FRANKFORT, Ky. - A Kentucky state court erred in granting summary judgment to a credit card company in a collection action because the credit card company has failed to show that it has been assigned the alleged debt as a means for collection, a Kentucky Court of Appeals panel ruled Jan. 20 (Kenneth A. Bruner […]
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. […]
HOUSTON - A Texas federal judge on Jan. 20 denied an energy company’s request for post-judgment interest on an arbitration award issued in its favor at a rate of 8.5 percent, finding that the parties never agreed on a specific rate when they contracted for the purchase of xylene (MX) and that the company was […]
NEW YORK - Directors and officers of a corporation argued in a New York federal court on Jan. 20 that an amended shareholder derivative complaint should be dismissed for the same reasons that the court dismissed the original complaint because the shareholder still fails to prove that presuit demand was excused (Stephen Strugala, et al. […]
NEW YORK - A Second Circuit U.S. Court of Appeals panel on Jan. 23 said it lacks jurisdiction over an appeal of a $ 2,500 sanctions order against a Fosamax plaintiff’s attorney because the underlying case is stayed (Gary J. Douglas, et al. v. Merck & Co., Inc., No. 10-4196, 2nd Cir.).
Original post by LexisNexis® […]
WASHINGTON, D.C. - A California federal judge did not err in deeming a disputed patent invalid for claiming ineligible subject matter under 35 U.S. Code Section 101, but the same cannot be said for findings that a related patent is noninfringed, according to a Jan. 20 ruling by a divided Federal Circuit U.S. Court of […]
NEW ORLEANS - A former BP America Inc. employee who was the state planning lead for cleanup operations in the Gulf of Mexico after the oil spill caused by the explosion of the Deepwater Horizon oil rig in April 2010 filed suit on Jan. 20 in Louisiana federal court, alleging that he was terminated for […]
WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission (CPSC) announced Jan. 23 that Hewlett-Packard Co. (HP) has agreed to pay a $ 425,000 civil penalty to resolve allegations that the company was aware that certain HP lithium-ion battery packs contained a defect or created an unreasonable risk of serious injury or death (In the […]
DALLAS - In an action arising from an attempted loan modification, a federal judge in Texas on Jan. 20 dismissed most claims in the suit which alleges breach of contract, state debt collection statute violations and other violations against Bank of America N.A. and other defendants (Swim, et al. v. Bank of America N.A., et […]
SPRINGFIELD, Ill. - A railroad had no duty to remove unloaded boxcars in a way that prevented the movement of accumulated asbestos fibers at an asbestos plant or to warn facility employees prior to unloading the boxcars, an Illinois appeals court held Jan. 20 (In re: the Estate of Robert Compton, deceased, Margaret Compton v. […]