Clik here to view.
Bank's Conduct Was Not Fraudulent, Federal Judge Rules
WASHINGTON, D.C. - Claims that Chevy Chase Bank F.S.B. and successor Capital One N.A. made it impossible for a mortgage holder to make timely payments and unfairly reported late payments to credit...
View ArticleClik here to view.
Bankruptcy Judge: California City May Proceed With Chapter 9 Bankruptcy
SACRAMENTO, Calif. - A federal bankruptcy judge in California on April 1 ruled that the City of Stockton, Calif., which had filed for Chapter 9 bankruptcy in June, was eligible to seek bankruptcy...
View ArticleClik here to view.
Judge: Fact Issues Preclude Judgment On Breach Of Contract, Bad Faith Claims
BATON ROUGE, La. - A Louisiana federal judge on March 28 found that fact issues preclude summary judgment on whether a commercial general liability insurer breached its duty to defend insureds against...
View ArticleClik here to view.
Texas Supreme Court: Woman's Construction Defect Claims Are Time-Barred
AUSTIN, Texas - The Texas Supreme Court on March 29 ruled that a homeowner should take nothing for damage allegedly caused by faulty construction work performed on the foundation of her home, agreeing...
View ArticleClik here to view.
Judge Allows Insured To File Amended Counterclaim In Defect Insurance Dispute
HONOLULU, Hawaii - A Hawaii federal judge on March 28 affirmed a magistrate judge's order granting an insured's motion for leave to file a second amended counterclaim for bad faith and negligent...
View ArticleClik here to view.
Federal Judge Rules Viable Claims Asserted Over Student Debt Collection
PHILADELPHIA - A Pennsylvania federal judge refused to dismiss some putative class action claims stemming from the collection of student debts, saying March 28 that the plaintiff had stated viable...
View ArticleClik here to view.
'Girls Gone Wild' Video Maker: Trustee Not Needed; Creditor Misrepresents Facts
LOS ANGELES - Bankrupt adult entertainment company GGW Brands Inc., the parent company for the maker of "Girls Gone Wild" videos, on March 29 filed a brief contending that a creditor's motion seeking...
View ArticleClik here to view.
8th Circuit: No Federal Jurisdiction Over Severance Contract
ST. LOUIS - A federal court lacks federal subject matter jurisdiction to consider arbitrability arising under a severance agreement, even though the severance benefits were measured by reference to...
View ArticleClik here to view.
Judge Finds Statute Of Frauds Applies To Debt Collection Claims
DALLAS - A federal judge in Texas on April 1 awarded summary judgment to Bank of New York Mellon, Bank of America N.A. and BAC Home Loans Servicing LP in a suit brought by a couple seeking to prevent...
View ArticleClik here to view.
No Duty To Defend Contamination Suit Is Owed, Tennessee Federal Judge Says
NASHVILLE, Tenn. - Insurers have no duty to defend their insured against an underlying environmental contamination suit because the underlying suit does not allege that the contamination was the result...
View ArticleClik here to view.
7th Circuit: Discretion Not Abused; Debtors Cannot Avoid Property Lien
CHICAGO - A panel of the Seventh Circuit U.S. Court of Appeals on March 29 ruled that a debtor couple could not avoid a lien on their condominium and held that the bankruptcy and district courts had...
View ArticleClik here to view.
Insurer Has No Duty To Indemnify Arbitration Award, Judge Concludes
ALBANY, N.Y. - A commercial general liability insurer has no duty to indemnify an arbitration award, a New York federal judge ruled March 29, finding that property damage caused by an insured's faulty...
View ArticleClik here to view.
Kentucky Federal Judge Allows Amendment To Add Defendant In Medicaid Waiver Case
LEXINGTON, Ky. - A Kentucky federal judge on March 28 allowed plaintiffs to amend a complaint to add a defendant in a Medicaid waiver dispute (Appalachian Regional Healthcare, et al. v. Coventry Health...
View ArticleClik here to view.
Judge Finds That Reinsurer's Defenses In Asbestos Dispute Are Without Merit
PHILADELPHIA - A federal judge in Pennsylvania on March 31 found in favor of an insurer in a reinsurance dispute, holding, among other findings, that a reinsurer's contention that certain payments were...
View ArticleClik here to view.
Third Parties Can Compel Arbitration In Credit Card Suit, Federal Judge Finds
SAN DIEGO - A federal judge in California on March 28 granted defendants' motion to stay and compel arbitration in a class action alleging harassing phone calls and letters in connection with a...
View ArticleClik here to view.
Judge: FDIC Must Plead Separate Claims For Separate Transactions
TAMPA, Fla. - A federal judge in Florida on March 28 granted Commonwealth Land Title Insurance Co.'s motion for a more definite statement in a suit brought by the Federal Deposit Insurance Corp.,...
View ArticleClik here to view.
Georgia Appeals Panel: Woman Failed To Show Store Caused Hand Injuries
ATLANTA - The Georgia Court of Appeals on March 29 affirmed summary judgment for a retailer named as the defendant in a premises liability action, concluding that there was no evidence that the...
View ArticleClik here to view.
Reconsideration Partly Granted In Copyright, Trademark Case
CHICAGO - An Illinois federal judge on April 1 reconsidered in part a previous summary judgment entered in a dispute over copyrights and trademarks related to miniature figurines used in the "Warhammer...
View ArticleClik here to view.
Expanded Discovery Denied In Home Depot Age Discrimination Class Suit
KANSAS CITY, Kan. - A Kansas federal magistrate judge on March 28 "generally denied" a motion to compel production of documents relating to more than 1 million employees of a home improvement and...
View ArticleClik here to view.
Genuine Fact Disputes Preclude Summary Judgment On Bad Faith Claim, Judge Rules
OKLAHOMA CITY - Finding it unclear when an insurer made its decision on its insured's underinsured motorist (UIM) claim, an Oklahoma federal judge on March 29 found it inappropriate to grant summary...
View Article