SAN DIEGO - A California appeals panel on March 27 affirmed a lower court's ruling that there is no coverage for an underlying claim that was either a real estate sales transaction or a "fraudulent scheme clothed as a mortgage transaction" (Angel Castrejon, et al., v. United States Liability Insurance Co., No. D064679, Calif. App., 4th Dist., Div. 1; 2015 Cal. App. Unpub. LEXIS 2162).
CONCORD, N.H. - Medical records, employment search records and email communications are relevant to a plaintiff's claims against her former employer, a New Hampshire federal judge ruled March 27, mostly granting the defendant's motion to compel production of such materials (Christyna Faulkner v. Mary Hitchcock Medical Center, et al., No. 1:12-cv-00482, D. N.H.; 2015 U.S. Dist. LEXIS 39371).
BILLINGS, Mont. - The statute of limitations bars the claims of five individuals who allege exposure to asbestos from railcars carrying asbestos from the W.R. Grace mine, a federal judge in Montana held March 27 (Dean Stacy, Norma Stacy, Donald Stacy, Steven Carvey and Anthony Stacy v. BNSF Railway Co., No. 13-87, D. Mont.; 2015 U.S. Dist. LEXIS 40806).
ATLANTA - An expert's testimony regarding causation from "any exposure" to asbestos is "not controversial" in a case alleging more than de minimis exposure, a divided Georgia appeals court held March 30 (Scapa Dryer Fabrics Inc. v. Knight, et al., No. A14A1587, Ga. App.; 2015 Ga. App. LEXIS 237).
NEW YORK - In a joint motion filed March 31, New York City asbestos defendants asked for a stay of all litigation while the parties work on a "much needed, new, fair and balanced" case management order (CMO) (In re: New York City Asbestos Litigation, No. 40000/1988, N.Y. Sup., New York Co.).
WASHINGTON, D.C. - A federal judge should ignore "alarmist" rhetoric and instead find that House of Representatives members lack standing to challenge how the government spends Patient Protection and Affordable Care Act (ACA) funds, the government argues in a March 31 brief (United States House of Representatives v. Sylvia Mathews Burwell, et al., No. 14-1967, D. D.C.).
WASHINGTON, D.C. - The U.S. Supreme Court will not hear an appeal of a Second Circuit U.S. Court of Appeals ruling in a securities class action lawsuit where an investor sought determination of whether the claims made are preempted under the Securities Litigation Uniform Standards Act (SLUSA) (In re Herald, Primeo, and Thema (Dana Trezziova v. Sonja Kohn, et al.), No. 14-736, U.S. Sup.).
LOS ANGELES - A couple asked a federal judge in California on March 30 to exclude a bankruptcy trust estimation order critical of asbestos litigation, while three defendants sought to exclude expert testimony that "each and every exposure" contributes to a disease (Howard Utech, an individual, Joann Utech, an individual v. Asbestos Corporation Limited, et al., No. 14-4977, C.D. Calif.).
MIAMI - A Florida federal judge on March 30 granted a cruise line's motion to compel arbitration of a system manager's personal injury claims, finding that the claims must be arbitrated pursuant to Convention on the Recognition and Enforcement of Foreign Arbitral Awards (Francis D'Cruz v. NCL [Bahamas] Ltd., et al., No. 1:15-cv-20240, S.D. Fla.; 2015 U.S. Dist. LEXIS 40326).
CLEVELAND - Parties to an appeal of an $815,723 Ohio asbestos verdict against Honeywell International Inc. on March 31 agreed to stay judgment and supersedeas bond in the case, according to the docket (Barbara Watkins, et al. v. Affinia Group, et al., No. CA-15-102538, Ohio App., 8th Dist.).
FRANKFORT, Ky. - A federal judge in Kentucky on March 31 partially granted and partially denied a motion to dismiss groundwater contamination and injury claims against a glass-manufacturing company that released toxins into the environment, concluding that some plaintiffs had established that hazardous substances had been released (Modern Holdings LLC, et al. v. Corning Incorporated, et al., No. 13-405, E.D. Ky.; 2015 U.S. Dist. LEXIS 41134).
SOUTH BEND, Ind. - A federal judge in Indiana on March 31 substantially denied an insurer's motion for summary judgment in an insurance bad faith lawsuit, ruling that questions of material fact exist as to whether an insured checked off a box declining uninsured/underinsured motorist coverage in an application for an umbrella policy (Patricia Conley v. State Farm Fire and Casualty Co., No. 13-141, N.D. Ind.; 2015 U.S. Dist. LEXIS 41072).
MIAMI - The federal judge overseeing the consolidated litigation against air bag manufacturer Takata Corp. and six auto manufacturers on March 31 appointed Paul C. Huck Jr. of Jones Day in Miami to serve as special mediator for the litigation (In re: Takata Airbag Products Liability Litigation, No. 15-02599-CIV-Moreno, MDL No. 15-2599, S.D. Fla.).
NEW YORK - The Employee Retirement Income Security Act and the National Labor Relations Act do not preempt a New York wage parity law governing the total compensation for home care aides, the Second Circuit U.S. Court of Appeals ruled March 27 (Concerned Home Care Providers, Inc., et al. v. Andrew M. Cuomo, et al., No. 13-3790-cv, 2nd Cir.; 2015 U.S. App. LEXIS 4973).
RICHMOND, Va. - A South Carolina federal judge erroneously abstained from deciding a trademark dispute between two clergymen, the Fourth Circuit U.S. Court of Appeals ruled March 31 (The Right Reverend Charles G. vonRosenberg v. The Right Reverend Mark J. Lawrence, No. 14-1122, 4th Cir.; 2015 U.S. App. LEXIS 5167).
SAN DIEGO - A California appeals panel on March 27 affirmed a lower court's ruling that there is no coverage for an underlying claim that was either a real estate sales transaction or a "fraudulent scheme clothed as a mortgage transaction" (Angel Castrejon, et al. v. United States Liability Insurance Co., No. D064679, Calif. App., 4th Dist., Div. 1; 2015 Cal. App. Unpub. LEXIS 2162).
NEW ORLEANS - A federal judge in Louisiana on March 30 ruled that a company engaged in acquiring property for hydraulic fracturing operations had sufficiently established enough of a case against its attorney for legal malpractice to allow discovery (L&L Properties 12 LLC v. Arnold Reyes, No. 14-671, E.D. La.; 2015 U.S. Dist. LEXIS 40521).