http://www.lexisnexis.com/mealeys/news.aspx Headline Mold Legal News from LexisNexis® en-us http://www.lexisnexis.com/mealeys/images/lexismealeyslogo.gif 130 29 http://www.lexisnexis.com/mealeys/news.aspx Copyright 2013 http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-5%20Mealey%27s%20Litig.%20Rep.%20Mold%201%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' CINCINNATI - The Sixth Circuit U.S. Court of Appeals on April 1 affirmed a decision that granted summary judgment in favor of a real estate company, a seller of a house and others on all of the claims asserted against them by a couple who alleged that they concealed mold and water problems at the house (Jason A. Milner, et al. v. Robin Biggs, et al., No. 12-3526, 6th Cir.; See November 2012, Page 17). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-5%20Mealey%27s%20Litig.%20Rep.%20Mold%202%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW ORLEANS - A Louisiana appeals court on April 9 affirmed a trial court's decision awarding damages to a class of employees who allege that they developed health issues caused by exposure to mold at work, finding that the State of Louisiana failed to show that the trial court erred in allowing certain expert testimony or in determining that specific causation was met (Sherry Watters, et al. v. Department of Social Services, et al., No. 2012-CA-0751, La. App., 4th Cir.; 2013 La. App. LEXIS 753; See February 2013, Page 4). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-5%20Mealey%27s%20Litig.%20Rep.%20Mold%203%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' CHARLESTON, W.Va. - A West Virginia court on April 26 affirmed a ruling in favor of a cleaning company that was hired to restore a house damaged by sewer backup, finding that a disclaimer issued by the company excluding liability for mold growth was not unconscionable and did not violate public policy (Brandy Pingley, et al. v. Perfection Plus Turbo Dry LLC, No. 11-1605, W. Va. Sup. App.; 2013 W.Va. LEXIS 422). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-5%20Mealey%27s%20Litig.%20Rep.%20Mold%204%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' BATON ROUGE, La. - A Louisiana appeals court on April 10 reversed a decision that granted judgment in favor of the sellers of a home that contained water leaks and mold, finding that they failed to show that the home did not contain a redhibitory defect before sale (Judith C. Merwin v. Douglas G. and Elizabeth Ann Benzer Spears, No. 2012-0341, La. App.; 1st Cir.; 2013 La. App. Unpub. LEXIS 225). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-5%20Mealey%27s%20Litig.%20Rep.%20Mold%205%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW YORK - A New York appeals court on April 30 affirmed a trial court's decision to deny summary judgment to a landlord, finding that a tenant's mold-related personal injury claims were not time-barred and that the court did not err in allowing the tenant to file an amended bill of particulars (Richard Fields v. Lambert Houses Redevelopment Corp., et al., No. 9362, 18101/06, N.Y. Sup., App. Div., 1st Dept.; 2013 N.Y. App. Div. LEXIS 2952). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-5%20Mealey%27s%20Litig.%20Rep.%20Mold%206%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' TRENTON, N.J. - A New Jersey court on April 9 affirmed a trial court's decision that dismissed an action against a landlord and a management company, finding that the record did not support claims asserted by tenants that they allowed mold growth to persist in breach of a lease agreement (Yana Vasilyeva and Lidiya Yakovleva v. Griggs Farm Inc., et al., No. A-0486-11T1, N.J. Super., App. Div.; 2013 N.J. Super. Unpub. LEXIS 790). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-5%20Mealey%27s%20Litig.%20Rep.%20Mold%207%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' DENVER - A Colorado federal judge on April 17 granted summary judgment in favor of a hotel, finding that a former employee failed to show that his engineering position was terminated after he made complaints about mold and in violation of his employment contract (Guy Defazio v. Starwood Hotels & Resorts Worldwide Inc., No. 11-cv-03357, D. Colo.; 2013 U.S. Dist. LEXIS 54977). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-5%20Mealey%27s%20Litig.%20Rep.%20Mold%208%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW HAVEN, Conn. - A Connecticut federal judge on April 15 granted a motion filed by the Connecticut Department of Children and Families (DCF) and one of its officials to dismiss employment-related claims asserted by an employee in relation to alleged mold exposure at work but allowed her Rehabilitation Act claims related to pre-termination conduct to proceed (Linda A. Lee v. Department of Children and Families, et al., No. 3:11cv1910, D. Conn.; 2013 U.S. Dist. LEXIS 55988). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-5%20Mealey%27s%20Litig.%20Rep.%20Mold%209%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' BATON ROUGE, La. - A Louisiana appeals court on April 22 affirmed a trial court's ruling that granted summary judgment in favor of an insurer, finding that a homeowner's mold-related claims were excluded under his insurance policy (Kevin O. Ainsworth, individually and as administrator of the Estate of His minor children, et al. v. Tri Star Builders L.L.C., The Maryland Casualty Insurance Co., et al., No. 2012 CA 0691; 2013 La. App. Unpub. LEXIS 257). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-5%20Mealey%27s%20Litig.%20Rep.%20Mold%2010%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' HONOLULU - A Hawaiian appeals court on April 15 affirmed trial court decisions that found that an insurer had no duty to indemnify a building company and another insurer under various policies for a settlement they paid to a hotel owner in relation to mold infestation (Group Builders Inc., et al. v. Admiral Insurance Company, No. 29729, Inter. Hawaii App.; 2013 Haw. App. LEXIS 207). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-5%20Mealey%27s%20Litig.%20Rep.%20Mold%2011%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' MILWAUKEE - A Wisconsin appeals court on April 30 affirmed a circuit court's decision in favor of an insurer, finding that coverage claims related to a glass company's allegedly negligent caulking work were excluded under its policy (Randal Strauss v. Milwaukee Plate Glass Co., et al., No. 2012AP1778, Wis. App., 3rd Dist.; 2013 Wisc. App. LEXIS 369). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-5%20Mealey%27s%20Litig.%20Rep.%20Mold%2012%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' ST. LOUIS - An Illinois federal judge on April 30 refused to grant summary judgment in favor of the owners of a building on claims asserted by an employee, finding that the owners had control over a portion of the building that developed mold and contained various harmful substances (Yan Shifrin v. Associated Banc Corp., et al., No. 3:12-cv-00839, S.D. Ill.; 2013 U.S. Dist. LEXIS 61283; See April 2013, Page 15). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-5%20Mealey%27s%20Litig.%20Rep.%20Mold%2013%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW YORK - A New York justice on April 12 refused to dismiss a case filed by the owners of a building who allege that alterations to an adjoining property caused water damage and mold but found that they lacked standing to amend their complaint to include certain fraud and damage claims (Lei Chen Fan, et al. v. New York SMSA Limited Partnership, d/b/a Verizon Wireless, et al., No. 110483/06, N.Y. Sup.; 2013 N.Y. Misc. LEXIS 1506). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-5%20Mealey%27s%20Litig.%20Rep.%20Mold%2014%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' LINCOLN, Neb. - A tenant on April 11 filed a complaint in a Nebraska court against her landlords, alleging that mold growth at the property caused her to suffer injuries and seeking damages (Jacqueline R. Leafty v. Seldin Inc. and Affordable Housing West L.P., No. 13-1309, D. Neb., Lancaster Co.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-5%20Mealey%27s%20Litig.%20Rep.%20Mold%2015%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW HAVEN, Conn. - A Connecticut judge on March 19 granted summary judgment in favor of a city and others on a negligence claim in relation to a minor's fall that was caused by alleged mold growth and water accumunilation at a city-owned skate park but allowed nuisance and other claims to proceed (Christopher A. Settembri v. City of Bristol, et al., No. CV106014838, Conn. Super., New Haven Dist.; 2013 Conn. Super LEXIS 652). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-5%20Mealey%27s%20Litig.%20Rep.%20Mold%2016%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' LOS ANGELES - An insurer owes no coverage for water and mold damages caused by a plumbing leak because the cause of the loss was wear and tear in the plumbing pipes and not sudden and accidental as required by the policy, the Second District California Court of Appeal said April 2 (Leroy Brown, et al. v. Mid-Century Insurance Co., No. B238357, Calif. App., 2nd Dist., Div. 7; 2013 Cal. App. Unpub. LEXIS 2389). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-5%20Mealey%27s%20Litig.%20Rep.%20Mold%2017%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' CHARLOTTE, N.C. - A North Carolina federal judge on April 29 dismissed a complaint filed against various prison officials, finding no evidence to support a ruling that a prisoner suffered injuries caused by mold or that he was required to stay in a contaminated area (Frederick Canady v. F.N.U. Beaver, et al., No. 3:13-cv-80, W.D. N.C.; 2013 U.S. Dist. LEXIS 60776). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-5%20Mealey%27s%20Litig.%20Rep.%20Mold%2018%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' GRAND RAPIDS, Mich. - A Michigan federal judge on April 8 dismissed allegations made by a prisoner that he was exposed to mold, finding that he failed to state a claim upon which relief could be granted (Jason Michael Wentzel v. Allegan County Jail, et al., No. 1:13-cv-81, W.D. Mich.; 2013 U.S. Dist. LEXIS 50079). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-4%20Mealey%27s%20Litig.%20Rep.%20Mold%201%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' WASHINGTON, D.C. - Based on a determination in a recent ruling, the U.S. Supreme Court on April 1 issued an order granting a petition for writ of certiorari filed by a manufacturer of washing machines, vacating a decision that upheld the certification of a class of Ohio residents who purchased washing machines that allegedly grew mold (Whirlpool Corporation v. Gina Glazer and Trina Allison, individually and on behalf of others similarly situated, No. 12-322, U.S. Sup.; See June 2012, Page 4). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-4%20Mealey%27s%20Litig.%20Rep.%20Mold%202%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' ST. THOMAS, Virgin Islands - A Virgin Islands federal judge on March 22 refused a landlord's request for a new trial in relation to a verdict awarded to an employee of the Virgin Islands Bureau of Internal Revenue (VIBIR) who claimed that mold in a building where she worked made her ill, but the judge reduced the amount of noneconomic damages awarded to her (Lorraine Smith v. Sydney Katz, No. 2010-39, D. V.I.; 2013 U.S. Dist. LEXIS 40804). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-4%20Mealey%27s%20Litig.%20Rep.%20Mold%203%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on March 12 affirmed a portion of a trial court's decision allowing an insurer to assert policy defenses against the builders of an allegedly defective home but reversed a part of the ruling that found that collateral estoppels applied in relation to underlying litigation (American Family Mutual Insurance Company v. Cara Clancy, et al., No. 11-16270, 9th Cir.; 2013 U.S. App. LEXIS 4926). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-4%20Mealey%27s%20Litig.%20Rep.%20Mold%204%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' LANSING, Mich. - A Michigan appeals court on March 21 affirmed a trial court's decision that a roofers' insurance policy provided coverage for certain damage sustained at an apartment complex, finding that various exclusions did not apply to the facts of the case (Oak Creek Apartments LLC, et al. v. Auto-Owners Insurance Company, et al., No. 308256, Mich. App.; 2013 Mich. App. LEXIS 550). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-4%20Mealey%27s%20Litig.%20Rep.%20Mold%205%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' MINNEAPOLIS - A Minnesota federal judge on March 18 granted summary judgment for an insurer, finding that a policy issued to the builder of a townhouse complex that contained numerous construction defects clearly excluded coverage related to mold growth (MM Home Builders Inc., as assignee of Corporate 4 Insurance Agency v. Endurance American Specialty Insurance Inc., No. No. 12-374, D. Minn.; 2013 U.S. Dist. LEXIS 3658). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-4%20Mealey%27s%20Litig.%20Rep.%20Mold%206%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' GREENVILLE, Miss. - A Mississippi federal judge on March 27 granted summary judgment and a motion to dismiss filed by the franchisers of a hotel chain, dismissing an employee's claims that they were liable for mold-related injuries that he sustained while working and living in various hotels (Matthew Coombs v. Unique Refinishers Inc., et al., No. 2:12CV102, N.D. Miss.; 2013 U.S. Dist. LEXIS 43494). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-4%20Mealey%27s%20Litig.%20Rep.%20Mold%207%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' BEAUMONT, Texas - A Texas court on March 28 reversed a trial court's decision that refused to dismiss a cigar store owner's fraud-related claim against an engineer that installed an allegedly defective humidification system that resulted in mold growth, finding that it failed to submit any specific misrepresentation made by the engineer (Packard Engineering Associates and Richard Packard v. The Sally Group, L.L.C., D/B/A RI024 Cigars and Premier Bar, et al., No. 09-12-00325, Texas App., 9th Dist.; 2013 Tex. App. LEXIS 3891). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-4%20Mealey%27s%20Litig.%20Rep.