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.
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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.

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Chrysler MDL Class Can Fix 'Puzzling' State Claim Skip

By Danielle Ferguson

A Michigan federal judge has said he will give a class of drivers alleging Chrysler minivans have a defect that causes their batteries to explode unexpectedly an opportunity to fix their "puzzling" choice not to plead state-by-state claims in the first master complaint of the sprawling multidistrict litigation.

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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.

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Exxon Investor Deal Ends Suit Over Emissions Proposal

By Spencer Brewer and Lauren Berg

Activist investor Arjuna Capital has escaped Exxon Mobil Corp.'s lawsuit over a contentious greenhouse gas-related shareholder proposal the investor sought to include in the company's 2024 proxy statement after a Texas federal judge on Monday accepted the investor's promises not to resubmit the proposal.

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TECHNOLOGY

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.

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ASBESTOS

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.

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CONSUMER GOODS

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.

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DRUGS & DEVICES

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.

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TRANSPORTATION

Boeing, Virgin Can't Agree To Injunction's Scope In IP Row

By Daniel Wilson

Boeing and Virgin Galactic have clashed over whether Virgin can share information with outside contractors gleaned as part of a failed aircraft development contract, as Boeing's suit accusing Virgin of breaching the deal and misappropriating trade secrets moves forward in Virginia federal court.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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. 

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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."

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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. 

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LAW FIRMS IN TODAY'S NEWS

Badham & Buck

Bainbridge Mims

Barrack Rodos

Bernstein Litowitz

Brown & Connery

Cantey Hanger

Casey Gerry

Cooley LLP

Cooper & Kirk

Copeland Franco

Cotchett Pitre

Covington & Burling

Cravath Swaine

Critchley Kinum

Day Pitney

Dominick Feld

Duane Morris

Farella Braun

Foley Hoag

Gibson Dunn

Greines Martin

Hagens Berman

Hitchcock Law Firm PLLC

Hogan Lovells

Huff Powell

Jenner & Block

Jones Day

Joseph Hage Aaronson

Kessler Topaz

King & Spalding

Kirkland & Ellis

Klein Thomas

Law Offices of Charles B. Molster III

Lightfoot Franklin

Lovins Trosclair

Lynberg & Watkins

Manly Stewart

Marino Tortorella

McCarter & English

Melehy & Associates

Milbank LLP

O'Melveny & Myers

PAMH LLC

Parker McCay

Poole Huffman

Savage Turner

Shipman & Goodwin

Shook Hardy

Sinnott Puebla

Spears Manning

Stein Sperling

Stinson LLP

The Miller Law Firm PC (Rochester, MI)

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.

Aurora Flight Sciences Corp.

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

Exxon Mobil Corp.

FCA US LLC

Gay & Lesbian Advocates & Defenders

Google LLC

Granite State Insurance Co.

Johnson & Johnson

Lambda Legal Defense & Educational Fund

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.

Sales Inc.

Sanofi

Southern Poverty Law Center Inc.

State Bar of Texas

Tesla Inc.

The AES Corp.

The American Law Institute

The Boeing Co.

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

Virgin Galactic Holdings Inc.

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

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. Department of Justice

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

U.S. District Court for the Eastern District of Michigan

U.S. District Court for the Eastern District of Virginia

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

U.S. District Court for the Northern District of Texas

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