HELENA, Mont. - In a 6-1 decision, the Montana Supreme Court on July 8 overturned summary judgment for a log home builder named as the defendant in a construction defects action, concluding that questions remain whether the plaintiffs' claims are time-barred (Greg Johnston, et al. v. Centennial Log Homes & Furnishings Inc., No. 12-0405, Mont. Sup.; 2013 Mont. LEXIS 224).
WILKES-BARRE, Pa. - Asbestos claimants in the Chapter 11 case of United Gilsonite Laboratories (UGL) on June 24 sought permission from a Pennsylvania federal bankruptcy court to pursue fraudulent conveyance and breach of fiduciary duty claims against the family-owned company's officer as part of the claimants' plan of reorganization for UGL that includes selling the business (In re: United Gilsonite Laboratories, 11-2032, M.D. Pa. Bkcy.).
SYDNEY, Australia - An Australian appeals court on June 3 vacated a $1,318,506.24 verdict awarded to a former public transportation worker for his mesothelioma, allowing an appeal filed by the State of New South Wales in relation to certain damages that were awarded for gratuitous domestic services he provided to family members (State of New South Wales v Perez, $(2013$) NSWCA 149, New South Wales App.).
LOS ANGELES - The former manager of musician Sly Stone, the frontman for Rock and Roll Hall of Fame inductees Sly and the Family Stone, on June 4 put Stone's production company into Chapter 11 bankruptcy, citing assets between $1 million and $10 million, as well as debts in that same range of value (In Re: Even St. Productions Ltd., No. 13-24363, Chapter 11, C.D. Calif. Bkcy.).
MINNEAPOLIS - The majority of the Minnesota Supreme Court on May 31 affirmed that damages resulting from the improper installation of a boiler and carbon monoxide detector are excluded from coverage pursuant to an insurance policy's pollution exclusion because under Minnesota law, a pollution exclusion is not limited to only environmental pollutants under Minnesota law (Midwest Family Mutual Insurance Co. v. Michael D. Wolters, et al., No. A11-181, Minn. Sup.; 2013 Minn. LEXIS 304).
WASHINGTON, D.C. - The U.S. Supreme Court on May 28 declined to reconsider the Seventh Circuit U.S. Court of Appeals' affirmation of a trial court's grant of a preliminary injunction against the Indiana State Department of Health in enforcing a state law stripping Medicaid funds from Planned Parenthood of Indiana Inc. because the agency provides abortions (Secretary of the Indiana Family and Social Services Administration, et al. v. Planned Parenthood of Indiana Inc., Nos. 12-1039, 12-1159, U.S. Sup.).
AKRON, Ohio - A federal judge in Ohio on May 10 dismissed a shareholder derivative lawsuit, finding that the plaintiffs had failed to show that presuit demand upon a company's board of directors would have been futile (Robinson Family Trust, et al. v. Paul G. Greig, et al., No. 12-cv-01713, N.D. Ohio; 2013 U.S. Dist. LEXIS 66995).
LONDON - The United Kingdom Health and Safety Executive (HSE) on May 13 announced that an English magistrates' court fined a plumber after he potentially exposed his son and a family to asbestos.
NEW ORLEANS - A man's reference to his father's residence as the "family home" and evidence that he helped with the family laundry creates sufficient questions to allow his household asbestos exposure claims to proceed, a Louisiana appellate court held May 8 (Joseph Francis Rendon v. Union Carbide Corp., et al., No. 2012-CA-1397, La. App., 4th Cir.; 2013 La. App. LEXIS 905).
SAN DIEGO - Citing evidence that a trademark infringement defendant has sold and shipped products to California consumers while maintaining an interactive website and an in-store presence, a federal judge on April 23 denied dismissal of the dispute on personal jurisdiction grounds (Guava Family Inc. v. Guava Kids LLC, No. 12-2239, S.D. Calif.).
WASHINGTON, D.C. - The U.S. Supreme Court on April 22 denied a writ of certiorari to the Indiana Family and Social Services Administration's appeal of a federal appeals court decision requiring the state Medicaid agency to cover all "medically necessary" dental care. The Seventh Circuit U.S. Court of Appeals on Sept. 26 affirmed a federal court order granting a class of Medicaid plaintiffs from Indiana preliminary injunctive relief in their challenge of the state's cap on "medically necessary" dental care under the state's Medicaid program (Sandra M. Bontrager, et al., v. Indiana Family and Social Services Administration, et al., No. 12-1037, U.S. Sup.).
INDIANAPOLIS - Even though an insurer and its insured are now adverse parties in an insurance bad faith dispute, an Indiana federal judge on April 22 held that the insurer could not invoke the attorney-client privilege or the work product doctrine to prevent disclosure of documents from its privilege log to its insured, who was the party for whom those documents were originally created (Randall L. Woodruff v. American Family Mutual Insurance Co., No. 1:12-cv-00859, S.D. Ind.; 2013 U.S. Dist. LEXIS 56883).
