From Westlaw Journal Computer & Internet: A woman cannot hold a fundraising website liable for a fraudulent online campaign engineered by her son’s estranged father, who sought donations for a heart condition the 8-year-old did not have, a Maryland federal judge has ruled.
Website owner GiveForward Inc. filed a declaratory judgment action against Kena Hodges, seeking to clarify its potential liability over the fraudulent campaign, U.S. District Judge J. Frederick Motz of the District of Maryland said.
By Jason Schossler, Contributor, Westlaw Journals
From Westlaw Journal Insurance Coverage: Insurer ACE European Group must provide a defense to Abercrombie & Fitch Co. for three class-action lawsuits alleging the clothier fraudulently canceled unused promotional gift card balances, a federal appeals court has ruled.
The 6th U.S. Circuit Court of Appeals affirmed a lower court ruling that Abercrombie is entitled to a defense in the underlying suits and that ACE acted in breach of contract when it failed to provide a defense.
From Westlaw Journal Asbestos: John Crane Inc. has won defense verdicts in two lawsuits consolidated for trial in a Baltimore court, a jurisdiction well known for “being plaintiff friendly,” the company’s lawyers said in a statement.
After a nearly three-week trial, a jury in the Baltimore City Circuit Court took just 26 minutes to return two verdicts in the company’s favor, according to a statement from the law firm representing John Crane, O’Connell, Tivin, Miller & Burns in Chicago.
From Westlaw Journal Expert and Scientific Evidence: The maker of a benzene-containing cleaning solvent has won summary judgment in a failure-to-warn lawsuit because the judge’s exclusion of expert witness testimony means the plaintiff failed to establish causation.
“Due to the complex nature of her lawsuit, [the plaintiff] must bring forth expert testimony to establish that the chemical properties within [the cleaner] generally and specifically caused [her husband’s] leukemia,” U.S. District Judge Victoria A. Roberts of the Eastern District of Michigan said in an Aug. 13 order.
From Westlaw Journal Employment: The U.S. Chamber of Commerce and other business groups failed to show that the National Labor Relations Board’s recent final rule aimed at expediting the union election process is unconstitutional and violates federal labor law, a federal judge has ruled.
The groups’ “broad” and “dramatic” statements about the NLRB’s rule were “predicated on mischaracterizations of what the final rule actually provides,” U.S. District Judge Amy Berman Jackson of the District of Columbia said.
From Westlaw Journal Government Contract: A North Carolina woman will be able to pursue a negligence claim against the United States for an injury she allegedly sustained at a post office facility that the government leases from a third party, a federal judge has ordered.
U.S. District Judge Louise W. Flanagan of the Eastern District of North Carolina also granted the government’s motion to dismiss some elements of Katie Parrish’s negligence claim based on an “independent contractor” exception to the Federal Tort Claims Act.
From Westlaw Journal Professional Liability: A woman who claims she got pregnant after receiving a flu shot instead of a birth control injection at a federally affiliated health clinic in Seattle is suing the government for medical bills and pain and suffering.
The suit, filed under the Federal Tort Claims Act in the U.S. District Court for the Western District of Washington, also seeks damages under a theory of “wrongful life” on behalf of the woman’s child, who was born with alleged cognitive deficiencies.
From Westlaw Journals Bank & Lender Liability:
A debt collector must prove it did not violate federal law by contacting a woman’s neighbors several times so it could find her to pursue mortgage payments, the 3rd U.S. Circuit Court of Appeals has ruled.
The case is one of first impression among the federal appellate courts.