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Judge Finds 'Expense Incurred' Applies To Insured's Medicare-Adjusted Amount

BEAUFORT, S.C. - A health insurance provider properly reimbursed its insured for the actual amount paid to a medical provider after adjustments were made by Medicare, a South Carolina federal judge...

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Judge: Remand Proper Because No Federal Debt Collection Law Claim Made

HARRISBURG, Pa. - Remand of a consumer's harassment lawsuit against a debt collector to state court is proper because the consumer did not allege any violation of federal law, a federal judge in...

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Bankrupt OSG Seeks Injunction Prohibiting Asbestos Claims;

WILMINGTON, Del. - Bankrupt Overseas Shipholding Group (OSG) on April 25 filed a complaint in the U.S. Bankruptcy Court for the District of Delaware seeking a ruling that lawsuits against the company...

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Trade Dress Claims Not Preempted By Copyright Act, Tennessee Judge Says

NASHVILLE, Tenn. - A defendant was denied dismissal of federal trademark and trade dress infringement allegations on April 25, when a Tennessee federal judge found that neither claim is preempted by...

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Novartis Being Investigated For Vaccine Quality Issues At 2 California...

BASEL, Switzerland - Novartis AG on April 24 said it has received a subpoena from the U.S. Attorney's Office for the District of Massachusetts for documents relating to alleged quality issues at the...

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11th Circuit: Borrowers Must Pay Back Money Borrowed From Failed Bank

ATLANTA - The 11th Circuit U.S. Court of Appeals on April 25 affirmed a district court's ruling requiring borrowers to pay back money they borrowed from a bank that subsequently failed, finding that...

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Missouri Panel Affirms Ruling For Insurer In Malpractice Coverage Dispute

ST. LOUIS - A Missouri appeals panel on April 23 affirmed a lower court's finding that a 2009 insurance policy did not apply to the causes of action in an underlying legal malpractice action, further...

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County Mental Health Board Is Immune From Antitrust Suit, Federal Judge Rules

ROCKFORD, Ill. - An action alleging that a community mental health board established by McHenry County, Ill., violated federal antitrust law by demanding recoupment of fees paid from an organization...

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Court: Maryland Guaranty Is Liable For Insolvent Insurer's Settlement Of Claim

ANNAPOLIS, Md. - Maryland Property & Casualty Insurance Guaranty Corp. (PCIGC) is liable to claimants for twice its statutory limit of liability on a claim for a single bodily injury under an...

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New York Justice Creates 3 Groups For Consolidated Trials

NEW YORK - Overlapping work histories, similar types of employment and disease and shared product exposures warrant breaking 15 asbestos cases into three trial groups and two separate trials, a New...

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Federal Judge: Insurer Has No Duty To Defend, Indemnify Association, Board...

HATTIESBURG, Miss. - An insurer has no duty to defend or indemnify its property owners association insured and members of the insured's board of directors against underlying claims that the members...

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Maryland Court Affirms Decision Striking Down Local Cigar Ordinance

ANNAPOLIS, Md. - A county ordinance regulating the sale of single cigars conflicts with and is preempted by Maryland law regulating the same conduct, the state's Court of Appeals said in an April 25...

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Judge Reverses Magistrate Judge's Ruling Finding Proper Joinder

NEW ORLEANS - Under asbestos plaintiffs' argument, "virtually any person could be liable in any case," a Louisiana federal judge held April 23 in reversing a magistrate judge's ruling finding joinder...

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Bankrupt Recycling Company Synagro Seeks Up To $2.64M In Employee Bonuses

WILMINGTON, Del. - Bankrupt Synagro Technologies Inc., which bills itself as the largest recycler of biosolids and organic residuals in the country, on April 25 moved in a bankruptcy court for approval...

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DuPont Board Members Say Shareholder's Derivative Suit Should Be Dismissed

WILMINGTON, Del. - Directors and officers of E. I. du Pont de Nemours Co. told a Delaware federal court on April 23 that a shareholder has failed to adequately plead that presuit demand upon the...

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4th Circuit Affirms Dismissal Of Suit Over Denied Loan Modification

RICHMOND, Va. - A Fourth Circuit U.S. Court of Appeals panel on April 19 agreed with a federal judge in Maryland that plaintiffs failed to state claims against Wells Fargo Bank, N.A., over its refusal...

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11th Circuit Finds No Error In Allowing Mortgage Lending Trial To Proceed

ATLANTA - A federal judge in Florida did not err in awarding judgment to defendants accused of violating the Truth in Lending Act (TILA) and Fair Debt Collection Practices Act (FDCPA) and allowing a...

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Judge Dismisses Wells Fargo From Suit Over Refinanced Mortgage

NEW YORK - A federal judge in New York on April 22 dismissed Wells Fargo Bank N.A. from a lawsuit accusing the lender of violating the Truth in Lending Act (TILA) when originating the refinancing of a...

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6th Circuit: Inflated Appraisal Was Proximate Cause Of Injury

CINCINNATI - A Sixth Circuit U.S. Court of Appeals panel on April 23 reversed an award of summary judgment to a mortgage lender, a mortgage brokerage firm and its principals after finding that an...

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Judge Finds Couple Did Not Suffer Damages From Adjustable-Rate Loan

DETROIT - A federal judge in Michigan on April 22 awarded summary judgment to JPMorgan Chase Bank N.A. (Chase) in a suit brought by a couple claiming that the lender fraudulently provided them with an...

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