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Federal Judge Dismisses Antitrust Claim For Failure To Allege Market Power
SACRAMENTO, Calif. - Home purchasers who sued a subdivision's developer, builder and seller, alleging that the defendants manipulated the market value of the homes in the subdivision in violation of...
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Student-Athletes' Antitrust Lawsuit Related To Scholarships Is Dismissed
INDIANAPOLIS - Student-athletes who brought a putative class action against the National Collegiate Athletic Association, alleging that three NCAA bylaws violated federal antitrust law, failed to...
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Tying Arrangement Does Not Violate Antitrust Law, Illinois Federal Judge Rules
CHICAGO - A federal judge in Illinois on March 13 dismissed a class action filed by a purchaser against a concert promoter who claimed that the promoter illegally tied ticket sales to parking fees in...
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High Court Review Sought In Divestiture Case
WASHINGTON, D.C. - Polypore International Inc. is seeking U.S. Supreme Court review of an 11th Circuit decision upholding a Federal Trade Commission ruling that Polypore's acquisition of Microporous...
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2nd Circuit Won't Reconsider Sirius XM Settlement Of Class Suit Over Merger
NEW YORK - The Second Circuit U.S. Court of Appeals on March 5 denied objectors' petitions for panel rehearing and rehearing en banc of the court's Dec. 20 order upholding the approval of a settlement...
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California Case Law Update: March 2013
By Cassandra S. Franklin Since our last California case law update, the California courts have issued a number of insurance coverage decisions worthy of consideration. However, two of the most...
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Split 11th Circuit Panel: Underlying Complaints Properly Considered In...
ATLANTA - A trial court properly looked beyond the pleadings presented in a declaratory judgment case over insurance coverage available to a contractor, an 11th Circuit U.S. Court of Appeals panel...
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Georgia Panel: Motor Vehicle Bad Faith Provision Inapplicable To Cargo Policy
ATLANTA - A plaintiff's attempt to allege bad faith under a Georgia statute related to "motor vehicle liability insurance" fails, a Georgia Court of Appeals panel ruled March 13, because there is no...
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Appeals Panel Finds Insurer Had No Standing To Sue Other Insurer For Bad Faith
SEATTLE - Reversing in part a default judgment against an insurer that did not participate in an underlying workplace injury case, a Washington appeals panel on March 18 held that a second insurer did...
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Insured'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...
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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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Judge Finds Complaint Confusing But Denies Insurer's Dismissal Motion
KNOXVILLE, Tenn. - Although a Tennessee federal judge found that a plaintiff's complaint for benefits under the Employee Retirement Income Security Act of 1974 (ERISA) "is not sufficiently clear," he...
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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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Possible Breach, Bad Faith Found In Insurer's Failure To Cover Spoiled Wine...
FRESNO, Calif. - A California federal judge on March 19 denied an insurer's motion for summary judgment, holding that a retailer may be able to demonstrate that it was due coverage for spoiled wine...
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Judge Permits Arbitration In Dispute Over Coverage For Sexual Harassment Award
SAN FRANCISCO - A standstill agreement entered into by the operator of a hospital and its insurer did not "supplant the parties' preexisting arbitration agreement" but served primarily to shield the...
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Judge 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...
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Judge Dismisses Breach, Bad Faith Counterclaims In Environmental Coverage Suit
SAN ANTONIO - A Texas federal judge on March 11 dismissed an insured's counterclaims for breach of contract and bad faith in an environmental coverage dispute after determining that the insured failed...
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Who Is Entitled To The Claims File?
By John J. Pappas and Janice C. Buchman Introduction The United States Supreme Court has recognized the "attorney-client privilege" as "one of the oldest recognized privileges for confidential...
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Insurer Argues It Shares Primary Coverage Liability For Fatal Truck Accident
Case: LM Insurance Corp., et al. v. Canal Insurance Co., No. 12-5857, 6th Cir....(read more)
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7th Circuit To Rule On Injured Worker's Status As 'Contractor'
Case: Atlantic Casualty Insurance Co. v. Paszko Masonry Inc., et al., Nos. 12-2405 and 12-2485, 7th Cir....(read more)
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