LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - 11th Circuit Affirms Expert, Household Duty Rulings, In $3M Asbestos Verdict

BIRMINGHAM, Ala. - A federal judge in Alabama did not err in admitting expert testimony that all significant asbestos exposures contribute to mesothelioma nor in concluding that an employer can be liable for exposing household members to asbestos, an 11th Circuit U.S. Court of Appeals panel held April 26 (Melissa Ann Bobo and Sharon Jean Cox, as co-personal representatives of the estate of Barbara Bobo v. Tennessee Valley Authority, No. 12-S-1930, N.D. Ala., 2015 U.S. Dist. LEXIS 130741).

Mealey's Litigation Procedure - 11th Circuit Affirms Expert, Household Duty Rulings, In $3M Asbestos Verdict

BIRMINGHAM, Ala. - A federal judge in Alabama did not err in admitting expert testimony that all significant asbestos exposures contribute to mesothelioma nor in concluding that an employer can be liable for exposing household members to asbestos, an 11th Circuit U.S. Court of Appeals panel held April 26 (Melissa Ann Bobo and Sharon Jean Cox, as co-personal representatives of the estate of Barbara Bobo v. Tennessee Valley Authority, No. 12-S-1930, N.D. Ala., 2015 U.S. Dist. LEXIS 130741).

Mealey's Toxic Tort/Environmental - 11th Circuit Affirms Expert, Household Duty Rulings In $3M Asbestos Verdict

BIRMINGHAM, Ala. - A federal judge in Alabama did not err in admitting expert testimony that all significant asbestos exposures contribute to mesothelioma nor in concluding that an employer can be liable for exposing household members to asbestos, an 11th Circuit U.S. Court of Appeals panel held April 26 (Melissa Ann Bobo and Sharon Jean Cox, as co-personal representatives of the estate of Barbara Bobo v. Tennessee Valley Authority, No. 12-S-1930, N.D. Ala., 2015 U.S. Dist. LEXIS 130741).

Mealey's PI/Product Liability - Supreme Court Hears Arguments On Personal Jurisdiction For BNSF Injury Suits

WASHINGTON, D.C. - BNSF Railway Co. is not subject to general personal jurisdiction in Montana because it is not at home in that state, the attorney representing BNSF argued on April 25 before the U.S. Supreme Court in the appeal of two personal injury cases that were consolidated by the Montana Supreme Court (BNSF Railway Company v. Kelli Tyrrell, as Special Administrator for the Estate of Brent T. Tyrrell, et al., No. 16-405, U.S. Sup.).

Mealey's Labor & Employment - Supreme Court Hears Arguments On Personal Jurisdiction For BNSF Injury Suits

WASHINGTON, D.C. - BNSF Railway Co. is not subject to general personal jurisdiction in Montana because it is not at home in that state, the attorney representing BNSF argued on April 25 before the U.S. Supreme Court in the appeal of two personal injury cases that were consolidated by the Montana Supreme Court (BNSF Railway Company v. Kelli Tyrrell, as Special Administrator for the Estate of Brent T. Tyrrell, et al., No. 16-405, U.S. Sup.).

Mealey's Banking & Finance - Federal Judge Finds Claims Related To Modification Request Can Proceed

KANSAS CITY, Kan. - A Kansas federal judge on April 20 partially granted a motion filed by a loan management company to dismiss numerous claims asserted against it in relation to the denial of a loan modification, but found that claims for violation of the Truth In Lending Act (TILA) and Regulation X of the Real Estate Settlement Procedures Act (RESPA) can proceed (Douglas and Serenity Boedicker v. Rushmore Loan Management Services, LLC, No. 2:16-cv-02798, D. Kan., 2017 U.S. Dist. LEXIS 60597).

Mealey's PI/Product Liability - Appeals Court Reinstates Association's Warranty Claim Against Developer

MINNEAPOLIS - An appellate court panel in Minnesota on April 17 overturned a trial court judge's ruling finding that a building association's breach of express warranty claim arising from water intrusion caused by a lack of proper caulking was untimely, ruling that the judge applied the wrong statute of limitations period (Town Center Office Plaza Association, Inc. v. Carlson Real Estate Ventures, LLC, et al., No. A16-1230, Minn. App., 2017 Minn. App. Unpub. LEXIS 349).

Mealey's Banking & Finance - Panel: Insurer Breached Duty To Defend Claims Of Suspicious 'Flip' Transactions

CHICAGO - The Seventh Circuit U.S. Court of Appeals on April 10 found that an errors and omissions liability insurer has a duty to defend against underlying claims that its title insurance agency insured executed real estate "flip" transactions "contrary to the spirit and purpose" of its agency contract (Title Industry Assurance Co. v. First American Title Ins. Co., et al., No. 15-3310, 7th Cir., 2017 U.S. App. LEXIS 6092).

