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Group Sues To Obtain Copies Of EPA Regional Administrator's Emails
WASHINGTON, D.C. - Competitive Enterprise Institute (CEI) on May 2 filed a Freedom of Information Act (FOIA) suit in the U.S. District Court for the District of Columbia, seeking to compel the U.S....
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Judge: Insurers Have No Duty To Defend Against Environmental Claims
HOUSTON - An insured is not entitled to coverage for an administrative action initiated by the U.S. Environmental Protection Agency because the administrative action does not constitute a lawsuit as...
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Stone Dust Not Included In Policy's List Of Pollutants, R.I. Judge Says
PROVIDENCE, R.I. - A Rhode Island judge on April 18 denied an insurer's motion for summary judgment after determining that some underlying claims may be covered by the policy and noting that stone dust...
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Judge Finds No Jurisdiction Over Third-Party Claims In Contamination Coverage...
SAN FRANCISCO - For the second time, a California federal judge on April 16 dismissed insureds' third-party claims against an insurer in a dispute over coverage for environmental contamination claims,...
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Missouri Law Applies To Lead Contamination Dispute, Appeals Panel Determines
ST. LOUIS - The Eastern District Missouri Appeals Court on April 16 determined that Missouri law, not New York law, should be applied to a coverage dispute regarding environmental contamination caused...
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Post-Settlement Attempts To Assert Bad Faith Constitute A Breach, Judge Rules
NEW ORLEANS - The Housing Authority of New Orleans (HANO) breached a 2009 settlement agreement with its commercial liability insurer by seeking to reassert claims for defense costs and bad faith...
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Rooker-Feldman Doctrine Bars Creditor's Secured Claim, 8th Circuit Rules
ST. LOUIS - A panel of the Eighth Circuit U.S. Court of Appeals on May 9 ruled that a bankruptcy court properly applied the Rooker-Feldman doctrine in ruling that a creditor's administrative expense...
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Magistrate Judge: Plaintiffs Can't Share Discovery Across 5 Related MDLs
CHARLESTON, W. Va. - A West Virginia federal magistrate judge overseeing five pelvic mesh multidistrict litigations on May 9 denied a plaintiffs' motion to modify pretrial orders to allow them to...
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Bowel Prep Claim Began To Run With Doctor's Observation, Calif. Appeals Panel...
SACRAMENTO, Calif. - A doctor's statement that a bowel preparation drug resulted in a patient needing kidney dialysis was enough for a plaintiff to suspect wrongdoing, a divided California appeals...
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Judge: Fraudulent Billing Not Professional Service Or Negligent Act Under Policy
TACOMA, Wash. - Underlying False Claims Act (FCA) claims against an insured were for fraudulent billing practices, which are not considered professional services or negligent acts under a medical...
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Wash. Federal Judge: Debt Collector Failed To Prove Dismissal Of TCPA Class Suit
SEATTLE - A debt collector failed to prove its motion to dismiss a Florida woman's class complaint that alleged repeated automated calls to her cellular phone violated federal law, a Florida federal...
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Judge: Untimely Response Does Not Change Standard Of Review
LOUISVILLE, Ky. - A deemed denial after an insurer's failure to issue a timely decision as required under ERISA is not a default for a change of the standard of review, a Kentucky federal judge ruled...
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Lead Plaintiffs Pleaded Scienter, Loss Causation In Securities Suit, Judge Rules
ST. LOUIS - Lead plaintiffs in a securities class action against a drug company and certain of its current and former executive officers have properly pleaded scienter and loss causation in making...
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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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2nd Circuit Overturns Portion Of Its Opinion In SEC Market Timing Suit
NEW YORK - A U.S. Supreme Court ruling affirmed only a portion of a federal district court's dismissal of claims in a Securities and Exchange Commission lawsuit against a portfolio manager and another...
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Investor Failed To Plead Federal Claims In Securities Lawsuit, Judge Rules
NEW YORK - An investor has failed to plead any of his federal securities law claims in arguing that a brokerage firm and certain of its executive officers engaged in a scheme to defraud him of his...
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Panel Affirms Grant Of Class Certification In Securities Lawsuit
NEW ORLEANS - A federal district court did not err in granting class certification in a securities class action lawsuit because price impact evidence does not bear on the inquiry into whether common...
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Lead Plaintiff Failed To Plead Recklessness In Securities Suit, Judge Rules
NEW YORK - A federal judge in New York on April 25 dismissed a lead plaintiff's second amended securities class action complaint against certain current and former executive officers of Eastman Kodak...
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Judge: Lead Plaintiffs Failed To Plead Federal Securities Law Claims
MIAMI - Lead plaintiffs in a securities class action lawsuit against a cruise line and several of its executive officers have failed to plead any of their federal securities law claims relating to the...
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