WASHINGTON,D.C. — A bankruptcy trustee told the U.S. Supreme Court on March 22 that the formula for calculating income contained in the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) has replaced the judicial discretion that had previously been afforded to judges and litigants. An attorney for a debtor who ignored the […]
WASHINGTON, D.C. — A Democrat-controlled House of Representatives on March 21 approved historic legislation to extend health care to millions of uninsured Americans, stop insurance companies from dropping or denying care to individuals with pre-existing conditions and require every American to purchase health care coverage.
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ST. LOUIS - An ERISA-governed plan administrator that denied benefits to a claimant with shoulder pain and depression did not abuse its discretion, the Eighth Circuit U.S. Court of Appeals ruled March 10, finding that the insurer acted reasonably in discounting some evidence (Jerry B. Darvell v. Life Insurance Company of North America, No. 09-1058, […]
COLUMBIA, S.C. - The South Carolina Supreme Court on March 15 reversed an $18 million jury verdict in a product liability action alleging that a defective cruise control system and seat belts in a Ford Explorer led to serious injury to a driver and the death of her passenger, finding errors in admitting evidence and […]
SACRAMENTO, Calif. - A California jury on March 5 returned a $24.3 million verdict for a teenager who was injured as a child when her father ran her over with his work truck (Malaquias Mejia, et al. v. Freeway Transport Inc., No. 06AS00067, Calif. Super., Sacramento Co.).
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HOUSTON - A federal judge presiding over a breach of contract suit between a forensic engineering company and a pair of its former employees on Feb. 19 granted in part the company’s request for sanctions based on the defendants’ failure to preserve relevant e-mails by imposing an adverse inference jury instruction (Rimkus Consulting Group Inc. […]
COLUMBUS, Ohio - Finding that a $6 million prejudgment interest payment was mandated by a state statute, a federal judge in Ohio on March 8 held that a reinsurer has an obligation to reimburse the interest to its insured (OHIC Insurance Company v. Employers Reinsurance Corporation, No. 08-cv-00083, S.D. Ohio; 2010 U.S. Dist. LEXIS 20641).
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HOUSTON - A federal judge in Texas on March 16 set aside a $100 million punitive damages award to workers at a chemical refinery, saying that the plaintiffs’ evidence - that the company knew of the extreme risk of toxic releases but did not care - did not establish “gross negligence” (Aaron Wilson Garner, et […]
NEW BRUNSWICK, N.J. — The first Seroquel injury case to go to trial ended in a defense verdict on March 18 when a New Jersey state court jury found by a 7-1 vote that AstraZeneca did not fail to provide an adequate warning to doctors about the risk of diabetes from the atypical antipsychotic drug […]
PHILADELPHIA — A Third Circuit U.S. Court of Appeals panel on March 17 affirmed a preliminary injunction to prevent a Pennsylvania district attorney from pursuing criminal charges against a teenager accused of “sexting” (MaryJo Miller, et al. v. Jeff Mitchell, No. 09-2144, 3rd Cir.; 2010 U.S. App. LEXIS 5501).
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