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Archive for November, 2009

Marsh & McLennan Settles Bid-Rigging Securities Class For $400 Million

Wednesday, November 25th, 2009

NEW YORK - Insurance brokerage giant Marsh & McLennan Cos. Inc. (MMC) announced Nov. 13 that it had reached an agreement for $400 million to settle a consolidated class action filed in 2004 over alleged securities law violations made in connection with an alleged illegal bid-rigging scheme (In re Marsh & McLennan Cos. Inc. Securities […]

ICSID Rejects Challenge To Arbitrator Appointed In Dispute With Canada

Wednesday, November 25th, 2009

WASHINGTON, D.C. - After reviewing a challenge to an arbitrator appointed by the government of Canada in a dispute pending in the Permanent Court of Arbitration (PCA), the deputy secretary-general of the International Centre for Settlement of Investment Disputes (ICSID) on Oct. 14 ruled that an arbitrator must choose between acting as an arbitrator in […]

Jury Awards Woman Whose Leg Was Amputated After Auto Accident $8.5 Million

Tuesday, November 24th, 2009

GADSDEN, Ala. - A jury in Alabama returned an $8.5 million verdict on Oct. 14 for a woman who was seriously injured in a rollover accident while she was a passenger in a vehicle designed by Ford Motor Co. (Latoya Duckett v. Ford Motor Co., No. CV-05-1120-WHR, Ala. Cir., Etowah Co.).
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Jury Awards HRT Plaintiff $28 Million In Punitive Damages; Other Award Unsealed

Tuesday, November 24th, 2009

PHILADELPHIA - An Illinois woman who was awarded $6.3 million by a Pennsylvania state court jury on Nov. 20 will receive an additional $28 million in punitive damages, the jury decided Nov. 23, while the manufacturers of the drugs were ordered to pay $75 million to another Illinois woman, whose trial ended in late October […]

Reliance On Medical Reviews Was Reasonable, 3rd Circuit Says

Tuesday, November 24th, 2009

PHILADELPHIA - A plan administrator’s denial of benefits to a claimant with soft tissue injuries arising from an automobile accident was reasonable, the Third Circuit U.S. Court of Appeals ruled Nov. 9 in an unpublished decision. The appeals court said the insurer reasonably relied on medical reviews finding that the claimant was not disabled (Stephanie […]

Pathologist Can Opine On Injury Severity In Conscious Suffering Case

Tuesday, November 24th, 2009

STATESBORO, Ga. - A forensic pathologist is qualified to opine that a car accident victim’s injuries would not have prevented him from being conscious before he died, and his opinion is reliably based on his experience, a federal judge in Georgia held Oct. 22 (Melisa H. Byrd, et al. v. Wal-Mart Transportation, et al., No. […]

Medtronic Sprint Fidelis State Court Litigation Ruled Preempted Under Riegel

Tuesday, November 24th, 2009

MINNEAPOLIS - A Minnesota state court judge held Oct. 20 that the claims of nine representative plaintiffs in that state’s consolidated Medtronic Inc. Sprint Fidelis implantable defibrillator leads litigation are preempted by federal law (In Re: Medtronic Sprint Fidelis Lead Products State Court Litigation, No. 27-CV-07-22446, Minn. Dist., Hennepin Co.).
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Woman Awarded $6.3M For Breast Cancer Caused By Hormone Therapy Use

Monday, November 23rd, 2009

PHILADELPHIA — A Pennsylvania state court jury on Nov. 20 awarded $6.3 million in compensatory damages to an Illinois woman after finding that her use of Wyeth’s Premarin and Prempro and Pharmacia & Upjohn’s Provera for nearly 11 years was a proximate cause of her development of breast cancer (Donna Kendall v. Wyeth Pharmaceuticals Inc., […]

Kansas High Court Says Local Wind Farm Prohibition Not Preempted By Federal Law

Monday, November 23rd, 2009

TOPEKA, Kan. - The Kansas Supreme Court on Oct. 30 affirmed in part a lower court decision that a local municipality’s prohibition on large commercial wind farms is lawful and not preempted by federal law (Roger Zimmerman, et al., v. Board of County Commissioners of Wabaunsee County, Kansas, No. 98,487, Kan. Sup.; 2009 Kan. 1073).
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Mississippi Sandblaster Nets $7.6M In State’s 1st Silica Plaintiff’s Verdict

Monday, November 23rd, 2009

VICKSBURG, Miss. - For the first time in Mississippi, a jury found in favor of a plaintiff in a silicosis case when a former foundry worker won a judgment on Nov. 9 against a sand supplier that failed to warn him of the dangers of working with its sand (Robert Eastman v. Mississippi Valley Silica […]

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