Westlaw Journals

Insurer not liable for hep 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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GM ignition case judge sets plan for bellwether trials

A federal judge in Manhattan, N.Y., has issued a plan for bellwether trials on personal injury and wrongful-death claims involving allegedly faulty ignition switches in GM vehicles.

The order by U.S. District Judge Jesse Furman of the Southern District of New York sets procedures for identifying and selecting the claims to be tried and establishes schedules for discovery and trials.

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Lax security at LAX led to shooting, suit says

From Westlaw Journal Aviation: A gunman was able to shoot a passenger and three security personnel at Los Angeles International Airport last year because police officers left their posts and the airport had insufficient emergency protocols, a California state court lawsuit says.

Paul Ciancia entered the security checkpoint at Terminal 3 on Nov. 1, 2013, with a semiautomatic rifle and hundreds of rounds of ammunition in a bag and shot plaintiff Brian Ludmer and three Transportation Security Administration officers, the suit says.

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