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Federal Magistrate Denies Insurer's Motion To Set Aside Appraisal Award
SHERMAN, Texas - A Texas federal magistrate judge on March 25 denied an insurer's motion to set aside an appraisal award for wind damage to its insureds' roof, but found that the insurer has raised a...
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Judge: Lead Plaintiff Failed To Plead Any Of Its Federal Securities Law Claims
NEW YORK - A federal judge in New York on March 25 dismissed a lead plaintiff's securities class action complaint, ruling that it failed to properly plead any of its federal securities law claims (In...
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Judge: Insureds' Negligent Misrepresentation Claim Against Insurance Agent Fails
ST. LOUIS - Insureds fail to sufficiently assert third-party claims for negligent failure to procure insurance and negligent misrepresentation against their insurance agent, a Missouri federal judge...
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Supreme Court Won't Review Patent Exhaustion Ruling
WASHINGTON, D.C. - A February 2012 ruling by the Federal Circuit U.S. Court of Appeals that patents are not exhausted as to products that are manufactured and sold in a foreign country remains intact,...
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Magistrate Judge Declines To Stay Discovery For Insurance Guaranty...
DENVER - A stay of discovery in favor of a ruling on motions for summary judgment and dismissal filed by the ColoradoInsurance Guaranty Association (CIGA) in a reimbursement lawsuit will not resolve...
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Louisiana Appeals Panel: Homeowners Not Liable For Staircase Collapse
BATON ROUGE, La. - The First Circuit Louisiana Court of Appeal on March 27 affirmed summary judgment for homeowners named in a personal injury case involving the collapse of newly constructed stairs,...
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San Bernardino Sues State Of California, Alleges Violation Of Automatic Stay
RIVERSIDE, Calif. - The bankrupt city of San Bernardino, Calif., on March 26 sued the State of California, contending that the state is violating the automatic stay by demanding payment from the city...
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Peregrine Trustee Seeks To Compel Financial Adviser To Produce Documents
CHICAGO - The trustee in the Chapter 7 bankruptcy of Peregrine Financial Group Inc. on March 25 moved in the U.S. Bankruptcy Court for the Northern District of Illinois to compel Halyard Capital...
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Panel: Plaintiff's Law Firm May Be Liable For Sanctions In Securities Lawsuit
CHICAGO - A law firm may be responsible for Federal Rule of Civil Procedure 11 sanctions in a securities class action lawsuit for its conduct regarding the use of a confidential witness who ended up...
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Judge Dismisses Claims From Former Bank Directors' Insurance-Coverage Suit
FRESNO, Calif. - A federal judge in California on March 26 dismissed the reformation and punitive damages claims from a suit in which the former directors of the failed County Bank sued Bancinsure Inc....
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Partial Conditional Certification Granted In Supervisor's Overtime Suit
LITTLE ROCK, Ark. - An Arkansas federal judge on March 27 granted conditional certification to a class of food production supervisors seeking unpaid overtime; however, the judge declined to invoke the...
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Consumer Doesn't Show Liability In ATM Fee Suit, Federal Judge Finds
INDIANAPOLIS - A federal magistrate judge in Indiana on March 27 granted a consumer's motion for summary judgment with respect to certain affirmative defenses asserted by a merchant alleged to have...
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Plaintiffs Can Pursue Consumer Fraud Claim Over Loan Modification Evaluation
CHICAGO - A Chicago man and his grandmother can pursue claims that CitiMortgage Inc. violated the Illinois Consumer Fraud Act (ICFA) by failing to adequately evaluate their request for a loan...
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Illinois Judge Finds Causation, Reliance Lacking In Annuity Disclosure Case
CHICAGO - An elderly widow has not shown that representations in an allegedly untimely disclosure form factored into her purchase of an annuity or decision to keep the policy past the 30-day free...
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Federal Judge Dismisses Claims Against Owners Of Allegedly Moldy Hotels
GREENVILLE, Miss. - A Mississippi federal judge on March 27 granted summary judgment and a motion to dismiss filed by the franchisers of a hotel chain, dismissing an employee's claims that they were...
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Judge Denies Summary Judgment On Enforceability Of Reinsurance Contract
CHICAGO - A federal judge in Illinois on March 27 denied a co-reinsurer's motion for summary judgment regarding the enforceability of an unsigned reinsurance contract, noting that the parties dispute...
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Magistrate Recommends Dismissal Of Man's Purported Facebook Co-Ownership Claims
BUFFALO, N.Y. - In a lengthy report and recommendation filed March 26, a New York federal magistrate judge deemed a man's purported contract with Facebook Inc. founder Mark Zuckerberg to be "a recently...
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A&P Wants Claims Disallowed As Duplicative, Inconsistent With Reorganized...
NEW YORK - Bankrupt grocer The Great Atlantic & Pacific Tea Co. Inc. (A&P) on March 27 filed a brief in the U.S. Bankruptcy Court for the Southern District of New York objecting to certain...
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Missouri Panel Upsets Order Applying Pollution Exclusion To Carbon Monoxide...
KANSAS CITY, Mo. - A unanimous Western District Missouri Court of Appeals panel on March 26 overturned summary judgment in favor of an insurance company in a duty to defend declaratory judgment action...
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Bankrupt Revel Casino Secures $250 Million In Post-Petition Financing
TRENTON, N.J. - The federal bankruptcy judge overseeing the Chapter 11 proceeding of casino Revel AC Inc. on March 27 approved $250 million in post-petition financing, also known as...
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