Commercial & Insurance litigation

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February 08, 2010

Faulty Dell Inspiron case reopened
vnunet.com, 8 February 2010 Monday
Dell is being sued again over the alleged selling of faulty Inspiron notebooks that contained poor cooling systems and powersuuplies

February 06, 2010

FTC RETURNS $1.6 MILLION TO CONSUMERS SCAMMED BY BOGUS DEBT COLLECTOR
US Fed News, February 6, 2010 Saturday 5:22 PM EST
WASHINGTON, Feb. 5 -- The Federal Trade Commission issued the following press release: The FTC will distribute $1.6 million to thousands of consumers who were scammed into paying money they did not owe by con artists who threatened, harassed...

February 05, 2010

4 recuse; Proctor's case left in limbo
Arkansas Democrat-Gazette (Little Rock), February 5, 2010 Friday
Citing friendships and professional relationships with some of the parties, four federal judges declined Thursday to preside over a lawsuit in which a former Pulaski County circuit judge, Willard Proctor Jr., is challenging his removal from...

Appeals court upholds New York's ballast water rules <|> Regulation's goal to protect Great Lakes
Milwaukee Journal Sentinel (Wisconsin), February 5, 2010 Friday
By DAN EGAN A New York state appellate court has tossed out a challenge by the shipping industry over the state's ballast water treatment requirements for oceangoing ships visiting the GreatLakes

FTC Returns $1.6 Million to Consumers Scammed by Bogus Debt Collector
Federal Trade Commission Documents and Publications, February 5, 2010
FTC Returns $1.6 Million to Consumers Scammed by Bogus Debt Collector Checks Will Arrive This Month The FTC will distribute $1.6 million to thousands of consumers who were scammed into paying money they did not owe by con artists who...

Hedge-fund creditors win round in newspapers' bankruptcy case
The Philadelphia Daily News, February 5, 2010 Friday
The hedge funds holding most of the secured debt in the Daily News and Inquirer are not required to disclose what they paid for it, a federal bankruptcy judge ruledyesterday

Insurance law - underinsured motorists :
Chicago Daily Law Bulletin, February 5, 2010 Friday
The Illinois Appellate Court, 1st District, 3rd Division, has affirmed a ruling by Cook County Circuit Judge Rita M. Novak. On March 5, 2005, Christine Triana was riding in a vehicle driven by Christine Wagner on Illinois Route 20 in Galena,...

Major cigarette liability trial postponed until June
West Virginia Record, February 5, 2010 Friday

February 04, 2010

Court of appeal reverses decision to award Page Mill fees in case against East Palo Alto
San Jose Mercury News (California), February 4, 2010 Thursday
The California Court of Appeal has reversed a lower court's decision awarding East Palo Alto's biggest landlord attorneys' fees in a case against the city, possibly saving the city hundreds of thousands of dollars in another legal case,...

NY Wins One for the Great Lakes
Targeted News Service, February 4, 2010 Thursday 5:08 AM EST
The Natural Resources Defense Council issued the following news release: Amidst the public battle over handling of the Asian carp threat in the Great Lakes, there is good news on the invasive species front today. A New York State appellate...

United States : Missouri appeals court affirms most of $4.95M verdict against Research, Centerpoint ...
TendersInfo, February 4, 2010 Thursday
The Missouri Court of Appeals, Western District has affirmed the bulk of a $4.95 million verdict in a case involving Research Medical Center, Centerpoint Medical Center and a doctor whom those hospitals fired.

February 03, 2010

Court decision in gas case raises eyebrows of power interests because of broader implications
SNL FERC Power Report, February 3, 2010
A recent federal appeals court decision involving the information to be included on the financial reports of interstate gas pipeline companies has come to the attention of power industry interests because of the implications the ruling may...

Court: PNGTS shippers failed to show harm from capacity decrease
SNL Daily Gas Report, February 3, 2010
A group of shippers on the Portland Natural Gas Transmission System failed to demonstrate that a FERC decision to reduce certificated capacity on the pipeline harmed them, the U.S. Court of Appeals for the District of Columbia Circuit said in...

EnergySolutions flips on deal not to expand waste site
The Salt Lake Tribune, February 3, 2010 Wednesday
EnergySolutions Inc. put the brakes on expansion plans for its Tooele radioactive waste site two years ago in an agreement with then-Gov. Jon Huntsman Jr., who hailed the deal as a "monumental win" for Utah residents. But, now that the U.S....

