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| News CPSC Recalls [04/04] Hobby-Lobby Int'l Recalls Battery Chargers Used with Helicopters Due to Fire Hazard [04/09] Fire Alarm Control Panel Recalled By Gamewell FCI Due to Alert Failure [04/03] Goodman Manufacturing Co. Recalls Heating and Cooling Units Due to Fire Hazard [04/08] Wal-Mart Recalls Charm Key Chains Due to Risk of Lead Exposure [04/06] Push Toys Recalled by Santa's Toy Corp. Due to Violation of Lead Paint Standard More... Insurance [07/02] UnitedHealth cuts 4,000 jobs and 2008 outlook [06/26] Fidelity: $85k needed for long-term care costs [06/25] Health insurance lags most in Southwest, CDC says [06/25] Insurer wants to sell wind, flood coverage in 1 policy More... Litigation [07/03] Continental ordered to trial in Concorde explosion [07/03] Florida Supreme Court nixes Indian casino pact [07/03] Judge in Ky. gives panel 1 day in fen-phen trial [07/02] Anti-tobacco lawyer's son sentenced in bribe plan [07/02] Judge tells jury to deliberate in fen-phen trial [07/02] Astra shares up 6 pct on Seroquel court ruling [07/01] Group sues over crop subsidies on US forest land More... NHTSA Recalls [0/0] More Americans Buckle Up and Wear Their Helmets In 2007 [04/04] NHTSA Presents Awards for Safety Achievements and Public Service [03/04] U.S. Secretary of Transportation Mary E. Peters Launches New Service to Automatically E-mail, Instant Message Safety Recall Information [01/04] U.S. DOT Announces Upgraded Roof Strength Proposal [09/08] NHTSA Releases List of Model Year 2008 Vehicles For Crash and Rollover Testing More... Personal Injury [06/11] Man feels fine after being shot in head by nailgun [06/06] Pa. crews rescue nude man stuck in portable potty [06/24] Brain injuries cause half of seniors' fall deaths [06/20] Study: Treating herpes doesn't prevent HIV [06/05] Hispanics dying on job at higher rates than others [07/03] Teen's death leads to sign change at Ga. Six Flags [07/01] Helicopter crash leaves a mother-to-be in mourning More... Product Liability [06/25] US panel endorses 2nd vaccine for kids' virus [06/17] FDA: Part of Mexico cleared in salmonella probe [06/16] FDA: older psych drugs have fatal risks in seniors [06/12] Study: Marijuana potency increases in 2007 [06/11] Glaxo: 4M people tried diet drug since launch [06/16] NYC: No trans fats in restaurants as of July 1 [06/13] Insulation co. settles for $25M in nightclub fire More... Transportation [07/02] Cement-truck drivers strike in New York City [07/02] British truckers protest fuel prices in London [07/01] WTC transit hub design changes after agency report [06/26] Oil spill ruling leaves Alaska victims stunned [06/11] Engineers search for fuel-saving big rigs [06/10] Trucker protest over fuel snarls traffic in Spain [06/05] More... Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. Users may not download or reproduce a substantial portion of the AP material found on this web site. AP will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing. |
Case Summaries Consumer Protection [07/02] Cavin v. Home Loan Ctr., Inc. In a suit involving a mailer sent by defendant announcing its mortgage program and claiming that defendant violated the Fair Credit Reporting Act by failing to present plaintiffs' with a firm offer of credit, summary judgment for defendant is affirmed where: 1) the letter at issue presented a firm offer of credit, despite the absence of some material terms and the minimal number of consumers who obtained the loan; and 2) thus, defendant did not violate the FCRA. [06/30] In Re: New Motor Vehicles Canadian Export Antitrust Litig. In a putative class action lawsuit brought under section 1 of the Sherman Act claiming that defendants-manufacturers conspired in a price collusion to restrict free automobile trade, dismissal of plaintiffs' complaint is affirmed where, as indirect purchasers, plaintiffs lacked standing to sue under section 4 of the Clayton Act. [06/30] Rodi v. S. New England Sch. of Law In a lawsuit filed against plaintiff's alma mater legal institution claiming that the school's deans fraudulently misrepresented the school's prospects for ABA accreditation upon which he detrimentally relied upon, summary judgment for law school is affirmed where no rational jury could find plaintiff's reliance upon weak predictions of accreditation to be reasonable. More... Dispute Resolution & Arbitration [07/03] United Steel, Paper & Forestry, etc. v. TriMas Corp. In an action to compel arbitration under the Labor-Management Relations Act (LMRA) arising out of the parties' dispute over a neutrality agreement, summary judgment for union is affirmed where the district court correctly: 1) found that the dispute was covered by the language of the arbitration clause; and 2) left consideration of certain extrinsic evidence to the arbitrator. [07/01] In the Matter of Fiveco, Inc. v. Haber In the context of a party commencing a proceeding to permanently stay arbitration after the 20-day limitations period for objecting to arbitration under CPLR 7503(c), such petitions are time-barred unless the basis of a party's objection falls within the exception set forth in Matter of Matarasso (Continental Cas. Co.) (56 NY2d 264 [1982]). That exception does not apply, however, when an arbitration provision found within a contract prevents finding that the parties never agreed to arbitrate. [07/01] Espericuenta v. Shewry In an action to recover damages arising from an automobile accident wherein a lien was asserted against the settlement proceeds to recover certain medical payments, an order denying a motion to extinguish or strike the lien imposed is affirmed where: 1) there had already been a judicial allocation of the medical expenses portion of the settlement in the order approving the victim's compromise; and 2) thus, there was no basis for modifying the order. More... Injury & Tort Law [07/03] Crowley Marine Servs. Inc. v. Maritrans Inc. In an action arising out of the collision of plaintiff's tug boat with defendants' oil tanker, a district court's reallocation of fault in the matter is affirmed where: 1) the district court did not err in considering the coordinated nature of the tug escort, the tug boat's violations of Rules 5 and 17(b), or the negligence of both plaintiff and the tug's captain; and 2) it did not err in apportioning 70% of the responsibility for the collision to the tug boat. [07/03] Sherman v. Winco Fireworks, Inc. In an action arising from an accident with fireworks, order granting defendant-fireworks manufacturer leave to amend and remand for a new trial on the plaintiffs' failure-to-warn claim in addition to plaintiff husband's pendent consortium claim is reversed in part where: 1) the district court did not apply the good-cause standard in ruling on motion to amend; 2) and the district court abused its discretion in allowing the amendment; 3) and the error was not harmless as it significantly affected plaintiffs' claims. [07/02] Anderson v. Commerce Construction Services, Inc. In an action for negligence arising out of a Nebraska subcontractor's employee's injuries while performing demolition work in Kansas, summary judgment for defendant is affirmed where: 1) Kansas courts would have applied the lex loci delicti choice of law rule whereby the state where the tort occurred governs the merits of the litigation; 2) Kansas courts have only applied section 185 of the Restatement (Second) of Conflict of Laws to cases dealing with subrogation; and 3) application of section 184's most significant relationship test would result in defendant prevailing. More... Insurance Law [07/03] State Comp. Ins. Fund v. WCAB The California Supreme Court finds that the Legislature intended to require employers to conduct utilization review when considering requests for medical treatment, and employers may not use Labor Code section 4062 as an alternative method for disputing employees' treatment requests. [07/02] Sgro v. Danone Waters of N. Am., Inc. In an ERISA action arising from a denial of plaintiff's claim for disability benefits, dismissal of plaintiffs' claims is affirmed in part and vacated in part where: 1) dismissal of state law claims was proper as defendant's disability plan is governed by ERISA, but the dismissal should have been without prejudice; 2) a California insurance regulation does not require defendants to reimburse plaintiff for the cost of copying the medical records that defendant-insurer/administrator requested, as that regulation is preempted by ERISA; 3) defendants did not violate ERISA's regulation on "claims procedures" by requiring documentation from plaintiff regarding his claim; and 4) a remand was required in part as to dismissal of a claim that defendants violated ERISA section 1132(c)(1) for failing to turn over certain documents. [07/02] Wakkinen v. UNUM Life Ins. Co. of Am. In an ERISA action, summary judgment for defendant upholding its denial of long-term disability benefits under an employer-offered plan is affirmed where substantial evidence supported plan administrator's finding that claimant