PHILADELPHIA - A Pennsylvania federal judge on April 25 granted an insurer's motion for partial summary judgment after determining that an insured seeking coverage for water damages failed to prove that the insurer acted in bad faith in investigating and handling her claim (Lisa Whalen v. State Farm Fire and Casualty Co., No. 15-2200, E.D. Pa.; 2016 U.S. Dist. LEXIS 54628).
PHILADELPHIA - A Pennsylvania federal judge on April 18 denied a renewed motion to remand a class complaint accusing Empire Beauty School salons in Pennsylvania of violating state law by overcharging customers for cosmetology services provided by its students, finding that the plaintiff's evidence of citizenship fell short of his burden (Russell Jones v. EEG, Inc., et al., No. 15-5018, E.D. Pa.; 2016 U.S. Dist. LEXIS 51379).
PHILADELPHIA - In an April 18 order addressing several discovery and related motions in a defamation suit brought by one of Bill Cosby's alleged sexual assault victims against a former district attorney (D.A.), a Pennsylvania federal judge denied in part Cosby's attorney's motion to quash a discovery subpoena seeking communications between the attorney and D.A. (Andrea Constand v. Bruce Castor, No. 2:15-cv-05799, E.D. Pa.).
PHILADELPHIA - A Pennsylvania federal judge on April 18 dismissed a bad faith lawsuit against a private company directors, officers and employees liability insurer, finding that the insurer had no duty to the plaintiff to settle an underlying discrimination lawsuit he brought against its insured (Steve Leboon v. Zurich American Insurance Co., et al., No. 15-05904, E.D. Pa.; 2016 U.S. Dist. LEXIS 51381).
SCRANTON, Pa. - An insured has properly pleaded that his insurer unreasonably denied payment of benefits pursuant to an automobile insurance policy, a federal judge in Pennsylvania ruled April 18 in denying the insurer's motion to dismiss in an insurance breach of contract and bad faith lawsuit (Justin Linko v. Nationwide Property & Casualty Insurance, No. 15-2066, M.D. Pa.; 2016 U.S. Dist. LEXIS 51602).
HARRISBURG, Pa. - A federal judge in Pennsylvania on April 13 granted in part an insurance agency's motion to lift the stay of its case requesting confirmation of an arbitration award concerning an arbitration with an insolvent insurer (Arrowhead General Insurance Agency, Inc. v. Lincoln General Insurance Company, No. 15-cv-01726, M.D. Pa.; 2016 U.S. Dist. LEXIS 49448).
PHILADELPHIA - A Pennsylvania Superior Court panel on April 11 affirmed a trial court judge's decision to deny a woman's sixth petition for post-conviction relief from a sentence imposed after she was found guilty of insurance fraud, holding that the judge did not abuse his discretion when finding that the woman was provided adequate assistance of counsel (Commonwealth v. Bianca Aura Bucano, No. 2292 EDA 2015, Pa. Super.; 2016 Pa. Super. Unpub. LEXIS 1161).
PHILADELPHIA - Assertions that the American Diabetes Association (ADA) committed reverse domain name hijacking by placing a "registrar lock" on the www.americandiabetes.com domain with registrar GoDaddy were rejected April 6 by a Pennsylvania federal judge (American Diabetes Association v. Robert L. Friskney, et al., No. 13-3720, E.D. Pa.; 2016 U.S. Dist. LEXIS 46523).
PHILADELPHIA - A reinsurance premium recovery company told a federal court in Pennsylvania on April 4 that current Federal Rules of Civil Procedure do not require it to ask for leave to file an amended complaint, contrary to contentions by a reinsurance broker, its alleged controlling owner and two of the reinsurance broker's employees (Boomerang Recoveries, LLC v. Guy Carpenter & Company LLC, et al., No. 16-cv-00222, E.D. Pa.).
PHILADELPHIA - A Pennsylvania federal judge on April 5 granted summary judgment in all but 23 Zoloft birth defect multidistrict litigation cases after ruling that the plaintiffs have not produced admissible general causation evidence despite repeated attempts (In Re: Zoloft [Sertraline Hydrochloride] Products Liability Litigation, MDL Docket No. 2342, No. 12-md-2341, E.D. Pa.; 2016 U.S. Dist. LEXIS 46062).
PHILADELPHIA - A Pennsylvania state court judge on April 4 granted a compulsory nonsuit motion in a Paxil birth defect trial because the prescribing physician testified that a different warning would not have changed his decision to prescribe the antidepressant (Braden Rader, et al. v. SmithKlineBeecham Corp., et al., No. 110903672, Pa. Comm. Pls., Philadelphia Co.).
CHICAGO - A federal judge in Illinois on March 30 ordered the transfer of a $4.4 million asbestos-related reinsurance dispute to a Pennsylvania federal court, noting that the Pennsylvania court is a more proper venue than Illinois (R&Q Reinsurance Company v. St. Paul Fire & Marine Insurance Company, No. 15-cv-07784, N.D. Ill.; 2016 U.S. Dist. LEXIS 42489).
