NEW YORK - Eighty-three first responders and workers who cleared the rubble of the collapsed World Trade Center towers after the Sept. 11, 2001, attack filed a notice of appeal on July 9 to the Second Circuit U.S. Court of Appeal of a federal judge’s approval of a $716 million settlement (In re: World Trade […]
EUREKA, Calif. - A California state court jury on July 6 awarded $671 million to a statewide class of nursing home patients and their families after finding that a nursing home chain violated state staffing requirements (Vinnie Lavender, et al. v. Skilled Healthcare Group, Inc., No. DR060264, Calif. Super., Humboldt Co.).
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RICHMOND, Va. - An insured’s failure to first sue the at-fault motorist in an auto accident doomed his breach of contract and bad faith claims against his insurer in an underinsured motorist (UIM) dispute, a panel in the Fourth Circuit U.S. Court of Appeals ruled June 30 (Paul Potylicki v. Allstate Insurance Co., No. 08-2242, […]
NEW ORLEANS - A Louisiana federal judge on June 28 denied a motion for summary judgment by the defendant in a benzene wrongful death case, stating that because the decedent died only three months after being diagnosed with acute myelogenous leukemia (AML), the majority of the information relevant to the lawsuit could not be obtained […]
Case: NGM Insurance Co. f/k/a National Grange Mutual Insurance Co. v. Carolina’s Power Wash & Painting LLC, et al., No. 10-1082, 4th Cir.
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NEWARK, N.J. - Defendants in an adversary proceeding for Congoleum Corp.’s Chapter 11 bankruptcy on July 2 filed in the New Jersey federal court overseeing the case a notice that they intend to appeal a June 7 order confirming the company’s fourth amended joint plan of reorganization (In re Congoleum Corp., et al., No. 09-4371, […]
PHILADELPHIA - Saying a proposed 10th Amendment to the American Home Products national fen-phen settlement confers additional benefits to the settlement class, the multidistrict litigation court on July 2 approved the amendment, which would adjust future funding mechanisms (In Re: Diet Drugs [Phentermine/Fenfluramine/Dexfenfluramine] Products Liability Litigation, MDL Docket No. 1203, Sheila Brown, et al. v. […]
JACKSON, Miss. - The Sherwin-Williams Co. on June 28 appealed a $7 million verdict against it in a lead poisoning case, contending that the Mississippi Supreme Court should reverse the verdict or, in the alternative, grant a new trial in a different venue (The Sherwin-Williams Company v. Trellvion Gaines, No. 2009-01866, Miss. Sup.; See October […]
RICHMOND, Va. - The Fourth Circuit U.S. Court of Appeals on June 30 announced that in light of the U.S. Supreme Court’s recent ruling in Hardt v. Reliance Std. Life Ins. Co., it is adopting a two-step approach to determine whether a district court abused its discretion in awarding attorney fees to litigants in cases […]
LOS ANGELES - An insurer is entitled to contribution costs from the U.S. government for the cleanup of a former munitions testing site contaminated with hazardous substances because the government owned the equipment needed to manufacture and test the munitions, a California federal judge said June 30 (American International Specialty Lines Insurance Co. v. United […]