From Westlaw Journal Asbestos: A California jury has returned a verdict in favor of four automotive defendants, finding the companies were not negligent in failing to warn a mechanic of the dangers of exposure to asbestos.
Plaintiff Steve Swasey was exposed to the defendants’ asbestos-containing products, but they were as safe as could be expected when used as intended, a 12-person jury in the Alameda County Superior Court said in a Sept. 22 verdict.
From Westlaw Journal Medical Devices: While a California man maintains his product liability suit involving Intuitive Surgical Inc.’s da Vinci surgical robot was timely filed, the company has told a California federal judge dismissal is warranted because the plaintiff has failed three times to explain why he didn’t sue within two years, as state law requires.
In the suit, filed in January in the U.S. District Court for the Northern District of California, Gerald Darringer says he suffered vascular injuries, transected veins and shock from bleeding after undergoing a laparoscopic left pyeloplasty using a da Vinci surgical robot Feb. 16, 2012. The operation clears blockages that slow urine flow from the kidneys.
From Westlaw Journal Entertainment Industry: Olympic medal-winning hockey coach Shannon Miller and other female coaches at the University of Minnesota-Duluth say they are paid less than their male counterparts and subjected to a hostile work environment because of their sexual orientation and national origin.
In a complaint filed in the U.S. District Court for the District of Minnesota. Miller, Jen Banford and Annette Wiles dispute the university’s statement that their contracts were not renewed for “strictly financial” reasons.
From Westlaw Journal Aviation: The adult children of a couple killed in a 2008 plane crash have asked the U.S. Supreme Court to review a California appeals court ruling that said a parts manufacturer, which a jury found negligent, is entitled to costs.
Lura Hess Bechtel and Johanna Hess’ petition for certiorari says the California Court of Appeal erroneously found Sandel Avionics Inc. was the prevailing party after a trial court reduced their verdict award to zero following a setoff from settlement in a related suit filed in New York.
From Westlaw Journal Toxic Torts: A federal judge in Puerto Rico has asked the territory’s Supreme Court to decide if a company can be held strictly liable for poisoning caused by a natural toxin found in seafood.
“[T]his case relies solely on an unsettled issue of Puerto Rico law, as to which this court cannot reasonably predict how the Puerto Rico Supreme Court would rule,” U.S. District Judge Gustavo A. Gelpi of the District of Puerto Rico said in a Sept. 11 opinion.
From Westlaw Journal Insurance Coverage: A man whose ex-wife left the country with their child after her attorney gave her the minor’s passport in alleged violation of the parties’ custody agreement cannot recover a judgment he won against the firm from its insurer, a federal judge in New Jersey has ruled.
U.S. District Judge Esther Salas of the District of New Jersey entered summary judgment in favor of St. Paul Fire & Marine Insurance, finding it does not owe coverage to Lesnevich & Marzano-Lesnevich LLC because the man made his claim against the firm before the policy took effect.
From Westlaw Journal Insurance Bad Faith: A federal magistrate judge in California has tossed a proposed class-action lawsuit that accused a group of seven insurance companies of breaching state law by failing to offer the plaintiffs their lowest “good driver” rates.
In dismissing the case, U.S. Magistrate Judge Donna M. Ryu of the Northern District of California said the plaintiffs failed to allege there were policies with lower good-driver rates they should have been offered.
From Westlaw Journal Delaware Corporate: A Sanchez Energy Corp. board member’s business and friendship ties to the company’s chairman could have influenced his review of a shareholder challenge to a Texas oil family’s land purchase that allegedly shortchanged investors, Delaware’s highest court has ruled.
In a rare reversal of a Chancery Court decision, the full Delaware Supreme Court found Vice Chancellor Sam Glasscock III’s dismissal of a pension fund’s breach-of-duty suit ignored the deep shadow of doubt the plaintiff had cast on the independence of a pivotal Sanchez Energy director. In re Sanchez Energy Derivative Litig., No. 9132, 2014 WL 6673895 (Del. Ch. Nov. 25, 2014).
From Westlaw Journal Bank & Lender Liability: An Illinois man says in a lawsuit that a loan servicer and a credit reporting agency continue to mark his mortgage as being in default even though the $520,000 debt was discharged in a bankruptcy proceeding.
In a complaint filed in the U.S. District Court for the Northern District of Illinois, Brian Smego says Select Portfolio Servicing Inc. and Equifax Information Services have not corrected his credit file to show he no longer owes any funds on his mortgage even though they had knowledge to the contrary.