LexisNexis® Legal Newsroom
Mealey's Toxic Tort/Environmental - Employer Owed Duty To Household Member, Judge Says In Awarding $3M

BIRMINGHAM, Ala. - A federal judge on Sept. 29 awarded $3 million in a take-home asbestos case after finding that Alabama law imposes a duty on employers to protect household members from asbestos exposure and applying substantial factor causation (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 Banking & Finance - Judge: Insurer Has Duty To Defend, Indemnify Against Claims Insured Misused Funds

CHICAGO - An Illinois federal judge held on Sept. 24 that an insurer has a duty to defend or indemnify its insured against underlying claims that its insured misused and misappropriated funds involving real estate closing, loan closing and title and escrow services (Title Industry Assurance Co. v. Chicago Abstract Title Agency, et al., No. 14-1906, N.D. Ill.; 2015 U.S. Dist. LEXIS 128096).

Mealey's Insurance - Judge: Insurer Has Duty To Defend, Indemnify Against Claims Insured Misused Funds

CHICAGO - An Illinois federal judge held on Sept. 24 that an insurer has a duty to defend or indemnify its insured against underlying claims that its insured misused and misappropriated funds involving real estate closing, loan closing and title and escrow services (Title Industry Assurance Co. v. Chicago Abstract Title Agency, et al., No. 14-1906, N.D. Ill.; 2015 U.S. Dist. LEXIS 128096).

Mealey's Insurance - Judge: Lawyer Is Unqualified To Testify On Insurance Claims-Handling Process

MIAMI - A lawyer's expertise in insurance law does not match the type of expertise needed to render an expert opinion on the internal standards for handling an insurance claim, a Florida federal judge ruled Sept. 23, excluding the lawyer's testimony in an insurance bad faith lawsuit (Frank Lopez, as personal representative of the Estate of Giraldo Lopez, and Magaly Nunez Delgado, individually and as assignee of Michelle Soto v. Allstate Fire and Casualty Insurance Co., No. 14-20654, S.D. Fla.; 2015 U.S. Dist. LEXIS 127495).

Mealey's Litigation Procedure - Judge: Lawyer Is Unqualified To Testify On Insurance Claims-Handling Process

MIAMI - A lawyer's expertise in insurance law does not match the type of expertise needed to render an expert opinion on the internal standards for handling an insurance claim, a Florida federal judge ruled Sept. 23, excluding the lawyer's testimony in an insurance bad faith lawsuit (Frank Lopez, as personal representative of the Estate of Giraldo Lopez, and Magaly Nunez Delgado, individually and as assignee of Michelle Soto v. Allstate Fire and Casualty Insurance Co., No. 14-20654, S.D. Fla.; 2015 U.S. Dist. LEXIS 127495).

Mealey's Toxic Tort/Environmental - Judge Refuses To Preclude Expert Testimony On Brake Dust Link To Mesothelioma

NEW YORK - A New York federal judge on Sept. 22 declined to exclude an expert's testimony that brake dust causes mesothelioma in a wrongful death lawsuit (Deste C. Relyea, as Executor of the Estate of Jo Ann Relyea v. Borg Warner Corp., et al., No. 12-3564, S.D. N.Y.; 2015 U.S. Dist. LEXIS 126895).

Mealey's Litigation Procedure - Judge Refuses To Preclude Expert Testimony On Brake Dust Link To Mesothelioma

NEW YORK - A New York federal judge on Sept. 22 declined to exclude an expert's testimony that brake dust causes mesothelioma in a wrongful death lawsuit (Deste C. Relyea, as Executor of the Estate of Jo Ann Relyea v. Borg Warner Corp., et al., No. 12-3564, S.D. N.Y.; 2015 U.S. Dist. LEXIS 126895).

Mealey's PI/Product Liability - Florida Jury Rules Cigarette Makers Not Liable For Addiction, Lung Cancer

MIAMI - A jury in Florida on Sept. 22 delivered a defense verdict in a lawsuit brought by a woman who contended that the manufacturers of cigarettes were liable for her husband's death from lung cancer, which she said was caused by his addiction to smoking. The plaintiff had sought between $34,737,000 and $50,676,600 in damages (Teresa Suarez, as the representative of the Estate of Pio Suarez, v. R.J. Reynolds Tobacco Company, et al., No. 2009-79584-CA-01, Fla. 11th Jud. Cir., Dade Co.).

Mealey's PI/Product Liability - Australian Court Expands Damages Recoverable In Asbestos Case

NEW SOUTH WALES, Australia - Damages awarded for the inability to provide services do not arise from the same injury and are not offset by damages for a widow's loss of services, an Australian court held Sept. 17 (Dionisatos (for the estate of the late George Dionysatos) v. Acrow Formwork & Scaffolding Pty Ltd., No [2015] NSWCA 281, New South Wales App.).

