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Appeals Courts Affirms Defense Verdict After Divisive Pennsylvania Asbestos Trial

PHILADELPHIA - A couple's failure to object to the inclusion of an alternate juror in deliberations or voting dooms their challenge to an asbestos verdict, a Pennsylvania appeals court held April 16 (George Webber and Tina Webber v. Ford Motor Co ...read more

Referee Reports Approval Of Insurer's Liquidator's Claim Classification

HARRISBURG, Pa. - A referee appointed by a Pennsylvania trial court on April 15 recommended approval of an insurer's liquidator's classification of a reimbursement claim filed by the Alabama Insurance Guaranty Association (AIGA) as one dealing ...read more

Maritime Company In Asbestos MDL Files Chapter 7 Petition

NEW YORK - A New York steamship and maritime company that is a defendant in 28 cases in a multidistrict asbestos litigation filed a notice April 16 in a Pennsylvania federal court that it has filed a voluntary Chapter 7 petition in New York federal bankruptcy ...read more

Ponzi Scheme Defendants Awarded Partial Summary Judgment By Federal Judge

PHILADELPHIA - A federal judge in Pennsylvania on April 18 granted in part and denied in part a motion for summary judgment filed by the victims of a Ponzi scheme, finding that there are genuine issues of material fact regarding certain transactions and ...read more

Pa. Federal Judge Grants Preliminary Injunction In Birth Control Mandate Case

PITTSBURGH - A Pennsylvania federal judge on April 19 granted a motion for a preliminary injunction in a case brought by a private, nonprofit college, two for-profit entities and the owners of those entities who are challenging the "birth control" ...read more

Avandia MDL Court Remands 2 3rd-Party-Payer Cases To Pa. State Court For Now

PHILADELPHIA - Two days after the U.S. Supreme Court allowed Humana Health Plan Inc. to sue Avandia maker GlaxoSmithKline PLC (GSK) for double damages under the Medicare Secondary Payer Act, a Pennsylvania federal judge overseeing the Avandia multidistrict ...read more

School District To Pay Student $7,500 In Case Over Fake MySpace Profile

SCRANTON, Pa. - Concluding a long-running dispute concerning a "profanity-laced" fake MySpace profile a middle school student created for her principal, a Pennsylvania federal judge on April 19 issued judgment in accord with a ruling from the ...read more

Asbestos Claims Force Former Manufacturer Into Bankruptcy

WILMINGTON, Del. - Yarway Corp., a former Pennsylvania company that manufactured pipe clamps, steam traps, valves and controls, filed for Chapter 11 protection April 22 in Delaware federal bankruptcy court due to thousands of asbestos personal injury ...read more

Judge: Remand Proper Because No Federal Debt Collection Law Claim Made

HARRISBURG, Pa. - Remand of a consumer's harassment lawsuit against a debt collector to state court is proper because the consumer did not allege any violation of federal law, a federal judge in Pennsylvania ruled April 24 (Yvonne M. Smith v. Northland ...read more

Judge: Plaintiffs In Bard Vena Cava Filter Class Action Belong In Federal Court

PHILADELPHIA - A Pennsylvania federal judge on April 26 said that state plaintiffs who filed a state court medical monitoring class action against C.R. Bard Inc. for allegedly defective inferior vena cava (IVC) filters have suffered an injury-in-fact ...read more

Reorganization Plans For GIT, NARCO Become Effective

PITTSBURGH - The plans of reorganization for refractory products manufacturers Global Industrial Technologies Inc. (GIT) and North American Refractories Co. (NARCO), which include multimillion-dollar trusts to pay asbestos and silica personal injury claims ...read more

Consumer's ATM Fees Suit Against Citizens Bank Can Proceed, Judge Rules

PITTSBURGH - A federal judge in Pennsylvania on May 6 denied Citizens Bank of Pennsylvania's motion to dismiss a complaint alleging that it violated the Electronic Fund Transfer Fact (EFTA) by allegedly failing to post an ATM fee notice, finding that ...read more

