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Data: Thu, 19 Jun 2008 10:10:20 -0500

Interesting to see a criminal suit being brought against people named in subprime civil suits.  http://www.nytimes.com/2008/06/20/business/20bear.html?_r=1&hp&oref=slogin
Dishonest conduct exclusions will surely be asserted in some of these subprime cases.


Settling without the insurer's consent really can forfeit coverage.  See the recent case from New York's highest court, Vigilant Ins. Co. v. Bear Stearns Cos., 10 NY3d 170 NY Mar. 13, 2008).


My father the chemist taught me that "natural doesn't always mean good."  The Minnesota Court of Appeals took a similar view to hold that the pollution exclusion applied to composting, even though composting is natural.  It's an interesting decision.  Larson v. Composting Concepts, Inc., 2008 Minn. App. Unpub. LEXIS 551 (May 13, 2008).


Add Kansas to the list of states recognizing that distances in time and space distinguish circumstances into multiple occurrences. American Family Mutual Ins. Co. v. Wilkins, No. 98, 2008 Kan. Sup. LEXIS 73 (Mar. 28, 2008). 


A very short class action complaint was filed in New York State Court, Kurtz v. Cayne.  Defendants, Bear Stearns and a group of its directors, are alleged to have violated duties of "Candor" and "loyalty."  See para. 34.   It will be interesting to see how the coverage questions are resolved.


If you predicted that Bear Stearns officers and directors would be sued within “days” of the announced sale to J.P. Morgan you wildly underestimated this conflict. A suit was filed on March 17, 2008, the same day that the J.P. Morgan deal was announced. See Eastside Holdings Inc. v. Bear Stearns Cos., SDNY. Plaintiffs allege that “defendants disseminated or approved … false statements… which they knew … were misleading in that they contained misrepresentations and failed to disclose material facts…. Defendants … employed devices, schemes and artifices to defraud …[and] engaged in acts, practices and a course of business that operated as a fraud or deceit…. See paras. 61-62. You can surely expect the defendants to make D&O claims, and insurers will need to consider their fraud exclusions.


Late notice lives as a significant coverage defense in New York. On March 11, 2008, the Appellate Division entered summary judgment on late notice grounds, reversing the trial court, and rejecting the policyholder’s position that the delay should be excused because the policyholder thought that it was not liable. Donovan v. Empire Ins. Group, 2008 N.Y. Slip Op 2100 (App. Div. 2d Dep’t Mar. 11, 2008).


Policyholders often seek discovery of carriers’ representations to reinsurers. The thinking is that if the carrier took a certain position with its reinsurers it must also take that position with its policyholders. Not so, says the United States District Court for the Southern District of Indiana. Irving Materials, Inc. v. Ohio Cas. Ins. Co., 2008 U.S. Dist. LEXIS 18692 (D. Ind. Mar. 10, 2008). There, the policyholder challenged a multiple-occurrence ruling on the grounds that the carrier had made a single-occurrence argument to its reinsurer. The court, however, ruled that the representations to the reinsurer were not material.


On January 25, 2008, a Southern District of Ohio magistrate found that a reservation of rights letter established an expectation of litigation that supported a work product claim. St. Paul Fire and Marine Insurance Co. v. ConAgra Foods, Inc., 2008 U.S. Dist. LEXIS 8945 (S.D. Ohio Jan. 25, 2008). This decision will be welcomed by Insurers seeking work product protection. But, insurers should also expect that this shield will be the policyholders' sword. Policyholders will surely be arguing that reservation of rights letters trigger an expectation of litigation that requires a litigation hold. The developments in this area will be interesting to watch.


The Arizona Supreme Court handed down an interesting number of occurrences decision last week. Employers Mut. Cas. Co. v. DGG & CAR, Inc., 2008 Ariz. LEXIS 20 (Feb. 14, 2008). The court found multiple thefts to constitute a single occurrence. The decision, however, was shaped by language peculiar to the fidelity insurance policy: an Occurrence means “all loss caused by, or involving, one or more ‘employees,’ whether the result of a single act or series of acts.” It was also interesting to note the rule of interpretation that the court followed: “In interpreting an insurance policy, we apply ‘a rule of common sense’ thus, ‘when a question of interpretation arises, we are not compelled in every case of apparent ambiguity to blindly follow the interpretation least favorable to the insurer.’"  Can’t argue with common sense, right? Wrong, I expect policyholder advocates to criticize the common sense rule sharply.


