New York Law Journal | Analysis
By Michael A. Sirignano | November 1, 2023
Lawsuits under the FCA can help to reduce fraud, and can lower the costs of federal insurance and other federal programs. One of the first things that parties bringing such actions, as well as defendants who are sued, should consider is whether the public disclosure bar applies.
New York Law Journal | Expert Opinion
By Carol A. Crossett | October 27, 2023
In the wake of the OceanGate submersible tragedy, there has been much discussion about liability waivers and whether they can bar a lawsuit.
By Patrick Smith | October 10, 2023
"We have great existing clients, and this is a way to expand our touchpoints with them," Frank Lopez, chair of Paul Hastings, said.
New York Law Journal | Expert Opinion
By Alan Feigenbaum and Marilyn T. Sugarman | October 4, 2023
A discussion of the recent decision 'B.D. v. E.D' which raises "existential questions" but offers one certain piece of advice: When drafting settlement agreements in a matrimonial case, be sure to be very specific as to what is covered in terms of the payor's obligation regarding health insurance.
By NYLJ Staff | October 3, 2023
"A hallmark of our litigation department is our ability to blend our collaborative nature and collective expertise to the benefit of clients."
New York Law Journal | Analysis
By William G. Passannante and Raymond A. Mascia Jr. | October 1, 2023
In the authors' experience, insurance companies interpret the bump-up exclusion far too broadly and beyond the insurance industry's purported intent behind the exclusion. D&O policyholders should be prepared to resist such coverage denials.
New York Law Journal | Analysis
By Courtney C.T. Horrigan, John Ellison and Russell M. Squire | October 1, 2023
Hawaii, recently devastated by the Lahaina Fire, looks to be the first state to have its Supreme Court weigh in on the applicability of pollution exclusions to climate change lawsuits. This article examines what is at stake for policyholders and the road to recovery in this rapidly evolving area of insurance coverage law.
New York Law Journal | Analysis
By Jillian Raines and Alex Harris | October 1, 2023
How should a federal court decide whether to enforce a choice-of-law provision? That's the question at the heart of 'Great Lakes Ins. v. Raiders Retreat Realty', a maritime coverage dispute that will be argued before the Supreme Court. However the court rules, the decision could have wide-ranging implications for insurance disputes—even those on land.
New York Law Journal | Analysis
By Howard B. Epstein and Theodore A. Keyes | September 28, 2023
Recently, the Eastern District of New York granted summary judgment to an insurer, holding that the insurer had no duty to defend based on the terms of an exclusion in the policy. This decision highlights how, where the facts plainly fall within a clearly-drafted exclusion, courts will not hesitate to enforce the exclusion as written.
New York Law Journal | Analysis
By Edward K. Lenci | September 10, 2023
In this article, Edward K. Lenci highlights the McCarran-Ferguson Act and how federal circuit courts are presently split about whether it reverse-preempts the New York Convention.
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