LexisNexis® Legal Newsroom
Doctor's Experience-Based Opinion OK In Police Abuse Case, 11th Circuit Finds

ATLANTA - A trial court did not err in allowing an emergency room doctor to opine for the defense regarding injuries allegedly sustained by a plaintiff in an excessive force case, an 11th Circuit U.S. Court of Appeals panel held April 8 (Brian Jones v. Stanley Webb, No. 12-11591, 11th Cir.; 2013 U.S. App. LEXIS 7025).

5th Circuit Panel Affirms Dismissal Of Louisiana Claims In FEMA Trailer Litigation

NEW ORLEANS - A unanimous Fifth Circuit U.S. Court of Appeals panel issued an opinion April 9 affirming dismissal of the Louisiana plaintiffs' claims against the Federal Emergency Management Agency for providing portable trailers as emergency housing in response to hurricane damage in 2005 (In re FEMA Trailer Formaldehyde Products Liability Litigation (Louisiana Plaintiffs), No. 12-30635, 5th Cir.).

Judge Orders FDA To Take Age Restrictions Off Plan B Emergency Contraceptive Pill

BROOKLYN, N.Y. - Saying the U.S. secretary of Health and Welfare acted in an arbitrary, capricious and unreasonable way, a New York federal judge on April 4 ordered the Food and Drug Administration to grant a citizen petition to make the Plan B emergency contraceptive available without prescription to women of all ages within 30 days (Annie Tummino, et al. v. Margaret Hamburg, et al., No. 12-763, E.D. N.Y.).

Magistrate Allows Insured To Add Breach Of Contract Claim For Repudiation Against FEMA

NEWARK, N.J. - A New Jersey federal magistrate judge on March 27 granted an insured's motion to amend his complaint to assert an additional breach of contract claim for repudiation against the Federal Emergency Management Agency (FEMA), but refused to allow the insured to assert a declaratory judgment claim in his lawsuit seeking coverage for Hurricane Irene flood damage (Christopher Jakubowski v. FEMA, No. 2:12-cv-02202 $(CCC$) $(JAD$), D. N.J.; 2013 U.S. Dist. LEXIS 43789).

Michigan Federal Judge Denies Temporary Injunction In Birth Control Suit

DETROIT - A Michigan federal judge on March 22 denied an emergency motion for a temporary injunction brought by a natural foods company and its owner, who are seeking to halt the implementation of the "birth control mandate" contained in the Patient Protection and Affordable Care Act (PPACA) (Eden Foods Inc., et al. v. Kathleen Sebelius, et al., No. 13-11229, E. D. Mich.; 2013 U.S. Dist. LEXIS 40768).

AED Failures Prompt FDA To Require Premarket Approval Of Emergency Heart Devices

ROCKVILLE, Md. - After receiving about 45,000 reports of failures of automated external defibrillators (AEDs) over an eight-year period, the Food and Drug Administration on March 22 proposed that manufacturers be required to submit premarket approval (PMA) applications for the devices.

Michigan Governor Names Detroit's Emergency Financial Manager

DETROIT - The Michigan Local Financial Emergency Assistance Board on March 14 approved Gov. Rick Snyder's appointment of bankruptcy attorney Kevyn Orr as the emergency financial manager for the City of Detroit.

Creditors Want Trustee Named Or Chapter 7 Conversion For Texas Oil And Gas Company

HOUSTON - The Official Committee of Unsecured Creditors of ATP Oil & Gas Corp. on Feb. 10 filed an emergency motion in the U.S. Bankruptcy Court for the Southern District of Texas seeking the appointment of a Chapter 11 trustee or conversion of the proceeding to Chapter 7 liquidation (In Re: ATP Oil & Gas Corporation, No. 12-36187, Chapter 11, S.D. Texas Bkcy.).

Alternative Energy Company Satcon Seeks Emergency Chapter 7 Conversion

WILMINGTON, Del. - Bankrupt alternative energy company Satcon Technology Corp. on Feb. 5 filed an emergency motion for an order converting its proceeding to a Chapter 7 bankruptcy because it has received no viable offers for selling its assets (In Re: Satcon Technology Corporation, No. 12-12869, Chapter 11, D. Del. Bkcy.).

