SACRAMENTO, Calif. - A California federal judge on Nov. 2 held that a Real Estate Property Managed endorsement rendered an insurer's policies excess with respect to an underlying personal injury claim, finding that the insurer has no duty to defend or indemnity its property manager insured (Atain Specialty Insurance Co. v. Sierra Pacific Management Co., et al., No. 14-00609, E.D. Calif.; 2016 U.S. Dist. LEXIS 152874).
RICHMOND, Va. - The same logic underpinning other aspects of the government contractor removal statute apply to failure-to-warn cases, a Fourth Circuit U.S. Court of Appeals panel held Nov. 1 in reversing a "decades-old practice" in a lower court (Deborah H. Ripley, as administrator of the estate of Bernard W. Ripley v. Foster Wheeler LLC, Foster Wheeler Energy Corp., and J Henry Holland Corp., et al., No 15-1918, 4th Cir.; 2016 U.S. App. LEXIS 19631).
PHILADELPHIA - In a breach of a lease agreement lawsuit between a class of landowners and an exploration production company, the Third Circuit U.S. Court of Appeals ruled Oct. 24 that a trial judge did not abuse his discretion in refusing to reconsider allowing an expert to testify that natural gas sold to third-party buyers was made before any interstate transportation (David F. Pollock, as executor of the estate of Margaret F. Pollock, et al. v. Energy Corporation of America, Nos. 15-2648 & 15-2649, 3rd Cir.; 2016 U.S. App. LEXIS 19167).
BOSTON - A Massachusetts appeals panel on Oct. 25 ruled that evidence presented during a construction defects trial did not support a jury's finding that a couple was entitled to $1 million in damages and upheld a second judge's decision to hold a trial solely on damages allegedly resulting from misrepresentations of the builders and real estate agents (Kathryn Culley, et al. v. Authentic Traditions LLC, et al., No. 15-P-1020, Mass. App.; 2016 Mass. App. Unpub. 1029).
WASHINGTON, D.C. - A District of Columbia federal judge on Oct. 24 granted a motion for summary judgment finding that the Real Estate Settlement Procedures Act (RESPA) and the Truth in Lending Act (TILA) did not apply to an underlying loan and remanded various causes of action to a state court for lack of jurisdiction (Anthony Floyd v. PNC Mortgage, a division of PNC Bank, N.A., et al., No. 14-2190, D. D.C.; 2016 U.S. Dist. LEXIS 146679).
NEW YORK - A neurologist, a psychologist, an economist and a school principal may not testify as to damages from the loss of the role of an orthodox, Hasidic mother, a New York federal magistrate judge ruled Oct. 20, but he allowed the psychologist and economist to testify about the loss of household services that was experienced as a result of the mother's death (Arnold Hersko, individually and as administrator of the estates of Rochel Hersko and Arnold Hersko v. United States of America, et al., No. 13-CV-3255, S.D. N.Y.; 2016 U.S. Dist. LEXIS 145552).
NEW ORLEANS - A federal court in Texas did not abuse its discretion in excluding the testimony of the plaintiff's expert witness in a medical negligence case, a Fifth Circuit U.S. Court of Appeals panel found Oct. 19, affirming summary judgment for the defendants (Jewel Honey-Love, Individually and as a Representative of the Estate of Larry Lavon Love v. United States of America, et al., No. 16-20080, 5th Cir.; 2016 U.S. App. LEXIS 18829).
CONCORD, N.H. - The liquidator of an insolvent insurer asked a New Hampshire court on Oct. 21 to approve his recommendation that the liquidation estate settle certain asbestos bodily injury related claims for $34 million (In the Matter of the Liquidation of The Home Insurance Company, No. 03-E-0106, N.H. Sup., Merrimack Co.).
MINNEAPOLIS - The federal judge overseeing the National Hockey League (NHL) concussion multidistrict litigation on Oct. 14 allowed the estate of a deceased hockey player who was diagnosed with chronic traumatic encephalopathy (CTE) to be added as a class representative in MDL, finding that the league will not be prejudiced (In re: National Hockey League Players Concussion Injury Litigation, MDL No. 14-2551, D. Minn.).
NEW ORLEANS - The exclusion of expert testimony on the mechanics of how a vehicle's fuel tank struck a flange and whether safer alternative designs existed was fatal to prove products liability claims, the Fifth Circuit U.S. Court of Appeals ruled Oct. 5, affirming summary judgment for the vehicle's manufacturers (Henry Lee Sims Jr., individually and as legal heir to the Estate of Henry Lee Sims Sr., et al. v. Kia Motors of America and Kia Motors Corp., No. 15-10636, 5th Cir.; 2016 U.S. App. LEXIS 18116).
