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Features
Two recent cases highlight issues of importance to practitioners. One case dealt with preemption; the other with discovery sanctions.
Features
Highlights of the latest insurance cases from around the country.
Features
A number of jurisdictions have adopted one version or another of the reasonable expectations doctrine.
Where CGL coverage is not available, some policyholders have attempted to obtain general liability coverage under policies that provide a more limited coverage, namely policies that provide coverage for bodily injury or property damage liability arising out of the ownership, maintenance or use of a particular "designated premises."
Features
In pharmaceutical actions, most false claims <i>qui tam</i> actions brought by whistleblowers involve off-label promotion, kickbacks, pricing allegations, and reimbursement abuses. Although these start out as civil lawsuits, they often end with the DOJ pressing charges against the pharmaceuticals manufacturer.
Features
A recent opinion from the Southern District of New York indicates that lawyers will typically be prohibited from bringing <i>qui tam</i> actions against their former clients. And the new Dodd-Frank regulations expressly limit when an attorney can reap a whistleblower reward.
Features
The crime-fraud exception to the attorney-client privilege allows the government, often <i>ex parte</i>, to obtain a court order demanding the production of what were once thought to be privileged communications.