PHILADELPHIA - A Pennsylvania federal judge on March 30 determined that a plaintiff failed to prove that the manufacturer of a table saw did not adequately warn consumers of the product's dangers or that the table saw used by the plaintiff was defective (Kenneth Wright v. Ryobi Technologies Inc., et al., No. 15-1100, E.D. Pa.; 2016 U.S. Dist. LEXIS 42003).
SCRANTON, Pa. - A Pennsylvania federal judge on March 30 held that whether one insured reimburses all or none of the $50,000 it was ordered to pay its insurer for the advancement of defense costs in an underlying criminal proceeding, the insurer has a duty to pay a second insured up to the $100,000 limit of liability pursuant to a public officials liability and employment practices liability insurance policy (Darwin National Assurance Co. v. Luzerne County Transportation Authority, et al., No. 14-2417, M.D. Pa.; 2016 U.S. Dist. LEXIS 41733).
PHILADELPHIA - A general contractor and a developer are not necessary parties to a reimbursement lawsuit between an insurer who paid the developer's water damage claims and the contractor's insurers allegedly responsible for the costs, a Pennsylvania federal judge ruled March 30, declining to dismiss the case (Philadelphia Indemnity Insurance Co. v. Admiral Insurance Co. and The Ohio Casualty Insurance Co., No. 15-3486, E.D. Pa.; 2016 U.S. Dist. LEXIS 42593).
PHILADELPHIA - A federal judge in Pennsylvania on March 28 denied motions filed by investors in a securities class action lawsuit to grant them an extension to opt out of a settlement class, ruling that they were provided with "sufficient notice and due process protections" but failed to meet the opt-out deadline (In re DVI Inc. Securities Litigation, No. 03-5336, E.D. Pa.; 2016 U.S. Dist. LEXIS 40473).
SAN JOSE, Calif. - A California federal judge on March 28 dismissed an insurer's counterclaims for equitable subrogation and unjust enrichment against two insurers for failure to join a mutual insured in a lawsuit seeking reimbursement for the defense of an underlying construction defects case (St. Paul Fire & Marine Insurance Co. v. Insurance Company of the State of Pennsylvania, No. 15-02744, N.D. Calif.; 2016 U.S. Dist. LEXIS 41659).
PHILADELPHIA - In a March 28 brief opposing a motion to quash by Bill Cosby's attorney, a one-time accuser of the comedian argued in Pennsylvania federal court that documents and information sought from the attorney are relevant to her present defamation lawsuit against a Pennsylvania district attorney (D.A.) and to responding to Cosby's pending motion to intervene in the present suit (Andrea Constand v. Bruce Castor, No. 2:15-cv-05799, E.D. Pa.).
PHILADELPHIA - Allegations of faulty workmanship in performance of a contract do not constitute an "occurrence" under commercial insurance policies and umbrella excess policies, a Pennsylvania federal judge ruled March 23, finding that an insurer has no duty to indemnify pre-tender defense costs and has no duty to provide an ongoing defense (Lenick Construction, Inc. v. Selective Way Insurance Co., No. 14-2701, E.D. Pa.; 2016 U.S. Dist. LEXIS 38119).
PHILADELPHIA - A Pennsylvania state court judge on March 22 denied a motion by plaintiffs - supported by defendants - to consolidate 31 testosterone replacement therapy cases pending in the Philadelphia Common Pleas Court and to designate the cases a mass tort (In Re: Testosterone Replacement Therapy Products Liability Litigation, Robert F. Hoehl, et al. v. Auxilium Pharmaceuticals, Inc., No. 140301684, Pa. Comm. Pls., Philadelphia Co.).
PHILADELPHIA - Only claims of negligent misrepresentation and negligent failure to warn survived in five consolidated Essure birth control device cases March 22 after a Pennsylvania federal judge ruled on Bayer Corp.'s motion for judgment (Helen McLaughlin v. Bayer Corporation, No. 14-7315, Ruth Ruble v. Bayer Corporation, No. 14-7316, Melda Strimel v. Bayer Corporation, No. 14-7317, Susan Stelzer v. Bayer Corporation, No. 14-7318 and Heather Walsh v. Bayer Corporation, No. 15-384, E.D. Pa.; 2016 U.S. Dist. 37516).
PHILADELPHIA - An expert's analysis of the tenure process at a university is beyond her expertise, a Pennsylvania federal judge held March 21, excluding testimony in a gender discrimination lawsuit on the social science of stereotyping (Kristen Stromberg Childers, Ph.D. v. Trustees of the University of Pennsylvania, No. 14-2439, E.D. Pa.; 2016 U.S. Dist. LEXIS 35827).