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Indiana Appeals Panel Upholds Defense Verdict In Medical Malpractice Case
INDIANAPOLIS - The Indiana Court of Appeals on March 25 affirmed a defense verdict in a wrongful death action brought by the wife of a man who died after allegedly receiving substandard medical...
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Pollution Exclusion Bars Chinese Drywall Claims, Appeals Panel Concludes
RICHMOND, Va. - Noting that the Virginia Supreme Court recently ruled that sulfuric gases released by defective Chinese drywall are pollutants, the Fourth Circuit U.S. Court of Appeal on March 20...
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11th Circuit Panel Affirms No Duty To Defend Developer In Chemical Exposure Suit
ATLANTA - A unanimous 11th Circuit U.S. Court of Appeals panel on March 20 affirmed summary judgment for an insurance company against a Florida developer and the plaintiffs who sued it for exposure to...
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Michigan Court Finds Apartment Damage Was Covered Under Policy
LANSING, Mich. - A Michigan appeals court on March 21 affirmed a trial court's decision that a roofers' insurance policy provided coverage for certain damage sustained at an apartment complex, finding...
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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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Judge 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...
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W.R. Grace Seeks Lump-Sum $900,000 Payment In Deal With U.K. Insurer
WILMINGTON, Del. - Chapter 11 debtor W.R. Grace & Co. will receive one payment of more than $900,000 from one of its insurers for its asbestos trust rather than in periodic payments as claims are...
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Bankruptcy Judge Approves Thorpe's Deals With 2 Insurers Totaling $57 Million
LOS ANGELES - Reorganized Chapter 11 debtor Thorpe Insulation Co. and its asbestos trust received approval March 12 from a California federal bankruptcy judge for two settlements with insurance...
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Architect Barred From Testifying Decay Caused Kansas Bowling Alley Collapse
WICHITA, Kan. - An architect who has no engineering experience cannot testify on behalf of plaintiffs in an insurance coverage dispute that decay contributed to a bowling alley collapse, a federal...
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Maryland High Court Vacates $1B In Punitives in Gasoline Leak Contamination Case
BALTIMORE - Saying plaintiffs claiming contamination of their properties with benzene and methyl tertiary-butyl ether (MTBE) from a leak at an Exxon Mobil Corp. tank farm outside Baltimore failed to...
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New York Appeals Court Says CEO Can Be Held Liable In Benzene Pollution Case
ROCHESTER, N.Y. - A New York appeals court has affirmed a trial court's refusal to dismiss the owner and CEO of a coke manufacturer from a benzene-related lawsuit, saying in a March 15 decision that a...
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Jury Finds For Transit Agency In Benzene Exposure Suit
JERSEY CITY, N.J. - A New Jersey jury on Feb. 7 ruled against a former transit agency employee who said he developed multiple myeloma as a result of exposure to diesel exhaust, benzene and other...
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Benzene Injury Defendants Ordered To Cut 50 Witnesses From Their Trial List
NEW ORLEANS - The judge presiding over a suit alleging that on-the-job exposure to benzene caused chronic lymphocytic leukemia (CLL) responded to a plaintiff motion claiming "trial by ambush" by...
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Shipyard Worker's Family Settles Wrongful Death Claims, Federal Judge Says
NEW ORLEANS - The family of a shipyard worker who died of multiple myeloma has settled for undisclosed terms with all defendants, according to a Louisiana federal judge's March 19 order (William...
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Defendant Says It Makes Good Faith Effort On 'Overbroad' Discovery
NEW ORLEANS - Texaco Downstream Properties Inc. (TDPI) opposes a plaintiffs' motion to compel, saying in a March 12 brief that it has filed a motion for protective order against the plaintiffs'...
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Pipeline Company Ordered To Do Additional Cleanup In Kalamazoo River
CHICAGO - Saying that recoverable oil remains at the bottom of Michigan's Kalamazoo River, the Environmental Protection Agency's Chicago office on March 14 ordered Enbridge Inc. to do additional...
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Policy Excluded Losses From Underground Leaks, Federal Judge Holds
PHILADELPHIA - Business interruption losses while a diesel fuel spill was cleaned up were specifically excluded from an all-risk policy, a Pennsylvania federal judge ruled March 18, and the covered...
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Tenn. Federal Judge Dismisses Benzene Suit After Parties Settle Coverage Claims
MEMPHIS, Tenn. - A Tennessee federal judge on March 8 dismissed a suit regarding coverage obligations for underlying benzene exposure injuries caused by W.M. Barr & Co.'s cleaning products after...
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High Court: Class Certification In Antitrust Case Was Improper
WASHINGTON, D.C. - The U.S. Supreme Court on March 27 ruled 5-4 that a district court may not certify a class action under Federal Rule of Civil Procedure 23(b)(3) without resolving whether the class...
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U.S. High Court: Prison Officers Not Immune From Assault Claims
WASHINGTON, D.C. - The Federal Tort Claims Act (FTCA) waives sovereign immunity for law enforcement officers' acts where a claim arises out of one of six intentional torts where an officer is "acting...
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