Industry Updates

Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick summary of relevant updates from the prior week in this industry-shaping body of litigation....By: McDermott Will & Schulte

Across sectors and jurisdictions, the data point to a world facing more frequent and intense physical disruptions. Extreme heat, heavy rainfall, rising sea levels, and prolonged droughts are no longer regional anomalies; they are macroeconomic factors shaping markets, policy, and investment strategy. Originally Published by CorpGov - November 11, 2025....By: Vinson & Elkins LLP

Jurisdiction: United States District Court for the Eastern District of Louisiana - Plaintiffs Erica Dandry Constanza and Monica Dandry Hallner allege decedent Michael P. Dandry Jr. developed mesothelioma from asbestos exposure while working for Huntington Ingalls Incorporated (Avondale)....By: Goldberg Segalla

Effective January 1, 2026, new Florida legislation imposes strict requirements on healthcare facility licensees and practitioners to refund patient overpayments within a specified timeframe. The law introduces clear definitions, compliance obligations, and penalties for violations, aiming to enhance transparency and fairness in patient billing practices....By: Hinshaw & Culbertson - Health Care

Corrosion exclusions are not interpreted in the same manner on both sides of the Atlantic Ocean. Generally speaking, in the U.K., corrosion exclusions only apply to exclude the claim where the corrosion event was a gradual process, often naturally occurring over a period of time. Sudden events involving corrosion often fall outside the exclusion and are covered....By: Zelle LLP

To keep you informed of recent activities, below are several of the most significant federal and state events that have influenced the Consumer Financial Services industry over the past week. Federal Activities: On November 7, the Federal Deposit Insurance Corporation (FDIC) revised its Consumer Compliance Examination Manual to adopt a less frequent examination schedule for most FDIC‑supervised institutions, updating Section II‑12.1 to set examination cycles of 66 to 78 months, 54 to 66...By: Troutman Pepper Locke

On September 19, 2025, Florida’s Second District Court of Appeals affirmed a final judgment in favor of Florida Farm Bureau General Insurance Company (“FFB”) in an extra-contractual action. The case arose out of a fatal accident on May 28, 2016, where FFB insured the driver who, unfortunately, hit and killed a bicyclist, Mr. Hancock....By: Freeman Mathis & Gary

The U.S. Environmental Protection Agency has proposed dramatic changes to environmental regulations in recent months, including its announcement, in March, of what it called the “biggest deregulatory action in U.S. history.” Such sweeping changes inevitably create uncertainty — and uncertainty affects the ability to assess risk. An unstable regulatory climate may give rise to additional disputes. Environmental disputes, by their nature, are generally complex and unique. However, almost...By: Thompson Coburn LLP

Defending against tort claims is a critical concern for construction and oil and gas companies, as these industries inherently involve high-risk operations both on the road and at the job site. From injuries / fatalities to environmental liabilities, businesses must be proactive in mitigating risks and protecting themselves from costly legal battles....By: Gray Reed

MONY Life Ins. Co. v. Perez, 146 F.4th 1018 (11th Cir. 2025) - The insurer sought to recover nearly $449,000 it had paid to ophthalmologist Dr. Bernard Perez, alleging he misrepresented his disability and committed fraud. A jury initially sided with the insurer and awarded full restitution under an unjust enrichment theory....By: Marshall Dennehey

When most people think about Medicaid, they focus on the financial component — income and asset limits that determine eligibility. For some Medicaid programs, however, the focus needs to be on both financial and clinical eligibility requirements. For example, older adults applying for Medicaid to cover the cost of long-term care need to place equal importance on establishing clinical eligibility. A recent appellate case has brought this issue into sharper focus, underscoring how critical it is...By: Mandelbaum Barrett PC

On November 9, 2025, the Senate voted to proceed to consideration of a continuing resolution (CR) through January 30, 2026, that includes three full-year appropriations bills for fiscal year (FY) 2026 and additional provisions....By: McDermott+

The Second Circuit’s recent decision affirming a $54.2 million recovery for CITGO signals the judiciary’s renewed commitment to a bedrock principle of insurance law: Ambiguous policy language must be construed in favor of coverage. This rule of construction recognizes that insurance policies are risk-transfer products underwritten and sold by insurance companies – not ordinary commercial contracts....By: Lowenstein Sandler LLP

The U.S. District Court for the Eastern District of Louisiana rejected an effort to avoid arbitration based on Louisiana law. The court held that federal law applied and required arbitration of claims against both domestic and foreign insurers because the issues related to each group of insurers were intertwined....By: Carlton Fields

Financial inclusion remains a particular area of focus for both the FCA and the government, and on 5 November 2025 HM Treasury (HMT) published its awaited Financial Inclusion Strategy....By: Hogan Lovells

This month’s Friday Five covers recent decisions on supplementation of the administrative record, offset of dependent benefits, full and fair review of claim for benefits, and timing of benefits determination, as well as an update from a case discussed in the June Friday Five relating to an insured earnings calculation....By: Saul Ewing LLP

