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Florida Appeals Panel: New Trial Necessary For Construction Contract Case
WEST PALM BEACH, Fla. - The Fourth District Florida Court of Appeal on April 24 remanded a construction contract dispute to the trial court for a new trial on damages and a determination of the correct...
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Supreme Court Will Not Hear Equitable Mootness Doctrine Appeal By Debenture...
WASHINGTON, D.C. - The U.S. Supreme Court on April 29 denied a petition for certiorari in which a debenture trust company argued that the Second Circuit U.S. Court of Appeals inappropriately applied...
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Split Colo. Appeals Court: Employers May Fire Employees For Medical Marijuana...
DENVER - Colorado employers are not barred from terminating employees for off-the-job use of medical marijuana, the Colorado Court of Appeals ruled April 25 (Brandon Coats v. Dish Network, L.L.C., Nos....
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9th Circuit Reverses, Remands For Reconsideration Of Breach Of Contract Claim
PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on April 26 reversed and remanded an errors and omissions liability insurance coverage suit for reconsideration of the insured's breach of...
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Judge Remands State's Lawsuit Against Standard & Poor's To State Court
HARTFORD, Conn. - A federal judge in Connecticut on April 24 granted the State of Connecticut's motion to remand a lawsuit alleging that a subsidiary of Standard & Poor's Financial Services LLC...
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Federal Judge Stays Loan Default Suit Pending Nevada Supreme Court Rulings
RENO, Nev. - A federal judge in Nevada on April 25 granted a motion to stay a suit filed to recover on commercial loans issued by a bank that failed, finding that the Nevada Supreme Court's upcoming...
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Government Sues Novartis, This Time For Kickbacks To Doctors For 3 Drugs
NEW YORK - Questioning whether Novartis Pharmaceuticals Corp. is "getting the message," the New York U.S. attorney on April 26 filed his second False Claims Act complaint against the drug manufacturer...
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Federal Circuit: Claim Not Invalid For Indefiniteness
WASHINGTON, D.C. - A New York federal judge erred in granting a defendant's motion for summary judgment of patent invalidity, the Federal Circuit U.S. Court of Appeals ruled April 26 in a dispute over...
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6th Circuit Denies Medicaid Appeal As Moot, Affirms Denial Of Bond Motion
CINCINNATI - A Sixth Circuit U.S. Court of Appeals panel on April 24 dismissed as moot an appeal challenging an order granting a temporary injunction in a Medicaid provider dispute and affirmed the...
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Nebraska Supreme Court: Woman Was Hurt While Receiving Physical Therapy
LINCOLN, Neb. - The Nebraska Supreme Court on April 25 affirmed summary judgment for the defendants in a slip-and-fall injury action, agreeing that the plaintiff's claims were time-barred (Jeanette...
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Mississippi High Court Reverses $1 Million Medical Malpractice Award
JACKSON, Miss. - The Mississippi Supreme Court on April 25 overturned a $1 million award to the estate of a woman who died while hospitalized, finding errors in the trial court's instructions to the...
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6th Circuit Approves Couple's Mobile Home Debt Cramdown, Chapter 13 Plan
CINCINNATI - A panel of the Sixth Circuit U.S. Court of Appeals on April 26 overruled a bankruptcy court and affirmed a debtor couple's Chapter 13 payment plan that proposed cramming down the debt on...
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Justice Finds Exposure Testimony, Blueprints Overcome Summary Judgment
NEW YORK - Evidence suggesting that asbestos-containing valves were installed on ships similar to those a man worked on, combined with testimony regarding the presence of and exposure to dust,...
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Additional Insured Failed To Provide Timely Notice Of Claim, New York Justice...
NEW YORK - A subcontractor's insurer has no duty to defend or indemnify a primary contractor listed as an additional insured because the contractor failed to provide a timely notice of the underlying...
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Judge: Borrowers May Pursue Competition Claim Involving Market-Range Overcharges
SAN FRANCISCO - Allegations that a lender marked up vendor fees and misrepresented the charges as permissible satisfy the California unfair competition (UCL) law's injury-in-fact standard, even when...
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Class Claims Over Reward Program Dismissed Against 1 Of 2 Rental Car Agencies
NEWARK, N.J. - A New Jersey federal judge on April 24 dismissed class claims against one of two rental car companies accused of failing to disclose fees associated with participation in a customer...
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Magistrate: Fact Issues Preclude Judgment On Breach, Fraud In Home Fire Dispute
PHILADELPHIA - Citing a language barrier, among other things, a Pennsylvania federal magistrate judge on April 24 found that sufficient issues exist as to whether a homeowner made intentional...
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Vice Chancellor Denies Motion To Dismiss Shareholder Derivative Case
WILMINGTON, Del. - A Delaware vice chancellor denied a company's directors' and officers' motion to dismiss a shareholder derivative lawsuit on April 25, finding that the shareholder had pleaded...
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No Coverage For Damages Caused By Retention Pond, Ill. Appeals Panel Determines
OTTAWA, Ill. - An insurer has no duty to defend its insureds for an underlying suit alleging damages to cropland as a result of the insureds' construction of a holding pond because the policy...
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Snuff User's Case Dismissed For Lack Of Reliance
GREENVILLE, Miss. - A former snuff user who alleged that tobacco companies misrepresented smokeless tobacco as a safer alternative to cigarettes failed to prove she reasonably relied on those alleged...
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