapeutics Inc.

Twitter Inc.

U.S. Chamber of Commerce

UCLA Health System

United Policyholders

Warner Bros. Discovery Inc.

Warner Bros. Entertainment Inc.

Washington Legal Foundation

Yale University

GOVERNMENT AGENCIES IN TODAY'S NEWS

Alabama Attorney General's Office

California Civil Rights Department

California Public Employees' Retirement System

California Supreme Court

Colorado Supreme Court

Delaware Court of Chancery

Federal Trade Commission

Georgia Court of Appeals

Los Angeles Superior Court

New York Attorney General's Office

Texas Supreme Court

U.S. Attorney's Office for the Southern District of New York

U.S. Court of Appeals for the Sixth Circuit

U.S. Department of Justice

U.S. District Court for the District of New Jersey

U.S. District Court for the Middle District of Alabama

U.S. District Court for the Southern District of New York

U.S. Patent and Trademark Office

U.S. Securities and Exchange Commission

U.S. Supreme Court