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SCRANTON, Pa. - Underlying allegations that an insured purposely participated in a kickback scheme consist of intentional and/or malicious conspiratorial conduct on the part of the insured and not accidental conduct, a Pennsylvania federal judge held Aug. 31, further finding that coverage is precluded by certain policy exclusions (Travelers Property Casualty Company of America v. Robert K. Mericle and Mericle Construction Inc., No. 3:09-CV-1747, M.D. Pa.).
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IRVINE, Calif. - Allergan Inc. said Sept. 1 that it will plead guilty to a federal misdemeanor charge related to off-label marketing of Botox and will pay a total of $600 million to the federal government in criminal and civil penalties.
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NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Aug. 16 remanded a dispute over a Louisiana federal judge’s June 22 ruling striking down the federal government’s six-month moratorium on offshore drilling operations of deepwater oil wells in the Gulf of Mexico. The Fifth Circuit directed the lower court to “consider the controversies” raised by the federal government’s motion to vacate the preliminary injunction as moot (Hornbeck Offishore Services LLC, et al. v. Kenneth Lee Salazar, et al., No. 10-30585, 5th Cir.; See August 2010, Page .
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WASHINGTON, D.C. - The nation’s largest retailer on Aug. 25 filed a petition for writ of certiorari asking the U.S. Supreme Court to overturn a California federal judge’s decision to certify a class of more than 1 million current and former female Walmart employees who claim that the company discriminated against them based on their gender (Wal-Mart Stores Inc. v. Betty Dukes, et al., No. 10A19, U.S. Sup.; See 5/6/10, Page 4).
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The BlackBerry Presenter fits in the palm of your hand and is designed to receive a PowerPoint presentation from a Bluetooth-enabled BlackBerry device and display it on a projector, television, or monitor without the aid of a computer. Technology editor Sean Doherty gives it a test drive.

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NEW ORLEANS - Because an insurer accepted coverage for a chlorine gas release under the policy’s pollution legal liability provision, the insured is not entitled to coverage under the policy’s general liability provision pursuant to the policy’s other coverages exclusion, the Fifth Circuit U.S. Court of Appeals said Aug. 24 (DPC Industries Inc. v. American International Specialty Lines Insurance Co., No. 09-20634, 5th Cir.; 2010 U.S. App. LEXIS 17687).
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WASHINGTON, D.C. - A bank that contends that transportation ownership expenses are not permitted in a bankruptcy when a debtor has no car payment filed a brief on Aug. 6 in the U.S. Supreme Court, insisting that “phantom” expenses cannot be deducted from disposable income (Jason M. Ransom v. MBNA America Bank, No, 09-907, Chapter 13, U.S. Sup.; See 07/07/10, Page 4).
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PENSACOLA, Fla. - Attorneys general challenging the Patient Protection and Affordable Care Act (PPACA) on Aug. 6 filed in a Florida federal court a brief opposing dismissal of their case (State of Florida, et al. v. U.S. Department of Health and Human Services, No. 10-91, N.D. Fla., Pensacola Div.; See 7/7/10, Page 4).
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Many lawyers look to hosting providers to store, share and back up data. They aim to reduce costs and insure file access. These goals, however, can be accomplished with an onsite storage product such as Hewlett-Packard’s new HP StorageWorks X300 and X500 Data Vault.

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BOSTON - A trial court erred in excluding an obstetrician’s standard of care opinion on grounds that his extensive plaintiff-side work rendered him biased in a medical malpractice case, a First Circuit U.S. Court of Appeals panel held July 26 (Hazel I. Cruz-Vazquez, et al. v. Mennonite General Hospital, Inc., et al., No. 09-1758, 1st Cir.; 2010 U.S. App. LEXIS 15263; See June 2009, Page 25).
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