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 2012 http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=12-5%20Mealey%27s%20Litig.%20Rep.%20Mold%201%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank ST. PAUL, Minn. - A Minnesota appeals court on April 9 affirmed a decision and award of damages for the purchasers of a home that contained water leaks and mold, upholding a finding that the seller knowingly failed to disclose material facts about the property on a seller disclosure form (Alan J. Roers, et al. v. Michael B. Pierce, et al., No. A11-614, Minn. App.; 2012 Minn. App. Unpub. LEXIS 278). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=12-5%20Mealey%27s%20Litig.%20Rep.%20Mold%202%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank WATERBURY, Conn. - A Connecticut judge on March 27 ruled in favor of the seller of a home, finding that the purchasers failed to show that she negligently or fraudulently misrepresented that there were no water leaks in the basement of the house (Cameron Foster, et al. v. Jacquelyn Nicolari, No. CV065002097, Conn. Super., Waterbury Judicial Dist.; 2012 Conn. Super. LEXIS 831). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=12-5%20Mealey%27s%20Litig.%20Rep.%20Mold%203%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank COLUMBUS, Ohio - An Ohio federal judge on April 6 granted various motions for summary judgment in favor of the sellers of a home that allegedly contained mold, their real estate agents and others, finding no evidence that the defendants concealed water and mold damage from the purchasers (Jason A. Milner, et al. v. Robin Biggs, et al., No. 2:10-cv-00904, S.D. Ohio). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=12-5%20Mealey%27s%20Litig.%20Rep.%20Mold%204%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank AUSTIN, Texas - The Supreme Court of Texas on April 20 affirmed an appeals court's decision to uphold a judgment that awarded the purchaser of a home nothing on his claim under the Texas Deceptive Trade Practices Consumer Protection Act (DTPA) but reversed a decision in relation to an insurer and remanded the case so that a trial court could consider the insurer's challenges to the factual sufficiency of the evidence that supported the jury's findings (Dr. Erwin Cruz v. Andrews Restoration Inc., d/b/a Protech Services and Rudy Martinez, No. 10-0995, Texas Sup.; 2012 Tex. LEXIS 341; See September 2010, Page 12). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=12-5%20Mealey%27s%20Litig.%20Rep.%20Mold%205%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank MARKHAM, Ill. - An Illinois appeals court on March 30 reversed a summary judgment ruling in favor of a school district, finding that a trial court erred in finding that the district had a right to selectively tender the defense of numerous mold-related law suits filed against it to an insurer (Illinois School District Agency v. The St. Charles Community Unit School District 303, a United of Local Government, Nos. 1-10-0088, 1-10-2005, Ill. App., 1st. Dist., 6th Div.; 2012 Ill. App. LEXIS 242). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=12-5%20Mealey%27s%20Litig.%20Rep.%20Mold%206%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank CINCINNATI - The Sixth Circuit U.S. Court of Appeals on April 10 affirmed a district court's decision granting summary judgment for an insurer named in a coverage action, finding that a television company failed to show that mold in a property it leased damaged the company's property and rendered the building unusable, causing it to suffer covered losses (Universal Image Productions Inc. v. Federal Insurance Co., No. 10-1564, 6th Cir.; 2012 U.S. App. LEXIS 7187; See April 2010, page 18). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=12-5%20Mealey%27s%20Litig.%20Rep.%20Mold%207%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank HARTFORD, Conn. - A Connecticut appeals court on April 4 affirmed a summary judgment ruling in favor of a landlord, finding that a family was aware of their alleged mold-related injuries as early as 2001 and, therefore, their claims for negligence were time-barred (Denise Mollica, et al. v. Edward Toohey, No. 32536, Conn. App.; 2012 Conn. App. LEXIS 161). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=12-5%20Mealey%27s%20Litig.%20Rep.%20Mold%208%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW YORK - In a majority ruling, a New York court on March 6 found that a tenant submitted sufficient evidence to show that mold growth in her apartment could cause the types of health issues she suffered, reversing an order dismissing her complaint against the previous owner of the building (Brenda Cornell v. 360 West 51st Street Realty LLC, et al., No. 113104/04, 4810, N.Y Sup., App. Div., 1st Dept.; 2012 N.Y. App. Div. LEXIS 1614). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=12-5%20Mealey%27s%20Litig.%20Rep.