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11th Circuit: Court Properly Enjoined Insurers Pursuant To First-Filed Rule
ATLANTA - The 11th Circuit U.S. Court of Appeals on March 21 found that a federal Georgia court did not abuse its discretion by enjoining insurers, pursuant to the first-filed rule, from proceeding...
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Convicted Child Molester Appeals No-Coverage Ruling To 3rd Circuit
PHILADELPHIA - Convicted child molester Gerald A. Sandusky on March 25 appealed to the Third Circuit U.S. Court of Appeals a lower court's ruling that his charity's insurer has no duty to defend him...
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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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Judge Says Genuine Issues Of Fact Remain In Retrocessional Reinsurance Dispute
TRENTON, N.J. - A federal judge in New Jersey on March 28 granted summary judgment in part on a motion for reconsideration of an earlier decision but noted that regarding certain retrocessional...
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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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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...
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Insurer Says Reinsurer's Case Should Be Transferred To Different Federal Court
NEW YORK - An insurer told a New York federal court on March 25 that its dispute with its reinsurer should be transferred to the U.S. District Court for the Northern District of New York, where a...
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Reinsurer Says Allegedly Similar Suits Are Very Different
WEST PALM BEACH, Fla. - A reinsurer told a Florida federal court on March 25 that the issues surrounding two reinsurance agreements that an insurer wants to consolidate into one lawsuit are different...
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Reinsurance Assignee Says Assignor Meant For Arbitration Rights To Transfer
CHICAGO - The assignee of certain reinsurance rights told an Illinois federal court on March 13 that the assignor intended to transfer the right to arbitrate a number of underlying reinsurance...
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Party To Reinsurance Arbitration Says New York Federal Court Is Proper Venue
NEW YORK - A party to a reinsurance arbitration told a New York federal court on March 18 that because the arbitration award at bar was decided in a New York arbitration hearing, the New York federal...
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Insurer Says Reinsurer Must Pay More Than $2 Million In Pre-Pleading Security
NEW HAVEN, Conn. - An insurer told a Connecticut federal court on March 22 that Connecticut's security posting statute entitles it to more than $2 million in pre-pleading security from its...
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Posting Collateral Under The Foreign Sovereign Immunities Act: Arbitration v....
By Robert M. Hall I. Introduction Reinsurers owned by foreign nations are often required to post collateral by reinsurance contracts. Some state statutes require collateral when disputes arise.2...
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D.C. Circuit Upholds FDA's Premarket Requirement For Fat / Stem Cell Devices
WASHINGTON, D.C. - The Food and Drug Administration did not act in an arbitrary or capricious manner when it determined that two medical devices intended to extract stem cells from human fat must go...
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N.J. Appeals Court Affirms Defense Verdict In Fosamax Jaw Injury Trial
TRENTON, N.J. - A New Jersey appellate court on March 25 said a trial court didn't err in excluding evidence that a plaintiff claimed would have proven that she developed osteonecrosis of the jaw (ONJ)...
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Fen-Phen Claims Cardiologist Sentenced To 6 Years Must Pay $4.5M For Mail,...
PHILADELPHIA - A cardiologist was sentenced March 26 to six years in federal prison and ordered to pay $4.5 million in restitution following his conviction last year on 13 counts of mail and wire fraud...
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Stanley M. Chesley Disbarred Permanently By Ky. High Court For Ethical...
FRANKFORT, Ky. - A unanimous Kentucky Supreme Court on March 21 permanently disbarred plaintiff mass tort attorney Stanley M. Chesley for taking an unreasonable $20 million fee from the Kentucky...
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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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Trasylol MDL Judge Grants Summary Judgment For Lack Of Causation Testimony
WEST PALM BEACH, Fla. - A Florida federal judge overseeing the Trasylol multidistrict litigation on March 22 granted summary judgment after finding that a nephrologist's testimony failed to show that...
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ICD Plaintiff Fails To Show Recall, Problems Caused Her Injury, Judge Says
LOS ANGELES - A California federal judge on March 25 dismissed an implantable cardioverter defibrillator (ICD) case, saying that the plaintiff failed to show that defendant Boston Scientific Corp....
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Defense Search Method Misses 80 Percent Of Documents, Biomet Hip Plaintiffs Say
SOUTH BEND, Ind. - Claiming that defendant Biomet Inc. used a search method that deprives them of as much as 80 percent of relevant documents, plaintiffs in the Biomet M2A Magnum hip multidistrict...
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