Identifying the next emerging issue is often difficult, but recent actuarial reports indicate that the subprime mortgage crisis will surely develop into an insurance coverage issue. 

In January of 2008, Bear Sterns estimated that D&O insurers may face $9 billion in claims-related costs. To avoid the hype that often surrounds new insurance issues —remember the doomsday forecasts concerning Y2K— compare the subprime projection to other recent insurance issues. The $9 billion for subprime suits roughly matches the World Trade Center reconstruction cost. Insurers’ payments following Katrina and Rita were about $28 billion. On asbestos liability, it is estimated that insurers will ultimately suffer a total liability of $65 billion. The subprime crisis, therefore, appears to be significantly smaller than long-term insurance problems , but the subprime crisis is comparable to other recent discrete catastrophes, and certainly the subprime crisis is large enough to consider the coverage issues.

To identify these coverage issues, it is useful to note the types of suits being filed. Thus far, we have seen: borrower lawsuits against lenders (allegedly, loan did not fit needs or loan officer received the financial rewards for steering them towards loans with higher rates, and hidden fees and costs); borrower lawsuits against investment banks for providing financial backing to aggressive lenders despite questionable business practices; lender lawsuits against banks; shareholder suits against lenders; individual investor lawsuits; and regulators’ suits against lenders.

The common thread is that the suits generally allege some form of dishonest conduct, and this allegation creates the likely key coverage issue: fraud.

D&O policies generally exclude coverage for acts that are fraudulent. Although the policies are consistent in the concept of excluding fraud, the policies vary in the language for excluding fraud. 

A common exclusion bars coverage “for any deliberately fraudulent act or omission or any willful violation of any statute or regulation if a judgment or other final adjudication adverse to such Insured Person establishes that such Insured Person committed such an act, omission, or willful violation….” (italics added) This exclusion requires more than fraud allegations. Fraud, in this form, must be “established” by a “judgment or other final adjudication.” 

Other policies set the evidentiary bar lower, and coverage is barred for conduct that is fraudulent “in fact.” This language is friendlier to insurers. The “in fact” fraud exclusion does not require a final adjudication. But the application of the “in fact” exclusion is also more likely to be disputed; “final adjudication” is a brighter line than “in fact.” This is not to suggest, however, that the “final adjudication” provision will never be disputed; parties might dispute what is “final” or even what is “adjudicated.”

Dishonesty can raise coverage issues besides the fraud exclusion. For example, some policies include “personal profit” exclusions. Coverage is barred for claims “based upon, arising out of, or attributable to such Insured Person gaining in fact any personal profit … to which such Insured Person was not legally entitled.” (Italics added.) Some subprime suits will surely involve claims that the officers and directors made profits to which they were not entitled. This provision has been implicated in other recent corporate governance scandals (e.g., the personal profit exclusion was applied to Dennis Kozlowski’s claims concerning his compensation from Tyco).

 Ultimately, based on the reports now being received the subprime mortgage crisis will be a significant insurance issue, with significant coverage issues. 


$9 Billion.  That is the new Bear, Stearns estimate of directors and officers losses arising from the subprime crisis.  Bear, Stearns was tripling their estimate from this past September.  Can there be any doubt that subprimes are the next huge issue for insurers?


The January 15 Wall St. J. reported that a little-known hedge fund manager made $3 to $4 BILLION-- for himself-- by recognizing the problems in the subprime markets and other "bubble" issues.  The economists tell us that where there's winners there's also losers; another reason to expect suits and claims here.  I'm looking at policies now with my thoughts on subprimes.


All roads-- at least all liability roads-- lead to insurance, and soon we'll be seeing the subprime crisis lead to insurance.  It's been reported that the subprime issues has led to more than $170 billion in balance sheet writedowns.  We now reportedly have 113 lawsuits concerning these writedowns.  Can E&O and D&O claims be far behind?  Claims departments should begin considering these issues, if they have not done so already.


The Supreme Court of Texas held last week that a late notice defense requires a showing of prejudice. PAJ, Inc. v. Hanover Insurance Co., 2008 Tex. LEXIS 8 (Tex. Jan. 11, 2008).


