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The nation owes a substantial debt to Justice Samuel Alito for his display of unhappiness over President Obama’s criticisms of the Supreme Court’s recent legislation — excuse me, decision — opening our electoral system to a new torrent of corporate money.
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MINNEAPOLIS - A district court judge did not err in excluding the opinion of a Baycol injury plaintiff’s medical causation expert, thereby granting summary judgment to the defendant, a panel of the Eighth Circuit U.S. Court of Appeals ruled Jan. 7 (Vincent J. Caravella v. Bayer AG, et al., No. 08-3852, 8th Cir.).
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PHILADELPHIA - A reinsurer cannot be held in contempt of a confirmed arbitration award because the award did not specify that the reinsurer pay any billings, a federal judge in Pennsylvania held Jan. 11 (Century Indemnity Company v. Certain Underwrites at Lloyd’s, et al., No. 09-mc-0094, E.D. Pa.; 2010 U.S. Dist. LEXIS 1925).
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ATLANTA - A $500,000 punitive damages award - reduced by the trial judge from the $5.2 million a jury had awarded - is reasonable under both Florida law and the U.S. Constitution, an 11th Circuit U.S. Court of Appeals panel said Jan. 6, affirming the trial court judgment (Dawn Georgette Myers v. Central Florida Investments, Inc., David Siegel, et al., No. 08-16291, 11th Cir.; 2010 U.S. App. LEXIS 232; See January 2009).
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BOWLING GREEN, Ky. - The tobacco industry won a partial victory on Jan. 5 in its battle against the recently enacted legislation granting the federal government authority to regulate tobacco when a Kentucky federal judge held that the Food and Drug Administration may not prevent companies from using color and graphics in their advertising (Commonwealth Brands, Inc., et al. v. United States of America, et al., No. 1:09cv00117, W.D. Ky.; 2009 U.S. Dist. LEXIS 102891; See December 2009, Page 6).
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NEW YORK - Thirteen plaintiffs in a lawsuit brought over the losses of nearly $550 million stemming from the liquidation of two hedge funds were ordered to pay monetary sanctions and will face adverse jury instructions based on their failure to preserve and produce electronic and paper documents, a federal judge in New York ruled Jan. 11 (The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities LLC, et al., No. 05 Civ. 9016, S.D. N.Y.; 2010 U.S. Dist. LEXIS 1839).
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LOS ANGELES — The Second District California Court of Appeal on Jan. 21 reinstated a putative class action seeking reimbursement for the purchase of illegal anabolic steroids from General Nutrition Stores Inc. (GNC), saying that individual consumers’ subjective belief as to the value of the products and knowledge of their illegality are immaterial (Steroid Hormone Product Cases, No. B211968, Calif. App., 2nd Dist., Div. 4).
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BOSTON - A disability insurer’s reliance on surveillance footage of an insured doing activities she said she was unable to do on a functional capacities questionnaire as a basis to terminate benefits is reasonable, the First Circuit U.S. Court of Appeals ruled Jan. 14 (Donna Cusson v. Liberty Life Assurance Company of Boston, et al, No. 08-2831, 1st Cir.; 2010 U.S. App. LEXIS 855).
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NORFOLK, Va. - A federal judge in Virginia on Jan. 6 granted judgment to the defendant in a workplace accident case, concluding that the plaintiff failed to establish that the defendant’s conduct fell below the level of reasonable care and led to an accident that resulted in his left foot being amputated (Justin Gauthreaux v. United States of America, et al., No. 2:08cv387, E.D. Va.; 2010 U.S. Dist. LEXIS 845).
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FORT LAUDERDALE, Fla., Jan. 31, 2010 (GLOBE NEWSWIRE) — The securities law firm of Sonn & Erez PLC (http://www.sonnerez.com) alerts Medical Capital investors that William Galvin, the Secretary of State of Massachusetts, has charged in a civil case that Securities America, Inc. committed securities fraud in the sale of Medical Capital notes, alleging that material risks were not disclosed to investors. In the Matter of Securities America, Docket 2009-0085 (http://www.sec.state.ma.us/sct/sctsa/sa_complaint.pdf).
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