RICHMOND, Va. - The Virginia Court of Appeals on April 16 affirmed a trial court order granting summary judgment to the Virginia Department of Medical Assistance Services (DMAS) ordering the Family Redirection Institute Inc. (FRI) to reimburse the state Medicaid program for payments made to FRI for services by unqualified mental health care professionals (Family at Redirection Institute Inc. v. Commonwealth of Virginia Department of Medical Assistance Services, No. 1274-12-2, Va. App.; 2013 Va. App. LEXIS 116).
WASHINGTON, Pa. - A confidential settlement agreement between a Washington County, Pa., family and natural gas extraction companies was unsealed by a Pennsylvania Court of Common Pleas for Washington County judge March 20 on the grounds that businesses do not have a constitutional right of privacy that overcomes the common-law presumption of access to government documents (Stephanie Hallowich, et vir v. Range Resources Corp., et al., No. 10-3954, Pa. Comm. Pls., Washington Co.).
HOUSTON - The First District Texas Court of Appeals on March 7 dismissed wrongful death claims brought against a municipality that owns a recreational area where three family members drowned, concluding that the claims are barred by governmental immunity (The City of Texas City v. Edith Suarez, No. 01-12-00848-CV, Texas App., 1st Dist.; 2013 Tex. App. LEXIS 2272).
SHREVEPORT, La. - The Second Circuit Louisiana Court of Appeal on March 6 affirmed a jury verdict for the family of a woman who allegedly died after a reoccurrence of cancer was misdiagnosed, ruling thatit did notfind that the jury abused its discretion in awarding the plaintiffs $250,000 in damages (Carolyn Coody, et al. v. Dr. J. Michael Barraza, et al., No. 47,732-CA, La. App., 2nd Cir.; 2013 La. App. LEXIS 369).
EDINBURGH, Scotland - A justice on March 5 refused challenges asserted by two English steamship companies that the Scottish Court of Session Outer House lacked jurisdiction over a case filed against them by the family of a man who died of mesothelioma, finding that the court retained jurisdiction even though the claimants had withdrawn their claims against a Scottish company (Mary Adamson Lorimer Stewart and others v. Trafalgar House Steamship Company Ltd. and others, No. $(2013$) CSOH 37, Scottish Sess., Outer House).
DENVER - The owner of six apartment buildings that allegedly sustained wind damage failed to show any bad faith related to their insurer's handling of its claim, a Colorado federal judge ruled March 5, disposing of both a common-law and statutory bad faith claim (Windsor Court LLC v. American Family Mutual Insurance Co., No. 1:11-cv-01904, D. Colo.; 2013 U.S. Dist. LEXIS 29416).
CHICAGO - An Illinois federal judge on March 4 denied a motion to dismiss made by a managed care organization in a Medicaid fraud case, saying the plaintiffs met pleading standards for false claims allegations (United States of America, ex rel. Gloria Upton, et al. v. Family Health Network Inc., et al., No. 09-6022, N.D. Ill.; 2013 U.S. Dist. LEXIS 29620).
SYDNEY, Australia - An Australian tribunal on Feb. 26 awarded a former transportation worker who developed mesothelioma after asbestos exposure at a bus depot and his family damages, ordering the State of New South Wales to pay him $1,318,506.24 (Perez v State of New South Wales ($(2013$) NSWDDT 1, New South Wales DDT).
ST. LOUIS - A panel of the Eighth Circuit U.S. Court of Appeals on Feb. 27 ruled that anti-injunction provisions in federal law pertaining to financial institutions prevented a family trust from blocking the Federal Deposit Insurance Corp. from selling the asset of a bankrupt bank (Dittmer Properties v. Federal Deposit Insurance Corporation, No. 12-1329, 8th Cir.).
NEW ORLEANS - The West Virginia Supreme Court of Appeals issued an opinion Feb. 22 unanimously affirming the award of $133,000 to a family for carbon monoxide exposure after concluding that the jury award was not against the weight of the evidence (Frank Gallo v. William L. Thompson, et al., No. 11-1482, W.Va. Sup.; 2013 W.Va. LEXIS 166).
ALBANY, N.Y. - Finding that a mother's Facebook postings "insult$(ed$) and demean$(ed$)" her then 10-year-old son, a New York appellate panel on Feb. 14 affirmed a family court's ruling that granted sole custody of a divorced couple's three children to their father (Melody M. v. Robert M., No. 513361, N.Y. Sup., App. Div., 3rd Dept.; 2013 N.Y. App. Div. LEXIS 975; 2013 NY Slip Op 959).
FRESNO, Calif. - The temporary restraining order (TRO) sought by a purported English lord against a man who allegedly has been making defamatory postings against the lord and his family would constitute a prior restraint on the man's First Amendment rights, a Nevada federal judge ruled Feb. 13 (Neil B. Gibson v. Nicholass V. Fleming Jr., et al., No. 1:13-cv-00176, E.D. Calif.; 2013 U.S. Dist. LEXIS 19629).
BROCKTON, Mass. - A Massachusetts state court jury on Feb. 13 awarded $63 million to a family whose young daughter was severely injured by a reaction to Children's Motrin (Lisa Reckis, et al. v. Johnson & Johnson, et al., No. PLCV2007-00064, Mass. Super., Plymouth Co.).