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Archive for December, 2009

Broadcom To Settle Shareholder Backdating Class For $160.5 Million

Thursday, December 31st, 2009

LOS ANGELES — Broadcom Corp. announced Dec. 29 that it has reached an agreement in principle to settle for $160.5 million a shareholder securities fraud class action lawsuit alleging that the company and its former officers engaged in illegal historical stock option accounting practices (Sonam Bakshi v. Broadcom Corp., No. 06-CV-5036, C.D. Calif.).
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FAA Doesn’t Permit Class Arbitration When Agreement Is Silent, Party Tells Court

Monday, December 28th, 2009

WASHINGTON, D.C. - An antitrust defendant told the U.S. Supreme Court on Dec. 9 that it should reverse a Second Circuit U.S. Court of Appeals ruling that an arbitration panel did not manifestly disregard the Federal Arbitration Act (FAA) in construing an arbitration clause in an international maritime agreement to permit class arbitration of antitrust […]

CGL Policy’s Pollution Exception Precluded Coverage, Bad Faith, Judge Rules

Monday, December 28th, 2009

DENVER - A Colorado federal judge on Dec. 18 found that an insurance policy’s total pollution exclusion (TPE) exempted an insurer from any duty to defend or indemnify a policyholder in a penalty for violation of environmental laws brought against it by government agencies, granting the insurer’s motions for dismissal and partial summary judgment (The […]

Federal Panel Upholds Dismissal Of Wal-Mart From Wrongful Death Case

Monday, December 28th, 2009

CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on Dec. 1 affirmed the dismissal of an action alleging that a retailer was negligent by selling bullets to a woman who later committed suicide (Mark D. Johnson, et al. v. Wal-Mart Stores Inc., No. 08-4226, 7th Cir.).
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Original post by LexisNexis® Mealey’sâ„¢ […]

Insured Says Coverage Not Barred By Intellectual Property Rights Exclusion

Monday, December 28th, 2009

Case: Marvin J. Perry Inc. v. Hartford Casualty Insurance Co., No. 09-1639, 4th Cir. Appellant brief: Filed Oct1 by Marvin JPerry IncBrief available 50-091224-010B
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Original post by LexisNexis® Mealey’sâ„¢ Legal News

Texas High Court Won’t Review Silica Plaintiffs’ Claims Of Attorney Misconduct

Monday, December 28th, 2009

AUSTIN, Texas - The Texas Supreme Court declined Dec. 11 to review claims by a group of silica plaintiffs that their former counsel joined with counsel for their former employers to hide important facts regarding the settlement of their personal injury suits (Anthony Authorlee, et al. v. Tuboscope Vetco International, Inc., et al., No. 08-0990, […]

Judge: Plaintiffs Lack Sufficient Reliance On Wireless Phone Advertising

Thursday, December 24th, 2009

SAN DIEGO - Wireless phone purchasers cannot show that they relied on advertising that promoted free or discounted phones but allegedly failed to disclose that sales tax would be charged on the full retail price, a California federal judge held Dec. 14 (Jennifer L. Laster, et al. v. T-Mobile USA Inc., et al., No. 05-1167, […]

Carrier Owes Duty To Defend Insureds Against Contamination Suit, Panel Says

Thursday, December 24th, 2009

INDIANAPOLIS - An insurer has a duty to defend its insureds in an underlying lawsuit seeking damages arising out of contaminated fill because the underlying suit alleges an occurrence within the meaning of the policy, the Indiana Court of Appeals said Dec. 15 (Indiana Farmers Mutual Insurance Co. v. North Vernon Drop Forge Inc. et […]

‘Body Snatcher’ Defendants Settle With Recipients Of Illegal Tissue Transplants

Thursday, December 24th, 2009

NEWARK, N.J. - More than 300 federal court plaintiffs who allege that they received illegally procured human tissue in the so-called body snatcher scandal have agreed to a global settlement, according to a court order issued Dec. 22 (In Re: Human Tissue Products Liability Litigation, MDL Docket No. 1763, No. 06-135, D. N.J.).
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9th Circuit: Record Supports Insurer’s Denial Of Disability Benefits

Thursday, December 24th, 2009

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Dec. 18 found no abuse of discretion in a group disability insurer’s decision to terminate benefits to a claimant with sleep apnea and chronic back pain (Mark A. Eppler v. Hartford Life and Accident Insurance Co., No. 08-16986, 9th Cir.; 2009 U.S. App. LEXIS […]

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