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Panel: Insurer Had Duty To Defend Accountant Against Suit Prompted By IRS Audit
WAUSAU, Wis. - An errors and omissions insurer breached its duty to defend its accounting firm insured against a malpractice lawsuit when it withdrew its defense without first seeking a judicial...
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Benzene Injury Defendants Ordered To Cut 50 Witnesses From Their Trial List
NEW ORLEANS - The judge presiding over a suit alleging that on-the-job exposure to benzene caused chronic lymphocytic leukemia (CLL) responded to a plaintiff motion claiming "trial by ambush" by...
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Lack Of Undisputed Facts Leads Judge To Deny Judgment On Bad Faith, Arson...
MONROE, La. - A Louisiana federal judge on Feb. 25 found there to be insufficient facts before the court to determine that an insurer acted in good faith in denying a homeowner's claim and voiding his...
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Parties Stipulate To Dismissal Of Dispute Over Anti-Piracy Patent
NEW YORK - Less than a month after a New York federal judge denied cross-motions for summary judgment in a patent dispute, a plaintiff and two of three defendants stipulated to dismissal of the action...
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Split 9th Circuit Says State Court Judgment Is Valid Claim In Bankruptcy
SAN FRANCISCO - A divided Ninth Circuit U.S. Court of Appeals panel ruled Feb. 27 that a state court judgment for damages against a debtor is a valid claim in bankruptcy court and is not subject to...
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Judge: Professional Services Exclusion Does Not Apply In Ventilator Failure...
HATTIESBURG, Miss. - A businessowners insurance policy's professional services exclusion is inapplicable in a coverage dispute stemming from underlying claims that the failure of a ventilator and its...
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Motion To Compel Denied In $1.1 Billion In Patent Case
PITTSBURGH - Efforts by a defendant recently ordered by jurors to pay $1.1 billion in patent infringement damages to force a plaintiff to produce privileged documents were rejected Feb. 28 by a...
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2nd Circuit Affirms Dismissal Of Good Faith, Consumer Claims In Borrower's Suit
BOSTON - A Massachusetts couple unhappy with the terms of two mortgages failed to show a lack of good faith and fair dealing prior to the loans being made, and their consumer law claims are barred by...
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9th Circuit Affirms Dismissal Of Copyright Claims Against NBC
SAN FRANCISCO - A California federal judge properly rejected allegations of copyright infringement levied against NBC Universal Inc. and Tailwind Productions Inc. in connection with the defendants'...
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Judge Says Documents Related To Reinsurance Arbitration Will Not Be Sealed
NEW YORK - A federal judge in New York on Feb. 19 denied the defendant's motion to seal certain documents related to a reinsurance arbitration and held that the defendant's assertion that disclosure...
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Judge Dismisses Confidentiality Dispute After Parties Reach Settlement
SYRACUSE, N.Y. - A federal judge in New York on Feb. 27 dismissed a case regarding an arbitration panel's confidentiality order, noting that the parties have settled their disagreement (Utica Mutual...
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Judge Dismisses Count Asking Court To Compel Reinsurer To Arbitrate
CHICAGO - A federal judge in Illinois on Feb. 25 granted the dismissal of the assignee of certain rights under a number of reinsurance agreements' cause of action to compel arbitration against a...
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Insurer Says Reinsurer Must Arbitrate Dispute
NEW HAVEN, Conn. - An insurer urged a Connecticut federal court on Feb. 19 to dismiss a reinsurance case and said the language of three reinsurance agreements at issue shows that a reinsurer has agreed...
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Insurer Asks Court To Order Reinsurer To Post Pre-Pleading Security
NEW HAVEN, Conn. - An insurer asked a Connecticut federal court on Feb. 15 to order a reinsurer to post more than $2 million in pre-pleading security in a errors and omissions reinsurance dispute...
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Insurer Files Counterclaims In Asbestos-Related Reinsurance Dispute
NEW YORK - An insurer said in a New York federal court on Feb. 22 that a reinsurer breached its duty of good faith and fair dealing regarding its alleged obligations under a facultative reinsurance...
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Reinsurer Says It Should Not Be Obligated Under Reinsurance Agreement
NEW HAVEN, Conn. - A reinsurer told a Connecticut federal court on Feb. 13 that its insurer violated a reinsurance agreement and, therefore, the reinsurer is not obligated to pay a certain billing...
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Materiality No Prerequisite To Class Certification In Securities Suit, Court...
WASHINGTON, D.C. - Materiality is not a prerequisite to class certification in a securities class action lawsuit where the plaintiffs are seeking monetary damages for alleged violations of Sections...
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High Court Hears Arguments On Validity Of Arbitration Clause In Antitrust Action
WASHINGTON, D.C. - American Express Co. (AmEx) told the U.S. Supreme Court on Feb. 27 in oral arguments that the Second Circuit U.S. Court of Appeals erred in ruling that a mandatory class action...
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U.S. Supreme Court Agrees To Hear Donning, Doffing Suit
WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 19 agreed to hear the appeal of a class lawsuit over what constitutes "changing clothes" under Section 203(o) of the Fair Labor Standards Act (Clifton...
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3rd Circuit Vacates $35.5 Million Baby Products Price-Fixing Settlement
PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Feb. 19 vacated the approval of a $35.5 million settlement in a baby products price-fixing suit, finding that the district court was apparently...
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