DENVER - While agreeing that it is generally improper to apply new laws retroactively, a panel in the Colorado Court of Appeals on Jan. 19 found sufficient evidence of an insurer’s unreasonable conduct after the enactment of new statutes to support a jury’s verdict in favor of the insured under those laws’ guidelines (Charles M. […]
SAN FRANCISCO - A federal district court erred in dismissing a claim for disability benefits under the Employee Retirement Income Security Act for lack of subject matter jurisdiction because the claimant asserted a colorable claim that he was a plan participant and, therefore, satisfied the threshold for establishing federal court subject matter jurisdiction, the Ninth […]
NEW ORLEANS - A unanimous Fifth Circuit U.S. Court of Appeals panel on Jan. 23 affirmed summary judgment for the United States against Alabama and Mississippi claimants in the multidistrict Federal Emergency Management Agency trailer formaldehyde products liability litigation for lack of subject matter jurisdiction (In re: FEMA Trailer Formaldehyde Products Liability Litigation, No. 10-30921 […]