Jun
29
CORPUS CHRISTI, Texas – A manicurist does not need to be a licensed cosmetologist to testify about standards for managing a hair salon, a 13th District Texas Court of Appeals panel held May 26 in affirming a negligence verdict for a woman who had a severe reaction to hair dye (J.C. Penney Corp. v. Yolanda [...]
Jun
26
NEW ORLEANS – Label-related claims brought by the widow of a mechanic who alleges that his death from multiple myeloma was caused by exposure to solvents including benzene fail as a matter of law or are preempted by Federal Hazardous Substances Act (FHSA), a Louisiana federal judge said in a June 3 opinion, but other [...]
Jun
23
International Organization Says Canada Must Uphold Strictest Asbestos Standards
June 23, 2011 | Leave a Comment
GENEVA – The International Labour Organisation (ILO) on June 13 issued a decision that requires that the Canadian government uphold the strictest standards in relation to the health of workers and asbestos (Asbestos Convention, 1986 [No. 162]). Full story on lexis.com LexisNexis® Mealey’s™ Legal News
Jun
20
Policy’s Discovery Clause Bars Coverage For $5.8M In Theft Losses, Panel Affirms
June 20, 2011 | Leave a Comment
PHILADELPHIA – A commercial crime insurance policy’s discovery clause precluded coverage for an ATM service provider insured’s $ 5.8 million losses stemming from alleged theft by an armored car company because the losses occurred after the insured discovered prior losses caused by the company, the Third Circuit U.S. Court of Appeals held June 9 (Diebold [...]
Jun
17
Pennsylvania Jury Returns $1.2M Asbestos Verdict For Man’s Shortness Of Breath
June 17, 2011 | Leave a Comment
PHILADELPHIA – A Pennsylvania jury on June 3 held John Crane Inc. solely liable after awarding $ 1.2 million to a man suffering from shortness of breath caused by exposure to asbestos (Richard Nybeck v. John Crane, No. 010404652, Pa. Comm. Pls., Philadelphia Co.). Full story on lexis.com LexisNexis® Mealey’s™ Legal News
Jun
14
9th Circuit Finds Calif. Diesel Rules Not Preempted By Clean Air Act
June 14, 2011 | Leave a Comment
SAN FRANCISCO – Three rules adopted by the Monterey Bay Unified Air Pollution Control District in May 2007 requiring owners and operators of diesel engines to register the engines and pay fees for them are not preempted by the federal Clean Air Act (CAA), the Ninth Circuit U.S. Court of Appeals held May 27 in [...]
Jun
8
119 Motions To Quash, Dismiss By Alleged File Sharers Denied In ‘Hurt Locker’ Case
June 8, 2011 | Leave a Comment
WASHINGTON, D.C. – A District of Columbia federal judge on May 12 denied motions to quash discovery and to dismiss copyright infringement claims by 119 putative Doe defendants in a case concerning claims involving illegal online sharing and duplication of the film “The Hurt Locker” (Voltage Pictures LLC v. Does 1-5,000, No. 1:10-cv-00873, D. D.C.). [...]
Jun
5
Panel: Coverage Exists For Erroneous Transfer Of Trust Funds To Third Party
June 5, 2011 | Leave a Comment
ATLANTA – A professional liability insurance policy provides coverage for losses stemming from an insured’s erroneous transfer of client funds from its trust account, the 11th Circuit U.S. Court of Appeals held May 27, reversing and remanding a lower court’s summary judgment ruling in favor of the insurer (Nardella Chong P.A. v. Medmarc Casualty Insurance [...]
Jun
2
Insured Was Not Required To Submit To Appraisal Before Filing Suit, Panel Rules
June 2, 2011 | Leave a Comment
SAN JOSE, Calif. – An insured was not required to submit to an appraisal process prior to seeking declaratory relief as to the legality of the insurer’s policies surrounding that process, a California appeals panel ruled May 24, reversing a lower court’s grant of demurrer to the insurer (The Doan v. State Farm General Insurance [...]