%20Mold%209%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank MIDDLETOWN, Conn. - A Connecticut judge on April 5 entered a ruling in favor of tenants who said they were retaliated against for complaining about mold, finding that the company that filed the case improperly listed itself as their landlord (Matt-Kate Clinton LLC v. Farid Amiri, et al., No. MMXCV18767, Conn. Super.; 2012 Conn. Super. LEXIS 940). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=12-5%20Mealey%27s%20Litig.%20Rep.%20Mold%2010%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank GRAND RAPIDS, Mich. - A Michigan appeals court on April 19 affirmed a trial court's decision that granted a motion to compel discovery in favor of the owner of an apartment complex but vacated a default judgment entered against a tenant who alleged that she suffered damages caused by mold growth, finding that the trial court did not complete the required analysis before entering the default judgment (Bridget Tolliver v. Stonebrook III Dividend Housing Association L.P., d/b/a Stonebrook Townhomes and Stonebrook Apartments, No. 303290, Mich. App.; 2012 Mich. App. LEXIS 718). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=12-5%20Mealey%27s%20Litig.%20Rep.%20Mold%2011%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank LAKE CHARLES, La. - A Louisiana appeals court on April 10 affirmed the majority of a decision awarding damages to the purchasers of manufactured homes that contained vinyl siding that allegedly caused mold, but amended the ruling to award the manufacturer a use credit for rent one of the owners charged leading up to trial (Crystal Smith, et al. v. Cappaert Manufactured Housing Inc., et al., No. 11-1464, La. App., 3rd Cir.; 2012 La. App. LEXIS 474). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=12-5%20Mealey%27s%20Litig.%20Rep.%20Mold%2012%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank MINEOLA, NY - A New York justice on April 3 denied a motion filed by a tenant seeking additional discovery in relation to her alleged injuries caused by mold and other conditions in her apartment, finding that the information was not discoverable or was irrelevant (Holly Geyer v. Cynthia Perloff, et al., No. 009476/10, N.Y. Sup., Nassau Co.; 2012 NY Slip Op 30890U). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=12-5%20Mealey%27s%20Litig.%20Rep.%20Mold%2013%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank HOUSTON - A Texas appeals court on April 3 affirmed a summary judgment ruling in favor of an environmental-testing firm that was hired to test a property for mold and named as a third-party defendant by Sears Roebuck & Co. in an action seeking damages in relation to faulty installation of siding, finding no evidence that Sears was a party to the contract between its insurer and the testing firm (Sears Roebuck & Co. v. ACM Engineering & Environmental Services, No. 14-11-00363-CV, Texas App., 14th Dist.; 2012 Tex. App. LEXIS 2605). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=12-5%20Mealey%27s%20Litig.%20Rep.%20Mold%2014%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank OAKLAND, Calif. - A commercial general liability insurance company breached its duty to defend allegations against insureds regarding construction defects in their work in a home, a California federal judge found April 26, awarding damages of $301,334 plus interest to the insureds (Swi-Co Construction Inc., et al. v. AMCO Insurance Co., et al., No. 10-3122, N.D. Calif.; 2012 U.S. Dist. LEXIS 59391). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=12-5%20Mealey%27s%20Litig.%20Rep.%20Mold%2015%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank HARRISBURG, Pa. - A Pennsylvania court on April 13 affirmed a decision made by a workers' compensation board to reverse a judge's ruling granting a woman's claim for compensation for injuries caused by mold exposure at work, finding that her claim was time-barred (Robyn Kochan v. Workers' Compensation Appeal Board [Keystone Automotive Operations], No. 1456 C.D. 2011, Pa. Cmwlth.; 2012 Pa. Commw. Unpub. LEXIS 257). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=12-5%20Mealey%27s%20Litig.%20Rep.%20Mold%2016%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank AKRON, Ohio - An Ohio federal judge on April 30 dismissed various claims asserted by a tenant against her landlord in relation to an alleged failure to remedy mold and other problems at a property she rented, finding that the court lacked jurisdiction over her claims (LeRay S. Gibson v. Joseph Kury, et al., No. 5:12 CV 140, N.D. Ohio.; 2012 U.S. Dist. LEXIS 59764). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=12-5%20Mealey%27s%20Litig.%20Rep.%20Mold%2017%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank LANSING, Mich. - A Michigan appeals court on April 12 affirmed a tribunal's ruling to increase the tax liability of homeowners to account for an addition they built to stabilize their home after it suffered storm damage and to combat black mold (David Fisher, et al. v. Township of White River, No. 303159, Mich. App.; 2012 Mich. App. LEXIS 664). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=12-4%20Mealey%27s%20Litig.%20Rep.%20Mold%201%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank RICHMOND, Va. - A Fourth Circuit U.S. Court of Appeals panel on March 13 affirmed a ruling that granted a motion to dismiss claims asserted against a school board and others by a former teacher who allegedly suffered personal injuries caused by mold at work, upholding a decision that she failed to allege a cognizable violation of her constitutional rights (Christina G. Hood v. Suffolk City School Board, et al., No. 11-1044, 4th Cir.; 2012 U.S. App. LEXIS 5377; See February 2011, Page 10). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=12-4%20Mealey%27s%20Litig.%20Rep.%20Mold%202%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank BATON ROUGE, La. - A Louisiana appeals court on March 22 reversed a ruling granting a peremptory exception that raised the issue of res judicata in favor of a construction company that was sued by homeowners who alleged that defects and a faulty foundation caused mold and other issues, finding the decision based on an unconfirmed arbitration award (Jonathan Greer, et al. v. Town Construction Co. Inc., et al., No. 2011 CA 1360, La. App., 1st Cir.; 2012 La. App. LEXIS 387). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=12-4%20Mealey%27s%20Litig.%20Rep.%20Mold%203%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank CLEVELAND - An Ohio appeals court on March 22 reversed an order of specific performance that would require a tenant to return a bowling alley to an operable state, finding that requiring him to first remediate mold and water damage at the site would cause undue hardship and would be inequitable (Midamco v. Mark L. Sashko, et al., Nos. 96683 and 97180, Ohio App., 8th Dist.; 2012 Ohio App. LEXIS 1066). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=12-4%20Mealey%27s%20Litig.%20Rep.%20Mold%204%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank MARKHAM, Ill. - An Illinois appeals court on March 9 affirmed a trial court's decision to deny a motion to amend filed by a former employee at a law firm who sought to add a claim for spoliation of mold evidence, finding that her request was not timely (Simonetti Samuels v. Tishman Speyer Properties Inc., et al., No. 1-10-2120, Ill. App., 1st Dist., 6th Div.; 2012 IL App. [1st] 102120U). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=12-4%20Mealey%27s%20Litig.%20Rep.%20Mold%205%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank TRENTON, N.J. - A New Jersey federal judge on March 27 partially granted a motion to dismiss filed by the manufacturer of allegedly defective washing machines of fraud claims asserted under New Jersey and California law by a consumer who filed a putative class action alleging that the machines smell of mold and mildew after use (Daisy Montich v. Miele USA Inc., No. 11-02725, D. N.J.; 2012 U.S. Dist. LEXIS 41398). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=12-4%20Mealey%27s%20Litig.%20Rep.%20Mold%206%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank DENVER - A Colorado appeals court on March 29 affirmed a ruling in favor of an insurer, finding that tenants' claims that they suffered injuries caused by raw sewage in their rental property were excluded under an absolute pollution exclusion in various policies issued to the owner of the property (Shadi Figuli, et al. v. State Farm Mutual Fire & Casualty, dba State Farm Insurance Companies, No. 11CA0613, Colo. App., Division V). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=12-4%20Mealey%27s%20Litig.%20Rep.%20Mold%207%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank BATON ROUGE, La. - A Louisiana federal judge on March 5 refused to reconsider a summary judgment ruling dismissing various claims asserted by homeowners who sought insurance coverage for storm damage to their home and granted leave to the insurer to move for summary judgment on the only remaining tort allegation (Phillip Burnett, et al., v. State Farm Fire and Casualty Co., No. 09-166, M.D. La.; 2012 U.S. Dist. LEXIS 28687; See December 2011, Page 17). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=12-4%20Mealey%27s%20Litig.%20Rep.%20Mold%208%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank MONROE, La. - A Louisiana federal judge on March 22 granted an insurer's motion to dismiss personal injury claims, finding that homeowners who sought coverage under an insurance policy failed to submit any evidence that the insurer breached a contract with them by failing to cover property damage that resulted in mold growth (John Herrington, et al. v. American Security Ins. Co., aka Assurant Specialty Property, No. 11-1827, W.D. La.; 2012 U.S. Dist. LEXIS 39373). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=12-4%20Mealey%27s%20Litig.%20Rep.