Looking at today’s (1/9/08) Mealey’s Emerging Insurance Disputes, I again see coverage disputes concerning shootings and other assaults. Is it me or have these coverage disputes become more frequent recently? You would think that incidents of severe and intentional violence would be beyond any view of insurance. But, apparently insureds are seeking coverage for these incidents.


Add the Montana Supreme Court to the list of courts recognizing that the term “pollutant” must be given a broad meaning. The court recognized that diesel fuel is a pollutant within the meaning of the pollution exclusion. Montana Petroleum Tank Release Compensation Board v. Crumleys, Inc., 2008 MT 2, 2008 Mont. LEXIS 4 (Jan. 3, 2008).


Happy Thanksgiving.  Just as Thanksgiving is the sign that the winter holidays are upon us, insurance coverage articles are the sign that a new liability issue is upon us.  So, it was interesting to see Jerry Oshinsky's article entitled "Insurance Coverage for Subprime Lending Losses, Litigation, and Investigations."  Mr. Oshinsky notes that "insurance companies will be reviewing fraud allegations closely."  I agree.  I suspect that we will not agree as to the extent that such exclusions will apply.  I see fraud as a large component of this crisis.  Fraud exclusions will often apply to these claims.


Last week the Sixth Circuit weighed in on the pollution exclusion.  Mueller Copper Tube Products, Inc. v. Pennsylvania Manufacturers' Assoc. Insurance Co., 2007 U.S. App. Lexis 26629 (6th Cir. 11/13/07).  The court found that "sudden and accidental" means abrupt and unexpected.  It's amazing that this fight still goes on.


I was interested to read that an insurer is now suing Mississippi AG Hood. While Katrina homeowners suffered terrible losses, some of the tactics used against insurers post Katrina just were not right. I am curious to see how this suit ends.


SAN JOSE, Calif. - A California jury on June 6 awarded more than $6 million to the parents of a man who died after being Tasered by five City of Salinas, Calif., police officers (Betty Lou Heston, et al. v. City of Salinas, et al., No. 5:05-cv-3658, N.D. Calif.). Full story on lexis.com

BALTIMORE - A man who claims that a dietary supplement caused him serious health issues filed a federal complaint on June 5, seeking more than $6 million in damages (Steve Francischetti v. Nutrition Distribution LLC, Designer Supplements Inc. and Netnutri.com, No. 1:08-cv-1457, D. Md.). Full story on lexis.com

ST. LOUIS - Finding that no unusual circumstances exist in a personal injury case, a Missouri judge ruled June 10 that the plaintiff has no right to recover for his attorney fees (William Gannon, as next friend for W.G. v. Yamaha Motor Corp., No. 07-1845, E.D. Mo., 2008 U.S. Dist. LEXIS 45419). Full story on lexis.com

NEWARK, N.J. - A sports equipment manufacturer removed a Little Leaguer's personal injury action to federal court on June 13, citing diversity of citizenship between the parties and the amount in controversy exceeding $75,000 (Steven Domalewski, a minor, by and through his mother and guardian Nancy Domalewski and Joseph Domalewski, his father, individually v. Hillerich and Bradsby Co. d/b/a Louisville Slugger et al., No. 2:08-cv-2975, D. N.J.). Full story on lexis.com

CENTRAL ISLIP, NY - A New York woman filed a federal complaint on May 29, alleging that she was seriously injured by a defectively designed candle (Yolanda Monserrat v. The Hershey Co., Hershey's Chocolate Memories and Mostly Memories Inc., No. 2:08-cv-2169, E.D. N.Y.). Full story on lexis.com

SEATTLE - Plaintiffs in putative class actions pending in the Northern District of Illinois, the Western District of Missouri and the Western District of Arkansas asked the Judicial Panel on Multidistrict Litigation on May 20 to consolidate the 13 known polycarbonate bisphenol-A plastic bottle products liability cases in the Northern District of Illinois (In re: Bisphenol-A Tainted Polycarbonate Plastic Litigation, No. 08-693, JPMDL). Full story on lexis.com

ALEXANDRIA, Va. - International Bottled Water Association said May 8 that polycarbonate bisphenol A bottles pose no health risk and meet or exceed U.S. Food and Drug Administration requirements for food containers. Full story on lexis.com

