LexisNexis® Legal Newsroom
Mealey's Toxic Tort/Environmental - Malignancy Occurring Post-Bankruptcy Not Part Of Estate, Judge Says

PHILADELPHIA - An administratively dismissed nonmalignancy claim belongs with a bankruptcy estate, but a subsequent malignancy is a distinct disease under the discovery rule and falls outside the estate's purview, a federal judge in Pennsylvania held Jan. 25 (Willard E. Bartel, administrator for Henry E. Boden v. A-C Product Liability Trust, et al., No. MDL 875, 11-31030, E.D. Pa.; 2016 U.S. Dist. LEXIS 8048; Willard Bartel [Felix Long], et al. v. A-C Product Liability Trust, et al., No. MDL 875, 11-31575, E.D. Pa.; 2016 U.S. Dist. LEXIS 8047).

Mealey's Litigation Procedure - Panel Finds Horse Trainer Was Not Qualified To Testify On Horse-Breeding Business

CHICAGO - A horse trainer was not qualified in the business and financial aspects of horse breeding, the Seventh Circuit U.S. Court of Appeals held Jan. 26, upholding the exclusion of the trainer's testimony in a tax refund lawsuit (Estate of Harold Stuller, deceased, Wilma Stuller and L.S.A., Inc. v. United States of America, No. 15-1545, 7th Cir.; 2016 U.S. App. LEXIS 1233).

Mealey's Banking & Finance - Federal Judge Reserves Ruling On RESPA Claim, Partially Grants Dismissal

DETROIT - A Michigan federal judge on Jan. 22 granted a bank's motion to dismiss a former property owner's claims for violation of federal mortgage guidelines and wrongful foreclosure but reserved its decision on his claims for violation of the Real Estate Settlement Procedures Act (RESPA) in consideration of a recent court ruling on a similar claim (Walter W. Lawson Jr. v. Wells Fargo Bank N.A., No. 15-11287, E.D. Mich.; 2016 U.S. Dist. LEXIS 7386).

Mealey's Banking & Finance - Judge Dismisses Claims For Violation Of RESPA And FDCPA For Lack of Standing

ST LOUIS - A Missouri federal judge on Jan. 25 granted a loan servicer's motion to dismiss claims for violation of the Real Estate Settlement Procedures Act (RESPA) and the Fair Debt Collection Practices Act (FDCPA), finding that the plaintiff was not a party to the underlying loan and lacked standing (Jasan Sayles v. BSI Financial Services, No. 4:15-CV-612, E.D. Mo.; 2016 U.S. Dist. LEXIS 8134).

Mealey's PI/Product Liability - 11th Circuit Appeal Challenges Expert, Causation, Duty To Household Members

ATLANTA - A power company on Jan. 19 asked the 11th Circuit U.S. Court of Appeals to throw out a $3 million asbestos verdict against it, saying it owed no duty to household members while also challenging causation and expert witnesses (Melissa Ann Bobo and Sharon Jean Cox, as co-personal representatives of the estate of Barbara Bobo v. Tennessee Valley Authority, No. 15-15271, 11th Cir.).

Mealey's Litigation Procedure - 11th Circuit Appeal Challenges Expert, Causation, Duty To Household Members

ATLANTA - A power company on Jan. 19 asked the 11th Circuit U.S. Court of Appeals to throw out a $3 million asbestos verdict against it, saying it owed no duty to household members while also challenging causation and expert witnesses (Melissa Ann Bobo and Sharon Jean Cox, as co-personal representatives of the estate of Barbara Bobo v. Tennessee Valley Authority, No. 15-15271, 11th Cir.).

Mealey's Labor & Employment - 11th Circuit Appeal Challenges Expert, Causation, Duty To Household Members

ATLANTA - A power company on Jan. 19 asked the 11th Circuit U.S. Court of Appeals to throw out a $3 million asbestos verdict against it, saying it owed no duty to household members while also challenging causation and expert witnesses (Melissa Ann Bobo and Sharon Jean Cox, as co-personal representatives of the estate of Barbara Bobo v. Tennessee Valley Authority, No. 15-15271, 11th Cir.).

Mealey's Toxic Tort/Environmental - 11th Circuit Appeal Challenges Expert, Causation, Duty To Household Members

ATLANTA - A power company on Jan. 19 asked the 11th Circuit U.S. Court of Appeals to throw out a $3 million asbestos verdict against it, saying it owed no duty to household members while also challenging causation and expert witnesses (Melissa Ann Bobo and Sharon Jean Cox, as co-personal representatives of the estate of Barbara Bobo v. Tennessee Valley Authority, No. 15-15271, 11th Cir.).

