Legal

Tennessee foreclosure suit against Bank of America belongs in state court

From Westlaw Journal Bank & Lender Liability: A lawsuit alleging Bank of America wrongfully foreclosed on a mortgage will be returned to Tennessee state court because the amount the plaintiffs seek does not exceed the $75,000 federal jurisdiction threshold, a federal judge has ruled.

U.S. District Judge Kevin H. Sharp of the Middle District of Tennessee remanded the lawsuit brought by Suad and Riad Muheljic to the White County Chancery Court where it was filed, finding that neither the property’s foreclosure price nor its fair market value exceeded $75,000.

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8th Circuit reaffirms Missouri’s cause test, rejects ‘time and space’ test for determining number of occurrences

By Steven Plitt, Esq., Kunz Plitt Hyland & Demlong

From Westlaw Journal Insurance Coverage: Steven Plitt of Kunz Plitt Hyland & Demlong discusses methods for determining the number of occurrences, a critical question in coverage determination, in light of a ruling by the 8th U.S. Circuit Court of Appeals that interpreted Missouri law on the issue.

While the trigger of coverage determines whether an insurer is on the risk, and the allocation determines how the risk is to be allocated among insurers, the determination of the number of occurrences involved can be a related integral issue in the overall coverage determination.1  The number of occurrences can affect the total amount for which each insurer may be responsible, pursuant to the limits of the policies, as well as affecting the total amount for which an insured may be responsible under any applicable deductibles or self-insured retentions.2

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Insurer not liable for hepatitis C suits, Minnesota federal court finds

From Westlaw Journal Insurance Coverage: An insurer need not defend a medical organization accused in more than two dozen lawsuits of negligently investigating and certifying a cardiovascular technician who later transmitted hepatitis C to hospital patients, a Minnesota federal judge has ruled.

U.S. District Judge Ann D. Montgomery of the District of Minnesota agreed with Assurance Company of America that the “professional services” exclusion in the American Registry of Radiologic Technologists’ insurance policy precludes coverage for the underlying suits.

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‘California’s paparazzi drones and the evolving privacy landscape under AB 2306,’ by Paul Fraidenburgh, Esq., and Assemblyman Don Wagner

 

 

For a one-minute audio intro to the commentary, click here.

 

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Paul Fraidenburgh

Paul Fraidenburgh

Don Wagner

Don Wagner

Whistleblowers’ suit barred by first-to-file rule, appeals court says

From Westlaw Journal Health Care Fraud: A federal appeals court has affirmed the dismissal of a False Claims Act suit by two whistleblowers against a pharmaceutical company because the claims were too similar to ones resolved in an earlier suit by a Florida pharmacy.

Allegations by Linnette Sun and Greg Hamilton that Baxter Healthcare Corp. defrauded the federal Medicare and Medicaid programs by inflating its drug prices to obtain higher reimbursements were barred under the first-to-file rule, the 1st U.S. Circuit Court of Appeals said.

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Washington federal judge keeps Crane, Carrier in meso suit

From Westlaw Journal Asbestos: A federal judge in Seattle has partly denied and partly granted motions by Crane Co. and Carrier Corp. for summary judgment in a lawsuit in which a former Navy sailor alleges he developed mesothelioma from exposure to the defendants’ asbestos-containing products.

Plaintiff Richard Nelson, who served on the USS Kitty Hawk from 1961 to 1964, raised sufficient evidence that he was exposed to the two companies’ products to send the questions to a jury, U.S. District Judge James L. Robart of the Western District of Washington said in a Dec. 9 order.

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Autozone employee wins $185M for pregnancy discrimination

Rosario Juarez sued AutoZone Stores Inc. for discrimination and harassment based on her pregnancy and gender, as well as retaliation, wrongful termination, and failure to prevent discrimination and harassment.

The plaintiff, who was hired as a retail salesperson in December 2000 and was promoted to parts sales manager in 2001, claimed she performed her job satisfactorily and met all reasonable expectations. The plaintiff contended that the defendant had an opaque promotion process that discriminated against women. (more…)

BofA faces proposed class action over loan payment reporting

From Westlaw Journal Bankruptcy: A purported class-action lawsuit filed in Los Angeles alleges Bank of America failed to report to credit agencies the mortgage payments a borrower made when his co-borrower was in bankruptcy.

The suit seeks damages for alleged violations of California’s consumer credit reporting law and injunctive relief under the state’s unfair-business-practices statute.

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On the road to $40 billion, ridesharing app Uber hit by lawsuits, regulators

From Westlaw Journal Computer & Internet: Mobile ridesharing app Uber, recently valued at $40 billion, is facing lawsuits across the country from rejected drivers, disgruntled passengers and worried municipalities over allegedly illegal background checks, business practices and regulatory responsibilities.

Boston resident Abdul K. Mohamed filed one of the latest suits Nov. 24 in the U.S. District Court for the Northern District of California after he applied to be a driver for UberX, the company’s low-cost service, but was rejected.

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Wal-Mart’s battle with investor over scope of records order comes to a boil

From Westlaw Journal Delaware Corporate: Wal-Mart Stores has asked a Delaware judge to rule that it has turned over all records from an investigation into alleged bribery at its Mexican subsidiary, but a plaintiff shareholder is seeking a $10,000-a-day fine on Wal-Mart for allegedly flouting three books-and-records rulings.

After several Chancery Court decisions, including a judge’s Oct. 15 oral ruling, Wal-Mart and a dissident investor are still warring over the scope of documents that must be produced to the shareholder, which is looking for ammunition to sue directors and officers over their handling of the so-called Wal-Mex scandal.

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