%20Mold%208%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' RENO, Nev. - A Nevada federal judge on March 11 granted a landlord's motion to dismiss a complaint filed by the United States based on allegations that he discriminated against a tenant in relation to her mold allergies, finding that the complaint was untimely (United States of America v. Douglas Weilburg, No. 3:12-cv-00571, D. Nev.; 2013 U.S. Dist. LEIS 33884). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-4%20Mealey%27s%20Litig.%20Rep.%20Mold%209%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' BROOKLYN, N.Y. - A New York court on March 13 affirmed a decision denying summary judgment for an employee who was injured when a staircase collapsed in a home, finding that he failed to show that the homeowner was liable for negligent construction or mold damage (Anthony Bunting v. Thomas Haynes, No. 2012-02717, N.Y. Sup., App. Div., 2nd Dept.; 2013 N.Y. App. Div. LEXIS 1478). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-4%20Mealey%27s%20Litig.%20Rep.%20Mold%2010%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' TRENTON, N.J. - A New Jersey appeals court on Feb. 26 affirmed a decision issued in favor of a condominium association, finding that the purchasers failed to provide any evidence that the sellers concealed mold and other problems (Lauren La Santa, et al. v. Mill Pointe Condominium Association, No. A-4258-11T3, N.J. Super., App. Div.; 2013 N.J. Super. Unpub. LEXIS 428). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-4%20Mealey%27s%20Litig.%20Rep.%20Mold%2011%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' ST. LOUIS - An Illinois federal court on March 22 denied a motion to dismiss filed by the owners of a commercial rental that allegedly contained mold, finding that a man who worked in the building and alleges that he was made ill by exposures to harmful substances sufficiently pleaded his fraud-related claims (Yan Shifrin v. Associated Banc Corp., et al., No. 3:12-cv-00839, S.D. Ill.; 2013 U.S. Dist. LEXIS 40777). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-4%20Mealey%27s%20Litig.%20Rep.%20Mold%2012%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' ATLANTA - A Georgia appeals panel on March 28 found that the record does not show that insurers' subrogation and assigned claims for contribution and indemnity are barred by a voluntary payment, reversing the lower court's ruling against the insurers in their lawsuit seeking subrogation recovery for the amounts paid by them on behalf of their general contractor insured to settle underlying claims brought by hotel owners (Zurich American Insurance Co., et al. v. Heard, et al., No. A12A2544, Ga. App., 3rd Div.; 2013 Ga. App. LEXIS 307). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-4%20Mealey%27s%20Litig.%20Rep.%20Mold%2013%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' HOT SPRINGS, Ark. - An Arkansas federal judge on March 4 adopted a magistrate judge's report and recommendation in relation to an inmate's claims about unsanitary living conditions, including mold growth, and other complaints, refusing to dismiss certain allegations regarding unconstitutional living conditions and a denial of medical care (Justin Hamblin v. Captain Steed, No. 6:11-cv-06026, W.D. Ark.; 2013 U.S. Dist. LEXIS 28829). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-4%20Mealey%27s%20Litig.%20Rep.%20Mold%2014%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' FRANKFORT, Ky. - The Kentucky Court of Appeals on March 15 affirmed a verdict for construction contractors who claim that they were not paid for work performed on a new home, regardless of numerous building code violations on the project (Sherry Crouch, et al. v. Bobby Bilbrey, et al., No. 2011-CA-002098-MR, Ky. App.; 2013 Ky. App. Unpub. LEXIS 232). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-3%20Mealey%27s%20Litig.%20Rep.%20Mold%201%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' SEATTLE - A Washington appeals court on Feb. 25 reversed a ruling that found that the sellers of a home concealed defects and that awarded the purchasers damages, finding that the purchasers of the house knew about problems with the house before the sale and failed to make further inquiries into rot that was discovered after inspections (Nigel and Kathleen Douglas v. Terry Visser and Diane Visser, No. 67242-8-I, Wash. App., Div. 1; 2013 Wash. App. LEXIS 372). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-3%20Mealey%27s%20Litig.%20Rep.%20Mold%202%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' WILMINGTON, Del. - After finding that residents and a condominium association were responsible for water leaks and mold in another resident's condo, a Delaware justice on Jan. 16 awarded her $62,180 in damages for the cost of repairs (Debra and William Bennett v. Plantations E. Condominium Assoc. Inc., No. S12C-04-002, Del. Super.; 2013 Del. Super. LEXIS 28). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-3%20Mealey%27s%20Litig.%20Rep.