Frivolous Lawsuits, Poor Lawyering, or Lawsuits Which are Not Bad Faith?

I recently appeared on a Public Broadcasting Service show discussing the ongoing insurance crisis in Florida. During the segment, an insurance industry expert attributed insurance companies’ skyrocketing premiums, unresolved claims, and financial troubles to what they termed as ‘frivolous lawsuits’, along with the contingent fees of lawyers and public adjusters. As I listened, it struck me how there’s a glaring lack of accountability from the insurance industry’s side in this situation. The truth often seems obscured, with industry representatives habitually … Read the rest

THE BANKRUPTCY COURT’S RULING IS IN: J&J’S TEXAS TWO-STEP DOES NOT CONSTITUTE A BAD FAITH FILING

Last week this author delved into what has become known as the “Texas Two-Step,” the arguments for and against its permissibility and the broader implications for the bankruptcy system.  The discussion focused on an ongoing trial on motions filed in the bankruptcy case of LTL Management, LLC (“LTL” or the “Debtor”), a Johnson & Johnson (“J&J”) subsidiary, by the Official Committee of Talc Claimants and several other parties, seeking an order dismissing the Debtor’s case pursuant … Read the rest