Illinois Judge Grants Bill Of Discovery In Fatal Condo Fire Action

CHICAGO - An Illinois judge on Jan. 28 granted a plaintiff's emergency bill of discovery in a wrongful death action filed following a fatal condominium fire, ordering the defendants to preserve 911 tapes and other documents (Patricia Fasula v. Lakefront Condominium Association, et al., No. 2013CH02209, Ill. Cir., Cook Co.).

Federal Judge Refuses To Stay Arbitration Arising From Legal Malpractice Claims

HOUSTON - A Texas federal judge on Jan. 23 denied a professional liability insurer's emergency motion to stay an arbitration proceeding between its law firm insured and an underlying claimant, one month after ruling that the insurer has a duty to defend its insured in the arbitration (OneBeacon Insurance Company v. T. Wade Welch & Associates, et al., No. H-11-3061, S.D. Texas).

Steroid Plaintiffs Seek To Freeze $21M Paid Out By Compounding Pharmacy

BOSTON - A Massachusetts bankruptcy judge on Jan. 23 scheduled a hearing on an emergency motion by unsecured creditors to try to freeze $21 million the creditors say was transferred in the past year to insiders of New England Compounding Pharmacy Inc. (NECP), the company at the center of a fungal meningitis outbreak (In Re: New England Compounding Pharmacy, Inc., No. 12-19882, D. Mass., E. Div.).

Harrisburg Council Cannot Sue Governor For Declaring Fiscal Emergency, Judge Says

HARRISBURG, Pa. - A federal judge in Pennsylvania on Jan. 9 dismissed a lawsuit brought by members of the Harrisburg City Council against Pennsylvania Gov. Tom Corbett, ruling that the city council lacked standing to sue the governor under the due process clause of the 14th amendment to the U.S. Constitution for his decision to declare a fiscal emergency and seek the appointment of a receiver when the city was approaching bankruptcy (Wanda R.D. Williams, et al. v. Governor Thomas W. Corbett, No. 12-1211, M.D. Pa.).

Pinnacle Airlines Seeks $52M In Additional Funding To Emerge From Chapter 11

NEW YORK - Bankrupt Pinnacle Airlines Corp. on Jan. 2 moved in the U.S. Bankruptcy Court for the Southern District of New York for approval of an additional $52 million in post-petition financing, which the airline says will allow it to emerge from Chapter 11 bankruptcy (In Re: Pinnacle Airlines Corp., No. 12-11343, Chapter 11, S.D. N.Y. Bkcy.).

Tribune Company, With $1.4B In New Loans, Emerges From Chapter 11 Bankruptcy

WILMINGTON, Del. - The Tribune Co. officially emerged from Chapter 11 bankruptcy on Dec. 31 as the bankruptcy judge in the U.S. Bankruptcy Court for the District of Delaware confirmed the company's fourth amended plan of reorganization, which will be funded by $1.4 billion in new loans (In Re: Tribune Company, No. 08-13141, Chapter 11, D. Del. Bkcy.).

Trustee Seeks Settlement With Directors Of Bankrupt Open Range Communications

WILMINGTON, Del. - The Chapter 7 trustee in the bankruptcy proceeding of Open Range Communications Inc. on Dec. 18 filed an emergency motion in the U.S. Bankruptcy Court for the District of Delaware calling for an order approving a settlement between himself and a group of defendants to avoid costly and complex litigation the trustee has filed to recover assets for the bankruptcy estate (Charles M. Forman v. One Equity Partners III, et al. [In Re: Open Range Communications Inc.], Adv. Proc. No. 12-50739, No. 11-13188, Chapter 7, D. Del. Bkcy.).

K-V Discovery Solutions Seeks Approval Of $85M Loan To Pay Settlement, Costs

NEW YORK - Bankrupt pharmaceutical firm K-V Discovery Solutions Inc. on Dec. 11 moved in the U.S. Bankruptcy Court for the Southern District of New York for approval of an $85 million deal for post-petition financing, which the company says will enable it to emerge from Chapter 11 bankruptcy (In Re: K-V Discovery Solutions Inc, No. 12-113346, Chapter 11, S.D. N.Y. Bkcy.).