%20Mold%209%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW HAVEN, Conn. - A Connecticut judge on Feb. 7 found that a landlord was entitled to summary judgment on a complaint filed by a tenant, finding that the tenant failed to disclose an expert to testify that various injuries she suffered were caused by mold growth and ruling that her complaint was solely based on mold exposure (Patricia S. Hatch v. Daniel Garrett, et al., No. NNHCV095026690S, Conn. Super., New Haven Dist.; 2012 Conn. Super. LEXIS 401). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=12-4%20Mealey%27s%20Litig.%20Rep.%20Mold%2010%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank BOSTON - A Massachusetts appeals court on March 12 affirmed a ruling and an award of damages issued by a housing court in favor of a tenant who alleged that her apartment contained water leaks and mold, finding that the trial judge could infer that the apartment contained mold even though the tenant did not provide expert testimony (North Village at Webster v. Nicole Braman, No. 11-391, Mass. App.; 2012 Mass. App. Unpub. LEXIS 292). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=12-4%20Mealey%27s%20Litig.%20Rep.%20Mold%2011%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW YORK - A New York justice on March 19 dismissed a third-party complaint filed by a landlord against a contractor, finding that a settlement between the contractor and a tenant who alleged that he suffered personal injuries caused by mold released the company from any liability (Michele K. Hsu v. Millennium Partners LLC, et al., No. 114338/2010, N.Y. Sup., New York Co.; 2012 NY Slip Op 30685U). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=12-4%20Mealey%27s%20Litig.%20Rep.%20Mold%2012%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW ORLEANS - A Louisiana appeals court on March 7 reversed a summary judgment ruling in favor of a condominium owner who allegedly failed to repair storm damage that resulted in water and mold issues in an adjoining condo, finding that he failed to present any evidence that the damage was covered under the condo association's insurance policy (Pamela Hatheway Person, et al. v. 2434 St. Charles Avenue Condominium Association, et al., No. 2011-CA-1097, La. App., 5th Cir.; 2012 La. App. LEXIS 284). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=12-4%20Mealey%27s%20Litig.%20Rep.%20Mold%2013%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank PANAMA CITY, Fla. - A Florida federal judge on March 19 dismissed the remaining claims asserted by residents of a condominium that allegedly contained mold and other defects against the owner of the complex, finding that they failed to show that the company committed fraud or breached their contract of sale (Joshua S. Friebel, et al. v. Paradise Shores of Bay County LLC, et al., No. 5:10-cv-120, N.D. Fla.; 2012 U.S. Dist. LEXIS 36384). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=12-4%20Mealey%27s%20Litig.%20Rep.%20Mold%2014%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank DETROIT - A Michigan federal judge on March 29 granted a tenant's motion for summary judgment on a landlord's cross-claim for indemnity, finding that after the tenant was made aware of a hazardous mold condition, it acted responsibly (Robert Osterhage v. First Industrial Realty Trust, et al., No. 10-14718, E.D. Mich.; 2012 U.S. Dist. LEXIS 43625). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=12-4%20Mealey%27s%20Litig.%20Rep.%20Mold%2015%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank COLUMBUS, Ohio - An Ohio appeals court on March 22 affirmed a trial court ruling that adopted a magistrate judge's finding that a man was liable to pay for water- and mold-damaged judo mats he borrowed under an agreement, finding that he failed to submit any transcript or affidavit to support his challenges to the judge's findings of fact (J. Christopher Parkerson v. Dr. Shie-Ming Hwang, No. 11AP-534, Ohio App., 10th Dist.; 2012 Ohio App. LEXIS 1074). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=12-3%20Mealey%27s%20Litig.%20Rep.%20Mold%201%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank ST. PAUL, Minn. - A Minnesota appeals court on Feb. 6 affirmed a trial court's ruling and jury verdict for construction negligence in favor of the purchasers of a home that contained mold, finding that the trial court did not err when it refused to reduce the verdict based on the collateral-estoppel doctrine (Curtis G. Marks, et al. v. Erotas Building Corp., et al., No. A11-514, Minn. App.; 2012 Minn. App. Unpub. LEXIS 105). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=12-3%20Mealey%27s%20Litig.%20Rep.%20Mold%202%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank JAMAICA, NY - A New York justice on Feb. 22 granted summary judgment to the sellers of a home that allegedly contained defects and other problems but denied judgment on certain fraud claims related to whether the sellers actively concealed mold contamination from the purchasers (Timothy Gould, et al. v. WRG Acquisition II, LLC, et al., No. 6128/2011, N.Y. Sup., Queens Co.; 2012 N.Y. Slip Op 30461U). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=12-3%20Mealey%27s%20Litig.