Insurance

Reema Bajaj

* In his year-end report, Chief Justice Roberts politely asked Congress to make it rain on the federal judiciary in fiscal year 2014, because “[t]he future would be bleak” without additional funding. [Reuters]

* Utah finally asked for Supreme Court intervention in its quest to stop gay couples from marrying, but Justice Sotomayor wants a response from the other side before she weighs in. WWSSD? [BuzzFeed]

* Perhaps Justice Sotomayor saw the humor in this: she just gave a group of nuns a temporary reprieve from having to give out birth control to a bunch of women who have taken vows of chastity. [Bloomberg]

* Where in the world is Carmen Sandiego Steven Davis? Oh boy, Dewey have some news for you! The failed firm’s former chairman is now the chief legal representative for Ras al Khaimah in the United Arab Emirates. [WSJ Law Blog]

* “The Second Amendment does not preclude reasonable regulation.” A judge upheld the majority of New York’s new gun laws as constitutional. Opponents are ready to lock and load on appeal. [New York Times]

* Just because your law school isn’t ranked, it doesn’t mean you can’t dream big. Case in point: one of this year’s Skadden Fellows will graduate from John Marshall (Chicago) this spring. [National Law Journal]

* Reema Bajaj, the attorney who pleaded guilty to a prostitution charge, decided that she wasn’t in the mood to ride this Johnson any longer. Like her panties, the case has been dropped. [Daily Chronicle]

The Michigan Legislature recently passed the “Abortion Insurance Opt-Out Act” into law. Under the new law, women and employers must buy an optional insurance rider for abortion coverage. Abortions will only be covered without a rider if the mother’s life is in medical danger. The law also specifically allows for the treatment of miscarriages and ectopic pregnancies.

Detractors referred to the bill as requiring “rape insurance.” Michigan Senate Minority Leader Gretchen Whitmer (D – East Lansing) said, “This tells women that were raped and became pregnant that they should have thought ahead and planned for it.”

If there were such a thing as rape insurance, I surely would buy it. What woman (or likely future prison inmate) wouldn’t? No, this is abortion insurance, not rape insurance.

What the opponents of the new Michigan law seem to conveniently overlook when choosing their inflammatory and misleading rhetoric: (1) Abortion does not fully, meaningfully address the harms of rape. (2) Rape does not necessarily, or even usually, involve abortion. (3) Foreseeing an individual need for abortion insurance does not require extraordinary foresight. But let’s look a little more closely at what’s going on in Michigan . . . .

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Megyn Kelly of Fox News

* “Those of us from the Midwest think it’s actually easier to hide a child in New York.” Many of the current Supreme Court justices are from New York. How does it affect their jurisprudence? [Washington Post]

* The percentage of women associates in law firms may be down nationally, but in California, the demographic is on the rise — except in Silicon Valley, which is really hardly surprising. [The Recorder]

* Megyn Kelly, who’s been compared to a “brilliant supermodel,” is now considered the brightest star on Fox News, with more than 2.5 million viewers. Albany Law School must be so proud. [Washington Post]

* Class action powerhouse Cohen Milstein Sellers & Toll hired Matthew S. Axelrod of DOJ fame (most recently as Associate Deputy Attorney General) to join the firm as a partner. Congrats! [Law360 (sub. req.)]

* “The fact that rape insurance is even being discussed by this body is repulsive.” Yep. Rape insurance. Apparently that’s a thing in Michigan now, which is pretty unbelievable. The more you know. [MSNBC]

* Here’s a helpful hint for our readers: when you’re trying to get released on bail prior to your jewel heist trial, you probably shouldn’t list your occupation on a court form as “jewelry thief.” [Los Angeles Times]


* You’d think that when discussing major reforms to the patent system, the director of the USPTO would be there, but you’d be wrong. You’d also be wrong if you thought we had a director right now. [National Law Journal]

* Welcome to the future of Biglaw: Allen & Overy has realized that it’s a waste of money to keep hiring in a weak market, so the firm is recruiting its alumni to serve as contract attorneys in times of higher legal demand. [Legal Week]

* Dean Gregory Maggs, the interim leader of George Washington University Law, is being lauded for increasing first-year enrollment by 22 percent in a time of crisis. Excellent work, sir. You flood that job market. [GW Hatchet]