Mealey's Insurance - Panel: Insurer Breached Duty To Defend Claims Of Suspicious 'Flip' Transactions

CHICAGO - The Seventh Circuit U.S. Court of Appeals on April 10 found that an errors and omissions liability insurer has a duty to defend against underlying claims that its title insurance agency insured executed real estate "flip" transactions "contrary to the spirit and purpose" of its agency contract (Title Industry Assurance Co. v. First American Title Ins. Co., et al., No. 15-3310, 7th Cir., 2017 U.S. App. LEXIS 6092).

Mealey's Antitrust/Unfair Competition - Federal Judge Finds No Facts Showing Loan Transfer Was Void

SAN DIEGO - A California federal judge on April 5 dismissed numerous claims asserted by a property owner, including causes of action for violations of California's unfair competition law (UCL) and the Real Estate Settlement Procedures Act (RESPA), finding that he failed to plead the claims with the required specificity (Fernando D. Lopez v. Wells Fargo, N.A., et al., No. 16-cv-0811, S.D. Calif., 2017 U.S. Dist. LEXIS 52527).

Mealey's Banking & Finance - Federal Judge Finds No Facts Showing Loan Transfer Was Void

SAN DIEGO - A California federal judge on April 5 dismissed numerous claims asserted by a property owner, including causes of action for violations of California's unfair competition law (UCL) and the Real Estate Settlement Procedures Act (RESPA), finding that he failed to plead the claims with the required specificity (Fernando D. Lopez v. Wells Fargo, N.A., et al., No. 16-cv-0811, S.D. Calif., 2017 U.S. Dist. LEXIS 52527).

Mealey's Litigation Procedure - Federal Magistrate Judge Refuses To Exclude Real Estate Appraisal Testimony

CHICAGO - An Illinois federal magistrate judge on April 4 declined to bar testimony from real estate appraisers in a dispute over a lease's purchase option between a gasoline retailer and a landlord because excluding either appraisal would upset the current balance (Buchanan Energy [N] LLC v. Lake Bluff Holdings LLC, No. 15-3851, N.D. Ill., 2017 U.S. Dist. LEXIS 51403).

Mealey's PI/Product Liability - Expert Testimony Partially Excluded But Fact Issues Exist On Police Indifference

CHICAGO - While partially excluding testimony on an alleged history of indifference by the Chicago Police Department (CPD), an Illinois federal judge ruled March 31 that fact issues remain as to whether the city of Chicago was responsible for a fatal drunken driving accident involving one of its officers (Jose Andres Cazares, as special administrator of the estate of Andrew Cazares, and Fausto T. Manzera, as special administrator of the estate of Fausto A. Manzera, et al. v. Joseph Frugoli, et al., No. 13-5626, N.D. Ill., 2017 U.S. Dist. LEXIS 49938).

Mealey's Litigation Procedure - Expert Testimony Partially Excluded But Fact Issues Exist On Police Indifference

CHICAGO - While partially excluding testimony on an alleged history of indifference by the Chicago Police Department (CPD), an Illinois federal judge ruled March 31 that fact issues remain as to whether the city of Chicago was responsible for a fatal drunken driving accident involving one of its officers (Jose Andres Cazares, as special administrator of the estate of Andrew Cazares, and Fausto T. Manzera, as special administrator of the estate of Fausto A. Manzera, et al. v. Joseph Frugoli, et al., No. 13-5626, N.D. Ill., 2017 U.S. Dist. LEXIS 49938).

Mealey's Antitrust/Unfair Competition - Judge Dismisses UCL Claims Related To Allegedly Unfair Rental Late Fees

SAN DIEGO - A California federal judge on March 31 granted a real estate company's motion to dismiss claims that it violated California's unfair competition law (UCL) when it charged a tenant a late fee, finding that the tenant failed to show that the fees were not practicable (Jordan Kohler v. Greystar Real Estate Partners, LLC, No. 15-cv-02195, S.D. Calif., 2017 U.S. Dist. LEXIS 49762).

Mealey's Insurance - Having Been Told That Insolvent Insurer Is Without Assets, Judge Closes Estate

CHICAGO - An Illinois judge on March 31 ordered the end of the rehabilitation of a workers' compensation trust at the request of the state's director of insurance (In the Matter of the Rehabilitation of Illinois State Bowling Proprietors' & recreational Industry Workers' Compensation Trust, No. 11 CH 36870, Ill. Cir., Cook Co.).