Mealey's Banking & Finance - Federal Judge Finds Borrower Lacks Standing, Dismisses RESPA Claims

ANN ARBOR, Mich. - A Michigan federal judge on Jan. 19 granted a bank's motion to dismiss claims asserted against it in relation to the foreclosure of a property, finding that the former homeowner lacked standing to sue and that he had no private right of action under the Real Estate Settlement Procedures Act (RESPA) (David J. Pauley v. Bank of America N.A., No. 15-12405, D. Mich.; 2016 U.S. Dist. LEXIS 5693).

Mealey's PI/Product Liability - Pennsylvania Court: Asbestosis Diagnosis Started Clock On Claim, Even If Inaccurate

HARRISBURG, Pa. - Virginia's statute of limitations began with a man's asbestosis diagnosis, and any challenge to the accuracy of that diagnosis should properly have been raised at that time, a Pennsylvania Superior Court panel held Jan. 12 (James Herbert, executor of the estate of Vincent W. Gatto Sr. v. American Biltrite and its division, Amtico, et al., No. 1702 WDA 2014, Pa. Super.).

Mealey's Litigation Procedure - Pennsylvania Court: Asbestosis Diagnosis Started Clock On Claim, Even If Inaccurate

HARRISBURG, Pa. - Virginia's statute of limitations began with a man's asbestosis diagnosis, and any challenge to the accuracy of that diagnosis should properly have been raised at that time, a Pennsylvania Superior Court panel held Jan. 12 (James Herbert, executor of the estate of Vincent W. Gatto Sr. v. American Biltrite and its division, Amtico, et al., No. 1702 WDA 2014, Pa. Super.).

Mealey's Toxic Tort/Environmental - Pennsylvania Court: Asbestosis Diagnosis Started Clock On Claim, Even If Inaccurate

HARRISBURG, Pa. - Virginia's statute of limitations began with a man's asbestosis diagnosis, and any challenge to the accuracy of that diagnosis should properly have been raised at that time, a Pennsylvania Superior Court panel held Jan. 12 (James Herbert, executor of the estate of Vincent W. Gatto Sr. v. American Biltrite and its division, Amtico, et al., No. 1702 WDA 2014, Pa. Super.).

Mealey's PI/Product Liability - Federal Judge Rejects Final Judgment In Pending Asbestos Case

HUNTSVILLE, Ala. - Final judgment in a pending asbestos action requires more than a conclusory statement that no reason exists for delay, a federal judge in Alabama said Jan. 12 in rejecting a magistrate judge's recommendation (Donna Franklin, as personal representative of the estate of Ray Franklin v. Dana Holding Corp., et al., No. 11-2731, N.D. Ala.; 2016 U.S. Dist. LEXIS 3481).

Mealey's Toxic Tort/Environmental - Federal Judge Rejects Final Judgment In Pending Asbestos Case

HUNTSVILLE, Ala. - Final judgment in a pending asbestos action requires more than a conclusory statement that no reason exists for delay, a federal judge in Alabama said Jan. 12 in rejecting a magistrate judge's recommendation (Donna Franklin, as personal representative of the estate of Ray Franklin v. Dana Holding Corp., et al., No. 11-2731, N.D. Ala.; 2016 U.S. Dist. LEXIS 3481).

Mealey's PI/Product Liability - Judge: Laundry Work Testimony Insufficient To Keep Valve Company In Asbestos Case

BENTON, Ill. - A co-worker's recollection of working with a man does not sufficiently establish a link to a defendant's steam traps, a federal judge held Jan. 6 in dismissing the company from an asbestos action (Sharon Bell, executor of the estate of Mr. Richard Bell v. ABB Group Inc., et al., No. 13-1338, S.D. Ill.; 2016 U.S. Dist. LEXIS 1253).

Mealey's Toxic Tort/Environmental - Judge: Laundry Work Testimony Insufficient To Keep Valve Company In Asbestos Case

BENTON, Ill. - A co-worker's recollection of working with a man does not sufficiently establish a link to a defendant's steam traps, a federal judge held Jan. 6 in dismissing the company from an asbestos action (Sharon Bell, executor of the estate of Mr. Richard Bell v. ABB Group Inc., et al., No. 13-1338, S.D. Ill.; 2016 U.S. Dist. LEXIS 1253).