Standard Chartered To Pay $327M To Settle Money Laundering Claims

WASHINGTON, D.C. - Standard Chartered Bank (SCB) has agreed to the forfeiture of $227 million to the U.S. Department of Justice and to pay a $100 million penalty to the Federal Reserve Board for violating the International Emergency Economic Powers Act (IEEPA) by engaging in what is being deemed illegal transactions with a number of sanctioned entities, according to a press release issued on Dec. 11 by the U.S. Attorney's Office for the District of Columbia.

Missouri Appeals Court Affirms Denial Of Medicaid Benefits To Legal Alien

KANSAS CITY, Mo. - The Western District Missouri Court of Appeals, Division Two, on Dec. 4 affirmed a trial court ruling denying Medicaid coverage for kidney dialysis treatment to a "legal alien." The appeals court concluded that while a legal alien may receive Medicaid benefits after living in the country for five years or more, or for seeking emergency treatment, the plaintiff had resided in the United States for only three years and her condition was not considered an emergency under state and federal law (Bertha Cruz v. Mo. Department of Social Services,  No. WD74667, Mo. App., Western Dist., Div. 2; 2012 Mo. App. LEXIS 1537).

Georgia Appeals Panel: Delay At Emergency Room May Have Caused Man's Injury

ATLANTA - The Georgia Court of Appeals on Nov. 28 overturned summary judgment for the defendants in a medical malpractice action, concluding that the plaintiffs presented evidence showing that a delay in proper medical attention led to a man's finger being amputated (Ryan S. Dailey, et al. v. Dr. Gihan Abdul-Samed, et al.,  No. A12A1109, Ga. App.; 2012 Ga. App. LEXIS 1002).

Satcon Creditors Oppose Deal That Would Lead To Incurring Post-Petition Trade Debt

WILMINGTON, Del. - A group of secured creditors in the Chapter 11 bankruptcy of alternative energy company Satcon Technology Corp. (STC) on Nov. 27 filed a brief in the U.S. Bankruptcy Court for the District of Delaware objecting to the debtor's emergency motion seeking authorization to enter a settlement in which it would incur post-petition trade debt (In Re: Satcon Technology Corporation, No. 12-12869, Chapter 11, D. Del. Bkcy.).

Kodak Restructuring Officer: Bankruptcy Court Should OK Additional Financing

NEW YORK - The chairman of the restructuring group in the Chapter 11 bankruptcy case of Eastman Kodak Co. on Nov. 19 filed a brief in the U.S. Bankruptcy Court for the Southern District of New York arguing that the bankruptcy court should approve additional post-petition funding for Kodak to emerge from bankruptcy quickly (In Re: Eastman Kodak Company, No. 12-10202, Chapter 11, S.D. N.Y. Bkcy.).

FCC Approves Tribune Licenses; Progress Toward Emerging From Chapter 11 Continues

CHICAGO - Bankrupt Tribune Co. on Nov. 16 issued a statement in which it said that based on the approval it has gained from the Federal Communications Commission for broadcast licenses, the company will be able to emerge from Chapter 11 bankruptcy (In Re: Tribune Company, No. 08-13141, Chapter 11, D. Del. Bkcy.). Subscriber may view the statement available within the full article.

New York High Court Finds Challenge To Medicaid Benefits Notification Not Moot

ALBANY, N.Y. - The New York Court of Appeals on Oct. 30 affirmed an appellate court order that the state's Department Of Health failed, and will likely continue to fail, to timely respond to requests for emergency medical assistance benefits. The high court agreed that the "likely to recur" mootness doctrine should be applied to the plaintiff's claim seeking damages for lack of notification of benefits availability (Barbara Coleman, etc., v. Richard F. Daines, M.D., etc.,  No. 152, N.Y. App.; 2012 N.Y. LEXIS 3263).

City Of Atwater, Calif., Officially Says It Has Declared Fiscal Emergency

ATWATER, Calif. - An official in the City of Atwater, Calif., on Oct. 8 confirmed that the City Council has declared a fiscal emergency, which is seen as the first step toward officially filing for Chapter 9 bankruptcy.