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Pa. Federal Judge Denies Reconsideration Of Insurance Summary Judgment
Posted on 8 May 2012 by Mealeys

PHILADELPHIA - A Pennsylvania federal judge on May 4 denied motions to reconsider his denial of summary judgment in favor of five insurance companies in an asbestos coverage case (General Refractories Company v. First State Insurance Co., et al., No.... Read More

Reconsideration Of Ruling In Mortgage-Backed Securities Suit Denied
Posted on 30 Aug 2012 by Mealeys

NEW YORK - A federal judge in New York on Aug. 28 denied a motion for reconsideration in a securities class action lawsuit against Bank of America Corp. (BoA) and others, ruling that he had properly determined that shareholders had properly pleaded scienter... Read More

Federal Court Does Not Have Removal Jurisdiction Over Provider's Claim
Posted on 7 May 2012 by Mealeys

PHILADELPHIA - A hospital lacked standing as a participant or a beneficiary to bring a claim for benefits under Employee Retirement Income Security Act Section 502(a); therefore, the hospital's breach of contract claim against the sponsor and third... Read More

5th Circuit: Defense Employee's War Injury Claims Precluded By Defense Base Act
Posted on 10 Jan 2013 by Mealeys

NEW ORLEANS - Insurance claims for an injury sustained by a defense contractor employee while assisting the armed forces in Iraq are subject to the Defense Base Act (DBA), a Fifth Circuit U.S. Court of Appeals panel found Jan. 7, thereby precluding the... Read More

Federal Judge Dismisses OneWest From 'Foreclosure Rescue Scam' Suit
Posted on 6 Nov 2012 by Mealeys

PHILADELPHIA - In a suit in which a borrower alleges a "foreclosure rescue scam," a federal judge in Pennsylvania on Nov. 2 granted the motion for summary judgment filed by OneWest Bank FSB, which assumed a loan in question when it acquired... Read More

$23.5 Million Dollar Settlement Reach in Constar IPO Securities Class Action
Posted on 6 Sep 2012 by Mealeys

PHILADELPHIA - Lead plaintiffs and defendants in a securities class action lawsuit against a company, certain of its officers and directors and others have agreed to a $23.5 million settlement of claims pertaining to the defendants' alleged misrepresentations... Read More

Avandia MDL Judge Remands Utah, Louisiana Cases; No Federal Question Found
Posted on 6 Apr 2012 by Mealeys

PHILADELPHIA - The Pennsylvania federal judge overseeing the Avandia multidistrict litigation on April 4 remanded lawsuits by the states of Utah and Louisiana to state court after finding that there is no substantial federal issue ( In Re: Avandia Marketing... Read More

Federal Judge Sanctions Plaintiff's Counsel In Credit Reporting Suit
Posted on 20 Mar 2012 by Mealeys

PHILADELPHIA - A federal judge in Pennsylvania on March 16 granted in part a defendant's motion for sanctions against the plaintiff's counsel in a suit that alleged violations of the Fair Credit Reporting Act (FCRA) (Price v. Trans Union LLC,... Read More

Preliminary Approval Granted To Imprelis Settlement Class For Landscape Tree Damage
Posted on 15 Feb 2013 by Mealeys

PHILADELPHIA - A settlement preliminarily approved Feb. 12 in the multidistrict Imprelis products liability litigation consolidated in the U.S. District Court for the Eastern District of Pennsylvania provides for removal and replacement of damaged trees... Read More

Federal Judge Admits Experts On Value Of Land Condemned For Flight 93 Memorial
Posted on 15 Mar 2013 by Mealeys

PITTSBURGH - Government and property owner experts who have vastly different land valuation calculations for the 275-acre farm where United Airlines Flight 93 crashed on Sept. 11, 2001, will be permitted to testify at a just compensation trial in the... Read More

Insurer Has Duty To Defend Insureds, Pennsylvania Federal Judge Finds
Posted on 22 Mar 2013 by Mealeys

PITTSBURGH - An insurer has a duty to defend its insureds against underlying claims stemming from environmental contamination because the policy at issue does not clearly exclude coverage for the underlying claims, a Pennsylvania federal judge said March... Read More

Judge Declines To Dismiss Breach Of Duty Claims Against Insurance Agents
Posted on 8 May 2012 by Mealeys

HARRISBURG, Pa. - An insurer properly pleaded claims for breach of contract and breach of fiduciary duty regarding the issuance of custom bonds against insurance agents within the applicable four- and two-year statute of limitations, a Pennsylvania federal... Read More

Pennsylvania High Court Won't Review Ruling That Keeps Metoclopramide Claims Alive
Posted on 27 Aug 2012 by Mealeys

HARRISBURG, Pa. - The Pennsylvania Supreme Court on Aug. 22 denied petitions by 28 defendants, most of them generic drug manufacturers, to review a Philadelphia County Common Pleas Court ruling denying them preemption summary judgment in the state's... Read More

Lawsuit Dismissed Over Burning Fans, But Plaintiff Has Leave To File Again
Posted on 13 Apr 2012 by Mealeys

PHILADELPHIA - Saying the plaintiff failed to marshal sufficient facts to support her consumer fraud claims, a Pennsylvania federal judge dismissed a putative class action over flaming box fans on April 10, but granted the plaintiff leave to refile (... Read More

Judge Rules On Summary Judgment, Class Certification Motions In Reimbursement Suit
Posted on 15 Oct 2012 by Mealeys

CHICAGO - In separate opinions issued Oct. 12, an Illinois federal judge issued rulings on motions for summary judgment and for judgment on the pleadings and declined to grant class certification to 32 proposed classes in a wrongful reimbursement suit... Read More