Mealey's Toxic Tort/Environmental - Australian Court Expands Damages Recoverable In Asbestos Case

NEW SOUTH WALES, Australia - Damages awarded for the inability to provide services do not arise from the same injury and are not offset by damages for a widow's loss of services, an Australian court held Sept. 17 (Dionisatos (for the estate of the late George Dionysatos) v. Acrow Formwork & Scaffolding Pty Ltd., No [2015] NSWCA 281, New South Wales App.).

Mealey's Toxic Tort/Environmental - Kentucky Court Reinstates Case Alleging Asbestos Exposures From Radios, Televisions

LEXINGTON, Ky. - A widow's evidence that her husband worked with radio and television heat shields during the time manufacturers used asbestos and that the work created dust overcomes summary judgment, a Kentucky appeals court panel held Sept. 11 (Thelma B. Anderson, as administratrix of the estate of Kenneth W. Anderson v. Motorola Solutions Inc. and Zenith Electronics LLC, No. 2013-CA-001350, Ky. App.; 2015 Ky. App. Unpub. LEXIS 659).

Mealey's Toxic Tort/Environmental - Florida Jury Awards $750,000 To Deceased Smoker's Husband Against R.J. Reynolds

CITY ISLAND, Fla. - A jury in Florida on Aug. 31 awarded $750,000 to a man who sued R.J. Reynolds Tobacco Co. (RJR) alleging that the company was liable for the death of his wife because her addiction to cigarettes made by the company was the cause of her lung cancer. The jury found the company 25 percent liable (James Lewis, as the representative of the Estate of Rosemary Lewis v. R.J. Reynolds Tobacco Company, No. 2009 30058 CIC, Fla. Cir., 7th Jud. Cir.).

Mealey's PI/Product Liability - Conn. Court Affirms Delay In Naming Substitute Plaintiff Warranted Dismissal

HARTFORD, Conn. - An executrix's four-year delay in substituting herself as a plaintiff in an asbestos action prejudiced defendants and warranted dismissal for failure to prosecute, a Connecticut appeals court held Sept. 2 (Adrienne Brochu, executrix of the estate of Adrien Brochu v. Aesys Technologies, et al., No. AC36483, Conn. App.; 2015 Conn. App. LEXIS 314).

Mealey's Litigation Procedure - Conn. Court Affirms Delay In Naming Substitute Plaintiff Warranted Dismissal

HARTFORD, Conn. - An executrix's four-year delay in substituting herself as a plaintiff in an asbestos action prejudiced defendants and warranted dismissal for failure to prosecute, a Connecticut appeals court held Sept. 2 (Adrienne Brochu, executrix of the estate of Adrien Brochu v. Aesys Technologies, et al., No. AC36483, Conn. App.; 2015 Conn. App. LEXIS 314).

Mealey's Toxic Tort/Environmental - Conn. Court Affirms Delay In Naming Substitute Plaintiff Warranted Dismissal

HARTFORD, Conn. - An executrix's four-year delay in substituting herself as a plaintiff in an asbestos action prejudiced defendants and warranted dismissal for failure to prosecute, a Connecticut appeals court held Sept. 2 (Adrienne Brochu, executrix of the estate of Adrien Brochu v. Aesys Technologies, et al., No. AC36483, Conn. App.; 2015 Conn. App. LEXIS 314).

Mealey's PI/Product Liability - Florida Court Grants Petition, Finds Claim Arose Out Of Medical Care

TALLAHASSEE, Fla. - In a majority ruling, a Florida appeals court on Aug. 28 granted a psychiatric hospital's petition for writ of certiorari of a trial court's decision to dismiss an estate's case against it, finding that the estate's allegations, which were related to the death of a patient, constituted an ordinary negligence claim (Shands Teaching Hospital and Clinics Inc., d/b/a Shands Vista v. The Estate of Ashley Lawson, by and through John Mark Lawson, No. 1D14-4675, Fla. App., 1st Dist.; 2015 Fla. App. LEXIS 12951).

Mealey's PI/Product Liability - Judge Rejects Challenges To Experts, 'Every Exposure' Asbestos Testimony

BENTON, Ill. - A medical doctor's certifications and experience qualify him to testify as an expert, and his testimony accounts for levels of exposure and thus goes beyond "every exposure" testimony, a federal judge in Illinois held Aug. 31 (Mrs. Sharon Bell, executor of the estate of Mr. Richard Bell v. ABB Group Inc., et al., No. 13-1338, S.D. Ill.; 2015 U.S. Dist. LEXIS 115341).

