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Judge Rules Against FDIC, Allowing Bank Company To Keep Tax Refund
CLEVELAND - Bankrupt holding company AmFin Financial Corp. (AFC) can keep a $195 million tax refund that the Federal Deposit Insurance Corp. argued belongs to an affiliate bank in the FDIC's...
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Federal Judge Allows Lease Dispute With FDIC To Proceed
ATHENS, Ga. - A federal judge in Georgia on March 26 denied the Federal Deposit Insurance Corp.'s motion for summary judgment in a suit in which an entity that leased space to a bank that failed...
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11th Circuit: Alabama County Employee Failed To Prove Retaliation, Bias Claims
ATLANTA - An Alabama county employee who was criminally charged with improperly collecting overtime pay failed to prove claims of retaliation or bias, the 11th Circuit U.S. Court of Appeals ruled March...
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9th Circuit: Debtors' Plan Not Proposed In Bad Faith
SAN FRANCISCO - A panel of the Ninth Circuit U.S. Court of Appeals on March 25 ruled that a debtor couple did not act in bad faith when it proposed their Chapter 13 payment plan despite the fact that...
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No Coverage Owed For Underlying Pollution Suits, Panel Determines
NEW ORLEANS - An insurer has no duty to defend or indemnify its insured for underlying lawsuits arising out of dust and particulate pollution discharged by the insured because the policies' pollution...
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Michigan Federal Judge Denies Temporary Injunction In Birth Control Suit
DETROIT - A Michigan federal judge on March 22 denied an emergency motion for a temporary injunction brought by a natural foods company and its owner, who are seeking to halt the implementation of the...
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Judge Allows Woman To Allege Damages From Forbearance Agreement
BOSTON - A federal judge in Massachusetts on March 25 allowed a woman to amend her lawsuit against Wells Fargo Bank N.A., doing business as America's Servicing Co., to allege damages she sustained as a...
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Visa, MasterCard, Banks Oppose Motion To Alter Judgment In ATM Fee Antitrust...
WASHINGTON, D.C. - Visa, MasterCard and several banks on March 22 opposed a motion to alter the judgment of a federal judge in the District of Columbia dismissing actions brought by independent...
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Georgia Appeals Panel: Hearsay Evidence Improperly Allowed In Malpractice Case
ATLANTA - The Georgia Court of Appeals on March 26 reversed a defense verdict in a medical malpractice action involving foreign materials being left behind in a woman's brain after surgery, concluding...
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Judge Dismisses Contribution Case Against Insurer Based On Rehabilitation Order
FRESNO, Calif. - A California federal judge on March 25 dismissed a contribution action against an insurer regarding defense costs of a mutual insured pursuant to a rehabilitation order entered against...
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Textbook Publisher Denied Dismissal Of Copyright Claims In Colorado
DENVER - Pearson Education Inc. will face allegations of copyright infringement levied by a photo agency in Colorado federal court, a federal judge ruled March 26 (Viesti Associates Inc. v. Pearson...
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Judge: Loan Assignees Cannot Be Held Liable Over Loan Origination
DETROIT - A federal judge in Michigan on March 26 dismissed a woman's lawsuit against the Federal Home Loan Mortgage Corp. (Freddie Mac) and Bank of America N.A. (BANA), finding that they cannot be...
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Lack Of Record Evidence Dooms Restaurant Owner's Bad Faith Claim, Judge Rules
PHILADELPHIA - A man whose business was damaged by a fire failed to establish any of the grounds for alleged bad faith against his commercial insurance provider, a Pennsylvania federal judge ruled...
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Federal Judge Converts London Arbitration Award Amounts To U.S. Currency
WASHINGTON, D.C. - A District of Columbia federal judge on March 26 granted a Nigerian corporation's request to amend a judgment that confirmed a $252 million London arbitration award in its favor and...
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Judge: Lead Plaintiff Failed To Plead Scienter In Making Securities Law Claims
BALTIMORE - A federal judge in Maryland on March 26 dismissed a lead plaintiff's securities class action complaint against a drug company and others, ruling that the lead plaintiff failed to properly...
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Calif. Top Court Declines Competition Law Mid-Term Insurance Cancellation Case
SAN FRANCISCO - According to its docket, the California Supreme Court on March 27 denied a petition challenging a finding that failure to disclose the method of calculating refunds for mid-policy...
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Magistrate Refuses To Sanction Bankrupt Company For Production Failures
DANVILLE, Va. - A federal magistrate judge in Virginia has denied one tobacco company's attempt to collect more than $78,000 in attorney fees as a sanction from a bankrupt tobacco company for...
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Federal Judges Dismisses Insurers' Suit To Avoid Duplication Of Judicial Effort
HELENA, Mont. - A Montana federal judge on March 22 dismissed commercial general liability insurers' declaratory judgment lawsuit against The Roman Catholic Bishop of Helena, finding that "accepting...
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Issues Of Fact Remain On Late Notice Issue, N.Y. Appeals Panel Determines
NEW YORK - Because issues of fact exist as to whether insurers waived their right to disclaim coverage based on late notice in an environmental contamination coverage suit, summary judgment in favor of...
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11th Circuit Affirms Judgment For Employer Accused Of Harassment, Bias
ATLANTA - A Georgia man failed to prove his claims of sexual harassment, gender bias and retaliation that he filed against his former employer, the 11th Circuit U.S. Court of Appeals ruled March 25,...
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