Woman: Discovery Led To Late Addition Of 15 Years Of Alleged Exposures
BIRMINGHAM, Ala. - Saying she sought to add 15 years of alleged exposure to asbestos only after learning of them in discovery responses, a woman on April 15 argues that a federal judge in Alabama...
View ArticleAsbestos Claims Force Former Valve Manufacturer Into Bankruptcy
WILMINGTON, Del. - Yarway Corp., a former Pennsylvania company involved in the manufacturing of pipe clamps, steam traps, valves and controls, filed for Chapter 11 protection April 22 in Delaware...
View ArticleCompany Embroiled In Asbestos Maritime MDL Files For Bankruptcy
NEW YORK - New York steamship and maritime company A.L. Burbank & Co. Ltd. on April 16 filed notice in the federal asbestos multidistrict litigation that it has filed a voluntary Chapter 7 petition...
View ArticlePrimary Insurer's Policies Cannot Be Stacked, California Appeals Panel...
LOS ANGELES - A primary insurer's policies cannot be stacked because the policies at issue clearly include a "per occurrence" limit and not a "per occurrence per year limit," the Second District...
View ArticleTermination Of Benefits Was Not Arbitrary, Capricious, 11th Circuit Holds
ATLANTA - A disability plan insurer did not violate the Employee Retirement Income Security Act by terminating long-term disability benefits because the insurer reasonably relied on the opinions of an...
View Article6th Circuit Affirms: Widow Lacks Standing In Copyright Dispute
CINCINNATI - A widow's efforts to set aside a default judgment entered in a copyright infringement action in which she was not a party were unsuccessful on May 1, when the Sixth Circuit U.S. Court of...
View Article11th Circuit: Creditors That Filed Involuntary Bankruptcy Required To Post Bond
ATLANTA - A panel of the 11th Circuit U.S. Court of Appeals on May 1 affirmed a bankruptcy court's decision that required creditors who had filed an involuntary bankruptcy to post a $100,000 bond...
View ArticleHSBC To Settle Overtime Class Claims For $15.6M
NEW YORK - A New York federal judge on April 30 granted preliminary approval of a $15,625,000 overtime settlement for HSBC Bank USA N.A., HSBC USA Inc. and HSBC North America Holdings Inc. (together,...
View ArticleInsurer Had No Independent Duty To Investigate Unfair Trade Claims, Judge Finds
BILLINGS, Mont. - A Montana federal judge on April 26 ruled that a professional liability insurer did not neglect to attempt settlement of an underlying debt collection dispute in good faith in...
View ArticleInsurer Not Justified In Denying Fire Claim, Texas Appeals Panel Says
HOUSTON - A trial court erred in granting an insurer's motion for summary judgment on the basis that the insured did not submit to an examination under oath because the insurance policy at issue...
View ArticleCourt Finds Policy Excluded Property Damage Claims Related To Window Work
MILWAUKEE - A Wisconsin appeals court on April 30 affirmed a circuit court's decision in favor of an insurer, finding that coverage claims related to a glass company's allegedly negligent caulking work...
View ArticleFlorida Federal Judge Affirms Order Revoking Facility Billing Privileges
MIAMI - A federal judge in the U.S. District Court for the Southern District of Florida on April 30 affirmed a U.S. Department of Health and Human Services (HHS) ruling that an outpatient...
View ArticleFederal Judge Finds Landlord Had Duty To Maintain Building's Condition
ST. LOUIS - An Illinois federal judge on April 30 refused to grant summary judgment in favor of the owners of a building on claims asserted by an employee, finding that the owners had control over a...
View ArticleJudgment On The Pleadings Granted In Dispute Over 'Honky Tonk' Trademark
HOUSTON - Citing a trademark infringement plaintiff's prior use of a common-law mark, a Texas federal judge on April 30 granted judgment on the pleadings (Mohammad Ayman Jarrah, et al. v. Justin Z....
View ArticleGovernment Seeks Stay Of Plan B Contraceptive Order Pending 2nd Circuit Appeal
BROOKLYN, N.Y. - The federal government on May 1 asked a judge to stay, pending appeal, his order that the Food and Drug Administration make all Plan B emergency contraceptive products available...
View Article2nd Circuit Certifies Tobacco Medical Monitoring To New York Court Of Appeals
NEW YORK - Saying it is unable to predict how state courts would rule, the Second Circuit U.S. Court of Appeals on May 1 certified to the New York Court of Appeals the question of whether medical...
View ArticleFederal Circuit Partly Reverses In Ophthalmic Drug Patent Dispute
WASHINGTON, D.C. - Although a Texas federal judge erred in finding certain claims of a combination ophthalmic drug treatment patent not invalid, several generic drug makers failed to prove by clear and...
View ArticleKodak, Kyocera Settle Patent Dispute For $4.95 Million
NEW YORK - Kyocera Corp. on May 1 agreed to pay $4.95 million to bankrupt Eastman Kodak Co. to settle patent infringement claims and unconditionally release both parties from future litigation...
View Article3rd Circuit: Debtor Fails To State 'Substantial Question' In Bankruptcy Appeal
PHILADELPHIA - A panel of the Third Circuit U.S. Court of Appeals on May 1 refused to hear a debtor's appeal that a district court improperly denied her motion to stay eviction proceedings against her,...
View ArticleCourt: Bankrupt Company Must Find Someone Who Can Verify Responses
LOS ANGELES - A judge must rule on a response to a request for admissions as unverified unless a bankrupt and dissolved asbestos defendant appoints someone with the power to decide whether its attorney...
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