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Failure To Exhaust Administrative Remedies Is Not Excused, 2nd Circuit Rules
NEW YORK - Participants who challenged the amount of benefits due under a top-hat plan were not excused from exhausting administrative remedies before filing a lawsuit under the Employee Retirement...
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New York Federal Judge Awards Attorney Fees To Third-Party Defendant
NEW YORK - A New York federal judge on April 5 adopted a magistrate judge's recommendation that the successor of a company sued for silica and asbestos bodily injury claims is entitled to recover the...
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D.C. Federal Judge: Minimum Wage Act Is Exclusive Remedy For Unpaid Overtime
WASHINGTON, D.C. - The District of Columbia Minimum Wage Act (DCMWA) provides the exclusive remedy for a university employee seeking unpaid overtime, a District of Columbia federal judge ruled April 5,...
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AmBac Financial Seeks Approval Of $101.9M Settlement Payment To Resolve IRS...
NEW YORK - Bankrupt AmBac Financial Group Inc. on April 8 moved in the U.S. Bankruptcy Court for the Southern District of New York for approval of a settlement with the Internal Revenue Service under...
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N.D. Supreme Court Affirms Medical Providers Not Liable For Lawsuit Expenses
BISMARCK, N.D. - The North Dakota Supreme Court on April 4 affirmed summary judgment in favor of health care providers in a suit in which plaintiffs were seeking reimbursement for expenses and...
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Federal Judge Denies Contractor's Motions In Construction Lien Dispute
ORLANDO, Fla. - A federal judge in Florida on April 4 denied a general contractor's motions for summary judgment in a suit he filed to foreclose on a construction lien, finding that there are actually...
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Federal Circuit Affirms Noninfringement Findings In Book Holder Patent Case
WASHINGTON, D.C. - A New York federal judge did not err in granting summary judgment of noninfringement in favor of Verifone Systems Inc., the Federal Circuit U.S. Court of Appeals ruled April 8...
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Federal Judge Dismisses Mold-Related Action For Failure To State Claim
GRAND RAPIDS, Mich. - A Michigan federal judge on April 8 dismissed allegations made by a prisoner that he was exposed to mold, finding that he failed to state a claim upon which relief could be...
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Nevada Federal Judge: Construction Defect Case Belongs In State Court
LAS VEGAS - A Nevada federal judge on April 5 remanded a construction defect class action case to state court, finding that removal by the defendant construction contractor was improper (Cecelia...
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Court: Arbitration Clause Unconscionable; Competition Law Claim Proceeds
SAN DIEGO - An automobile finance company may not force arbitration of California unfair competition law (UCL) claims because the back of the "take-it-or-leave-it" contract contains unconscionable...
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European Vodka Seller's Chapter 11 Would Resolve More Than $1.73B In Debt
WILMINGTON, Del. - Liquor company Central European Distribution Co. (CEDC) on April 7 filed for Chapter 11 bankruptcy in the U.S. Bankruptcy Court for the District of Delaware using a prepackaged plan...
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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...
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Insurer Had No Duty To Indemnify Construction Defect Case, Judge Finds
TAMPA, Fla. - A commercial general liability insurer had no duty to indemnify the settlement of an underlying construction defect action, a Florida federal judge ruled March 20, finding that the...
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Insurer Has No Duty To Indemnify Faulty Work Claims, Judge Concludes
LOUISVILLE, Ky. - An insurer owes no duty to indemnify its insured for claims of faulty workmanship, whether caused by the insured or its subcontractors, a Kentucky federal judge ruled March 19 (The...
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Judge: Insurer Had Duty To Defend Insureds Against Construction Defect Cases
DENVER - A commercial general liability (CGL) insurer had a duty to defend two construction defect cases, a Colorado federal judge ruled March 31; however, the judge declined to rule on the insurer's...
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Federal Judge Rules CGL Insurer Has Duty To Defend Construction Defect Lawsuit
FLORENCE, S.C. - A commercial general liability insurer has a duty to defend an insured against a construction defect case because there is the potential for coverage, a South Carolina federal judge...
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Panel Vacates Finding That Insurer Had No Duty To Defend, Indemnify Defect Suits
NEW YORK - The Second Circuit U.S. Court of Appeals on March 21 vacated and remanded a ruling that a commercial general liability insurer had no duty to defend or indemnify as to lawsuits for defects...
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Judge Finds Sufficient Evidence Insurer Had Duty To Defend Insured In Defect...
DENVER - An insurer sufficiently alleges third-party claims that another insurer had a potential duty to defend a mutual insured in a construction defect case, a Colorado federal judge held March 12,...
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Insurers Have No Duty To Defend Faulty Work Claims, 3rd Circuit Says
PHILADELPHIA - Three commercial general liability insurers have no duty to defend claims against an insured for faulty workmanship in a correctional institution, the Third Circuit U.S. Court of Appeals...
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Judge Denies Dismissal Of Action Against Insurer For Property Damage Claims
PHOENIX - An Arizona federal judge on March 12 declined to dismiss a condominium association's coverage action against an insurer regarding the insurer's duty to defend against property damage claims...
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