Whether employers may review or monitor private e-mails, web histories and other electronic communications of employees on company-issued computers, cell phones, pagers, and the like has been the subject of much debate. Attorney Madelaine S. Baio looks at recent rulings on the issue.
Original post by LexisNexis® Mealey’sâ„¢ Legal News
PHLADELPHIA — A Pennsylvania state court jury late yesterday ended Wyeth’s losing streak in trials involving claims that Prempro causes breast cancer when it found that an Indiana woman’s use of the drug did not cause her development of the disease (Cheryl Foust, et al. v. Wyeth Pharmaceuticals Inc., et al., Case No. 040604606, Pa. […]
Case: Hudson Insurance Co. v. Colony Insurance Co., No. 09-55275, 9th Cir. Appellant’s brief: Filed Aug. 21 by Colony Insurance CoBrief available 50-100225-001B
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Original post by LexisNexis® Mealey’sâ„¢ Legal News
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DENVER - A Colorado federal judge on Feb. 19 determined that an auto insurance policy’s additional personal injury protection (APIP) coverage, which was previously found to be subject to reformation, should not be reformed with a coverage cap because the policy lacked specific language of any such requirement (Kirk Warren v. Liberty Mutual Fire Insurance […]
NEW YORK - Price-fixing claims by purchasers of title insurance in New York against title insurance companies are barred by the filed rate doctrine, the Second Circuit U.S. Court of Appeals ruled Feb. 11 in affirming the dismissal of a putative class action (Brendan Dolan, et al. v. Fidelity National Title Insurance Co., et al., […]
Once the first steps in implementing an effective written litigation hold are taken and a trigger event to preserve evidence is initiated, the organization needs to define the scope of the legal hold, say Howett Isaza partner John Isaza and Goldberg Segalla partner John J. Jablonski.
Original post by LexisNexis® Mealey’sâ„¢ Legal News
INDIANAPOLIS - Because an actual controversy exists between an insurer and its insured regarding coverage for oil contamination, the insured has sufficiently stated a claim for declaratory judgment, an Indiana federal judge said Feb. 10 in refusing to dismiss the declaratory judgment claim (ESI Environmental Inc. v. American International Specialty Lines Insurance Co., No. 07-1182, […]
ATLANTIC CITY, N.J. - Merck & Co. Inc. will adopt a range of safety-related governance provisions and pay plaintiffs’ attorneys $12.2 million to settle shareholder litigation in New Jersey state and federal court derivative to the rise and fall of the company’s painkiller Vioxx, the company announced in a Feb. 9 Form 8K filing with […]
SACRAMENTO, Calif. - Health insurance regulation falls exclusively under the Department of Managed Health Care and is not subject to city attorney actions under the unfair competition law, an insurer argues in a recent brief to the California Supreme Court. In response, the Los Angeles City Attorney’s Office argues that the insurer mischaracterizes the opinion […]
ALBANY, NY - Fraudulent medical documents submitted to a no-fault insurance carrier to receive payments for treatments that were not necessary or not performed are “business records” for purposes of finding a physician guilty of falsifying business records in the first degree, the New York Court of Appeals affirmed Feb. 18 (The People v. Tatyana […]