Mealey's Banking & Finance - Federal Judge Finds Qualified Written Request Triggers Duty Under RESPA

CINCINNATI - After finding that borrowers have stated plausible claims for violation of the Real Estate Settlement Procedures Act (RESPA) in relation to its provisions on qualified written requests (QWRs) and the Fair Debt Collection Practices Act (FDCPA), an Ohio federal judge on Jan. 5 found that a loan servicer was not entitled to judgment on the pleadings at this time (William H. Schatzman, et al. v. Partners for Payment Relief LLC, No. 1:15-cv-302, S.D. Ohio; 2016 U.S. Dist. LEXIS 462).

Mealey's PI/Product Liability - Company Accepts Increased Pain And Suffering Award Or Retries Issue, Justice Says

BUFFALO, N.Y. - A jury's $250,000 award for pain and suffering in a mesothelioma case deviated from reasonable compensation and must be retried unless the defendant stipulates to a $600,000 award, a New York justice held Dec. 18 while also denying the defendant's post-trial motion (Estate of William Voelker v. John Crane Inc., No. 801886-2013, N.Y. Sup., 8th Jud. Dist.).

Mealey's Toxic Tort/Environmental - Company Accepts Increased Pain And Suffering Award Or Retries Issue, Justice Says

BUFFALO, N.Y. - A jury's $250,000 award for pain and suffering in a mesothelioma case deviated from reasonable compensation and must be retried unless the defendant stipulates to a $600,000 award, a New York justice held Dec. 18 while also denying the defendant's post-trial motion (Estate of William Voelker v. John Crane Inc., No. 801886-2013, N.Y. Sup., 8th Jud. Dist.).

Mealey's Insurance - Panel: Trial Court Did Not Err In Granting Summary Judgment In Bad Faith Suit

PHOENIX - A trial court did not err in granting summary judgment in favor of an insurer in an insurance breach of contract and bad faith lawsuit because an insured failed to show that the insurer did not attempt to honor the insured's claim for automobile insurance benefits, an Arizona Court of Appeals panel ruled Dec. 15 (Judith E. Indihar, as personal representative of the Estate of James L. Indihar, Jr. v. State Farm Mutual Automobile Insurance Co., No. 1 CA-CV 14-0621, Ariz. App., Div. 1; 2015 Ariz. App. LEXIS 1535).

Mealey's Banking & Finance - 6th Circuit Affirms Dismissal Of RESPA Claims Against Chase

CINCINNATI - The Sixth Circuit U.S. Court of Appeals on Dec. 10 affirmed a district court's decision in favor of a bank, finding that former property owners failed to show that it violated the Real Estate Settlement Procedures Act (RESPA) when it failed to respond to their letters (Martin Martini, et al. v. JPMorgan Chase Bank, N.A., et al., No. 15-1423, 6th Cir.; 2015 U.S. App. LEXIS 21504).

Mealey's Insurance - Liquidator Asks Court To Approve Reinsurance Commutation Agreement

CONCORD, N.H. - The liquidator of an insolvent insurer asked a New Hampshire court on Dec. 11 to grant approval of a reinsurance commutation agreement between the liquidation estate and one of the insolvent insurer's reinsurers (In the Matter of the Liquidation of The Home Insurance Company, No. 03-E-0106, N.H. Sup., Merrimack Co.).

Mealey's PI/Product Liability - New York Jury Hearing Asbestos-Tainted Talc Case Awards $7 Million

NEW YORK - A New York jury awarded a woman's estate $7 million on Nov. 24 for asbestos exposure from consumer talcum powder. It is believed to be the state's first such verdict, sources told Mealey's Publications (Claudine Discala, as administrator of the estate of Joan Robusto v. Charles B. Chrystal Company Inc., et al., No. 190413/2013, N.Y. Sup., New York Co.).

Mealey's Toxic Tort/Environmental - New York Jury Hearing Asbestos-Tainted Talc Case Awards $7 Million

NEW YORK - A New York jury awarded a woman's estate $7 million on Nov. 24 for asbestos exposure from consumer talcum powder. It is believed to be the state's first such verdict, sources told Mealey's Publications (Claudine Discala, as administrator of the estate of Joan Robusto v. Charles B. Chrystal Company Inc., et al., No. 190413/2013, N.Y. Sup., New York Co.).

Mealey's PI/Product Liability - Judge Refuses To Bar Expert Reports On Regulation, Causation In Suicide Case

CHICAGO - An Illinois federal judge on Nov. 20 declined to exclude regulation and causation experts in a Paxil suicide case (Wendy B. Dolin, individually and as independent executor of the Estate of Stewart Dolin v. SmithKline Beecham Corp. d/b/a GlaxoSmithKline, No. 12-6403, N.D. Ill.; 2015 U.S. Dist. LEXIS 156877).