Climbing Back
Thursday, August 5th, 2010Consultants George Socha and Tom Gelbmann
highlight key trends they identified
in their annual e-discovery survey.
Original post by LexisNexis® Mealey’sâ„¢ Legal News
Archive for August, 2010
Insurer Must Pay ‘All Sums’ For Environmental Cleanup Costs, Judge Says
Thursday, August 5th, 2010SIOUX FALLS, S.D. - An insurer is responsible for paying “any and all sums” to its insured for environmental contamination cleanup costs because neither the policy nor Montana law provides for pro-rata allocation of damages, a South Dakota judge said July 29 (NorthWestern Corp. d/b/a NorthWestern Energy, et al. v. Associated Electric & Gas Insurance […]
Federal Judge: Stay Does Not Apply Because Case Was Initiated By Debtor
Thursday, August 5th, 2010WHEELING, W. Va. - A federal judge in West Virginia on July 29 ruled that the automatic stay in bankruptcy proceedings does not apply to a separate but related case in which the debtor initiates a lawsuit (Rosemary Susko, individually and d/b/a Rosemont Manor v. City of Weirton, et al., No. 09-1, Chapter 7, N.D. […]
Judge Declines To Dismiss Virginia’s Suit Challenging Health Care Reform Act
Thursday, August 5th, 2010RICHMOND, Va. - Saying that no case from any federal appellate court has extended the commerce clause or tax clause of the U.S. Constitution to include the regulation of a person’s decision not to purchase a product, the federal judge overseeing the Commonwealth of Virginia’s challenge of the newly enacted Patient Protection and Affordable Care […]
Arbitrator Awards California Condo Owners Damages, Finds Seller Hid Defects
Wednesday, August 4th, 2010SACRAMENTO, Calif. - An arbitrator on June 8 issued a ruling awarding numerous condominium owners $1.7 million in damages, finding that the owner of the property negligently failed to disclose and concealed defects with the properties that resulted in water intrusion and mold growth (Alana Brown, et al. v. Prometheus Real Estate Group, et al., […]
$5.7 Million Plaintiff Award Vacated; Judge Finds Fraud Perpetrated On Trial Court
Wednesday, August 4th, 2010LOS ANGELES - A fraud perpetrated on the Los Angeles County Superior Court before and during a November 2007 trial of personal injury claims allegedly linked to exposure to dibromochloropropane in Nicaraguan banana fields taints the evidence and makes it impossible to discover the truth, the judge conducting an error corum vobis inquiry said July […]
Building Information Modeling: Risks and Rewards
Tuesday, August 3rd, 2010Building information modeling software develops and represents the physical and functional characteristics of a building project. Although it is a powerful tool to streamline the construction process, there are risks associated with the development, control, and use of the model.
Original post by LexisNexis® Mealey’sâ„¢ Legal News
Defect, Warranty Claims For Vagus Nerve Stimulator Preempted, 3rd Circuit Says
Tuesday, August 3rd, 2010PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Friday affirmed that manufacturing defect and breach of warranty claims involving the Vagus Nerve Stimulation (VNS) Therapy System made by Cyberonics Inc. are expressly preempted (Diane M. Williams, et al. v. Cyberonics, Inc., No. 09-3800, 3rd Cir.).
Full story on lexis.com
Original post by LexisNexis® Mealey’sâ„¢ Legal […]
Negligent Design Claim Reinstated On Appeal In Diet Drug Death Case
Tuesday, August 3rd, 2010PHILADELPHIA - A claim for negligent design is not subsumed in Pennsylvania’s prohibition on strict liability claims against pharmaceutical manufacturers, the state Superior Court ruled Aug. 2 in a case asserting that Wyeth’s diet drugs caused a woman’s death from primary pulmonary hypertension (PPH) (Patsy Lance v. Wyeth, No. 2905 EDA 2008, Pa. Super.).
Full story […]
N.J. Supreme Court: Title Insurers Not Liable For Attorney’s Misappropriation Of Funds
Tuesday, August 3rd, 2010TRENTON, N.J. - A unanimous New Jersey Supreme Court on Aug 2 found that two title insurance companies cannot be held liable for an attorney’s misappropriation of a couple’s closing funds for a home sale because no agency relationship existed between the companies and the attorney at the time of the occurrence (New Jersey Lawyer’s […]