Employers' Liability Exclusion Endorsement Is Enforceable, 5th Circuit Affirms
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on March 18 affirmed a lower court's finding that a 2003 insurance policy's employers liability exclusion endorsement precludes the insurer's duty...
View ArticleJudge: Insureds Fail To Show Concurrent Cause That Would Defeat Policy Exclusion
LAS VEGAS - Insureds have failed to establish how damages sought in an underlying class action could be attributable to anything other than professional services that are subject to a policy exclusion,...
View ArticlePanel: Loan Guarantees Were Not Actions By Insureds In Their Director Capacities
SEATTLE - Guarantees for a $945,000 loan were purely individual and not actions by insureds in their director capacities, the Ninth Circuit U.S. Court of Appeals held March 13, affirming a lower...
View ArticleInsured's Former Executive Director Entitled To Attorney Fees, Federal Judge...
BLUEFIELD, W.Va. - An insured's former executive director is entitled to recover reasonable attorney fees and costs associated with both his defense against a 2004 civil action filed by the State of...
View ArticleMagistrate Denies Summary Judgment On Bad Faith Claim In E&O Coverage Dispute
BOSTON - A Massachusetts federal magistrate judge on March 14 found that an errors and omissions insurer's performance of initially honoring and then dishonoring a life insurance agent's timely policy...
View ArticlePoor Quality Exclusion Precludes Coverage, 2nd Circuit Affirms
NEW YORK - The Second Circuit U.S. Court of Appeals on March 14 affirmed a lower federal court's ruling that an insurance policy's poor quality exclusion precludes coverage for underlying claims that...
View ArticleJudge Denies Insurer's Motion To Dismiss Suit Arising From Recorded Phone Calls
CINCINNATI - An Ohio federal senior judge on March 12 denied an excess insurer's motion to dismiss a coverage lawsuit arising from underlying claims that an insured recorded customer telephone calls...
View ArticleHorse Owners Violated Equine Mortality Policy Exclusion, 6th Circuit Affirms
CINCINNATI - Owners of a 5-year-old thoroughbred euthanized their horse despite an insurer's offer to take over treatment of the horse and in violation of their equine mortality insurance policy's...
View ArticleIndiana Majority: Insurer Has No Duty To Defend Motel Against Molestation Suit
INDIANAPOLIS - A majority of the Indiana Supreme Court on March 6 found that an insurer has no duty to defend its motel insured against an underlying negligence lawsuit arising from claims that an...
View ArticleCalifornia Jury Awards $8.3M In 1st Reported DePuy ASR Metal-On-Metal Hip Trial
LOS ANGELES - A California state court jury on March 8 awarded $8,338,000 in what is believed to be the first trial involving the recalled DePuy ASR XL metal-on-metal hip, according to the parties...
View ArticleMistrial Declared In 1st Fosamax Femur Fracture Trial Due To Plaintiff Illness
ATLANTIC CITY, N.J. - A New Jersey state court judge on March 18 declared a mistrial in the first trial concerning a femur fracture allegedly caused by Fosamax after the plaintiff suffered a "serious...
View Article46 Aredia / Zometa MDL Plaintiffs Precluded From Seeking Medical Expenses
NASHVILLE, Tenn. - A federal multidistrict litigation magistrate judge ruled March 14 that 46 plaintiffs who claim that they were injured by Aredia or Zometa are precluded from seeking medical expenses...
View ArticleYasmin, Yaz Gallbladder Cases Settled For $24M By Bayer; Payouts Are...
EAST ST. LOUIS, Ill. - Bayer HealthCare Pharmaceuticals Inc. will pay $24 million to resolve claims of plaintiffs who allege that they developed gallbladder disease or underwent gallbladder surgery as...
View ArticleFailure To Update Generic Metoclopramide Label Not Preempted, 6th Circuit Says
CINCINNATI - A plaintiff's claim that PLIVA Inc. failed to add a 2004 warning from the Reglan label to its label for generic metoclopramide is not preempted, a panel of the Sixth Circuit U.S. Court of...
View ArticleGeneric Labels Must Reflect Current FDA Labeling Rules, D.C. Circuit Court Says
WASHINGTON, D.C. - A generic drug's label must reflect the Food and Drug Administration's current labeling requirements and not those found on the label of the "listed" drug on which it is based, a...
View ArticleSupreme Court Questions If New Hampshire Law Escapes Preemption Of Drug Claims
WASHINGTON, D.C. - Several U.S. Supreme Court justices on March 19 questioned whether New Hampshire law allows a design defect claim against a generic drug manufacturer that escapes preemption under...
View ArticleOklahoma Supreme Court: No Federal Preemption Of State Negligence Per Se Claim
OKLAHOMA CITY - An Oklahoma Supreme Court majority on March 19 said that federal law does not prohibit Oklahoma from recognizing a claim for negligence per se based on a violation of federal...
View ArticleCalifornia Appeals Court Reverses Summary Judgment In Femur Prosthesis Case
SACRAMENTO, Calif. - A California appeals panel on March 6 reversed summary judgment in a femur prosthesis case, finding that the plaintiff's metallurgy expert was qualified and that his opinion about...
View ArticleSupreme Court Questions When Untimely Vaccine Claimants Can Get Attorney Fees
WASHINGTON, D.C. - The U.S. Supreme Court on March 19 questioned the federal government about whether a petitioner who made an untimely claim made to the National Vaccine Injury Compensation Program is...
View Article6th Circuit: Dow Corning Can't Get Credits For 8 Payments Made To Settlement...
CINCINNATI - Dow Corning Corp. is not entitled to time value credits that account for the timing of certain payments it made to its silicone gel breast implant settlement trust, a panel of the Sixth...
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