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Louisiana Panel Reverses Ruling That Sustained Insurer's Exception Of...
GRETNA, La. - A Louisiana appeals panel on April 10 reversed and remanded a lower court's ruling that sustained a homeowners insurer's exception of prescription in an insured's lawsuit seeking coverage...
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Alleged Wife Killer Gets New Trial; Miss. Court Says Re-Creation Was Prejudicial
JACKSON, Miss. - The Mississippi Supreme Court on April 11 ordered a new murder trial for a man who claimed that he accidentally killed his wife while running to shoot a beaver in their yard (David W....
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Infringement, Cybersquatting Claims In 'Space Walk' Dispute Partly Dismissed
NEW ORLEANS - A maker of inflatable amusements saw its trademark and cybersquatting claims dismissed by a Louisiana federal judge on April 11 because it did not own the mark at issue in the lawsuit...
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Judge Rules On Discovery Requests In Coverage Suit Over Wrongful Discharge Claim
SEATTLE - A Washington federal judge on April 12 granted in part and denied in part an insured's motion to compel discovery from its insurer in a dispute over coverage for claims that the insured...
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Trinity Place Argues Bankrupt Clothing Store Syms Not Responsible To Pay Rent
WILMINGTON, Del. - Trinity Place Holdings Inc., an entity formed out of bankrupt Syms Corp., on April 11 filed a brief in the U.S. Bankruptcy Court for the District of Delaware, arguing that Syms...
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Federal Judge Denies Stay In Fair Debt Collection Practices Act Lawsuit
SACRAMENTO, Calif. - A federal judge in California on April 12 denied a consumer's motion to stay the judge's ruling on a motion for summary judgment pending the conclusion of discovery in a Fair Debt...
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Judge Won't Certify Class Challenging Collection Practices Of Debt Collector
CHICAGO - A federal judge in Illinois on April 12 denied a consumer's motion to certify three classes of plaintiffs in a class action lawsuit challenging the collection practices of a debt collector,...
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Summary Judgment Denied, Plaintiff Experts Survive In Talc/Ovarian Cancer Case
SIOUX FALLS, S.D. - A South Dakota federal judge on April 12 denied summary judgment to Johnson & Johnson in a case in which a plaintiff alleges that she developed ovarian cancer caused by the...
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Insurer Properly Inspected, Denied Coverage For Water Damage, Judge Concludes
BIRMINGHAM, Ala. - An insurer established that it properly inspected property to determine that a loss was not covered and properly relied on a water damage exclusion to deny coverage, an Alabama...
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Arbitration Ordered In Mechanic's Class Suit Seeking Overtime
FLINT, Mich. - A Michigan federal judge on April 12 granted a motion to compel arbitration in a class wage dispute, finding that the employment agreement signed by the lead plaintiff was binding...
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Split U.S. High Court: Individual, Collective Claims Mooted By Judgment Offer
WASHINGTON, D.C. - Individual and collective claims by the sole named plaintiff in a wage-and-hour collective action were rendered moot once her employer offered judgment in an amount that represented...
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High Court: Plan Terms Govern ERISA Reimbursement Action Based On Equitable Lien
WASHINGTON, D.C. - The U.S. Supreme Court on April 16 ruled that a health plan administrator's claim for reimbursement against a plan participant under Employee Retirement Income Security Act Section...
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Panel: California Insurance Code Does Not Bar Insurer From Enforcing Provision
PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on April 15 held that Section 554 of the California Insurance Code does not bar a professional liability insurer from enforcing its policy's...
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4th Circuit Rejects Loan Servicers' Appeal Of Arbitration Denial
RICHMOND, Va. - The Fourth Circuit U.S. Court of Appeals on April 11 affirmed a district court's dismissal of a petition to compel arbitration of state law claims brought by borrowers against "payday"...
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Federal Judge Allows Debt-Collection Suit To Proceed
FLINT, Mich. - A federal judge in Michigan on April 12 allowed a consumer's Fair Debt Collection Practices Act (FDCPA) and Michigan Occupational Code (MOC) claims against a collection agency to stand,...
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Magistrate Judge Recommends Dismissal Of Counterclaims In Lago Agrio Judgment...
NEW YORK - A magistrate judge recommended in a report issued April 15 that counterclaims filed by a plaintiffs' attorney sued by Chevron Corp. in the U.S. District Court for the Southern District of...
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Debt Collector Entitled To Bona Fide Error Defense, Judge Rules
LYNCHBURG, Va. - Summary judgment in a Fair Debt Collection Practices Act (FDCPA) lawsuit against a debt collector is proper because the defendant has shown that its failure to include certain...
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Louisiana Federal Judge Affirms Denial Of Benefits, Says Plan Excluded Coverage
LAFAYETTE, La. - A Louisiana federal judge on April 11 granted summary judgment in favor of a health insurance company in a wrongful denial of benefits case, agreeing with the insurer that the plan...
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Hawaiian Court Finds Insurer Had No Duty In Relation To Mold Action
HONOLULU - A Hawaiian appeals court on April 15 affirmed trial court decisions that found that an insurer had no duty to indemnify a building company and another insurer under various policies for a...
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Bankruptcy Judge: ResCap's $7.8M In Bonuses For Key Employees Approved
NEW YORK - The federal bankruptcy judge presiding over the Chapter 11 case of Residential Capital LLC (ResCap) on April 16 approved the payment of $7.8 million in bonuses (In Re: Residential Capital...
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