Mealey's Litigation Procedure - Purchase Of Retirement Home Is Relevant To Claim For Disability Benefits, Judge Says

WEST PALM BEACH, Fla. - Because certain circumstances regarding a disability claimant's move to Florida may be relevant to a claim for total disability benefits, a Florida federal judge on March 29 determined that a disability insurer is entitled to information regarding the claimant's real estate transactions (Mark Goodman v. Security Mutual Life Insurance Company of New York, No. 16-81742, S.D. Fla.; 2017 U.S. Dist. LEXIS 45966).

Mealey's Insurance - Purchase Of Retirement Home Is Relevant To Claim For Disability Benefits, Judge Says

WEST PALM BEACH, Fla. - Because certain circumstances regarding a disability claimant's move to Florida may be relevant to a claim for total disability benefits, a Florida federal judge on March 29 determined that a disability insurer is entitled to information regarding the claimant's real estate transactions (Mark Goodman v. Security Mutual Life Insurance Company of New York, No. 16-81742, S.D. Fla.; 2017 U.S. Dist. LEXIS 45966).

Mealey's Toxic Tort/Environmental - Panel: Lead-Poisoning Case Against Kennedy Krieger Researchers Properly Dismissed

ANNAPOLIS, Md. - A Maryland appeals panel on March 22 affirmed a trial court ruling that dismissed a lawsuit against the Kennedy Krieger Institute Inc. (KKI) brought by the estate of a deceased man who contended that he had suffered from lead-paint poisoning as a result of participating in a lead abatement study KKI ran in the 1990s (Kimberly Smith, personal representative of the Estate of Cecil Harris III v. Kennedy Krieger Institute Inc., No. 2241, Sept. Term, 2014; 2017 Md. App. LEXIS 305).

Mealey's Banking & Finance - Federal Judge Finds RESPA Claim Related To Loss Mitigation Fails

FLORENCE, S.C. - A Michigan federal judge on March 21 found that a borrower failed to allege a violation of the Real Estate Settlement Procedures Act (RESPA) in relation to the denial of her loan modification application, finding that even if her claims against the lenders were true, she failed to state a RESPA claim against them (Alice M. Mangum v. First Reliance Bank, et al., No. 4:16-CV-02214, D. S.C., 2017 U.S. Dist. LEXIS 40103).

Mealey's Insurance - Panel Reverses Ruling Against Insurer In Professional Liability Coverage Dispute

INDIANAPOLIS - An Indiana appeals panel on March 16 reversed a lower court's denial of a professional liability insurer's motion for summary judgment and its entry of a declaratory judgment in favor of the insured's estate in a coverage dispute erupting from an underlying malpractice claim (Admiral Insurance Co. v. Joseph Banasiak, No. 45A05-1604-PL-859, Ind. App., 2017 Ind. App. LEXIS 127).

Mealey's Insurance - Judge Releases Liquidator Of Further Responsibilities In Liquidation

HARRISBURG, Pa. - Following the final distribution of an insolvent insurer's assets, a Pennsylvania judge on March 8 released the state's insurance commissioner of her duties regarding the liquidation estate (In re: Commonwealth Insurance Co., No. 1 CIC 2014, Pa. Cmwlth.).

Mealey's PI/Product Liability - Federal Judge Allows Expert Testimony From Both Sides In Wrongful Death Lawsuit

NEW BERN, N.C. - Two medical doctors may testify that a decedent suffered a cardiac event before falling from his wheelchair, a North Carolina federal judge held March 1, also allowing an expert for the decedent's side to testify as to the cause of death (Gwendolyn Jackson Pinnix and Warren Ivan Jackson, executors of the estate of David W. Jackson Sr. v. SSC Silver Stream Operating Company LLC, No. 14-00161, E.D. N.C.; 2017 U.S. Dist. LEXIS 28679).

Mealey's Litigation Procedure - Federal Judge Allows Expert Testimony From Both Sides In Wrongful Death Lawsuit

NEW BERN, N.C. - Two medical doctors may testify that a decedent suffered a cardiac event before falling from his wheelchair, a North Carolina federal judge held March 1, also allowing an expert for the decedent's side to testify as to the cause of death (Gwendolyn Jackson Pinnix and Warren Ivan Jackson, executors of the estate of David W. Jackson Sr. v. SSC Silver Stream Operating Company LLC, No. 14-00161, E.D. N.C.; 2017 U.S. Dist. LEXIS 28679).

Mealey's Banking & Finance - 11th Circuit Finds Lack Of Standing, Affirms Dismissal Of RESPA Claim

ATLANTA - The 11th Circuit U.S. Court of Appeals on March 1 affirmed a district court's decision to dismiss a borrower's claim for violation of the Real Estate Settlement Procedures Act (RESPA) in relation to a written request for information, finding that he failed to show that he had standing to assert a claim for statutory damages (Charles Meeks v. Ocwen Servicing LLC, No. 16-15536, 11th Cir., 2017 U.S. App. LEXIS 3677).