INSURANCE: Personal jurisdiction found over non-contracting GEICO entities in 2nd amended complaint challenging subrogation practices… Molloy. [Read more…]
Class action, Libby asbestos, “local controversy”
CLASS ACTION: Libby asbestos class action properly remanded to State Court based on “local controversy” exception to Class Action Fairness Act jurisdiction… Morris affirmed (memorandum). [Read more…]
Medicare recovery of asbestos death settlements
MEDICARE: Challenge of DHHS’s ability to recover Medicare conditional payments from wrongful death asbestos-related settlements rejected… Molloy. [Read more…]
Insurance, GEICO’s subrogation practices
INSURANCE: Motion to dismiss putative class action challenging subrogation practices of GEICO and related entities granted in part including rejection of boilerplate allegations of personal jurisdiction over non-contracting entities based on a conspiracy theory… Molloy. [Read more…]
Libby Medical Program reimbursement
Cross motions for summary judgment on Libby Medical Program reimbursement issues denied, trial to be set… Sandler. [Read more…]
Insurance, safety program duty of care
INSURANCE: Comp insurer with safety program owed duty of care under Restatement of Torts §324(b)-(c) to warn workers of risk of Libby asbestos exposure… summary judgment to worker on duty element of negligence claim against insurer erroneously granted without applying 324A, but correct result for wrong reason… ruling allows 800+ former Grace workers to continue claims against insurer… Eddy affirmed (other grounds, supervisory control). [Read more…]
Railroad strict liability
RAILROAD LIABILITY: BNSF strictly liable for abnormally dangerous activity vis-à-vis hauling amphibole asbestos in Libby… evidence of Grace’s conduct admissible for background and context but not to negate liability… Eddy. [Read more…]
Lead case against Grace’s comp insurer pre-trial rulings
LEAD CASE AGAINST GRACE’S COMP INSURER: Fact issues preclude summary judgment as to when Plaintiff knew he had ARD. . . MCC owed a duty of care to warn Zonolite and Grace of the hidden hazard of asbestos exposure, but fact issues exist as to whether it breached this duty to Plaintiff. . . Plaintiff who filed no comp claim has no common law insurance bad faith claim against MCC. . . MCC’s non-party (State, Grace) defenses precluded. . . other in limine rulings. . . Eddy. [Read more…]
$8,810,785 settlements with State
SETTLEMENT: $7,310,785.42 to 336 MHSL Libby Mine asbestos Claimants against State with contingent $2,030,936.19 dependent on result of litigation between State and its insurer. . . $1,250,000 to 49 KS Libby Mine Claimants with contingent $400,000. . . $250,000 for individual claimant with no insurer contingency. . . 33% and 33-1/3% contingent attorney fees approved. . . Eddy. [Read more…]
Request for additional depositions
BNSF’s request for leave to take additional depositions denied. . . Eddy. [Read more…]