JACKSONVILLE, Fla. - A Florida jury on Sept. 28 awarded the estate of a man who died from chronic obstructive pulmonary disease (COPD) $6.4 million after finding that R.J. Reynolds Tobacco Co.'s role in a conspiracy among tobacco companies to hide the dangers of smoking led to the man's disease and death (Linda Prentice v. R.J. Reynolds Tobacco Co., No. 2008-CA-000386, Fla. 4th Jud. Cir. Duval Co.).
OMAHA, Neb. - A toxicology expert may testify on his opinion regarding the alleged wrongful death of a woman as a result of negligent drug prescription care, a Nebraska federal magistrate judge held Sept. 22, refusing to exclude the testimony because it is not speculative (Brian Crawford as personal representative of the estate of Hilary Crawford, deceased v. Safeway Inc., No. 14-5001, D. Neb.; 2016 U.S. Dist. LEXIS 129674).
SAN FRANCISCO - A divided Ninth Circuit U.S. Court of Appeals on Sept. 20 denied a petition for rehearing en banc in an Employee Retirement Income Security Act case, with the majority saying that a plan administrator's decision in a dispute over a since-deceased plaintiff's entitlement to benefits was not illogical, implausible or without support (Estate of Bruce H. Barton v. ADT Security Services Pension Plan, et al., No. 13-56379, 9th Cir.; 2016 U.S. App. LEXIS 17146).
AUSTIN, Texas - The special deputy receiver (SDR) of an insolvent insurer reported to a Texas court on Sept. 15 the financial status of the liquidation estate and outlined details of reinsurance recoverables and recoveries (The State of Texas v. San Antonio Indemnity Company, No. D-1-GV-13-001153, Texas, 201st Dist., Travis Co.).
GULFPORT, Miss. - A federal judge in Mississippi on Sept. 15 denied a defendant company's motion for summary judgment in a suit seeking a declaration that the defendant is required to contribute to an arbitration award from a construction defects lawsuit, finding that the plaintiff is not judicially estopped from bringing suit because the present lawsuit differs from the earlier action (RDS Real Estate LLC v. Abrams Group Construction LLC, et al., No. 15-cv-361-LG-RHW, S.D. Miss.; 2016 U.S. Dist. LEXIS 125652).
DETROIT - A Michigan federal judge on Sept. 8 dismissed a borrower's claims for violation of the Truth in Lending Act (TILA) and Real Estate Settlement Procedures Act (RESPA) as barred by statutes of limitations, denying her request for leave to amend (Joan Ball v. Federal National Mortgage Association, as Trustee for FannieMae Guaranteed Remic Pass-Through Certificates FannieMae Remic Trust 2004-W12, formerly known as Cendant Mortgage Corp., No. 16-11475, E.D. Mich.; 2016 U.S. Dist. LEXIS 121562).
SELMA, Ala. - After granting voluntary dismissal of a borrower's claim for violation of the Truth in Lending Act (TILA), an Alabama federal judge on Sept. 6 remanded her remaining claims against a bank to a state court (Ashley Gill, as Administratrix of the Estate of Marshall Gill, v. Wells Fargo Bank, N.A., No. 2:15-00162, S.D. Ala.; 2016 U.S. Dist. LEXIS 119870).
CONCORD, N.H. - Expert testimony on homeowners' loan modification application with mortgage lenders fails to offer interpretation of process outside of paraphrasing subsections of the Real Estate Settlement and Procedures Act (RESPA), a New Hampshire federal judge ruled Aug. 31, barring the testimony (Jason S. Dionne and Denise C. Dionne v. Federal National Mortgage Association and JPMorgan Chase Bank N.A., No. 15-056, D. N.H.; 2016 U.S. Dist. LEXIS 117352).
TALLAHASSEE, Fla. - The Florida Supreme Court on Aug. 30 denied an Engle progeny plaintiff's petition to hear a case where a $5.8 million verdict awarded to a smoker's widow was vacated and a new trial was ordered by a lower appellate court (Kathleen Gafney, as Personal Representative of the estate of Frank Eugene Gafney v. R.J. Reynolds Tobacco Co., No. SC16-693, Fla. Sup.; 2016 Fla. LEXIS 1943).