Arkansas Class Denied Certification In Suit Against Natural Gas Pipeline Companies

LITTLE ROCK, Ark. - Certification was denied April 19 in a putative class action in the U.S. District Court for the Eastern District of Arkansas for plaintiffs seeking to represent neighbors of natural gas pipeline compressors and transmission stations for alleged exposure to noise, methane and hydrogen...

Louisiana Magistrate Judge Grants Motion To Quash Insurer's Subpoenas

NEW ORLEANS - A Louisiana federal magistrate judge on June 11 granted a law firm's motions to quash an insurer's subpoenas and for a protective order after determining that the insurer already has the requested information from other sources and has an alternative means of obtaining the information...

Insurer Must Disclose Other Claims Related To Its Handling Of Water Leaks

SAVANNAH, Ga. - An insurer must disclose four claims related to its handling of water leaks because the insureds' request for the information is not unreasonable and is related to the insureds' bad faith claim, a Georgia federal magistrate justice said June 14 (Ricky Southard, et al. v. State...

4th Circuit Panel Affirms Insurance Dispute Compelled To Arbitration In Sweden

RICHMOND, Va. - A unanimous Fourth Circuit U.S. Court of Appeals panel issued an opinion July 9 affirming the conclusion of a District of South Carolina magistrate judge that arbitration in a welding fume products liability insurance duty-to-defend dispute is compelled to Sweden ( ESAB Group Inc. v....

Punitive Damages Dismissal Affirmed In Louisiana Action Against Paper Mill Operator

NEW ORLEANS - The plaintiffs who filed class action lawsuits against a paper mill operator in the U.S. District Court for Eastern District of Louisiana for releasing waste in August 2011 into the Pearl River did not meet their burden to reconsider the order dismissing punitive damages under general maritime...

Court Finds Frye-Reed Test Should Not Have Been Applied To Expert Testimony

ANNAPOLIS, Md. - After finding that a trial court erred when it applied the wrong test in determining whether an expert's methodologies and theories in relation to mold exposure and illness are generally accepted in the relevant scientific community, a Maryland appeals court on Aug. 29 reversed a...

Panel Says BP Is Additional Insured As To Pollution Risks Related To Oil Spill

NEW ORLEANS - BP Exploration & Production Inc. and its related entities are additional insureds under policies issued to Transocean Offshore Deepwater Drilling Inc. and, therefore, are entitled to coverage as additional insureds for claims related to the Deepwater Horizon incident, the Fifth Circuit...

Asbestos Coverage Disputes Between Flintkote, Insurers Go To Binding Arbitration

WILMINGTON, Del. - A Delaware federal bankruptcy judge on June 20 granted relief from the automatic stay in The Flintkote Co.'s Chapter 11 case so that Flintkote and certain London market insurance companies can participate in binding arbitration to resolve disputes over insurance coverage for asbestos...

Panel Certifies Questions To Texas High Court Regarding Additional Insured Status

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Aug. 29 withdrew its opinion regarding the additional insured status of BP Exploration & Production Inc. and its related entities under policies issued to Transocean Offshore Deepwater Drilling Inc. and certified questions to the Texas Supreme...

11th Circuit Affirms Document Discovery Ruling For Ecuador

ATLANTA - The 11th Circuit U.S. Court of Appeals on Dec. 18 affirmed a decision requiring an expert to produce certain documents for use in foreign proceedings, finding that the materials did not contain any core opinion work product of Chevron Corp.'s attorneys (Republic of Ecuador, et al. v. Chevron...