Tag: Arbitration
Appeals Court Rules in Civil Case of Ex-Judge
NewsAn appeals court panel on Wednesday refused to overturn the majority of a visiting judge’s decisions in a civil case involving former Mahoning County Judge Diane Vettori-Caraballo and a client in her private practice, from whom she stole money.
McKinsey to Pay $573M to Settle Role in Opioid Crisis
NewsGlobal consultancy firm McKinsey & Company has agreed to pay $573 to settle claims by more than 40 US states related to its role in the nation’s opioid epidemic.
Fourth Circuit Refuses to Reduce Record-Breaking $32.7M Asbestos Verdict
NewsThe $32.7 million verdict in Finch is reportedly the largest single-plaintiff verdict and the largest mesothelioma-related verdict in North Carolina history.
Johnson & Johnson’s $2B Talc Verdict Stands
NewsJohnson & Johnson has been defending against claims its talc-based powders cause cancers for years, and, with a new ruling against the drugmaker in Missouri, it’s preparing to challenge a massive verdict at the U.S. Supreme Court.
Former KAABOO Owner Satisfies $7 Million ‘Thunder on the Mountain’ Judgement
NewsKansas promoter Brett Mosiman was ready to chase former KAABOO owner Bryan Gordon to the end of the earth to collect a $7 million judgement delivered by a Kansas jury in February, but that will no longer be necessary after the men settled their claims last week over the canceled 2015 Thunder on the Mountain festival in Ozarks, Ark.
U.S. to Pay SC $600M in Settlement Over Remaining Plutonium at Savannah River Site
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Attorney General Alan Wilson announced Monday that the State of South Carolina and the United States have reached a settlement to end litigation related to weapons-grade plutonium that was relocated to the Savannah River Site in the early 2000s.
AG Jennings Announces Honda Airbag Settlement
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Attorney General Kathy Jennings today announced an $85 million multistate settlement with American Honda Motor Co., Inc. and Honda of America Mfg., Inc., over allegations Honda concealed safety issues related to defects in the frontal airbag systems installed in certain Honda and Acura vehicles sold in the United States.
Second Circuit Overturns Tiffany’s $21M Judgment Against Costco in Trademark Battle
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Tiffany & Co. will not be collecting its $21 million judgment against Costco Wholesale Corp. anytime soon.
Daimler Agrees to U.S. Diesel Settlements Worth Nearly $3 Billion
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Daimler said on Thursday it has reached agreements costing nearly $3 billion to settle civil investigations by U.S. regulators and lawsuits from vehicle owners stemming from a long-running probe into software to cheat diesel emissions tests.
Pharmacy to Pay $3.5 Million to Resolve U.S. Claims it Helped Teva Pay Kickbacks
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A Florida-based specialty pharmacy will pay $3.5 million to resolve allegations it served as a conduit for a Teva Pharmaceutical Industries Ltd subsidiary to pay kickbacks to Medicare patients, the U.S. Justice Department said on Thursday.
Ninth Circuit Holds Proof of Injury Not Required for Unclean Hands
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Unclean hands remains a viable defense today in the context of equitable claims.
Bayer Asks Appeals Court to Again Cut Roundup Damage Award Owed to California Groundskeeper with Cancer
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Bayer is asking a California appeals court to trim $4 million from the amount of money it owes a California groundskeeper struggling to survive cancer that a trial court found was caused by the man’s exposure to Monsanto’s Roundup herbicides.
Bayer Proposes $10 Billion Settlement For Three Chemical Lawsuits
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Bayer recently announced its intent to settle all Roundup, dicamba drift and Polychlorinated biphenyls (PCB) water litigation cases between $10.1 and $10.9 billion.
Ninth Circuit Vacates $24M Class Judgment on Standing and Predominance Grounds
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Class actions present significant risk, because a certified class exposes a class defendant to class-wide liability.
Courts Continue to Analyze How COVID-19 Orders Affect Private Party Rights
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Three recent decisions demonstrate how the legal landscape continues rapidly to change and evolve in response to COVID-19. These decisions highlight certain developing uncertainties in the law, including the impact of COVID-19-related executive and administrative orders on the rights of private parties.
District Court Says Cruise Ship Passengers Cannot Recover For “Fear of Contracting COVID-19”
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Judge Klausner, sitting in the Central District, dismissed a claim brought by a class of Princess Cruise Line passengers premised on their exposure to COVID-19 while aboard the now-infamous cruise ship that departed San Francisco for Hawaii on February 21, 2020.
Real Problems with Virtual Jury Trials: The Shallowing of Jury Pools
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As the COVID-19 pandemic continues with no certain end in sight, courts and lawyers alike must come to terms with the possibility that the conduct of trials may require dramatic changes to keep the wheels of justice turning.
No End in Sight for Business of ERISA Litigation
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ERISA litigation continues to flourish thanks to veteran plaintiffs’ attorneys refining their strategies, newcomers entering the ERISA arena using traditional arguments and lawsuits being filed against smaller plans.
Sutter Health’s Request to Delay $575 Million Settlement Is Denied
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Despite citing the surge in coronavirus cases and economic fallout from the pandemic in California, Sutter Health failed to persuade a state judge on Thursday to delay the $575 million settlement it reached last December over accusations of price gouging and monopolistic practices.
Watch Your Stipulation! Award Confirmed Despite Arbitrator Exceeding Contractual Scope of Authority
Insights
Once parties agree to arbitrate, courts generally defer to the arbitrator’s judgment regarding resolution of a dispute.
