NEW YORK - The Second Circuit U.S. Court of Appeals on March 31 affirmed a lower court’s reduction of an appraisal award for the extended recovery period for an insured seeking coverage for business interruption losses sustained Sept. 11, 2001, and modified the lower court’s judgment by excluding interest accrued prior to the appraisal award […]
SAN DIEGO - An insurer did not establish that its insured was not damaged by its refusal to defend him in a negligence lawsuit under his homeowners insurance policy, even though it did provide a defense under his auto insurance policy, a California appeals panel ruled March 26, reversing a lower court’s grant of summary […]
Case: Standard Waste Systems Ltd. v. Mid-Continent Casualty Co., et al., No. 09-10973, 5th Cir. Appellant’s brief: Filed Dec30 by Standard Waste Systems LtdBrief available 50-100408-014B
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NEW ORLEANS — The judge overseeing the federal Chinese drywall multidistrict litigation awarded seven Virginia families more than $2.6 million in damages on April 8 against a manufacturer that has already been held in default; the judge made no mention, however, of how the judgment might be implemented (Michelle Germano, et al. v. Taishan Gypsum […]
PHILADELPHIA - Objectors to a $434 million award of common benefit fees in the litigation of and settlement over Wyeth’s fen-phen diet drugs had the necessary information to object when the fee was awarded in April 2008, attorneys who represented former users and negotiated a $3.75 billion national settlement say in a March 24 brief […]
DENVER - A divided 10th Circuit U.S. Court of Appeals on March 31 reversed a district court decision finding that the Employee Retirement Income Security Act preempted claims brought under health plans offered by tribal governments, saying that an amendment to ERISA to include plans established and maintained by Indian tribal governments applied retroactively and […]
WASHINGTON, D.C. — The Federal Communications Commission (FCC) does not have the authority to regulate the network management practices of an Internet services provider (ISP), a panel of the District of Columbia Circuit U.S. Court of Appeals ruled April 6, overturning the FCC’s order that forbade Comcast Corp. from blocking certain customers’ access to peer-to-peer […]
WASHINGTON, D.C. - A bankruptcy trustee told the U.S. Supreme Court on March 22 that a federal bankruptcy appellate panel incorrectly ignored the Chapter 13 means test contained in the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), which inserted a formula for calculating projected disposable income, rather than allowing for judicial discretion […]
CHICAGO - An insurer has no duty to defend its insured against underlying lawsuits alleging damages caused by toys manufactured in China and containing lead paint because the policies at issue contained a territory clause that precluded coverage for exposure to defective products occurring in the United States, the Seventh Circuit U.S. Court of Appeals […]
PHILADELPHIA - A Pennsylvania jury awarded $12 million on March 23 to the surviving family member of a man whose alleged exposure to asbestos in the U.S. Navy caused him to develop mesothelioma, a source told Mealey Publications (Van Tassel, et al. v. Alfa Laval Inc., et al., No. 001221-2008, Pa. Comm. Pls., Phila. Co.).
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