Scour Lawyer

NEW ORLEANS - In the first suit of its kind, the attorney general of Louisiana sued a number of companies connected with Chinese drywall on Jan. 13, seeking recovery on behalf of the state, its political subdivisions and its citizens for the costs of addressing the drywall’s harmful effects (The State of Louisiana ex rel. James D. [”Buddy”] Caldwell, the Attorney General of Louisiana v. Knauf Gips KG, et al., No. 2010-392, La. Dist., Orleans Parish).
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CHICAGO - Granting a reinsurer’s request that its reinsured’s party-appointed arbitrator be removed from a panel for not being disinterested, a federal judge in Illinois on Jan. 21 said the arbitrator had breached his duty by opening a confidentiality agreement from a previous arbitration to the members of a subsequent panel (Trustmark Insurance Company v. John Hancock Life Insurance Company, No. 09-cv-03959, N.D. Ill.).
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NEW YORK - The Securities and Exchange Commission moved for court approval of a proposed settlement of two separate actions against Bank of America Corp. (BoA) on Feb. 4, seeking to settle claims that BoA misrepresented that it would pay discretionary year-end compensation bonuses to Merrill Lynch and Co. executives as part of a merger deal to acquire Merrill Lynch, in violation of federal securities laws (Securities and Exchange Commission v. Bank of America Corp., Nos. 09-6829 and 10-0215, S.D. N.Y.).
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LegalTech New York felt like a user conference this year, says Sean Doherty, Law.com’s technology editor. Although the messages sent from vendors were mixed, a number of threads appeared that set the tone for the show and marked a direction for tech in the new year: full speed ahead.

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WASHINGTON, D.C. - Seven industry groups and energy companies on Dec. 23 asked the District of Columbia Circuit U.S. Court of Appeals to review the U.S. Environmental Protection Agency’s finding that greenhouse gas emissions endanger public health and the environment (The Coalition for Responsible Regulation Inc., et al. v. U.S. Environmental Protection Agency, No. 09-1322, D.C. Cir.).
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SPRINGFIELD, Ill. - The Illinois Supreme Court on Feb. 4, in a 4-2 decision, invalidated the state’s legislative cap on noneconomic damages in medical malpractice cases, saying that such a limitation violates the separation of powers clause of the Illinois Constitution (Abigaile Lebron, a minor, et al. v. Gottlieb Memorial Hospital, et al., Nos. 105741, 105745, Ill. Sup.).
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DENVER - The 10th Circuit U.S. Court of Appeals held Feb. 2 that underlying complaints arising from a fraudulent scheme, when viewed together, contained sufficient information to provide a professional liability insurer with reasonable notice that the underlying suits “might fall within coverage of the policy,” further finding that coverage is not precluded by two policy exclusions (Apartment Investment and Management Co. [AIMCO] v. Nutmeg Insurance Co., No. 08-1150. 10th Cir.; 2010 U.S. App. LEXIS 2175).
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LOS ANGELES - Television writers suing studios, networks, production companies and talent agencies for age discrimination in California state court announced Jan. 22 a $70 million agreement to settle 19 longstanding cases that allege discrimination in the selection and representation of writers (In Re: TV Writers Cases, No. BC268836, Calif. Super., Los Angeles Co.; See 9/11/08, Page 5).
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WASHINGTON, D.C. - The District of Columbia Circuit U.S. Court of Appeals on Feb. 2 placed a temporary administrative hold on a district court order that lifted the ban on the importation of electronic cigarettes, saying it needs more time and additional briefing to decide whether more permanent relief is warranted (Smoking Everywhere, Inc., et al. v. U.S. Food and Drug Administration, et al., No. 10-5032, D.C. Cir.).
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TRENTON, N.J. - A New Jersey appeals court panel on Feb. 3 remanded an Accutane suicide case for a trial court to consider whether the plaintiff’s general causation expert can be allowed to testify without using a radiography study that the trial judge found unreliable (Virginia Palazzolo, et al. v. Hoffman-La Roche Inc., et al., No. A-3789-07T3, N.J. Super. App. Div.).
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