KNOXVILLE, Tenn. - A federal judge granted a home improvement store's motion in limine on June 5, excluding an expert expected to verify that a chemical spill caused a man's injuries (David L. Best v. Lowe's Home Centers Inc., No. 04-294, E.D. Tenn., 2008 U.S. Dist. LEXIS 45175). Full story on lexis.com

NASHVILLE, Tenn. - Depending on witness testimony that a dangerous condition existed at a supermarket named as the defendant in a slip-and-fall case, a judge denied the defendant summary judgment on June 4 (Maudie Mae Palmer and Charles W. Palmer v. Aldi Inc., No. 07-596, M.D. Tenn., 2008 U.S. Dist. LEXIS 44296). Full story on lexis.com

MIAMI - A Florida woman filed a federal complaint on June 3, alleging that she was injured in a slip-and-fall accident on a cruise ship (Bette Clem v. Carnival Cruise Lines, No. 1-08-cv-21580, S.D. Fla.). Full story on lexis.com

LAKE CHARLES, La. - A Louisiana appeals court on May 28 affirmed a premises liability decision in favor of a municipality, ruling that an alleged defect in a city sidewalk posed no risk of harm to pedestrians (Mary Godwin v. City of Alexandria, No. 07-1576, La. App., 3rd Cir., 2008 La. App. Unpub. LEXIS 265). Full story on lexis.com

TRENTON - The New Jersey Department of Health and Senior Services (NJDHSS) on June 3 sent a letter to the U.S. Consumer Protection Safety Commission (CPSC) telling the agency that the potential for lead poisoning from playing on synthetic turf athletic fields is "plausible" and that there is sufficient reason for concern. Full story on lexis.com

TALLAHASSEE, Fla. - A Florida appeals court on June 10 affirmed the dismissal of a case seeking damages for the death of a disabled man, ruling that medical negligence cannot be prosecuted under a state protective act (Susan Rachel Bohannon, as personal representative of the estate of Scott Allen Gould, deceased v. Shands Teaching Hospital and Clinics Inc., No. 1D06-6594, Fla. App., 1st Dist., 2008 Fla. App. LEXIS 8286). Full story on lexis.com

ATLANTA - A Georgia appeals court on June 5 affirmed a summary judgment decision granted to a surgeon, ruling that the plaintiff failed to prove that an additional procedure that the doctor performed wasn't medically necessary ( Sandra Long v. Dr. Radha Srinivasan Natarajan, No. A08A0040, Ga. App., 2008 Ga. App. LEXIS 653). Full story on lexis.com

RICHMOND, Va. - The Virginia Supreme Court reversed and remanded a medical malpractice decision on June 6, ruling that the trial court judge gave the jury improper instructions (Tameika Williams, administrator and personal representative of the estate of Tawanda Williams, deceased v. Cong Le M.D., No. 071409, Va. Sup., 2008 Va. LEXIS 71). Full story on lexis.com

CARSON CITY, Nev. - The Nevada Supreme Court on May 8 reversed a district court's order granting judicial review to a workers' compensation claim, ruling that questions exist whether the employee's injury arose out of and in the course of his employment ( Bob Allyn Masonry and S&C Claims Services Inc. v. David Murphy, No. 48041, Nev. Sup., 2008 Nev. LEXIS 29). Full story on lexis.com

Case name: Bassam Masarweh v. Hobart Corp. Case number: 06-00604 Court: E.D. Calif. Judge: Lawrence J. O'Neill Full story on lexis.com

Case name: Only Quinn v. The United States Department of the Navy and American Casualty Company of Reading, Pennsylvania v. United States Department of the Navy Full story on lexis.com

NEW ORLEANS - A trial court's award of punitive damages in a drunken driving case was supported by the evidence, a Louisiana appeals court ruled May 28, but the amount of the award was excessive (Lucas Byous v. Clyde Ebanks, State Farm Fire and Casualty Insurance Co. and Allstate Insurance Co., No. 2007-CA-1534, La. App., 4th Cir.; 2008 La. App. Unpub. LEXIS 282). Full story on lexis.com

