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Panel: Former Shareholder Of Failed Bank's Stock Can't Collect On Award
WASHINGTON, D.C. - An investor who sold his shares in Meritor Savings Bank after the bank went into Federal Deposit Insurance Corp. receivership is not entitled to collect on a $276 million award in a...
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Federal Judge Finds Guaranty Signers Liable For Borrower's Default
LAS VEGAS - A federal judge in Nevada on March 19 granted partial summary judgment to an entity that alleged breach of guaranty agreements after it acquired a loan from a failed bank but denied...
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2nd Circuit: No Statutory Right To Pursue Pattern-Or-Practice Bias Claim
NEW YORK - A District Court erred in concluding that employees have a substantive statutory right to pursue a pattern-or-practice claim, the Second Circuit U.S. Court of Appeals ruled March 21 (Lisa...
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Court: Veterans' Administration Patient May Utilize Co-Worker's Exposure...
CLEVELAND - A Veterans' Administration patient may establish asbestos exposure at a railroad employer through co-worker testimony; his visits to other facilities do not impose the state's "competent...
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Insurer Had No Duty To Indemnify Construction Defect Case, Judge Finds
TAMPA, Fla. - A commercial general liability insurer had no duty to indemnify the settlement of an underlying construction defect action, a Florida federal judge ruled March 20, finding that the...
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Insurer Has Duty To Defend Insureds, Pennsylvania Federal Judge Finds
PITTSBURGH - An insurer has a duty to defend its insureds against underlying claims stemming from environmental contamination because the policy at issue does not clearly exclude coverage for the...
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Associated Press Prevails In New York Copyright Case
NEW YORK - A news service that admittedly took content from The Associated Press (AP) stories is not entitled to a fair use defense to copyright infringement claims, a New York federal judge ruled...
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Arby's Franchisee Properly Alleged Bad Faith In Coverage Dispute, La. Judge...
NEW ORLEANS - Because all of the plaintiffs in an insurance bad faith dispute are based in Louisiana, which is also where the insurance contract at issue was delivered and paid, a Louisiana federal...
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Federal Circuit Says Adverse Inference Sanction Was Erroneous
Q WASHINGTON, D.C. - A Utah federal judge abused his discretion in granting an adverse inference sanction against ASUSTeK Computer Inc. and Asus Computer International (ASUS, collectively), based on...
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7th Circuit Upholds Ruling Denying Sanctions For Loss Of Surveillance Video
CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on March 15 affirmed a federal judge in Wisconsin's decision to deny an inmate's request for spoliation sanctions over three corrections...
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6th Circuit Finds No Error In Decision To Vacate Sanctions Ruling
CINCINNATI - A federal judge in Tennessee did not err in vacating an order imposing sanctions against the state's Medicaid program after he was assigned to the case, a Sixth Circuit U.S. Court of...
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2nd Circuit Finds No Error In Imposition Of Dismissal Sanctions
NEW YORK - A Second Circuit U.S. Court of Appeals panel on March 15 upheld a federal judge in New York's decision to impose dismissal sanctions against a pro se plaintiff in a suit brought under Title...
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Judge Sanctions JP Morgan Over Destruction Of Data In Discrimination Suit
COLUMBUS, Ohio - A federal judge in Ohio on Feb. 28 denied JP Morgan Chase Bank, N.A.'s merit-based motion for summary judgment and imposed an adverse inference jury instruction as a sanction for the...
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Judge Modifies Terms Of Adverse Inference Jury Instruction, Reduces Expenses
WASHINGTON, D.C. - A federal judge in the District of Columbia on March 1 modified the terms of an adverse inference jury instruction imposed against a defendant company that allowed the destruction of...
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Spoliation Issue A Matter For Trial, Magistrate Judge Says In Denying Sanctions
EAST ST. LOUIS, Ill. - The issue of whether employees at the Illinois Department of Corrections (IDOC) willfully destroyed mail receipts requested by a plaintiff inmate is a matter for trial, a federal...
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7th Circuit: Emails Between Justice Department Sections Are Protected Work...
CHICAGO - Emails and memos exchanged between two sections of the U.S. Department of Justice (DOJ) in charge of enforcing environmental laws and defending the government in suits brought under the...
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Washington High Court Finds In Camera Review Merited In First-Party Bad Faith...
OLYMPIA, Wash. - A homeowners insurer was entitled to have a trial court conduct an in camera review of its claims file in connection with a bad faith claim against it, the Washington Supreme Court...
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Magistrate Judge Finds Government Properly Asserted Deliberative Process...
TRENTON, N.J. - A federal judge in New Jersey on March 19 granted the majority of a motion for a protective order filed by the federal government in a $24 million Comprehensive Environmental Response,...
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Magistrate Judge Finds Investigative Reports Are Not Privileged
KANSAS CITY, Kan. - A federal magistrate judge in Kansas overseeing discovery in an employment discrimination suit on March 20 held that investigative reports prepared by the Shawnee County Board of...
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Federal Circuit Says No Subpoenas In Re-examination Proceedings
WASHINGTON, D.C. - A Virginia judge properly quashed two subpoenas issued pursuant to 35 U.S. Code Section 24 in an inter partes re-examination proceeding, the Federal Circuit U.S. Court of Appeals...
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