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Keyword: Court:

09/26/2014
MONKTON INSURANCE SERVICES, LIMITED v. WILLIAM G. RITTER, ET AL.
Fifth Circuit Affirms Dismissal For Lack Of Personal Jurisdiction And Denial Of Motion Seeking Jurisdictional Discovery
United States Court of Appeals for the Fifth Circuit

  District Court dismissed third-party complaint for lack of personal jurisdiction and denied motion by third-party plaintiff Ritter for jurisdictional discovery.  The Fifth Circuit affirmed.The Circuit Court noted that the communica

Submitted by: Anthony J. Zarillo, Jr. [Bevan, Mosca, Giuditta & Zarillo, P.C.] - Posted: 10/01/2014
09/25/2014
ALLEN ET AL. v. DISTRICT OF COLUMBIA
DC Court Of Appeals Upholds Public Duty Doctrine To Bar Wrongful Death And Survival Action Against The District Of Columbia
DISTRICT OF COLUMBIA COURT OF APPEALS

The District of Columbia’s highest court re-affirmed the application of the “public duty” doctrine, which shields the District and its employees from liability arising out of their actions in the course of providing public servic

Submitted by: Anthony J. Zarillo, Jr. [Bevan, Mosca, Giuditta & Zarillo, P.C.] - Posted: 09/30/2014
09/25/2014
RSUI Indemnity Company v. American States Insurance Company
United States Court of Appeals for the Fifth Circuit Holds that No Excess Judgment is Required if Primary Insurer’s Alleged Bad Faith Failure to Defend Exposes Insured to Excess Liability and Causes Excess Settlement
United States Court of Appeals for the Fifth Circuit

The Plaintiff, Stacia Barrow, was in a motor vehicle accident that caused injuries to her back, lower extremities, hip, neck, and head. She filed a lawsuit in Louisiana State Court against the insured driver, his employer, and the primary insurer,

Submitted by: Rachel Simes Guttmann, McCranie, Sistrunk, Anzelmo, Hardy, McDaniel & Welch, LLC - Posted: 09/26/2014
09/24/2014
In re: Hugo Gerardo Camacho Naranjo, et al.,
United States Fourth Circuit Dismisses Appeal and Affirms Order for Production of Documents from Attorneys who Obtain Ecuadorian Judgment Against Chevron
United States Court of Appeals for the Fourth Circuit

The United States Court of Appeals for the Fourth Circuit considered a matter in which Chevron alleged that two individual attorneys, known as the Pages, assisted in fraudulent conduct to obtain a judgment against Chevron in Ecuador. In 1993,

Submitted by: Rachel Simes Guttmann, McCranie, Sistrunk, Anzelmo, Hardy, McDaniel & Welch, LLC - Posted: 09/26/2014
09/23/2014
PATRICIA ATALESE v. U.S. LEGAL SERVS. GRP., L.P.
New Jersey’s High Court Refuses To Enforce Arbitration Agreement In Consumer
SUPREME COURT OF NEW JERSEY

Plaintiff and the company defendant entered into a contract for debt-adjustment services.  The contract contained an arbitration provision for the resolution of any dispute between the parties.  Of significance, the arbitration provision

Submitted by: Anthony J. Zarillo, Jr. [Bevan, Mosca, Giuditta & Zarillo, P.C.] - Posted: 09/29/2014
09/22/2014
Pioneer Exploration, L.L.C. v. Steadfast Insurance Company
No Umbrella Coverage for Property Damage to Property Owned, Rented, or Occupied by the Insured
United States Court of Appeals for the Fifth Circuit

The insured, an oil and gas exploration company, appealed the district court’s grant of summary judgment in favor of its umbrella carrier following a blowout resulting in salt water and other fluids flowing from the wellhead and contaminatin

Submitted by: John W. Sinnott of Irwin Fritchie Urquhart & Moore LLC - Posted: 09/23/2014
09/22/2014
Hardy Oil Company, Inc. v. Nationwide Agribusiness Insurance Co.,
United States Sixth Circuit Affirms Summary Judgment on Scope of Insurance Agent’s Limited Duty to Advise Insured about Policy Coverage
United States Court of Appeals for the Sixth Circuit

The United States Court of Appeals for the Sixth Circuit affirmed the District Court’s grant of summary judgment in favor of Defendant, Wells Fargo, on the issue of whether an insurance agent for Wells Fargo had a duty to advise the insured,