By John M. Williams and Robert E. Steele [Editor's Note: John M. Williams has been involved in the insurance industry since 1996 handling tens of thousands of workers' compensation and liability cases for insurers, plaintiff attorneys and defense counsel. He joined Gould & Lamb in 2001 and assumed the role of chief executive officer in 2003. Today, Gould & Lamb (www.gouldandlamb.com) is the most experienced provider of Medicare set-aside (MSA) services in the United States, preparing more than 40,000 MSA settlements since 2002. Mr. Williams is a board member of the National Alliance of Medicare Set-Aside Professionals, a certified instructor for the Department of Insurance and a member of the National Structured Settlement Trade Association, among others. He is a nationally recognized speaker and a published author regarding Medicare Secondary Payer (MSP) compliance. Mr. Williams has developed national liability MSP compliance programs for a number of prominent insurers and can be reached at 866-672-3453 or john.williams@gouldandlamb.com. Robert "Bobby" E. Steele is the president of AIG American General Structured Settlements, based in Amarillo, Texas. Mr. Steele has been with the company for 34 years and with the company's structured settlement division since its inception 30 years ago. A graduate of West Texas State University with a both a bachelor's and master's degree in Mathematics, Mr. Steele is a fellow of the Life Management Institute and has previously served on the board of directors for the National Structured Settlements Trade Association. He can be reached at bsteele@aigannuity.com.] Full story on lexis.com

Case name: Estate of Olivia Contreras, by and through Leobardo Estrada, et al. v. Ford Motor Co. Case number: 07-1236 Full story on lexis.com

STATESBORO, Ga. - A federal judge dismissed a man's defective air bag case against Ford Motor Co. on May 21 after the plaintiff told the court that he could not pay costs associated with an earlier complaint involving the same accident (Gregory Wayne Parrish v. Ford Motor Co., No. 07-071, S.D. Ga.; 2008 U.S. Dist. LEXIS 40691). Full story on lexis.com

Case name: Laura Crann v. United States of America Case number: 07-2167 Court: S.D. Calif. Judge: Dana M. Sabraw Full story on lexis.com

MONTGOMERY, Ala. - A federal judge on May 22 remanded a fatal auto accident case to an Alabama state court, ruling that the defendant failed to establish that the amount in controversy exceeds $75,000 (Daniel Siniard, Administrator of the Estate of Deborah S. Siniard deceased v. Ford Motor Co. and Jim Sloan Ford Inc., No. 2:08-cv-14, M.D. Ala.; 2008 U.S. Dist. LEXIS 40711). Full story on lexis.com

WASHINGTON, D.C. - A federal judge on May 28 approved a proposed $1.5 million agreement to settle claims that Allstate Insurance Co. intentionally delayed payment of claims to policyholders who had retained counsel (Eunice Wells, et al. v. Allstate Insurance Co., et al., No. 00-0760, D. D.C.; 2008 U.S. Dist. LEXIS 41348). Full story on lexis.com

MARSHALL, Texas - A Texas couple who sued a toy manufacturer and retailer, claiming that their young son became ill after he ingested small beads included in an arts and crafts toy kit, dismissed the retailer from the action on May 20 (Eddie Gerrald Jr. and Summer Gerrald, individually and as next friends of Tristen Gerrald v. Spin Master Inc. and Target Corp., No. 2:08-cv-148, E.D. Texas, See 4/14/08, Page 11). Full story on lexis.com

ALBANY, NY - A New York appellate panel upheld summary judgment in a defective steak sauce bottle action on May 22, finding that the plaintiffs failed to raise an issue of fact for their claims of negligent design and manufacturing (Kevin Preston and Lucy Preston v. Peter Luger Enterprises Inc., No. 503849, N.Y. Sup., App. Div., 3rd Dept.; 2008 N.Y. App. Div. LEXIS 4354). Full story on lexis.com

HARTFORD, Conn. - A manufacturer of plastic baby bottles was accused May 19 of producing a product containing a chemical linked to health problems (Ashley Campbell, on behalf of herself and all similarly situated persons v. Playtex Products Inc., No. 3:08-cv-0763, D. Conn.). Full story on lexis.com

MILWAUKEE - An industrial designer's testimony about how an improperly installed rivet caused a ladder to fail was reliable and properly admitted, a federal judge held May 5 in denying post-trial motions to the ladder's manufacturer (Kevin Schmude v. Tricam Industries, Inc., et al., No. 07-C-457, E.D. Wis.; 2008 U.S. Dist. LEXIS 36688). Full story on lexis.com

