Top News

Nebraska SC sides with insurer on question of ‘actual cash value,’ depreciation of labor

Jessica Karmasek Mar. 1, 2017, 1:03pm

The state’s high court, in its Feb. 17 opinion, sided with defendant American Family Mutual Insurance Company. The court held that an insurer may apply depreciation to the cost of labor when determining actual cash value under a standard policy that did not define the term “actual cash value.”

Oregon SC: PIP benefits do not include insured’s transportation costs

Jessica Karmasek Feb. 28, 2017, 4:05pm

The state’s high court, hearing the case en banc, ruled 4-3 that plaintiff Stephanie M. Dowell was not entitled to reimbursement for the transportation costs she incurred to obtain medical care, as part of her personal injury protection, or PIP, medical benefits. PIP is an extension of car insurance that covers medical expenses and, in many cases, lost wages.

Appeals piling up against DOL over its fiduciary rule

Jessica Karmasek Feb. 27, 2017, 2:50pm

A group of associations have filed an appeal in the U.S. Court of Appeals for the Fifth Circuit and a Kansas-based company has filed an appeal in the U.S. Court of Appeals for the Tenth Circuit over the controversial new rule. The rule mandates financial professionals who service individual retirement accounts, including IRAs and 401(k) plans, to serve the “best interest” of the savers and disclose conflicts of interest.

When, how or will Trump change consumer protection bureau's leadership

Jessica Karmasek Feb. 27, 2017, 8:06am

Richard Cordray, a former Ohio attorney general, remains the head of the Consumer Financial Protection Bureau, considered a thorn in the side of many Republicans. Some experts say they are surprised President Donald Trump hasn’t yet given Cordray the boot.

Fla. SC ruling rejects state Legislature’s ability to limit attorney fees in claims bills

Jessica Karmasek Feb. 24, 2017, 2:44pm

In Florida, state law limits recovery against the State or its agencies or subdivisions to $100,000 per person or $200,000 per incident in damages, with a 25 percent cap on attorneys’ fees. To get more, lawmakers must pass a claims bill, or a relief act.

U.S. House panel approves asbestos ‘double-dipping,’ litigation reform bills

Jessica Karmasek Feb. 24, 2017, 7:40am

On Wednesday, the House Judiciary Committee passed the Furthering Asbestos Claim Transparency, or FACT, Act of 2017 by a vote of 19-11. The committee also passed the Fairness in Class Action Litigation Act of 2017 by a vote of 19-12.

Ala. SC declines to apply ‘new, greatly expanded’ theory of liability in hospital negligence cases

Jessica Karmasek Feb. 23, 2017, 11:48am

The state Supreme Court, in a per curiam opinion released Feb. 10, sided with Helen Keller Hospital in a medical malpractice lawsuit filed against it, affirming the ruling of a trial court.

Wash. SC: Medical device manufacturers have duty to warn hospitals, too

Jessica Karmasek Feb. 21, 2017, 3:32pm

The court majority, in its Feb. 9 opinion, said hospitals need these warnings to credential the operating physicians and to provide optimal care for patients.

Advocacy groups file lawsuit over Trump’s ‘one-in, two-out’ regulation executive order

Jessica Karmasek Feb. 16, 2017, 3:12pm

The groups take issue with President Donald Trump’s Jan. 30 order, “Reducing Regulation and Controlling Regulatory Costs,” which calls for rescinding two government regulations for every new rule introduced, along with interim guidance issued by the Office of Management and Budget, or OMB, Feb. 2.

N.J. law firm alleges Philadelphia personal injury firm obtained illegal fee division agreement in motor vehicle case

Jessica Karmasek Feb. 15, 2017, 1:19pm

Attorney Joel Wayne Garber and his firm, Garber Law, filed the lawsuit in the Superior Court of New Jersey, Gloucester County, Law Division, Jan. 13. The named defendants include Heslin Law Firm, attorney Gary P. Heslin and Mark Patrick, a paralegal at the firm, according to the complaint.

U.S. SC arguments in consolidated cases over arbitration agreements to be set for 2017 term

Jessica Karmasek Feb. 14, 2017, 11:33am

According to reports, the nation’s high court notified lawyers in the cases -- Epic Systems Corp. v. Lewis, Ernst & Young v. Morris and NLRB v. Murphy Oil USA Inc. -- that arguments will be scheduled for the next term, which starts in October.

With Obama's veto threat gone, asbestos 'double-dipping' bill reintroduced

Jessica Karmasek Feb. 13, 2017, 1:54pm

U.S. Rep. Blake Farenthold, a Republican who serves on the House Judiciary Committee and the House Committee on Oversight and Government Reform, submitted the GOP-backed Furthering Asbestos Claim Transparency Act of 2017, or H.R. 906, last week.

Study: New York, California courts ‘magnets’ for workplace class actions

Jessica Karmasek Feb. 13, 2017, 8:46am

According to a Seyfarth Shaw LLP’s statistical study of class certification rulings in 2016, more conditional certification motions were granted within the U.S. Court of Appeals for the Second Circuit and Ninth Circuit than any other courts in the country.

Texas federal judge upholds DOL’s fiduciary rule, denies motion to stay case

Jessica Karmasek Feb. 10, 2017, 4:17pm

Judge Barbara M.G. Lynn, in a detailed 81-page order released Wednesday, shot down each of the plaintiffs’ major arguments, most notably deciding that the rule does not exceed the U.S. Department of Labor’s authority.

Eighth Circuit reverses, remands $10 million settlement in Target data breach class action

Jessica Karmasek Feb. 7, 2017, 12:10pm

The U.S. Court of Appeals for the Eighth Circuit, in its opinion last week, said the U.S. District Court for the District of Minnesota’s certification of the settlement class did not meet the standard of “rigorous analysis.”

Add lawsuit filed over alleged escheatment of shares to Alere’s list of woes

Jessica Karmasek Feb. 6, 2017, 2:35pm

A Swiss doctor filed his lawsuit against Alere Inc. and Computershare Limited in the U.S. District Court for the District of Delaware last month. In 2008, the plaintiff acquired 11,931 shares in Alere, and held those shares until, he claims, they were wrongfully escheated, or seized by the State of Delaware, in February 2013.

Trump order seeks review of DOL’s fiduciary rule

Jessica Karmasek Feb. 3, 2017, 3:41pm

The president’s order, signed Friday, instructs the U.S. Department of Labor to conduct a new study to determine whether the rule is likely to harm investors and the financial industry, and if it does, the rule can be rescinded or revised.

New ATRA program to tackle ‘deep-pocket jurisprudence’

Jessica Karmasek Feb. 3, 2017, 10:09am

Victor Schwartz, general counsel for the American Tort Reform Association and an expert on tort law, argues some courts in recent years have stretched tort law to impose liability on an innocent party.

Attorneys: ‘By-the-book,’ ‘apolitical’ Rosenstein is ‘beyond qualified’ for deputy AG role

Jessica Karmasek Feb. 2, 2017, 10:14am

According to reports, President Donald Trump plans to nominate Rosenstein, the longtime U.S. attorney in Maryland, for the No. 2 job at the U.S. Department of Justice.

Pre-settlement finance company files lawsuit against Florida law firm, others for alleged fraud

Jessica Karmasek Jan. 31, 2017, 2:03pm

Funding Holding Inc., doing business as Law Cash, filed its lawsuit in the U.S. District Court for the Eastern District of New York Jan. 18. Attorney Gabriel Jose Carrera, the Law Office of Gabriel Jose Carrera in Fort Lauderdale, Fla., and more than 20 individuals -- all residents of Florida -- were listed as defendants.