Submitted by: Rachel Simes Guttmann, McCranie, Sistrunk, Anzelmo, Hardy, McDaniel & Welch, LLC - Posted: 09/24/2014
09/19/2014
U.S. Metals, Inc. v. Liberty Mutual Group, Inc.,
United States Fifth Circuit Certifies Questions to Texas Supreme Court about Interpretation of Terms in CGL Policies under Texas Law.
United States Court of Appeals for the Fifth Circuit

The United States Court of Appeals for the Fifth Circuit certified questions to the Texas Supreme Court about the interpretation of terms within common exclusions of commercial general liability policies for which there is no Texas precedent. The

Submitted by: Rachel Simes Guttmann, McCranie, Sistrunk, Anzelmo, Hardy, McDaniel & Welch, LLC - Posted: 09/22/2014
09/18/2014
Indalex v. National Union Fire Ins
Claims for damages as the result of faulty windows is an occurrence in PA.
SUPREME COURT OF PENNSYLVANIA

The Pennsylvania Supreme Court has denied the appeal of National Union Fire from the December 2013 opinion of the PA Superior Cour, thttp://www.pacourts.us/assets/opinions/Superior/out/j-a02017-13o%20-%201016361921823493.pdf#search=%22indalex%22.

Submitted by: Mills Gallivan, Gallivan, White &Boyd P.A. - Posted: 09/22/2014
09/17/2014
Equal Employment Opportunity Commission v. Simbaki, Ltd., et al
Fifth Circuit Addresses Unresolved Question of Judicially-Recognized Exceptions to Title VII’s Named-Party Requirement
United States Court of Appeals for the Fifth Circuit

Defendant Berryhill Hot Tamales Corporation obtained a dismissal of the Title VII lawsuit brought against it by two former employees on the basis that it (Berryhill Hot Tamales) was not a named party in the original EEOC charges.  The plainti

Submitted by: Ron Clark, Bullivant Houser Bailey - Posted: 09/19/2014
09/17/2014
Acadia Ins. Co. v. Hinds County School District v. Ace American Insurance
Fifth Circuit Reaches Different Conclusions on Duty to Defend in the Same Case Based on the Difference in Policy Language
United States Court of Appeals for the Fifth Circuit

Applying Mississippi law regarding duty to defend, the Fifth Circuit affirmed the district court’s conclusion that one liability insurer (Ace American) did not have a duty to defend the insured school district, but that a second liability ca

Submitted by: Ron Clark, Bullivant Houser Bailey - Posted: 09/19/2014
09/17/2014
Major v. City of Hartsville
South Carolina Supreme Court Reverses Lower Courts on Summary Judgment Based on Factual Issue about Constructive Notice of Rut in Roadway.
Supreme Court of South Carolina

The South Carolina Supreme Court granted a writ of certiorari on the behalf of a petitioner who fell in a rut in an unpaved intersection and injured her ankle. Previously, respondent filed a motion for summary judgment in the trial court on the ba

Submitted by: Rachel Simes Guttmann, McCranie, Sistrunk, Anzelmo, Hardy, McDaniel & Welch, LLC - Posted: 09/23/2014
09/16/2014
State Farm Fire & Casualty Company v. Joseph Martin Radcliff and Coastal Property Management, LLC, a/k/a CPM Construction of Indiana
$14.5M Defamation Verdict Against State Farm Upheld
Court of Appeals of Indiana

An Indiana appeals court upheld the largest defamation verdict in the state’s history on Tuesday in a lawsuit claiming State Farm Fire and Casualty Co. had a roofing contractor arrested for assisting homeowners after the insurer denied hundr

Submitted by: Ron Clark and Matt Hedberg, Bullivant Houser Bailey PC - Posted: 09/18/2014
09/10/2014
Buck v. Columbia Hosp. Corp. of S. Broward
Florida District Court of Appeals Affirms Trial Court’s Dismissal of General Negligence Complaint because the Allegations Sounded in Medical Malpractice
Florida District Court of Appeals

Plaintiff filed a general negligence suit on behalf of Decedent against Westside Regional Medical Center (“Westside”).  Plaintiff alleged that Decedent was admitted to Westside due to complications related to her chronic obstructi

Submitted by: D. Jay Davis and J. Camden Hodge of Young Clement Rivers, LLP - Posted: 09/12/2014
09/10/2014
Geico General Ins. Co. v. Rodriquez
Florida Appellate Court Rules Insured May Control its Own Defense When Insurer Reserves Rights
District Court of Appeal of Florida,Third District.

