Benefit Denial Was Supported By The Record, 5th Circuit Rules
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on April 2 upheld a grant of summary judgment to an ERISA-governed disability insurer that denied benefits to a claimant with back, neck and leg...
View ArticleU.S. Trustee: ResCap Fails To Provide Details On $7.8M In Bonus Payments
NEW YORK - The U.S. trustee in the Chapter 11 bankruptcy of Residential Capital (ResCap) LLC on April 3 filed a brief in the U.S. Bankruptcy Court for the Southern District of New York objecting to...
View ArticleBankruptcy Judge Approves MF Global Liquidation Plan
NEW YORK - The federal bankruptcy judge presiding over the Chapter 11 bankruptcy of MF Global Holdings Ltd. (MFGH) on April 5 approved the joint plan of liquidation (In Re: MF Global Holdings Ltd., No....
View ArticleLouisiana Appeals Panel Upholds Summary Judgment For Oil Extraction Defendant
LAKE CHARLES, La. - Property damage claims against an oil extraction company were properly dismissed on a motion for summary judgment because the plaintiffs failed to meet their burden of proof, a...
View ArticleLaw In State Of Exposure, Not Residence, Governs Indiana Action, Judge Says
PHILADELPHIA - A defendant urging application of Indiana law falls short of overcoming the state's reliance on location of exposure in determining whose law to apply, the judge overseeing the federal...
View ArticleJudge Denies Dismissal Of Insurer's Equitable Contribution Claim
LAS VEGAS - A commercial general liability insurer sufficiently asserts claims for equitable contribution and subrogation against another insurer regarding reimbursement of costs incurred in the...
View ArticleNew York Federal Judge Allows False Claims Suit To Proceed Against Americare
BROOKLYN, N.Y. - A federal judge in the U.S. District Court for the Eastern District of New York on April 3 partially granted a motion to dismiss a federal and New York state False Claims Act (FCA)...
View ArticleCrown Court Fines Hotel Chain 200,000 Pounds For Asbestos Exposure
LONDON - The United Kingdom Health and Safety Executive (HSE) on April 4 announced that an English crown court ordered a hotel chain to pay more than 200,000 pounds in fines for potentially exposing...
View ArticleFederal Judge Refuses To Enter Final Judgment On General Exclusions Issue
PHOENIX - An Arizona federal judge on April 4 denied an insurer's motion for entry of final judgment on his previous ruling that a corporate agreement's "general exclusions" did not apply to the...
View ArticleJudge: Investor Failed To Plead Misrepresentation, Scienter In Securities Suit
SAN DIEGO - A lead plaintiff in a securities class action lawsuit has failed to plead any of its federal securities law claims because it has failed to show that the defendants issued any...
View ArticleJudge: 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...
View ArticleJudge Trims Federal Securities Law Claims In Class Action Lawsuit
NEW YORK - A federal judge in New York on March 22 partially dismissed a lead plaintiff's securities class action complaint against a mining company and certain of its executive officers, ruling that...
View ArticleJudge: Lead Plaintiff Failed To Plead Scienter In Making Securities Law Claims
BALTIMORE - A federal judge in Maryland on March 26 dismissed a lead plaintiff's securities class action complaint against a drug company and others, ruling that the lead plaintiff failed to properly...
View ArticleJudge: Lead Plaintiffs Failed To Plead Scienter In Securities Class Action Suit
BURLINGTON, Vt. - A federal judge in Vermont on March 20 dismissed a second amended securities class action complaint, ruling that lead plaintiffs have failed to plead that Green Mountain Coffee...
View ArticleJudge Won't Strike Expert Testimony In Sprint Nextel Merger Suit
KANSAS CITY, Kan. - Although an attempt by lead plaintiffs in a securities class action lawsuit to file expert testimony in a reply brief "constitutes new evidence," striking the testimony "would...
View ArticlePanel Affirms Dismissal In Shareholder Derivative Suit Against Drilling Company
NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on March 11 affirmed a federal judge's dismissal of a shareholder derivative lawsuit against certain officers and directors of an on-land and...
View ArticlePanel Grants Summary Affirmance In Stanford Ponzi Scheme Lawsuit
WASHINGTON, D.C. - A federal judge did not err in denying a former Stanford Group Co. (SGC) client's motion to intervene in a Securities and Exchange Commission action seeking to compel the Securities...
View ArticleShareholder Failed To State Claims In Say-On-Pay Suit, Federal Judge Rules
CHICAGO - A company's board of directors did not breach its fiduciary duty by failing to disclose certain information under the Dodd-Frank Wall Street Reform and Consumer Protection Act prior to...
View ArticleDismissal Of SEC Suit Under Dodd-Frank Act Not Proper, Federal Judge Rules
NEW YORK - Dismissal of a Securities and Exchange Commission enforcement action is not proper on the basis that the SEC failed to comply with a Dodd-Frank Wall Street Reform and Consumer Protection Act...
View ArticleJudge Certifies Class In Smith Barney Transfer Agent Securities Suit
NEW YORK - A lead plaintiff in a securities class action lawsuit against two affiliates of Citigroup Asset Management (CAM) and others have met all statutory requirements for class certification, a...
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