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  January 2012

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NEW YORK – A New York federal judge on Jan. 25 entered a final judgment of $ 9,351,247,965.99 against Al Qaeda and in favor of 23 insurers after adopting a magistrate judge’s finding that the insurers are entitled to treble damages under the Anti-Terrorism Act (ATA) for any claims that they reasonably paid to insureds [...]

SAN FRANCISCO – Because Thorpe Insulation Co.’s Chapter 11 plan of reorganization could harm insurance companies, the plan is not “insurance neutral” and, therefore, the insurers have standing to object to it, the Ninth Circuit U.S. Court of Appeals held Jan. 24 in reversing approval of the plan and remanding the case so the insurers’ [...]

Merck Sharp & Dohme Corp. and plaintiffs’ counsel in four Canadian Vioxx class actions announced Jan. 19 that they have agreed to settle the litigation for up to $ 36.3 million (Mignacca, et al. v. Merck Frosst Canada Ltd, et al., No. 04-CV-045435CP, Ontario Super. Ct. of Justice; Pelletier v. Merck & Co. Inc., et [...]

AUSTIN, Texas – Johnson & Johnson subsidiary Janssen LLP said Jan. 19 that it has agreed to pay $ 158 million to settle claims by Texas that it defrauded the Medicaid program through its off-label promotion of the atypical antipsychotic drug Risperdal (State of Texas, ex rel. Allen Jones v. Janssen LP, No. D-1GV-04-001288, Texas [...]

BROOKLYN, NY – The Zyprexa multidistrict litigation judge on Jan. 12 approved a $ 4.5 million settlement between Eli Lilly and Co. and six third-party payers who had their Racketeer Influenced and Corrupt Organizations (RICO) Act class action vacated and who couldn’t find any other health benefit providers to join their individual suits, the parties [...]

SAN FRANCISCO – A manufacturer may not be held strictly liable or negligent for harm caused by another manufacturer’s asbestos-containing product except where the defendant bears some direct responsibility for the resulting harm, the California Supreme Court held today in rejecting “an unprecedented expansion of strict products liability” (Barbara J. O’Neil, et al. v. Crane [...]

WASHINGTON, D.C. – Because the Credit Repair Organizations Act (CROA) does not specifically state whether claims brought pursuant to the act are eligible for arbitration, the Federal Arbitration Act (FAA) requires an arbitration agreement in a credit card agreement “to be enforced according to its terms,” a split U.S. Supreme Court ruled Jan. 10 (CompuCredit [...]

PHILADELPHIA – A Third Circuit U.S. Court of Appeals panel on Jan. 4 ordered a new trial in an employment discrimination case against United Parcel Service Inc. (UPS) after finding that a federal judge in New Jersey abused his discretion when dismissing the woman’s action as a sanction for her failure to produce original copies [...]

SAN FRANCISCO – In parallel cases filed by the State of Arizona and State of Nevada alleging deceptive loan and foreclosure practices against Bank of America Corp. and its subsidiary Countrywide Financial Corp., the Ninth Circuit U.S. Court of Appeals on Jan. 3 granted Nevada’s petition to appeal a federal judge’s denial of its motion [...]

BOSTON – Shareholders and Deutsche Bank AG (DB) have agreed to resolve all outstanding disputes in a securities lawsuit alleging that DB wrongly invested more than $ 200 million in auction-rate securities, according to a Dec. 19 joint motion to dismiss filed by both parties in Massachusetts federal court (Akamai Technologies, et al. v. Deutsche [...]

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