Mealey's Litigation Procedure - Judge Rejects Challenges To Experts, 'Every Exposure' Asbestos Testimony

BENTON, Ill. - A medical doctor's certifications and experience qualify him to testify as an expert, and his testimony accounts for levels of exposure and thus goes beyond "every exposure" testimony, a federal judge in Illinois held Aug. 31 (Mrs. Sharon Bell, executor of the estate of Mr. Richard Bell v. ABB Group Inc., et al., No. 13-1338, S.D. Ill.; 2015 U.S. Dist. LEXIS 115341).

Mealey's Insurance - Judge: Primary Insurer Owes Excess Insurer $7.9M In Underlying Defense Costs

CLEVELAND - An Ohio federal judge held Aug. 28 that a primary insurer is liable under the principles of equity to reimburse an excess insurer for the $7,996,655.57 in defense costs it was ordered to pay to their insured in connection with an underlying lawsuit arising from a failed real estate project in Orlando, Fla. (IMG Worldwide Inc., et al. v. Westchester Fire Insurance Co., No. 11-1594, N.D. Ohio, Eastern Div.; 2015 U.S. Dist. LEXIS 114659).

Mealey's Toxic Tort/Environmental - Judge Rejects Challenges To Experts, 'Every Exposure' Asbestos Testimony

BENTON, Ill. - A medical doctor's certifications and experience qualify him to testify as an expert, and his testimony accounts for levels of exposure and thus goes beyond "every exposure" testimony, a federal judge in Illinois held Aug. 31 (Mrs. Sharon Bell, executor of the estate of Mr. Richard Bell v. ABB Group Inc., et al., No. 13-1338, S.D. Ill.; 2015 U.S. Dist. LEXIS 115341).

Mealey's Banking & Finance - Judge Finds Servicing Company's Request To Transfer RESPA Claim Is Moot

DENVER - A Colorado federal judge on Aug. 26 denied a loan servicing company's request to transfer a borrower's lawsuit, which asserts a cause of action for violation of the Real Estate Settlement Procedures Act (RESPA), to a bankruptcy court, finding that its arguments were moot or inappropriate (Christine Warren v. Green Tree Servicing LLC, No. 14-cv-02241, D. Colo.; 2015 U.S. Dist. LEXIS 114978).

Mealey's Labor & Employment - Federal Judge Compels Arbitration Of Employment Action In South Korea

HAGATNA, Guam - A Guam federal judge on Aug. 24 found that a Delaware company did not waive its right to compel arbitration in South Korea of claims asserted by a widow on behalf of her husband who died aboard one of its vessels, but found that former owner of the vessel was not entitled to compel arbitration of the dispute as a nonsignatory to an underlying employment contract (Esther Margarita Lima Suarez Viuda De Yang, individually and as personal representative of the Estate of Chang Cheol Yang, et al. v. Majestic Blue Fisheries LLC, et al., No. 13-00015, D. Guam; 2015 U.S. Dist. LEXIS 112040).

Mealey's Litigation Procedure - Federal Judge Compels Arbitration Of Employment Action In South Korea

HAGATNA, Guam - A Guam federal judge on Aug. 24 found that a Delaware company did not waive its right to compel arbitration in South Korea of claims asserted by a widow on behalf of her husband who died aboard one of its vessels, but found that former owner of the vessel was not entitled to compel arbitration of the dispute as a nonsignatory to an underlying employment contract (Esther Margarita Lima Suarez Viuda De Yang, individually and as personal representative of the Estate of Chang Cheol Yang, et al. v. Majestic Blue Fisheries LLC, et al., No. 13-00015, D. Guam; 2015 U.S. Dist. LEXIS 112040).

Mealey's PI/Product Liability - Alabama Top Court Rejects Certified Questions In Take-Home Asbestos Case

BIRMINGHAM, Ala. - The Alabama Supreme Court on Aug. 24 rejected certified questions from a federal judge regarding premises owner liability and the proper causation standard in a take-home asbestos exposure case (Melissa Ann Bobo and Sharon Jean Cox, as co-personal representatives of the estate of Barbara Bobo v. Tennessee Valley Authority, No. 1141023, Ala. Sup.).

Mealey's Banking & Finance - 3rd Circuit Affirms Dismissal Of TILA And RESPA Claims, Remands

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Aug. 24 affirmed dismissal of claims asserted by borrowers for violation of the Real Estate Settlement Procedures Act (RESPA), the Truth in Lending Act (TILA) and other claims, but remanded the case so that they can have the chance to amend their complaint (Nina Shahin, et al. v. PNC Bank, Local Branch at 87 Greentree Driver, Dover, DE 19904, et al., No. 15-1405, 3rd Cir.; 2015 U.S. App. LEXIS 14836).