SEC Reaches Settlement With City Over Federal Securities Law Violations

WASHINGTON, D.C. - The Securities and Exchange Commission and the City of Harrisburg, Pa., have agreed to a cease-and-desist order preventing the city from continuing its violation of federal securities laws in connection with statements it made both ...read more

Health Insurance Purchasers May Drop $4.8M Settlement Of Antitrust Litigation

PITTSBURGH - A federal judge in Pennsylvania on May 7 permitted purchasers of health insurance from Highmark Inc. to withdraw their motion for preliminary approval of their settlement with Highmark of their antitrust claims, where the purchasers argued ...read more

Pa. Federal Judge Reconsiders Dismissal Order In Birth Control Mandate Suit

PITTSBURGH - A Pennsylvania federal judge on May 8 granted a motion to reconsider the dismissal of claims brought by a private, nonprofit college, two for-profit entities and the owners of those entities who are challenging the "birth control" ...read more

Panel: Environmental Board Must Determine If Documents Contain Trade Secrets

HARRISBURG, Pa. - A Pennsylvania Commonwealth Court panel on May 15 reversed an Environmental Hearing Board's decision requiring a gas gathering and processing company to produce documents to the Clean Air Council (CAC) after finding that the board ...read more

Pittsburgh Corning's Chapter 11 Reorganization Plan Confirmed

PITTSBURGH - Thirteen years after seeking bankruptcy protection from hundreds of thousands of asbestos personal injury claims, building products manufacturer Pittsburgh Corning Corp. (PCC) on May 16 received confirmation from a Pennsylvania federal bankruptcy ...read more

Coverage Owed For Personal Effects, Debris Removal, Federal Judge Determines

HARRISBURG, Pa. - An insured seeking coverage for water damages caused by the failure of a sump pump is entitled to coverage for debris removal and personal effects because the policy provides coverage for expenses that are in excess of the policy's ...read more

Judge Says Genuine Issues Of Material Fact Remain In Reinsurance Dispute

PHILADELPHIA - A federal judge in Pennsylvania on May 17 denied in part two motions for summary judgment, holding that genuine issues of material fact exist in a statute of limitations reinsurance dispute (OneBeacon Insurance Company v. Aviva Insurance ...read more

Judge Partly Rules In Insurer's Favor In Suit Over $2.5M Bankruptcy Judgment

SCRANTON, Pa. - A federal judge in Pennsylvania on May 28 entered summary judgment in part in favor of an errors and omissions insurer in a declaratory judgment action arising from a $2.5 million bankruptcy judgment against its insured, finding that the ...read more

Statute Bars Claims In Refinance Case, Federal Judge Rules

JOHNSTOWN, Pa. - A federal judge in Pennsylvania on May 28 dismissed defendants from a suit in which borrowers alleged breach of contract and other claims related to their mortgage refinancing, finding that subject matter jurisdiction does not exist over ...read more

Retiring Bankruptcy Judge Transfers Pittsburgh Corning Chapter 11 Case

PITTSBURGH - Seven days after issuing final rulings confirming the plan of reorganization for Chapter 11 debtor Pittsburgh Corning Corp. (PCC), Pennsylvania federal Bankruptcy Judge Judith K. Fitzgerald, who is retiring from the bench, on May 31 transferred ...read more

Federal Judge Denies Dismissal Of Suit Alleging Student-Loan Fraud

PITTSBURGH - A federal judge in Pennsylvania on May 31 adopted a magistrate judge's report and recommendation (R&R) to deny the dismissal of a suit in which a former employee of Education Management LLC (EDMC) alleged that EDMC made false certifications ...read more

Belated Reservation Of Rights Can Constitute Bad Faith, Judge Rules

PITTSBURGH - An insured has sufficiently alleged that it detrimentally relied on its insurer's initial assurance of coverage in an underlying employee injury case, a Pennsylvania federal judge found June 4, denying the insurer's motion to dismiss ...read more

Debtor Manufacturer Gets Extension For $8.2 Million DIP Financing

WILKES-BARRE, Pa. - A Pennsylvania federal bankruptcy judge on June 6 gave Chapter 11 debtor United Gilsonite Laboratories (UGL) another year to have access to an $8.2 million post-petition credit facility after UGL said that while it had not yet drawn ...read more