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Ohio Federal Judge Finds Issues 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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Montana Majority Reverses $1.2M Attorney Fee Award In Suit Arising From Suicide
HELENA, Mont. - A majority of the Montana Supreme Court on May 7 reversed a lower court's $1,188,399.45 attorney fee award against a commercial general liability insurer and an excess insurer in a...
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Illinois Panel Partly Reverses Ruling In Coverage Suit Over Priest's Sexual...
CHICAGO - An Illinois appeals panel on May 13 reversed a lower court's summary judgment ruling in favor of a Catholic religious order's general liability insurer in a coverage dispute arising from a...
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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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Panel: No Coverage For Insured's Alleged Loss Of 880 Bales Of Cotton In China
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on May 10 affirmed a lower federal court's ruling that insureds' alleged loss of 880 bales of cotton in China was excluded from coverage under a...
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Judge: Alleged False Statements About Prescription Patch Are Covered Under...
CHICAGO - Underlying claims that an insured made false statements about a competitor's prescription patch trigger an insurer's duty to defend under the policy's "advertising injury" coverage resulting...
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Law Firm Insured Did Not Fraudulently Misjoin Insurer, Judge Rules, Remands Suit
DENVER - A law firm insured did not fraudulently misjoin an insurer in its lawsuit seeking coverage for underlying counterclaims by its former employee, a Colorado federal judge ruled May 6, granting...
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Panel: California Insurance Code Section 533.5 Does Not Preclude Defense Duty
LOS ANGELES - A California appeals panel found May 1 that an insurer cannot avoid its contractual duty to defend a medical director insured against federal criminal charges by relying on California...
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Dewey & LeBoeuf Executives: $19.5M Deal With Insurer Lacks 'Supportable Basis'
NEW YORK - Two former executives with bankrupt law firm Dewey & LeBoeuf on May 2 filed a brief objecting to the more than $19.5 million settlement reached among the Dewey & LeBoeuf Liquidation...
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Judge: Benefits Provider's Coverage Claim Wrongly Cast As Wrongful Acts Claims
DALLAS - An insured "is attempting to transform its D&O $(directors and officers$) liability policy into a first-party policy to provide coverage for its own loss," a Texas federal judge ruled...
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Panel: Exclusion For Coverage Of Errors Arising Out Of Contractual Breach...
CINCINNATI - The Sixth Circuit U.S. Court of Appeals on April 30 affirmed a lower court's finding that an insurance policy's exclusion for coverage of "Public Officials' Errors and Omissions arising...
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Federal Judge Refuses To Dismiss Coverage Suit Prompted By Explosion, Evacuation
SHREVEPORT, La. - A Louisiana federal judge on May 2 denied an insured's motion to dismiss its insurers' lawsuit seeking a declaration that they have no duty to defend or indemnify the insured for...
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Magistrate: Insurer Has No Duty To Defend School Board's Suit Against Insured
ST. LOUIS - A general liability insurer has no duty to defend its city insured against a school board's claims that the insured wrongfully withheld tax revenues, an Illinois federal magistrate judge...
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YouTube Protected By Safe Harbor In Viacom Suit, New York Federal Judge Rules
NEW YORK - A group of copyright holders, headed by Viacom International Inc., failed to establish that YouTube Inc. violated the provisions of the Digital Millennium Copyright Act (DMCA) related to...
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N.Y. Panel Finds No Safe Harbor For Pre-1972 Works In Grooveshark Copyright Case
NEW YORK - A New York appellate panel on April 23 found that the safe harbor from copyright infringement afforded to online service providers by the Digital Millennium Copyright Act (DMCA) does not...
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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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Interactive Website Confers Jurisdiction Over Oregon Crib Company, Judge Rules
SAN DIEGO - Citing evidence that a trademark infringement defendant has sold and shipped products to California consumers while maintaining an interactive website and an in-store presence, a federal...
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Adult Film Firms, Attorneys Sanctioned By California Judge In File-Sharing Case
LOS ANGELES - Calling the plaintiffs and their attorneys in a purported copyright infringement case a "porno-trolling collective," a California federal judge on May 6 issued sanctions of more than...
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Granting Discovery, Judge Takes 'Wait And See' Approach In File-Sharing Case
CLEVELAND - Although an Ohio federal judge on May 3 found it appropriate for a copyright holder to conduct limited discovery on the Internet service providers (ISPs) of Doe defendants in a file-sharing...
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Magistrate Judge Finds Good Cause To Permit Discovery In Ohio File-Sharing Case
COLUMBUS, Ohio - A copyright holder has sufficiently established good cause sufficient to serve subpoenas on the Internet service providers (ISPs) of 36 Doe defendants suspected of participating in...
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