Judge Reduces Verdict For Employee Made Ill By Mold Exposure
ST. THOMAS, Virgin Islands - A Virgin Islands federal judge on March 22 refused a landlord's request for a new trial in relation to a verdict awarded to an employee of the Virgin Islands Bureau of...
View ArticleInsurance Policy Precludes Coverage For Construction Defects In Condominiums
HOUSTON - A general liability insurance policy excludescoverage for damages sustained in the construction of condominiums, a Texas federal judge ruled March 21, granting summary judgment to the general...
View Article4th Circuit Upholds Dismissal Of Unconscionability Claim Based On Preemption
RICHMOND, Va. - A Fourth Circuit U.S. Court of Appeals panel on March 25 affirmed a federal judge in West Virginia's finding that a woman's claim for unconscionability was preempted by the Home Owners'...
View Article11th Circuit Reverses Part Of Fees Order In Failed-Bank Suit
ATLANTA - The 11th Circuit U.S. Court of Appeals on March 25 agreed with a borrower that a mortgage agreement's plain language requires that attorney fees awarded to the defendant in a failed-bank...
View Article9th Circuit: No Copyright Liability For Mobile Messaging Networks
SAN FRANCISCO - A California judge properly dismissed copyright infringement allegations levied against several owners of mobile multimedia networks, the Ninth Circuit U.S. Court of Appeals ruled March...
View ArticleClass Certified In Suit Seeking More Than $42M For Extra Rental Car Fees
RENO, Nev. - A Nevada federal judge on March 21 certified a class of rental car customers seeking more than $42 million for concession fees paid by the rental car company and passed on to customers as...
View ArticleFederal Judge Dismisses 3 Suits Against FDIC As Failed Bank's Receiver
DENVER - A federal judge in Colorado on March 25 granted motions by the Federal Deposit Insurance Corp., as the receiver for a failed bank, to dismiss three consolidated suits related to a $17 million...
View Article9th Circuit Reinstates Police Officer's Free Speech, Retaliation Suit
PASADENA, Calif. - A California city police officer may proceed with his claims that his pay increase was delayed by the police chief in retaliation for free speech, a Ninth Circuit U.S. Court of...
View ArticleHigh Court Will Not Review ERISA Subrogation Case
WASHINGTON, D.C. - The U.S. Supreme Court on March 25 declined to review an Eighth Circuit U.S. Court of Appeals ruling that a welfare benefit plan may not enforce its subrogation provision as an...
View ArticleJudge Rules In Favor Of Insurers In Coverage Dispute Over Hurricane Ike Damage
HOUSTON - A Texas federal judge on March 25 found in favor of a primary insurer and an excess insurer in an insured's breach of contract and bad faith lawsuit arising from property damage caused by...
View ArticleDOJ, Michigan Move To Dismiss Antitrust Suit Against Blue Cross Over MFN Clauses
DETROIT - Following the Michigan Legislature's passage of bills prohibiting the use of "most favored nation" (MFN) clauses, the United States, Michigan and Blue Cross Blue Shield of Michigan on March...
View ArticleInsured's Settlement Made Without Insurer's Approval Deemed Not Binding
COLUMBIA, S.C. - A South Carolina federal judge on March 21 held that because a policyholder entered into a settlement agreement without his insured's consent, that agreement was not binding on the...
View ArticleJudge Says Reinsurer Need Not Show Prejudice In Late Notice Dispute
NEW YORK - A New York federal judge agreed with a magistrate judge's report and recommendation on March 25 and granted summary judgment to a reinsurer, ruling that the reinsurer did not have to show...
View ArticleRevel AC Casino Files For Chapter 11 Bankruptcy, With $250M In Financing...
TRENTON, N.J. - Bankrupt casino Revel AC Inc. on March 26 filed a disclosure statement for its joint plan of reorganization a day after it filed for Chapter 11 bankruptcy in the U.S. Bankruptcy Court...
View ArticleU.S. Trustee: MF Global Liquidation Plan Fails To Meet Bankruptcy Code
NEW YORK - The U.S. trustee in the Chapter 11 bankruptcy of MF Global Holdings Ltd. (MFGH) on March 25 filed a brief in the U.S. Bankruptcy Court for the Southern District of New York objecting to the...
View ArticleBuilding Compliance Costs Covered Under Insurance Policy, Appeals Panel Finds
TROY, Mich. - Costs to bring a building into compliance with the municipal code following an insured's alleged failure to properly cover the building's roof during repair work was a covered lossunder a...
View ArticleJudge: Recoupment Of Medicare Payments Does Not Violate Bankruptcy Discharge
AIKEN, S.C. - A South Carolina federal judge on March 22 affirmed a ruling by a bankruptcy judge that the withholding of post-petition Medicare reimbursement claims to recoup pre-petition Medicare...
View ArticleWater Contamination Claims Survive Defense Challenges In Indiana Federal Court
SOUTH BEND, Ind. - Claims of Indiana plaintiffs alleging solvent contamination of domestic water wells survived defense motions to dismiss March 25 in the U.S. District Court for the Northern District...
View ArticleMotion To Compel Granted In Part In Ohio Lawsuit For PFOA Water Utility...
COLUMBUS, Ohio - The magistrate judge presiding over the declaratory judgment and indemnification litigation filed by a southern Ohio water utility against DuPont for perfluorooctanoic acid...
View ArticleFederal Judge Refuses To Dismiss Exposure-Related Claims Against Landlords
ST. LOUIS - An Illinois federal court on March 22 denied a motion to dismiss filed by the owners of a commercial rental that allegedly contained mold, finding that a man who worked in the building and...
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