In 2023, Minnesota enacted legislation creating a statewide Paid Family and Medical Leave program (the “Program”), which is set to take effect on January 1, 2026. The law established a publicly administered insurance program that is funded through employer and employee payroll contributions. This change aligns Minnesota with a growing number of states implementing similar programs at the state level....By: Foley & Lardner LLP

For years, the conversation around health insurer consolidation and vertical integration has simmered through antitrust inquiries, oversight hearings, and policy papers. The Patients Over Profit Act (the “POP Act”), introduced in both chambers of Congress this fall, marks a decisive shift. Rather than regulating insurer-provider integration, the POP Act proposes to ban it outright....By: Sheppard Mullin Richter & Hampton LLP

On October 20, 2025, the Financial Services Regulatory Authority of Ontario (“FSRA”) published a substantially revised version of its Rule 2025-001 – Life and Health Managing General Agents (the "Rule”). FSRA stated that many of the changes in the revised Rule respond to stakeholder comments that the original version of the Rule contained ambiguities and imposed compliance obligations that were overly burdensome relative to the anticipated consumer protection benefits, particularly for small and...By: Stikeman Elliott LLP

A recent Missouri Court of Appeals decision provides helpful precedent for liability insurers facing legacy environmental claims and class actions. The court strictly construed the policy period, concluding that claims based on conduct or injury occurring after the expiration of the policy were not covered, even if the underlying contamination began earlier....By: Robinson & Cole LLP

The US District Court for the Northern District of California recently held that an insurer had a duty to defend an online therapy company in a privacy class action, rejecting arguments that “related acts” and “prior knowledge” exclusions barred coverage. The decision clarifies that such exclusions may not apply when new claims allege distinct wrongful acts under a claims-made policy....By: Morgan Lewis

A personal injury claim refers to a legal action brought by someone who has suffered an injury caused by another's negligence, recklessness, or willful misconduct. A large number of California's roughly 50,000 Homeowners Associations (HOAs), the private organizations responsible for governing residential communities, maintaining common areas, and generally enforcing rules, are frequently named in these types of claims....By: Maison Law

Below is Alston & Bird’s Health Care Week in Review, which provides a synopsis of the latest news in health care regulations, notices, and guidance; federal legislation and congressional committee action; reports, studies, and analyses; and other health policy news....By: Alston & Bird

On November 5, the Fed released its draft final notice and memo after it finalized revisions to the large financial institution rating system and the framework for the supervision of insurance organizations (Frameworks). The current Frameworks evaluate firms based on three components: (i) capital planning and positions; (ii) liquidity risk management and positions; and (iii) governance and controls. Each component receives a rating on a four-point non-numeric scale: broadly meets expectations;...By: Orrick, Herrington & Sutcliffe LLP

Health care fraud, public corruption and other types of fraud have emerged as apparent top white collar enforcement priorities of the United States Attorney’s Office for the Northern District of Illinois under the leadership of U.S. Attorney Andrew Boutros....By: Shook, Hardy & Bacon L.L.P.

This issue of McDermott Will & Schulte’s Healthcare Regulatory Check-Up highlights regulatory activity for September 2025, including an update on the Centers for Medicare & Medicaid Services (CMS) Rural Health Transformation (RHT) Program and a new prior authorization demonstration for certain cosmetic services provided in ambulatory surgical centers (ASCs)....By: McDermott Will & Schulte

Join Troutman Pepper Locke Partners John Emmanuel and Zachary Lerner as they kick off Surplus Lines 360, a series that demystifies the evolving landscape of surplus lines insurance. In this video, discover what surplus lines are (and are not), how eligibility works for both domestic and alien insurers, the regulatory dynamics between state and federal oversight, and the expanding reach of surplus lines into other coverage areas. Topics covered include: 0:25 – What surplus lines is not:...By: Troutman Pepper Locke

On November 5, the Federal Reserve Board announced that it had finalized revisions to its Large Financial Institution (LFI) rating system and the Insurance Supervisory Framework that change when a firm is considered “well managed” and recalibrated the enforcement stance tied to weaker component ratings. Under the new approach, a firm with at least two component ratings of Broadly Meets Expectations or Conditionally Meets Expectations and no more than one Deficient-1 will be deemed “well...By: Troutman Pepper Locke

In Frederich v. Trisura Specialty Ins. Co., the 5th Circuit affirmed the granting of Trisura’s Motion for Summary Judgment. That judgement was based on the insurer’s payment of an appraisal award plus interest....By: Zelle LLP

The New York Attorney General’s Office imposition of a $250,000 penalty on MVP Health Care for maintaining an inaccurate mental health provider directory riddled with “ghost” providers. The problem, however, extends beyond New York. The U.S. Department of Health and Human Services’ Office of Inspector General (OIG) recently issued a report revealing that many Medicare Advantage and Medicaid Managed Care plans suffer from the same problem: limited behavioral health networks and a high number of...By: Rivkin Radler LLP