was not "continuously disabled" through the 180 days of his elimination period as defined within the policy in dispute. More... Professional Malpractice [07/02] Allen v. Brown Clinic, P.L.L.P In a medical malpractice suit, jury verdict for defendant-doctor is affirmed over claims that the district court erred when it denied his motion to exclude for cause: 1) all jurors who had ever received medical treatment at a particular clinic or with a particular doctor; 2) all jurors who had family members who had been treated at the clinic or by the doctor; and 3) two jurors who had relatives with connections to the defendants. A claim that the district court erred in denying a motion to exclude defendants' medical expert is also rejected. [07/02] Rodriguez-Rivera v. Federico Trilla Reg'l Hosp. of Carolina In a medical malpractice case against defendant-hospital presenting the issue of whether an Asset Purchase Agreement entered between past and present owners of the hospital absolved the current owner's liability for acts or omissions by the hospital's previous owners and/or operators, the circuit court finds that the terms of the asset purchase agreement not only could, but did, absolve the present owners from liability. [06/26] Florida Bar v. Glueck Upon review of a referee's report recommending that respondent be found guilty of professional misconduct and be suspended from the practice of law for three years, the court affirms the recommendation of guilt and changes the punishment to disbarment over claims of error regarding: 1) a finding that respondent formed a partnership with a non-lawyer; 2) whether the partnership's activities did not conduct constitute the practice of law; 3) findings of fact that respondent made misrepresentations to the Bar during its investigation; 4) findings of fact to support the recommendation of misconduct with regard to clients; and 5) the referee's failure to find mitigating factors. More... Transportation [07/03] BNSF Ry. Co. v. Swanson Provisions of Minnesota Statute sections 609.849(a)(1) and (a)(2), governing a railroad's treatment of injured workers, are both preempted by the Internal Control Plans regulations adopted by the Federal Railroad Administration pursuant to the Federal Railroad Safety Act. [07/02] Lundeen v. Canadian Pac. Ry. Co. In consolidated appeals challenging the constitutionality of Congress's recent amendment to 49 U.S.C. Section 20106 of the Federal Railway Safety Act, the circuit court finds that: 1) Congress did not violate the constitution in making the amendment, and thus the federal preemptive effect directly addressed by the amendment applies to the underlying case; and 2) arguments advanced with respect to the amendment's violation of separation of powers doctrine, due process, equal protection, and Ex Post Facto clauses failed. [07/02] Sunset Skyranch Pilots Ass'n v. County of Sacramento The State Aeronautics Act does not compel a county to allow continued operation of an airport. Further, denying the renewal of a conditional use permit, which will result to the closure of an airport, is a "project" that requires an initial study as provided for under the California Environmental Quality Act. More... Workers' Comp [07/03] State Comp. Ins. Fund v. WCAB The California Supreme Court finds that the Legislature intended to require employers to conduct utilization review when considering requests for medical treatment, and employers may not use Labor Code section 4062 as an alternative method for disputing employees' treatment requests. [07/03] BNSF Ry. Co. v. Swanson Provisions of Minnesota Statute sections 609.849(a)(1) and (a)(2), governing a railroad's treatment of injured workers, are both preempted by the Internal Control Plans regulations adopted by the Federal Railroad Administration pursuant to the Federal Railroad Safety Act. [07/02] Anderson v. Commerce Construction Services, Inc. In an action for negligence arising out of a Nebraska subcontractor's employee's injuries while performing demolition work in Kansas, summary judgment for defendant is affirmed where: 1) Kansas courts would have applied the lex loci delicti choice of law rule whereby the state where the tort occurred governs the merits of the litigation; 2) Kansas courts have only applied section 185 of the Restatement (Second) of Conflict of Laws to cases dealing with subrogation; and 3) application of section 184's most significant relationship test would result in defendant prevailing. More... |
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