Auto insurer accepted defense subject to reservation of rights.  Following a myriad of unusual events, the insured fired the retained insurance defense firm and took control of the defense.  The insurer contended such action was a violat

Submitted by: Ron Clark, Bullivant Houser Bailey PC - Posted: 09/16/2014
09/09/2014
Jones v. MEA, Inc.
Mississippi Court of Appeals Finds That Self-Proclaimed “Doctor of Naturopathic Medicine” was Not Qualified to Testify Against Medical Doctor in Malpratice Suit
Mississippi Court of Appeals

81 year-old Decedent was prescribed medication for her high blood pressure.  She had an adverse reaction to the medication and was sent to the hospital.  She was discharged the next day, but returned six weeks later to a different hospit

Submitted by: D. Jay Davis and J. Camden Hodge of Young Clement Rivers, LLP - Posted: 09/10/2014
09/08/2014
Haney v. Lewis
Louisiana Court of Appeals Upholds Trial Court’s Refusal to Grant New Trial in Medical Negligence Action.
Louisiana Court of Appeals

Plaintiff underwent a total knee replacement surgery at the Greater Baton Rouge Surgical Hospital (the “Hospital”) between 10 and 11 AM.  Immediately following the surgery, the orthopedic surgeon was unable to discern a pulse in P

Submitted by: D. Jay Davis and J. Camden Hodge of Young Clement Rivers, LLP - Posted: 09/15/2014
09/08/2014
ROY V. TRAVELERS INSURANCE
Third Circuit Enforces Policy Provision Specifying Limitations Period Shorter than Statute of Limitations
United States Court of Appeals for the Third Circuit

Policy provision required insured to bring any coverage suit within two years of the date of loss.  Policyholder sued after the two-year period had expired, but before the expiration of the statute of limitations.  Policyholder argued th

Submitted by: Alan Rutkin of Rivkin Radler LLP. - Posted: 09/15/2014
09/05/2014
Monique Sinkfield v. State Farm
Circuit Court affirms finding that State Farm is entitled to summary judgment on the basis of the policy’s fraud clause.
United States Court of Appeals for the Sixth Circuit

Plaintiff purchased a home for $50,000.  Plaintiff applied for over $200,000 worth of insurance from State Farm  in December 2010. Defendant wrote the policy.  On December 31, 2010, the plaintiff filed for bankruptcy and listed her

Submitted by: Kay Gaffney, Barnes Alford - Posted: 09/05/2014
09/05/2014
UNITED STATES V. INDEX NEWSPAPERS
The public’s rights of access to certain records of Grand Jury contempt proceedings were categorical, but were not unqualified.
United States Court of Appeals for the Ninth Circuit

The panel affirmed in part and reversed in part the district court’s order denying in part a newspaper’s motion to unseal transcripts and filings related to grand jury witness Matthew Duran’s contempt and continued confinemen

Submitted by: Meloney Perry of Perry Law P.C., Dallas, TX - Posted: 09/08/2014
09/05/2014
JOHN DELANEY V. BANK OF AMERICA CORP., ET AL
Employer satisfied its burden to articulate a legitimate, nondiscriminatory reason for termination.
United States Court of Appeals for the Second Circuit

Age discrimination claim—The Court held that it was well established that the burden-shifting framework set forth by the Supreme Court in McDonell Douglas Corp. v. Green, 411 U.S. 792 (1973) applies to claims bought under the ADEA.  And

Submitted by: Meloney Perry of Perry Law P.C., Dallas, TX - Posted: 09/08/2014
09/04/2014
DOE V. NESTLE USA, INC.
ATS claim asserted by the plaintiffs requires the Court to look to international law and determine whether corporations are subject to the norms underlying that claim.
United States Court of Appeals for the Ninth Circuit

The plaintiffs are former child slaves who were forced to harvest cocoa in the Ivory Coast. They filed claims under the Alien Tort Statute (ATS) against defendants Nestle USA, Inc., Archer Daniels Midland Company, Cargill Incorporated Company, and

Submitted by: Meloney Perry of Perry Law P.C., Dallas, TX - Posted: 09/05/2014
09/04/2014
LAVIN, ET AL. V HUSTE
An abuse of discretion exists when the district court applies the wrong legal standard, misapplies the correct legal standard, or relies on clearly erroneous findings of fact or when we are “‘firmly convinced that a mistake has been made.
United States Court of Appeals for the Sixth Circuit