* Just because you have a law degree doesn’t mean you’re “entitled to rise up and become partner.” Getting a job in the new normal involves having a good attitude and social graces. [WSJ Law Blog]

* Ladies, if you get pregnant after a fling with an Olympic medalist and move out of state, please know your “appropriation of the child while in utero [will be deemed] irresponsible, reprehensible.” [New York Times]

* GTL stands for “Gym, Tan, Laundry,” but the owner of these Jersey Shore clubs thinks it stands for “Gym, Tan, Lawsuit” — thanks to losses uncovered by its insurer in the wake of Hurricane Sandy. [Newark Star-Ledger]

That a major law firm would engage in such shenanigans distresses us. The firm’s argument regarding the amendment to the National Union insurance policy is censurable, and we hereby censure it.

– Judge Richard Posner, writing on behalf of a three-judge panel of the Seventh Circuit, issuing a harsh benchslap to Cadwalader Wickersham & Taft for the firm’s “frivolous interpretation” of an endorsement to its client’s Commercial General Liability insurance policy.

Does anyone really like insurance companies? The answer is, of course, no. Sure, some people tolerate their carriers, but no one really likes them.

Probably because they do things like send lawyers to watch trials and creep out the jury.

That’s the charge in this case, where the judge called the observing lawyer to the stand to confront him over the jury’s concern that he was “stalking” them.

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There’s no better way to introduce this story than by reprinting the opening paragraph of the Sixth Circuit opinion by Judge Raymond Kethledge (citation omitted):

There are good reasons not to call an opponent’s argument “ridiculous,” which is what State Farm calls Barbara Bennett’s principal argument here. The reasons include civility; the near-certainty that overstatement will only push the reader away (especially when, as here, the hyperbole begins on page one of the brief); and that, even where the record supports an extreme modifier, “the better practice is usually to lay out the facts and let the court reach its own conclusions.” But here the biggest reason is more simple: the argument that State Farm derides as ridiculous is instead correct.

Trolls. So. Hard.

Want to know the argument that set off the panel? “Like a Good Neighbor, State Farm is there… with a detailed explanation!

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Ed. note: This is the latest installment in a series of posts on lateral partner moves from Lateral Link’s team of expert contributors. Today’s post is written by Michael Allen, the Managing Principal of Lateral Link, who focuses exclusively on partner placements with Am Law 200 clients.

A day in the life of an English litigator just got considerably more complex. Lord Justice Jackson’s year-long appraisal of English litigation ended in 2009 and culminated in a set of new rules dubbed the Jackson Reforms. These eponymous reforms are being heralded as revolutionary, yet the full impact of the reforms has yet to be ascertained. While opinion is divided on the impact of these reforms, we have seen a very tangible ripple in the frequency of U.K.-based movement from litigation partners over the last few years.

As you are all aware, the U.S. legal system is based on British Common Law. While many facets of our systems are congruent, litigation financing diverges significantly between the two countries.

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Insurance fraud committed by someone who should know better is one thing. But on top of that, this case features allegations of assault, foreign retaliatory detentions, computer hacking, extortion, spurned lovers, and revenge.

This former Biglaw partner left the practice complaining of back injuries that forever closed the door to the profession. In 2002, the carrier got a request to provide long-term disability benefits. But the carrier never really trusted the partner — because who really trusts lawyers — and conducted video surveillance and multiple independent medical examinations.

Late last week, a federal appeals court sided with the insurance company, agreeing that the partner was more than likely faking it and writing up the whole scandalous tale….

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You knew this day would come. You knew that eventually, eating nothing but delivery meals from Seamless would take its toll. When you were a first-year associate, the world was a different place. You didn’t have problems zipping up your pants. Your blouses weren’t gaping between buttons. Your clothes actually fit you properly. Now, you’re lucky if you can manage to squeeze yourself into them.

A legal career can be extremely hazardous to your waistline, and you learned that the hard way. It’s a high-stress, sedentary profession, but somebody’s got to do it. Unfortunately, that somebody was you.

So how can you possibly fix what you’ve done to yourself? You don’t have the time. There are only 24 hours in a day, and more than half of them are spent at your desk. One law firm may have an answer…

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