BUFFALO, NY - A pair of defendants identified as ramp manufacturers removed a personal injury action to a federal court in New York on May 23, citing diversity of citizenship between the parties and the amount in controversy exceeding $75,000 (Kevin Schubert v. Wal-Mart Stores Inc. D/B/A Sam's Club, et al., No. 1:08-cv-382, W.D. N.Y.). Full story on lexis.com

INDIANAPOLIS - The plaintiffs in a defective children's product case filed an amended complaint on May 27, adding a failure to warn claim to the action (S.R., a minor by next friends and parents R.R. and A.R., individually and A.R., individually v. Graco Children's Products Inc., Target Corp. and Tollytots International, No. 1:08-cv-485, S.D. Ind.; See 4/28/08, Page 7). Full story on lexis.com

PHILADELPHIA - A federal judge granted summary judgment to the owner of a shopping mall and janitorial service on May 23, ruling that the plaintiffs failed to demonstrate that the defendants had constructive notice of a soda spill blamed for causing a slip-and-fall injury (Christine Craig and James Craig v. Franklin Mills Associates L.P. et al., No. 06-5503, E.D. Pa.; 2008 U.S. Dist. LEXIS 41972). Full story on lexis.com

BROOKLYN, NY - A home improvement retailer removed a personal injury action to federal court on May 27, citing diversity of citizenship between the parties and the amount in controversy exceeding $75,000 (Lorraine Parquet v. Home Depot U.S.A. Inc. et al., No. 2:08-cv-2125, E.D. N.Y.). Full story on lexis.com

NEW ORLEANS - A Louisiana appellate panel on March 19 affirmed summary judgment in a premises liability action, ruling that the defendants were not responsible for the area where the alleged injury occurred (Brian Hammond and Ashlee Hammond v. Plaquemines Parish, River Rental Tools Inc., Gulf Insurance Group and Marie C. Amedee, No. 2007-CA-0782, La. App., 4th Cir.; 2008 La. App. LEXIS 464). Full story on lexis.com

TUSCALOOSA, Ala. - A food service company named as the defendant in a premises liability action removed the case to federal court on May 29, citing diversity of citizenship between the parties and the amount in controversy exceeding $75,000 (Judy S. Evans and George Evans v. Aramark Campus Services Inc., No. 7:08-cv-939, N.D. Ala.). Full story on lexis.com

SPRINGFIELD, Ill. - An Illinois judge granted summary judgment to a bank in a slip-and-fall case on May 23, ruling that the defendant had no duty to remove snow and ice from its walkway (Thomas Keim v. Union Planters Bank, No. 07-3065, C.D. Ill.; 2008 U.S. Dist. LEXIS 41759). Full story on lexis.com

Case name: Valencia Bible v. Rio Properties Inc. Case number: 07-0366 Court: C.D. Calif. Judge: Rosalyn M. Chapman Full story on lexis.com

CHARLESTON, W.Va. - The West Virginia Supreme Court of Appeals affirmed a state court decision on May 28, agreeing that the medical malpractice action was barred by the statute of limitations (R. Brooks Legg Jr. D.D.S. v. Richard C. Rashid M.D., No. 33521, W.Va. App.; 2008 W.Va. LEXIS 38). Full story on lexis.com

INDIANAPOLIS - An Indiana appellate court on May 8 affirmed a lower court decision in a laser hair removal personal injury case, ruling that a doctor-patient relationship must exist to establish a medical malpractice action (Ob-Gyn Associates of Northern Indiana P.C. v. Tammy Ransbottom, No. 71A03-0711-CV-503, Ind. App.; 2008 Ind. App. LEXIS 964). Full story on lexis.com

Case name: Lori Brown v. United States of America Case number: 06-6782 Court: C.D. Calif. Judge: Philip S. Gutierrez Full story on lexis.com

Case name: Sandra Sandoval v. St. John's Regional Center, et al. Case number: 06-3769 Court: C.D. Calif. Full story on lexis.com

JACKSON, Miss. - The Mississippi Court of Appeals on May 20 upheld summary judgment granted to a farm in a workplace injury case, agreeing that the plaintiff's accident was the result of his own negligence (Robert Lee Jackson v. Murphy Farm and Ranch Inc., No. 2007-CA-00457, Miss. App.; 2008 Miss. App. LEXIS 306). Full story on lexis.com

