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September 3, 2010
CHICAGO - Insurers have a duty to defend their insured against environmental contamination cleanup claims because the allegations against the insured indicate the potential of environmental contamination through releases of hazardous substances, an Illinois federal judge said Aug. 19 (United States of America v. James W. Clark, et al., No. 08-4158, N.D. Ill.; 2010 U.S. Dist. LEXIS 85775).
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CLEVELAND - A drug manufacturer may not assert the learned intermediary as a defense when it has not warned of the injury asserted, a plaintiff who alleges that Remicade caused noninfectious interstitial lung disease (NILS) says in a July 30 brief in Ohio federal court opposing dismissal (Anthony DeGidio v. Centocor, Inc., et al., No. 3:09-cv-721, N.D. Ohio.; See July 2009, Page 10).
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PHILADELPHIA - A panel of the Third Circuit U.S. Court of Appeals on Aug. 24 reversed a district court’s finding in favor of medical monitoring for a minor plaintiff who allegedly was injured by an experimental heart stent, holding that even if Delaware law would allow medical monitoring, the plaintiffs have failed to establish the elements necessary for a standard medical monitoring claim (M.G., et al. v. A.I. Dupont Hospital for Children, et al., No. 09-1426, 3rd Cir.).
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TRENTON, N.J. - A judge properly concluded that a woman’s claims that she contracted mesothelioma from exposure to asbestos on her husband’s clothing could proceed against his employer, a New Jersey appeals court held Aug. 20. State law bars the company from seeking an apportionment of liability between her bystander exposure and any alleged exposure occurring while she worked at the company, the court held (Bonnie Anderson and John R. Anderson v. A.J. Friedman Supply Co., et al., No. A-5892-07T1, N.J. Super., App. Div.; See 6/18/08, Page 4).
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LOS ANGELES - A doctor is entitled to a defense only if, during the policy period, a claim was made against the doctor and the doctor or the hospital reported it to the insurer, a California appeals panel held July 28, affirming a lower court’s ruling that the insurer had no duty to defend or indemnify the doctor against an underlying medical malpractice lawsuit stemming from a spine operation (Beta Healthcare Group Risk Management Authority v. Norcal Mutual Insurance Co., No. B216295, Calif. App., 2nd Dist., Div. 2; 2010 Cal. App. Unpub. LEXIS 5942).
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ST. LOUIS - A panel of the Eighth Circuit U.S. Court of Appeals affirmed denial of class certification to a complaint over fixed deferred retirement annuities on Aug. 12, finding that the plaintiffs’ claims did not meet the predominance requirements for a class action (Jacqueline Avritt, et al. v. Reliastar Life Insurance Co., No. 09-2843, 8th Cir.; 2010 U.S. App. LEXIS 16700; See 3/12/09, Page 19).
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Case: Charles Stafford v. Scottsdale Insurance Co., No. 10-1397, 3rd Cir. Appellant’s brief: Filed May 17 by Charles StaffordBrief available 50-100826-024B
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HOUSTON - A Fifth Circuit U.S. Court of Appeals panel heard oral arguments on Aug. 3 in a silicosis attorney’s bid to have the fraud indictment against him tossed on double jeopardy grounds after the jury deadlocked at trial (United States v. Warren Todd Hoeffner, et al., No. 09-20781, 5th Cir.; See March 2010, Page 6).
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PENSACOLA, Fla. - Owners of Florida beachfront property on July 30 filed a class action lawsuit in Florida federal court seeking damages as a result of the Gulf of Mexico oil spill (Michelle West, et al. v. BP PLC, et al., No. 10-cv-274, N.D. Fla.).
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LOUISVILLE, Ky. - Bank of America Corp. has agreed to provide credit monitoring, reimbursement of identity theft losses and out-of-pocket expenses and incentive awards in a settlement approved by a Kentucky federal judge on Aug. 23, bringing to an end a class action filed against Countrywide Financial Corp. mortgage unit over data theft (In Re: Countrywide Financial Corp. Customer Data Security Breach Litigation, No. 08-1998, W.D. Ky.).
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