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Experts Will Argue Significance Of Duration In Major PPH Study
KANSAS CITY, Mo. - The federal judge presiding over an upcoming trial alleging that Wyeth's diet drugs caused a woman's primary pulmonary hypertension (PPH) has denied most of the parties' pretrial motions to exclude or limit the testimony of experts, allowing the case to proceed largely intact (Becky J. Wright, et al. v. American Home Products Corporation, et al., No. 06-CV-4183-NKL, W.D. Mo., Central Div.). Full story on lexis.com
$422 Million MTBE Groundwater Contamination Agreement Settles 59 Lawsuits
NEW YORK - Attorneys for nearly 600 plaintiffs from 17 states and representing 59 lawsuits against gasoline refiners on May 7 moved in the U.S. District Court for the Southern District of New York for determination of good faith in a $422 million cash settlement in the national methyl tertiary butyl ether products liability litigation (In re: MTBE Products Liability Litigation, No. 00-1898, MDL 1358, S.D. N.Y.). Full story on lexis.com
Maine Bankruptcy Judge Says Creditor Notified, Stay Was Violated
BANGOR, Maine - A Maine bankruptcy judge ruled April 23 that a creditor had been properly notified of a bankruptcy proceeding and violated the automatic stay by sending the debtor couple monthly billing statements (Robert Paul Harvey v. United Technologies [In Re: Robert Paul Harvey, et al.], No. 07-20248, Adv. No. 07-2057, Chapter 7, D. Maine. Bkcy.; 2008 Bankr. LEXIS 1163). Full story on lexis.com
Carrier Not Entitled To Reimbursement Of Defense Costs, Panel Says
HARRISBURG, Pa. - An insurer is not entitled to reimbursement of the defense costs it spent in defending its insured in an underlying firearms negligence suit because the insurer could have included a policy provision on the reimbursement of attorney fees but failed to do so, and allowing reimbursement before a court's coverage determination would result in the retroactive erosion of the breadth of the duty to defend, the Pennsylvania Superior Court said May 5 (American and Foreign Insurance Co., Royal Insurance Company of America, Safeguard Insurance Company and Royal Indemnity Co. v. Jerry's Sport Center Inc., et al., No. 1098 MDA 2006, Pa. Super.; Pa. Super. LEXIS 990). Full story on lexis.com
Summary Judgment Against PBM Vacated In PBM Law Dispute
WASHINGTON, D.C. - The District of Columbia Circuit U.S. Court of Appeals on April 18 vacated an order granting summary judgment against a pharmacy benefit management (PBM) association, holding that the doctrine of collateral estoppel did not preclude its suit trying to stop the implementation of a law regulating PBMs (Pharmaceutical Care Management Association v. District of Columbia, et al., No. 07-7062, D.C. App.; 2008 U.S. App. LEXIS 8386; See 3/21/07, Page 6). Full story on lexis.com
Florida Jury Awards State-Record $24.17M In Living Meso Case
MIAMI - A Florida jury on April 25 awarded a record $24.17 million verdict to a man, his wife and three children for mesothelioma he contracted after exposure to asbestos in Honeywell brakes (Stephen Guilder, et al. v. Honeywell International Inc., f/k/a Allied Signal, as successor-in-interest to Allied Corp., as successor-in-interest to The Bendix Corp., No. 07-36683, Fla. Cir., Miami-Dade Co.). Full story on lexis.com
Insured's Damages Should Have Been Limited To 90-Day Notice Period, Panel Rev...
RICHMOND, Va. - An insurer was entitled to terminate an insurance contract under its cancellation clause, and, therefore, an insured's damages should have been limited to those incurred during the 90 days after cancellation of the contract, the Fourth Circuit U.S. Court of Appeals found April 16, reversing and remanding for a lower court to reduce a $10.5 million judgment against the insurer accordingly (Strategic Outsourcing Incorporated v. Continental Casualty Co., Nos. 07-1237, 07-1279, 4th Cir.; 2008 U.S. App. LEXIS 8191; See 4/17/07, Page 23). Full story on lexis.com
U.S Supreme Court Denies Appeal Of $112 Million Punitive Damages In Louisiana...