Case name: Christina Vasquez, et al. v. Conoco Phillips Co., et al. Case number: 06-7828 Court: C.D. Calif. Full story on lexis.com

Case name: Priscilla Contreras v. State of California, Department of Transportation Case number: BC365948 Full story on lexis.com

COLUMBUS, Ohio - An Ohio appeals court panel on April 29 reversed a jury's award of $250,000 in punitive damages against a trucking company whose driver was involved in a fatal accident (The Estate of Robert L. Beavers, Jr., etc. v. William E. Knapp, et al., No. 07AP-612, Ohio App., 10th Dist., Franklin Co.; 2008 Ohio App. LEXIS 1726). Full story on lexis.com

Case name: Brooke Buchanan v. Scott R. Vanover Case number: 07CC04090 Court: Calif. Super., Orange Co. Full story on lexis.com

PORT HURON, Mich. - A federal judge denied a trucking company summary judgment on May 14, citing the existence of questions of whether the plaintiff's injuries were the result of a car accident (Jacki Benner v. Kaplan Trucking Co., No. 07-10788, E.D. Mich.; 2008 U.S. Dist. LEXIS 38994). Full story on lexis.com

Case name: Monique Guerrero, et al. v. General Motors Corp., et al. Case number: 06-1539 Court: E.D. Calif. Full story on lexis.com

NEW ORLEANS - A motorcycle manufacturer removed a wrongful death case to federal court on May 15, based on diversity of citizenship between the parties and the amount in controversy exceeding $75,000 (Shantel Moneck Strickling v. Suzuki of America Automotive Corp., No. 2:08-cv-3439, E.D. La.). Full story on lexis.com

CHICAGO - An Illinois state court judge on May 5 approved a preliminary settlement between parents who purchased Thomas & Friends wooden train toys that were contaminated with lead and the manufacturer, RC2 Corp., which could be worth $30 million (Byron Barrett et al. v. RC2 Corp., No. 2007 CH 20924, Ill. Cir., Cook Co.). Full story on lexis.com

ATLANTA - A woman who maintains that a defective juice bottle caused her serious and permanent eye injuries dismissed her claims with prejudice on April 29 after an undisclosed settlement with the defendant (Cherrie Paige Lee v. Nestle USA Inc., No. 1:08-cv-78, N.D. Ga.). Full story on lexis.com

CORPUS CHRISTI, Texas - A Texas judge denied a Chinese manufacturer's motion to dismiss on May 15, ruling that the company produced goods to be sold to American consumers and must face product liability claims filed against it in the United States (Roger Tiemann and Donna Tiemann v. Swan Plastic Products Ltd., No. 07-311, S.D. Texas; 2008 U.S. Dist. LEXIS 39582). Full story on lexis.com

LITTLE ROCK, Ark. - Manufacturers of polycarbonate plastic bottles have been hit with product liability class actions accusing them of producing a product that contains a potentially dangerous chemical that can be ingested by consumers (Dale Raggio, on behalf of himself and all other similarly situated persons v. Gerber Products Company, No. 4:08-cv-0403, E.D. Ark., Western Div.).? Full story on lexis.com

CINCINNATI - An engineer who opined that a steering column seal was defective without conducting any testing properly was excluded, a Sixth Circuit U.S. Court of Appeals panel held May 8 (David Early, et al. v. Toyota Motor Corp., et al., No. 07-5734, 6th Cir.; 2008 U.S. App. LEXIS 10383). Full story on lexis.com

CANTON, Ohio - An Ohio appeals court on April 7 affirmed a $52 million award, including $18 million in punitive damages, as part of a personal injury action filed against a private security firm (Joshua J. Doepker v. Willo Security Inc., et al., No. 2007 CA 00184, Ohio App., 5th Dist.; 2008 Ohio App. LEXIS 1711). Full story on lexis.com

BOISE, Idaho - The Idaho Supreme Court on May 7 upheld summary judgment in favor of a municipality in a premises liability action, agreeing with the trial court that the plaintiff failed to prove that a dangerous condition was caused by the defendant's negligence (Vickie Hansen v. City of Pocatello, No. 34277, Idaho Sup.; 2008 Ida. LEXIS 92). Full story on lexis.com