Guthrie school lawsuit decision is reversed; COURTS; 10TH CIRCUIT COURT REMANDS DISABILITIES CASE ...
The Oklahoman (Oklahoma City, OK), February 3, 2010 Wednesday
A decision against a former counselor and teacher claiming Guthrie Public Schools officials violated the Americans With Disabilities Act when they demoted her has been reversed by the U.S. 10th Circuit Court ofAppeals

Take Care When Securing Shares.
Mondaq Business Briefing, February 3, 2010
The recent Enviroco case before the Court of Appeal in England illustrates the unintended consequences that can result from incorporating statutory references into commercial contracts, and indeed from giving a certain type of security over...

Tenth Circuit Criticizes Controversial Oklahoma Immigration Law
Targeted News Service, February 3, 2010 Wednesday 4:12 AM EST
The U.S. Chamber of Commerce issued the following news release: The U.S. Court of Appeals for the Tenth Circuit recently ruled that federal immigration law preempts most of the employer provisions of an Oklahoma immigration statute. However,...

WOLF MEDICAL SUPPLY, INC.; Wolf Medical is Free to Sell Its Redi-Flo Infusion Pump After a Ruling f...
Healthcare Finance, Tax & Law Weekly, February 3, 2010
Wolf Medical Supply, Inc. was granted an important favorable ruling by the Court of Appeals in their ongoing litigation with I-Flow Corporation, a division of Kimberly-Clark Corporation, regarding the Redi-Flo(TM) Infusion Pump. Wolf Medical...

February 02, 2010

United States: Adverse Employment Action Based On Gender-Related Non-Conforming Behavior And Appeara...
Mondaq Business Briefing, February 2, 2010
Under Title VII, an unlawful employment practice is established when an employee demonstrates that gender is a motivating factor for an adverse employment action. Under that analysis, the 8th U.S. Circuit Court of Appeals has upheld the Title...

February 01, 2010

ABA seeks clarity on protections offered by work-product privilege:
Chicago Daily Law Bulletin, February 1, 2010 Monday
Saying conflicting rulings and changes in business practices are hampering lawyers in advising their clients, the American Bar Association is urging the U.S. Supreme Court to map out the boundary between materials that are protected by the...

Appeals court: FERC must better justify rejection of greater reporting detail
SNL Energy Gas Utility Week, February 1, 2010
The U.S. Court of Appeals for the District of Columbia Circuit on Jan. 22 sided with the American Gas Association, finding that FERC had not sufficiently justified its decision to reject calls for more detailed information to be included on...

Securities Litigation Alert
February 1, 2010
Eppinger v. Sealy & Prager, Sealy & Co. LLC, No. SD08-4286, 2009 Fla. App. LEXIS 19762 (Fla. App., 5DCA, 12/18/09). Settlement Issues * Employment Dispute (Husband-Wife Element) * Arbitration Agreement (Form U4) * Scope of Agreement * SRO...

Arkansas Court Strengthens General Tobacco's Position
Business Wire, February 1, 2010 Monday 7:17 PM GMT
Vibo Corporation d/b/a General Tobacco (GT) announced today that an Arkansas Court has denied the Arkansas Attorney General's motion to remove General Tobacco's cigarette brands from the Directory of approved brands to sell in that State and...

City must reimburse auto insurer for PIP payments made to injured bicyclist; State Farm Mut. Auto. ...
Insurance Law & Litigation Week, February 1, 2010
The Michigan Court of Appeals affirmed a trial court's judgment requiring a municipal government, as a self-insured entity, to reimburse an auto insurer for PIP benefit payments made to a bicyclist who was injured in a collision with a police...

CORRECTING and REPLACING U.S. Court of Appeals Delivers Major Victory for International Entrepreneur...
Business Wire, February 1, 2010 Monday 4:19 PM GMT
Sixth graph, first sentence should read: ...and has headquarters in Switzerland. (sted ...and had headquarters in Switzerland.) The corrected release reads: U.S. COURT OF APPEALS DELIVERS MAJOR VICTORY FOR INTERNATIONAL ENTREPRENEUR PHILIP...