WASHINGTON, D.C. - The U.S. Supreme Court on April 21 declined without comment an appeal by ExxonMobil Corp. of a $112 million punitive damages award in a Louisiana property damage lawsuit (ExxonMobil Corp. v. Joseph Grefer, et al., No. 07-1055, U.S. Sup.; See 11/16/07, Page 4). Full story on lexis.com
Delaware High Court Finds No Evidence Linking Mold To Family's Injuries
WILMINGTON, Del. - The Delaware Supreme Court on April 23 affirmed a trial court's dismissal of an action filed by tenants alleging that their rental property was contaminated with mold after finding that the tenants failed to provide expert evidence to prove that mold caused their personal injuries (Stephen M. Campbell and Stacey A. Campbell, et al. v. Marie DiSabatino, et al., No. 256, 2007, Del. Sup.; 2008 Del. LEXIS 188). Full story on lexis.com
No Duty To Defend Actions Arising From WTC Attacks, Excess Insurer Contends
Case: World Trade Center Properties, et al. v. Zurich American Insurance Co., et al., Nos. 07-0530 consolidated with 07-0706, 07-0776, 07-0991, 2nd Cir. Full story on lexis.com
Panel Upholds Denial Of Motion To Dismiss In Copyright, Patent Case
WASHINGTON, D.C. - The question of whether an allegedly infringing act happened in the United States is an element of the claim for patent infringement, not a prerequisite for subject matter jurisdiction, the Federal Circuit U.S. Court of Appeals held April 28 (Litecubes, LLC and Carl R. Vanderschuit v. Northern Light Products, Inc., No. 2006-1646, Fed. Cir.; See 9/4/07, Page 24; 2008 U.S. App. LEXIS 9166). Full story on lexis.com
Exposure To Files Not Distribution, Federal Judge Concludes
BOSTON - In a 52-page decision that granted, in part, motions to quash subpoenas served against numerous college students, a federal judge in Massachusetts entered findings that "merely exposing music files to the internet is not copyright infringement" (London-Sire Records Inc., et al. v. Doe 1 et al., No. 04cv12434, D. Mass.). Full story on lexis.com
Panel Upholds Denial Of Motion To Dismiss In Copyright, Patent Case
WASHINGTON, D.C. - The question of whether an allegedly infringing act happened in the United States is an element of the claim for patent infringement, not a prerequisite for subject matter jurisdiction, the Federal Circuit U.S. Court of Appeals held April 28 (Litecubes, LLC and Carl R. Vanderschuit v. Northern Light Products, Inc., No. 2006-1646, Fed. Cir.; See September 2007, Page 22; 2008 U.S. App. LEXIS 9166). Full story on lexis.com
9th Circuit: Gerber Fruit Juice Snacks Packaging Deceptive; Case Remanded
PASADENA, Calif. - A panel of the Ninth Circuit U.S. Court of Appeals ruled April 21 that a judge erred in determining that a children's food product's packaging was not deceptive, remanding the class action to the trial court (Nakia Williams, individually and on behalf of all others similarly situated and Rita Tabiu v. Gerber Products Co., No. 06-55921, 9th Cir.; 2008 U.S. App. LEXIS 8599). Full story on lexis.com
Judge Not Persuaded To Change $5.75 Million Punitive Damages Award
NEW YORK - A federal judge in New York on April 22 denied an insurer's post-trial motion that a $5.75 million punitive damages award against it should be dismissed on the ground that a reinsurer failed to present legally sufficient evidence to warrant the award (AXA Versicherung AG, on its own behalf and as successor in interest to Albingia Versicherungs AG v. New Hampshire Insurance Co., et al., No. 05 Civ. 10180 [JSR], S.D. N.Y.; 2008 U.S. Dist. LEXIS 33950; See 4/18/08, Page 5). Full story on lexis.com

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