%20Rep.%20Mold%203%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank RALEIGH, N.C. - A North Carolina appeals court on Feb. 7 partially reversed a ruling that awarded a tenant damages for her medical bills, finding that the trial court erred in accepting the bills without accompanying expert testimony on a causal link to mold exposure, and reduced other damages she was awarded against her landlord (Remi as agent for Antonio Izquierdo v. Shalonda Tyrone, No. COA11-877, N.C. App.; 2012 N.C. App. LEXIS 181). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=12-3%20Mealey%27s%20Litig.%20Rep.%20Mold%204%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank ALBANY, NY - A New York federal judge on Feb. 28 granted a landlord's motion to dismiss claims for disparate treatment asserted by a tenant who alleged that the landlord failed to remedy flooring and mold problems in the apartment but found that the tenant sufficiently pleaded that he suffered a handicap under U.S. law (Joseph J. Riccardo v. Jonathan Cassidy, No. 1:10-cv-462, N.D. N.Y.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=12-3%20Mealey%27s%20Litig.%20Rep.%20Mold%205%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW YORK - A New York justice on Feb. 8 awarded rent abatement for a tenant after determining that his landlord failed to remedy mold and other issues in his apartment pursuant to an agreement between the parties (Rogans Realty Corp. v. Ignacio Leal Roman, 607 West 180th Street, Apt 54 New York, NY 10033, No. 75373/2011, N.Y. Sup., New York Co.; 2012 N.Y. Misc. LEXIS 523). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=12-3%20Mealey%27s%20Litig.%20Rep.%20Mold%206%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank HOUSTON - A Texas appeals court on Feb. 28 affirmed a trial court's judgment notwithstanding a verdict (JNOV) that was issued in favor of a corporation that was created for the purpose of purchasing a multimillion dollar home, finding that an environmental inspection company did not make misrepresentations about mold contamination to induce the corporation into purchasing the house (Arlington Home Inc. v. Peak Environmental Consultants Inc., et al., No. 14-10-01000-CV, Texas App., 14th Dist.; 2012 Tex. App. LEXIS 1506). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=12-3%20Mealey%27s%20Litig.%20Rep.%20Mold%207%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank SIOUX FALLS, S.D. - A South Dakota federal magistrate judge on Feb. 21 granted the majority of discovery requests made by homeowners who sought insurance coverage for mold and other storm damage, ordering their insurer to produce various documents, including personnel files (Sylvia Kirschenman, et al. v. Auto-Owners Insurance, No. 09-4190, D. S.D.; 2012 U.S. Dist. LEXIS 20361). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=12-3%20Mealey%27s%20Litig.%20Rep.%20Mold%208%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank COLUMBUS, Ohio - An Ohio federal judge on Feb. 10 denied a motion to amend a complaint filed by the purchasers of a home that allegedly contained mold, finding that allowing them to amend the pleading at such a late stage in the case would prejudice the defendants, which include the former owners of the house and a title agency (Jason A. Milner, et al. v. Robin Biggs, et al., No. 2:10-cv-00904, S.D. Ohio). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=12-3%20Mealey%27s%20Litig.%20Rep.%20Mold%209%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank BROOKLYN, NY - A New York appeals court on Feb. 16 affirmed a summary judgment ruling in favor of a condominium board, finding that the owners of the unit failed to show that they suffered a covered loss under the condominium bylaws in relation to mold caused by water leaks (The Board of Managers of White Sands Condominium v. Jerome Cooper, et al., No. 2010-3037, N.Y. Sup., App. Div., 2nd Dept.; 2012 N.Y. Misc. LEXIS 731). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=12-3%20Mealey%27s%20Litig.%20Rep.%20Mold%2010%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW YORK - A New York justice on Feb. 28 ordered an injunction restraining a resident from prohibiting the agents of a condominium board from entering the condominium unit and completing mold remediation (The Columbia Condominium By Its Board of Managers v. Farrin B. Ullah, et al., No. 100559/12, N.Y. Sup., New York Co.; 2012 N.Y. Slip. Op. 30438U). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=12-3%20Mealey%27s%20Litig.%20Rep.%20Mold%2011%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank INDIANAPOLIS - The Indiana Court of Appeals on Feb. 27 upheld a trial court decision to allow a claim of breach of the implied warranty of habitability to proceed in a construction defects action, concluding that the trial court did not err by denying summary judgment (John Zelenak, et al. v. ARC Construction Management LLC, et al., No. 10A01-1106-CT-247, Ind. App.; 2012 Ind. App. LEXIS 74).