ROCHESTER, NY - A woman identified as the owner of a German shepherd that allegedly injured a park visitor was dismissed from a personal injury action on May 1 after the plaintiff failed to object to her assertion that the animal did not belong to her (Laurie J. Jetter v. Katherine J. Mayberry-Hall, Charles Hall and Ramona Santorelli, No. 05/8362, N.Y. Sup.; 2008 N.Y. Misc. LEXIS 2672). Full story on lexis.com

SAN JOSE, Calif. - A California appellate court on May 8 upheld summary judgment granted to a retailer and property owner, finding that the plaintiff failed to present them with appealable issues (Wei Pan v. Safeway Stores Inc. and Argonaut Shopping Center, No. H031273, Calif. App., 6th App. Dist.; 2008 Cal. App. Unpub. LEXIS 3790). Full story on lexis.com

WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission (CPSC) issued a new report on May 21 that indicates that the average number of drowning deaths involving children younger than 5 in pools and spas has increased from a yearly average of 267 for 2002-2004 to 283 for 2003-2005. Full story on lexis.com

PHILADELPHIA - The son of a man who died after a knee replacement procedure has adequately pleaded his punitive damages claim against a hospital in a malpractice case, with two exceptions, a federal magistrate judge ruled April 17 (Robert Stroud, individually and as administrator of the Estate of James H. Stroud, deceased, v. Abington Memorial Hospital, et al., No. 06-4840, E.D. Pa.; 2008 U.S. Dist. LEXIS 31674). Full story on lexis.com

LAKE CHARLES, La. - Finding that a plaintiff alleging medical malpractice provided an unclear assessment of how she was damaged, a panel of Louisiana appellate judges affirmed judgment in favor of a doctor and his insurer on March 5 (Chanda Hester v. John T. Ning M.D. et al., No. 07-1205, La. App., 3rd Cir.; 2008 La. App. LEXIS 288). Full story on lexis.com

HARRISBURG, Pa. - A wrongful death action against an electric company and several companies performing work on electric lines does not support a claim for punitive damages under Pennsylvania law, a federal judge ruled April 28 (Debra A. Woodruff, administratrix of the estate of Jonathan A. Woodruff and Debra Woodruff individually v. Sullivan County Rural Electric Cooperative Inc., et al., No. 3:07-cv-1697, M.D. Pa.; 2008 U.S. Dist. LEXIS 34493). Full story on lexis.com

CAMDEN, N.J. - A printing equipment manufacturer removed a workplace accident case to federal court on May 12, citing diversity of citizenship and the amount in controversy exceeding $75,000 (William Bahm v. Muller Martini Corp., No. 1:08-cv-2306, D. N.J.). Full story on lexis.com

Case name: Hector Pachamango v. M/V Sea Quest Inc., et al. Case number: 07-0216 Court: S.D. Calif. Full story on lexis.com

OKLAHOMA CITY - The defendants in a defective welding product case removed a couple's complaint to federal court on May 12 based on diversity of citizenship between the parties and the amount in controversy exceeding $75,000 (Stevie L. Dehart Jr. and Teresa Dehart v. Brilliant Abrasives Inc. et al., No. 5:08-cv-499, W.D. Okla.). Full story on lexis.com

Case name: Renato Solomon v. Andrea C. Fishing Corp. Case number: 06-0484 Court: S.D. Calif. Judge: William Q. Hayes Full story on lexis.com

SACRAMENTO, Calif. - A federal judge on May 9 again denied a forklift manufacturer's motion for partial summary judgment on the issue of punitive damages in a workplace accident action, contending that it has not presented any new evidence to make him reconsider his previous decision (Cynthia Mahon and Gary Markley v. Crown Equipment Corp., No. 2:03-cv-01763, E.D. Calif.; 2008 U.S. Dist. LEXIS 38232). Full story on lexis.com

INDIANAPOLIS - An engineering expert's opinion that a skid loader had three defects was based on his experience and was not subject to a Daubert analysis, an Indiana Court of Appeals panel held May 16 (Wesley H. Fueger, et al. v. Case Corp., et al., No. 74A04-0712-CV-683, Ind. App.; 2008 Ind. App. LEXIS 1023). Full story on lexis.com


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