Plaintiffs appeal the district court’s award and reduction of attorneys’ fees under 42 U.S.C. § 1988 arguing that it abused its discretion by relying on several considerations irrelevant to, and inconsistent with, the §1988 i

Submitted by: Meloney Perry of Perry Law P.C., Dallas, TX - Posted: 09/05/2014
09/04/2014
F. H. V. MEMPHIS CITY SCH., ET AL.
Appellants’ § 1983 claims do not arise under the IDEA, were not released by the Settlement Agreement.
United States Court of Appeals for the Sixth Circuit

Plaintiffs as next friend filed suit against Memphis City Schools (MCS) alleging MCS allowed for the abuse and neglect of F.H. while enrolled in its schools, and allege Appellee breached a Settlement Agreement. The district court granted Appellee&

Submitted by: Meloney Perry of Perry Law P.C., Dallas, TX - Posted: 09/05/2014
09/04/2014
SFM HOLDINGS LTD, ET AL. V. BANC OF AMERICA SECURITIES, LLC.
Circuit Court rules the District court had authority to enjoin claims relitigation in state court.
United States Court of Appeals for the Eleventh

This appeal concerns the effect of an earlier federal lawsuit on a pending state lawsuit, both arising from the same course of events between the parties. The district court enjoined Plaintiffs from prosecuting an action in Florida state court aga

Submitted by: Meloney Perry of Perry Law P.C., Dallas, TX - Posted: 09/05/2014
09/04/2014
SAFELITE GROUP, INC. V. JEPSEN
Circuit Court orders a preliminary injunction on First Amendment grounds in a dispute about Auto Glass replacements.
United States Court of Appeals for the Second Circuit

Safelite Group, Inc., and its subsidiary, insurance-claims administrator Safelite Solutions LLC, appeal from a denial of a preliminary injunction against enforcement of Connecticut’s Public Act 13-67 (“PA 13-67"), “An Act Co

Submitted by: Meloney Perry of Perry Law P.C., Dallas, TX - Posted: 09/05/2014
09/03/2014
May v. PHH Mortgage Corp.
Successor mortgager to foreclose must show it was in possession of the original note with blank endorsement at time Complaint is filed.
District Court of Appeals of Florida, Second District

A Florida appellate court has ruled that a successor mortgagor seeking to establish a prima facie case for mortgage foreclosure must introduce evidence that it was in possession of the original note with blank endorsement at the time it filed the

Submitted by: Ron Clark, Bullivant Houser Bailey PC - Posted: 09/16/2014
09/03/2014
Price v. Castle Key Indem. Co.
Seepage Exclusion Ambiguous as Applied to Bathroom Pipe Leak Occurring Over 32 Days
District Court of Appeal of Florida, Second District

The insurance policy covered “sudden and accidental direct physical loss to property.”  The policy excluded coverage for “continuous or repeated seepage or leakage over a period of weeks, months, or years.”  The w

Submitted by: Ron Clark and Matt Hedberg, Bullivant Houser Bailey PC - Posted: 09/18/2014
09/02/2014
Sauer v. Crews
Century’s CGL policy did not provide coverage for the “trailer” involved in accident.
Ohio Supreme Court

This case presented the question: Should ambiguity be determined only after the language at issue is examined in light of the overall context of the policy?  The Court ruled that We answer in determining whether a policy provision is ambiguou

Submitted by: Victoria H. Roberts Vice-President & Counsel Meadowbrook Insurance Group - Posted: 09/02/2014
08/28/2014
HAYNE V. THE DOCTORS COMPANY
Supreme Court of Mississippi Rules that Medical Malpractice Policy Does Not Cover Inmates’ Fraud Claims in Wrongful Convictions
Supreme Court of Mississippi

Exonerated former inmates sued a doctor who had testified against them.  The exonerated former inmates alleged fraud and malicious prosecution.  The doctor sought coverage under his malpractice policy.  The policy, however, was limi

Submitted by: Alan Rutkin of Rivkin Radler LLP. - Posted: 09/15/2014
08/26/2014
In re Estate of Ball,
State Tort Liability Act’s Definition of “Medical Treatment” Extended to Mental Illness
Michigan Court of Appeals

Decedent Mr. Ball was a World War II veteran who was admitted to a veteran’s nursing home that included an Alzheimer’s/dementia ward.  His wife, Ms. Ball, also was admitted to the nursing home.  Because decedent repeatedly wo

Submitted by: Jay Davis and Camden Hodge Young Clement Rivers, LLP - Posted: 09/09/2014
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