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Federal Judge Dismisses Borrower's Suit Against Chase
OAKLAND, Calif. - A federal judge in California on May 2 dismissed a suit arising from a loan acquired by JP Morgan Chase & Co. (Chase) after Washington Mutual Bank (WaMu) failed, finding that a...
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Law Prohibiting Discretionary Clauses Requires De Novo Review, Federal Judge...
CHICAGO - An Illinois statute prohibiting discretionary clauses in insurance policies applies to a disability policy governed by the Employee Retirement Income Security Act, where the policy was...
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Ohio Federal Judge FindsIssues Of Fact Exist In Food Contamination Suit
CINCINNATI - Because material issues of fact exist in a coverage dispute arising out of an insured's recall of its products potentially contaminated with salmonella, an Ohio federal judge on May 1...
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11th Circuit: Stock Transfer Not Fraudulent; Trustee May Not Recover Money
ATLANTA - A panel of the 11th Circuit U.S. Court of Appeals on May 6 affirmed a ruling that a transfer involving shareholder stock in a bankrupt company was not fraudulent and, therefore, could not be...
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Breach Of Contract Claim Does Not Allege 'Occurrence,' Alabama High Court Says
MONTGOMERY, Ala. - Counterclaims against insureds for breach of contract and negligence regarding cabinetry work do not allege an "occurrence" under a business liability insurance policy, the Alabama...
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Texas Federal Judge Allows Amendment To Add Defendant In Reimbursement Suit
DALLAS - A Texas federal judge on May 2 granted health care providers' motion to amend their complaint against insurance companies in a reimbursement dispute, saying that defendant the plaintiffs...
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5th Circuit: No Error In Revealing Firing To Worker's New Employer
NEW ORLEANS - The City of New Orleans committed no error when it revealed the termination of a former employee to the individual's new employer, the Fifth Circuit U.S. Court of Appeals ruled May 3...
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Appeals Court: 2-Visit Rule Applies To Psychology Services For Medicaid Patients
SACRAMENTO, Calif. - A California appeals court on May 2 held that federal law does not prohibit the application of California's two-visit rule to psychology services provided by federally qualified...
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Illinois Federal Judge Won't Deconsolidate Patent Case From MDL
CHICAGO - An effort by four patent infringement defendants to secure deconsolidation from pending multidistrict litigation (MDL) was denied May 3 by an Illinois federal judge (Unified Messaging...
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Rhode Island Company To Pay $198,500 For Clean Air Act Violations
BOSTON - A Rhode Island-based company that manufactures and distributes natural and synthetic rubber products agreed to pay $198,500 to the U.S. Environmental Protection Agency for violations of the...
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FDA: Valproate Anti-Seizure Drugs Taken During Pregnancy Can Result In Lower IQs
SILVER SPRING, Md. - The Food and Drug Administration on May 6 issued a drug safety communications warning that there is evidence that the anti-seizure drugs valproate sodium, valproic and divalproex...
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4th Circuit: No Jurisdiction Over Foreign Banks In Internet Pharmacy Suit
RICHMOND, Va. - A Fourth Circuit U.S. Court of Appeals panel on May 3 affirmed dismissal of conspiracy and spam violations by four foreign banks, finding the plaintiffs' conspiracy allegations related...
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New York Attorney General Intends To Sue Wells Fargo And Bank Of America
ALBANY, N.Y. - New York Attorney General Eric Schneiderman on May 6 announced that he intends to sue Wells Fargo Bank N.A. and Bank of America N.A. for allegedly violating the terms of the National...
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Panel Upholds Award To Insurer On Contribution To Defense Costs In Defect Case
SAN FRANCISCO - A California appeals panel on May 3 affirmed an award of damages to an insurer regarding another insurer's equitable contribution to the defense of an underlying construction defect...
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Kansas Appeals Panel Revives Negligence Claims In Water Damage Case
TOPEKA, Kan. - The Kansas Court of Appeals on May 3 reinstated negligence claims brought by a homeowner who suffered water damage to his property, finding that the trial court erred in dropping claims...
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Shareholder: Business Judgment Rule Invalid In Directors', Officers' Defense
CHICAGO - The plaintiff in a shareholder derivative lawsuit told an Illinois federal court on May 2 that presuit demand upon a company's board of directors is excused because the business judgment rule...
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Tanning Devices Reclassified; Under 18 Use Discouraged Under Proposed FDA Rule
SILVER SPRING, Md. - The Food and Drug Administration on May 6 proposed reclassifying sunlamp products - more commonly known as tanning beds or tanning booths - from Class I to Class II medical...
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Consumer's ATM Fees Suit Against Citizens Bank Can Proceed, Judge Rules
PITTSBURGH - A federal judge in Pennsylvania on May 6 denied Citizens Bank of Pennsylvania's motion to dismiss a complaint alleging that it violated the Electronic Fund Transfer Fact (EFTA) by...
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Magistrate Judge Certifies Class Of Plant Workers Seeking Wages Under State Law
NEW YORK - A New York federal magistrate judge on May 6 certified a class of food-processing plant employees suing for unpaid wages, overtime and spread of hours compensation under New York state law;...
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ERISA Applies In Dispute Over Benefits Under Converted Policy, Federal Judge...
NEW ORLEANS - The Employee Retirement Income Security Act preempts state law claims by a beneficiary of a life insurance policy, which was converted to an individual policy, on her allegations that the...
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