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Owner Of Withdrawing Employer Is Liable For Assessment, 7th Circuit Rules
CHICAGO - The owner of a company that withdrew from a multiemployer plan is personally liable for the company's withdrawal liability under the Employee Retirement Income Security Act, as amended by the...
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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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Policy Termination Negates ERISA Claims In Life Insurance Dispute, Judge Rules
PIKEVILLE, Ky. - Because a decedent's life insurance policy had been canceled prior to her death, a Kentucky federal judge on April 30 held that the policy beneficiaries' claims brought under the...
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High Court Won't Review Ruling That Retirees Not Estopped From Litigating Claim
WASHINGTON, D.C. - The U.S. Supreme Court on April 22 declined to review a Sixth Circuit U.S. Court of Appeals ruling that retired employees are not precluded from litigating for themselves the...
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Plaintiffs Seek Approval Of $153M Securities Settlement With Fannie Mae, KPMG
WASHINGTON, D.C. - Lead plaintiffs in a securities class action lawsuit against Fannie Mae and accounting firm KPMG LLP on May 7 asked a federal judge to approve a $153 million settlement that would...
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N.Y. Majority: Priest's Alleged Sexual Abuse Acts Constituted Multiple...
ALBANY, N.Y. - A majority of New York's highest court held May 7 that incidents of alleged sexual abuse by a priest constituted multiple occurrences and any potential liability should be apportioned...
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Chapter 11 Debtor Yarway Sues To Insulate Tyco From Derivative Asbestos Claims
WILMINGTON, Del. - New Chapter 11 debtor Yarway Corp. filed an adversary complaint May 6 in Delaware federal bankruptcy court seeking to halt hundreds of asbestos personal injury actions filed against...
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Panel: Insurance Agent Lacks Standing To Bring Claims Over Agreement Changes
PHILADELPHIA - An insurance agent and an insurance agent association lack standing to assert declaratory relief claims against an insurer regarding changes made to an agent agreement between the...
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Ohio Appeals Panel Finds Fact Issues In Homeowners Dispute, Reverses Judgment
AKRON, Ohio - A trial court prematurely disposed of a policyholder's breach of contract claim against his homeowners insurance provider, a panel of the Ninth District Ohio Court of Appeals found May 6,...
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New York Justice: Insufficient Evidence Links Bakelite To Kentucky Facility
NEW YORK - A widow alleging that her deceased husband suffered asbestos exposure after emigrating to the United States from the Ukraine has not shown that a company used a defendant's...
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Justice Finds Questions Exist Regarding Manufacturing Of Asbestos Floor Tile
NEW YORK - Conflicting evidence about when a company ceased manufacturing asbestos-containing floor tile creates material questions of facts, a New York justice held in an opinion posted May 7 (Timothy...
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Dewey & LeBoeuf Liquidating Trustee: Motion To Strike Declaration 'Frivolous'
NEW YORK - The liquidating trustee in the Chapter 11 bankruptcy of former law firm Dewey & LeBoeuf on May 8 filed a brief arguing that a motion to strike his declaration pertaining to the more than...
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No Coverage For Water Damages Caused By Rain, N.Y. Justice Says
NEW YORK - No coverage exists for an insured's claim for water damages caused by a rainstorm because the policy at issue includes a rainstorm exclusion and precludes coverage for water damages caused...
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Pennsylvania Federal Judge Will Bifurcate Copyright Claims
PHILADELPHIA - A "massive" copyright infringement case involving 2,395 different claims will be bifurcated with a "mini-trial," a Pennsylvania federal judge ruled May 7 (Grant Heilman Photography Inc....
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California Judge Denies Sanctions In Lead Discovery Dispute
SAN JOSE, Calif. - A California judge on May 3 issued a minute order denying sanctions against several plaintiff municipalities regarding spoliation of evidence in the complex lead paint nuisance...
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2nd Circuit Panel Affirms Dismissal Of Market Manipulation Claim
NEW YORK - A split Second Circuit U.S. Court of Appeals panel on May 7 affirmed in part a federal district court's ruling dismissing federal securities law claims against a defendant in a market...
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2nd Circuit Affirms Court's Ruling On Most Claims In Market Manipulation Suit
NEW YORK - A federal judge did not err in dismissing state and federal securities law claims against a majority of defendants in a market manipulation scheme lawsuit, but erred in dismissing the state...
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10th Circuit Concludes Ski Resort's Release Form Is Enforceable In Injury Action
DENVER - The 10th Circuit U.S. Court of Appeals on May 7 affirmed a trial court's decision to drop negligence claims against a ski resort in a premises liability case, agreeing that a liability release...
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2nd Circuit: Lender Violated Automatic Stay 'Willfully' By Repossessing Vehicle
NEW YORK - A panel of the Second Circuit U.S. Court of Appeals on May 8 ruled that a credit union that repossessed a debtor's vehicle willfully violated the automatic stay provision in the Bankruptcy...
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Federal Judge Vacates Default Judgment Against Student Loan Debtor
CENTRAL ISLIP, N.Y. - A federal judge in New York on May 7 vacated a default judgment awarded against a student loan debtor, finding that the debtor's default was not willful, that he has stated a...
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