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Woman Urges Texas' Top Court To Accept Malpractice Case Involving Asbestos Claim
AUSTIN, Texas - Subsequent changes in state law eliminating an asbestos claim should not bar a malpractice claim against an attorney for alleged failure to properly pursue the action, a woman told the...
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Judge: Navy Instructions, Specifications Overcome Government Contractor Defense
PHILADELPHIA - A man contends that U.S. Navy instructions and specifications create at least the possibility that it permitted warnings, overcoming summary judgment on the government contractor...
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Connecticut Judge Rejects Maritime Law In Asbestos Case
BRIDGEPORT, Conn. - While a widow alleges exposure in the U.S. Navy, two defendants have failed to demonstrate that maritime law applies, a Connecticut judge held March 7 (Donald Mazzaia v. A.O. Smith...
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Ohio Court Finds Widow's Evidence Satisfies Prima Facie Showing
CLEVELAND - Expert and coworker testimony combined with Veterans Administration records satisfy the prima facie showing for an asbestos-exposed cigarette smoker, an Ohio appeals court held March 28...
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Court: Maritime Exposure Excludes Coverage Under Washington Compensation Law
TACOMA, Wash. - A man's asbestos exposure during maritime employment places his widow's claim squarely in the federal compensation scheme, a Washington appeals court held March 19 (Robert Long, et al....
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Court: Veterans' Administration Patient May Utilize Co-Worker's Exposure...
CLEVELAND - A Veterans' Administration patient may establish asbestos exposure at a railroad employer through co-worker testimony; his visits to other facilities do not impose the state's "competent...
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Judge Finds Evidence Creates Issues Regarding Navy Warning Policy
PHILADELPHIA - Navy specifications and instructions create at least the possibility that the Navy would have permitted or required warnings detailing the dangers of asbestos, the federal judge...
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Former Maryland Mayor Files Asbestos Action Against Railroad
PHILADELPHIA - A past mayor of the City of Cumberland, Md., on March 25 sued his former employer, CSX Transportation Inc., in Pennsylvania federal court, alleging that he contracted lung cancer after...
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Presumption Of Prudence Applies; Judge Dismisses Pfizer Stock-Drop Case
NEW YORK - A federal judge in New York on March 29 dismissed claims by participants in Pfizer Inc.'s retirement savings plans that the plan fiduciaries breached their fiduciary duties under the...
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Reinsurance Brokers Do Not Owe Insurer An Annual Fee, Panel Rules
ST. LOUIS - Reinsurance brokers do not owe an insurer an annual fee, the Eighth Circuit U.S. Court of Appeals affirmed April 1, dismissing the insurer's breach of contract lawsuit against the brokers...
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Trasylol Expert Failed To Weigh Other Risk Factors, MDL Judge Says
WEST PALM BEACH, Fla. - A plaintiff's specific causation expert failed to account for a decedent's numerous other health problems in concluding that Trasylol "tipped the scale" and caused his kidney...
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New York Judge Sides With Recording Label In Copyright Case
NEW YORK - A service that touts itself as a "marketplace for 'pre-owned' digital music" suffered an adverse summary judgment ruling on April 1 by a New York federal judge, who instead found in favor of...
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Snack Food Labeled 'All Natural' Is Likely To Deceive, Judge Concludes
SAN FRANCISCO - While the lack of a hyphen in the term "all natural" could lead to multiple interpretations, a reasonable consumer would conclude the product contain exclusively "all natural"...
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Panel: Failure To Apply Excess Payment Made Policy Cancellation Inappropriate
ELGIN, Ill. - An insurer was obligated to credit a policyholder's excess balance to an amount due rather than canceling the policy for nonpayment, an Illinois appeals panel found March 29, upholding a...
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Judge Finds Attempt To Collect Visa Debt Was Abusive
ST. LOUIS - A Missouri federal judge on April 1 awarded summary judgment to a man complaining that the attempted collection of a Target Visa debt violated the Fair Debt Collections Practices Act...
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6th Circuit Partially Remands Fraud Case To Calculate Key Witness's Sentence
CINCINNATI - A panel of the Sixth Circuit U.S. Court of Appeals on April 2 partially affirmed and partially remanded the ruling in a consolidated bankruptcy fraud case, ruling that the sentence handed...
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7th Circuit Affirms Ruling In Favor Of Professional Liability Insurer
CHICAGO - The Seventh Circuit U.S. Court of Appeals held April 2 that a professional liability insurer had no duty to defend its law firm insured because it is clear that a reasonable attorney would...
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Louisiana High Court Orders Reconstitution Of Medical Review Panel
NEW ORLEANS - The Louisiana Supreme Court on April 1 found that an appeals court erred in failing to order the reconstitution of a medical review panel (MRP) with different physician members to...
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Georgia Panel Reverses Ruling Against Insurers In Their Subrogation Recovery...
ATLANTA - A Georgia appeals panel on March 28 found that the record does not show that insurers' subrogation and assigned claims for contribution and indemnity are barred by a voluntary payment,...
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Federal Judge Dismisses Insurer's Suit Disputing Coverage For FDIC's Claims
GAINESVILLE, Ga. - A management and professional liability insurer's declaratory judgment claim is barred by Section 1821(j) of the Financial Institutions Reform, Recovery and Enforcement Act of 1989...
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