%20Mold%203%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW YORK - A New York justice on Feb. 15 granted summary judgment on the majority of a resident's claims against the owners of a condominium complex in relation to water damage, but allowed her negligence claim regarding mold growth to proceed (Maria F. Pedalino v. Woodhill Green Condominium Inc., et al., No. 8588/09, N.Y. Sup., New York Co.; 2013 NY Slip Op 50238$(U$)). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-3%20Mealey%27s%20Litig.%20Rep.%20Mold%204%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' FLORENCE, S.C. - A South Carolina federal judge on Feb. 20 denied a condominium builder's motion for a new trial in relation to its claims that a defectively designed heating, ventilation and air conditioning (HVAC) system resulted in mold growth, finding that the court did not err in prohibiting certain jury instructions on regulations for architects and engineers (Vista del Condominiums LLC v. Nichols Brosch Wurst Wolfe & Associates Inc., et al., No. 4:09-cv-02869, D. S.C.; 2013 U.S. Dist. LEXIS 23095). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-3%20Mealey%27s%20Litig.%20Rep.%20Mold%205%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' JACKSON, Tenn. - After finding that claims asserted by the daughters of a school custodian who alleged that mold exposure caused their mother's death were barred by the exclusive remedy provision of workers' compensation law, a Tennessee appeals court on Feb. 13 affirmed dismissal of their complaint (Celia Moody Rodgers, et al. v. GCA Services Group Inc., No. W2012-01173-COA-R3-CV, Tenn. App.; 2013 Tenn. App. LEXIS 99). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-3%20Mealey%27s%20Litig.%20Rep.%20Mold%206%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW YORK - A New York justice on Jan. 23 granted a cross-petition filed by a housing authority and others to dismiss a petition filed against it by the owner of an apartment complex, which committed various housing code violations, finding that the owner's claim for subsidy payments was time-barred (In the Matter of the Application of 2961-65 Marion LLC v. John B. Rhea, et al., No. 102865/2012, N.Y. Sup., New York Co.; 2013 N.Y. Misc. LEXIS 277). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-3%20Mealey%27s%20Litig.%20Rep.%20Mold%207%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' LANSING, Mich. - A Michigan appeals court on Feb. 14 reversed portions of a trial court's ruling in a declaratory judgment action filed by an insurer in relation to mold-related coverage claims, including a decision that found that a construction company was not entitled to penalty interest (Hastings Mutual Insurance Company v. Mosher Dolan Cataldo & Kelly Inc., No. 296791, Mich. App.; 2013 Mich. App. LEXIS 292). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-3%20Mealey%27s%20Litig.%20Rep.%20Mold%208%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' HAMMOND, Ind. - An Indiana federal judge on Feb. 8 granted a motion filed by the owners of various senior living facilities that allegedly contain mold to transfer an insurance declaratory judgment action to South Carolina, finding that Indiana was an improper venue (Allied World Assurance Company Inc. v. Ahepa National Housing Corp., et al., No. 2:12cv317, N.D. Ind.; 2013 U.S. Dist. LEXIS 17101). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-3%20Mealey%27s%20Litig.%20Rep.%20Mold%209%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' ORANGE, Texas - A purchaser on Jan. 30 filed a complaint in a Texas court against the maker of her manufactured home, alleging that the home contained numerous defects, including mold, and seeking damages (Mary Bouley v. Oak Creek Homes, LP, No. A130034-C, Texas Dist., Orange Co.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-3%20Mealey%27s%20Litig.%20Rep.%20Mold%2010%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' MINNEAPOLIS - A Minnesota federal judge on Feb. 27 adopted a magistrate judge's report and recommendation that judgment be entered in favor of a bank and other defendants, finding that claims asserted by a tenant in relation to the conditions in his apartment were based on the same factual allegations he alleged in underlying state court cases (John E. Peet v. Associated Bank, et al., No. 11-2544, D. Minn.; 2013 U.S. Dist. LEXIS 26556). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=13-3%20Mealey%27s%20Litig.%20Rep.%20Mold%2011%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' HELENA, Ark. - An Arkansas federal judge on Feb. 22 adopted a report and recommendation of a federal magistrate judge, who opined that an inmate's mold-related exposure claims against various prison officials should be dismissed (Marvin Amerson v. T.C. Outlaw, et al., No. 2:11-cv-00130, E.D. Ark.; 2013 U.S. Dist. LEXIS24479).