PHILADELPHIA - An employee of the National Railroad Passenger Corp. (Amtrak) filed suit in a Pennsylvania federal court May 14, seeking damages for injuries received in the May 12 derailment of an Amtrak train in Philadelphia that left at least eight dead and more than 200 injured (Bruce A. Phillips, et al. v. National Railroad Passenger Corp. [Amtrak], No. 15-2694, E.D. Pa.).
PHILADELPHIA - A reinsurer told a federal court in Pennsylvania on May 7 that because its reinsueds have allegedly breached an errors and omissions reinsurance treaty, the reinsurer is not obligated to pay the more than $1 million that the reinsureds have billed it for (Excalibur Reinsurance Corporation v. Select Insurance Company, et al., No. 15-cv-02522. E.D. Pa.).
HARRISBURG, Pa. - The Pennsylvania Superior Court on May 6 quashed an insurer's appeal after determining that it does not have jurisdiction to hear the interlocutory appeal because the alternative dispute resolution provision at issue is not an arbitration provision under Pennsylvania's Uniform Arbitration Act (Armstrong World Industries Inc. v. Travelers Indemnity Co. et al., No. 157 MDA 2014, Pa. Super.; 2015 Pa. Super. LEXIS 244).
PHILADELPHIA - Two Pennsylvania men filed a class complaint in the U.S. District Court for the Eastern District of Pennsylvania on May 6 against the participants and promotors of a boxing match between Floyd Mayweather and Emmanuel Pacquiao touted as "The Fight of the Century" for giving them anything but (Allan H. Gordon, et al. v. Showtime Networks Inc., et al., No. 15-2511, E.D. Pa.).
SCRANTON, Pa. - Dismissal of an insurance bad faith lawsuit is not proper, a Pennsylvania judge ruled May 7, because an insured has properly pleaded his claims for bad faith and breach of the duty of good faith and fair dealing under state law (James T. Lane v. State Farm Mutual Automobile Insurance Co., No. 14-1045, M.D. Pa.; 2015 U.S. Dist. LEXIS 60064).
PHILADELPHIA - Allegations by the Federal Trade Commission that several defendants engaged in monopolization by initiating alleged sham litigation against Teva Pharmaceuticals USA Inc. in Delaware federal court were dismissed by a Pennsylvania federal judge on May 6 (Federal Trade Commission v. AbbVie Inc., et al., No. 14-5151, E.D. Pa.; 2015 U.S. Dist. LEXIS 59115).
PHILADELPHIA - A copyright dispute over website code was dismissed May 5 by a Pennsylvania federal judge (Valori Zaslow v. William T. Coleman III, et al., No. 15-1272, E.D. Pa.; 2015 U.S. Dist. LEXIS 58533).
HARRISBURG, Pa. - A couple waived their right to appeal a decision in an asbestos case by submitting a "vague, rambling, redundant and largely incoherent" document in violation of appellate rules, a Pennsylvania appeals court panel held May 1 (George C. Gutschall and Pamela M. Gutschall, et al. v. Metropolitan Edison Co., and Pennsylvania Power & Light Co., No. 1973 EDA 2014, Pa. Super.).
PHILADELPHIA - A Third Circuit U.S. Court of Appeals panel on April 29 granted summary affirmance in a diet drug lung injury case, apparently agreeing with the manufacturer defendant that the trial court's exclusion of the plaintiffs' causation expert was a "straightforward application of Pennsylvania law" (In Re: Diet Drugs [Phentermine/Fenfluramine/Dexfenfluramine] Products Liability Litigation, No. 14-4608, 3rd Cir.).
SCRANTON, Pa. - Dismissal of an insured's insurance bad faith claim is not proper because the insured has properly pleaded the claim as required under state law, a federal judge in Pennsylvania ruled on April 27 (Shannon Sutton, et al. v. Allstate Insurance Co., No. 15-54, M.D. Pa.; 2015 U.S. Dist. LEXIS 54810).
PHILADELPHIA - Because rescission of insurance policies retroactively extinguished an insurer's duty to defend an additional insured, a Pennsylvania federal judge on April 29 declined to award the additional insured an award of fees and costs for defending an underlying construction defects lawsuit (Toll Bros. Inc. v. Essex Insurance Co., et al., No. 07-01296, E.D. Pa.; 2015 U.S. Dist. LEXIS 55855).
WASHINGTON, D.C. - The U.S. Supreme Court on April 27 denied one petition by generic drug manufacturers to review a Pennsylvania Superior Court decision that denied preemption of plaintiffs' claims involving the heartburn drug metoclopramide (Teva Pharmaceuticals USA, Inc., et al. v. Dorothy Bentley, et al., No. 14-711, U.S. Sup.).
PHILADELPHIA - Disposing of two of a plaintiff's claims against an accounting firm, a Pennsylvania federal judge on April 20 granted in part the defendant's summary judgment, while mostly denying its motion to exclude the opinions of the plaintiff's expert witness in a lawsuit over securities records auditing (Avangard Financial Group Inc. v. Raich Ende Malter & Co. LLP, No. 2:12-cv-06497, E.D. Pa.; 2015 U.S. Dist. LEXIS 52034).
BIRMINGHAM, Ala. - After finding that all mold-related claims asserted against a contractor and others in an underlying state court case were excluded under an insurance policy, an Alabama federal judge on April 21 found that an insurer has no duty to defend the parties in the case (Pennsylvania National Mutual Casualty Insurance Co. v. The Retirement Systems of Alabama, et al., No. 14-248, N.D. Ala.; 2015 U.S. Dist. LEXIS 52055).
PHILADELPHIA - A federal judge in Pennsylvania on April 17 dismissed a number of claims in an insurance bad faith lawsuit, ruling that insureds have failed to state a claim for relief (Joan Groth, et al. v. State Farm Fire & Casualty Co., et al., No. 14-7033, E.D. Pa.; 2015 U.S. Dist. LEXIS 51031).
SCRANTON, Pa. - Because a doctor could not testify with sufficient certainty that a plaintiff suffered from acute stress disorder (ASD) at the time he failed to report for a prison sentence, a Pennsylvania federal judge on April 20 granted the government's motion to exclude his testimony (United States of America v. Joseph P. Donahue, No. 3:11-cr-00033, M.D. Pa.; 2015 U.S. Dist. LEXIS 51675).
PHILADELPHIA - Negligence and strict liability claims involve an employer's duty to provide a safe workspace under Pennsylvania law and would not require interpretation of a collective bargaining agreement, the federal judge overseeing the federal asbestos multidistrict litigation held April 15 in remanding the case (Rita G. Stellar, et al. v. Allied Signal Inc., et al., No. MDL 875, 14-5083, E.D. Pa.; 2015 U.S. Dist. LEXIS 50066).
HARRISBURG, Pa. - A Pennsylvania appeals court on April 17 reissued and published an opinion affirming that a couple lacks evidence of exposure to asbestos from brakes on a manufacturer's cranes (Norman J. Sterling and Laura M. Sterling v. P&H Mining Equipment Inc., a/k/a Joy Global Surface Mining Inc., No. 1006 EDA 2014, Pa. Super.; 2015 Pa. Super. LEXIS 186).