THE LATEST NEWS

Benzene & Emerging Toxic Torts Litigation

Defendants Remove Benzene Complaint to Federal Court, Say In-State Defendants Not Properly Served, Improperly Joined

Defendants named in a benzene exposure suit have removed the case to Louisiana federal court, maintaining that since the plaintiffs are residents of Mississippi and no other defendant is a Mississippi citizen, diversity jurisdiction exists.

Hip & Knee Implant Litigation

N.J. Federal Zimmer Hip Action Dismissed; Plaintiffs Permitted to Amend Claims

A New Jersey federal judge has dismissed without prejudice a lawsuit involving an allegedly defective Zimmer hip replacement device, ruling that the strict liability and breach of express warranty claims were merely conclusory statements and “recitations of the elements of a claim.”

Reinsurance & Arbitration

Lamorak, Everest Re Discuss Possible Settlement of Allocation Dispute

Lamorak Insurance Co. and Everest Reinsurance Co. have asked a Massachusetts federal judge to extend scheduling order deadlines in a dispute involving Lamorak’s allocation of asbestos losses to certain reinsurance certificates, maintaining that they may possibly reach a settlement within 30 days.

Reinsurance & Arbitration

Pa. Appeals Court Upholds $7.9 Million Reinsurance Judgment Against OneBeacon Insurance Co.

A Pennsylvania appellate court has upheld a $7.9 million reinsurance judgment in favor of two cedents in an asbestos coverage dispute, finding the facultative certificates issued by OneBeacon Insurance Co. obligated the reinsurer to pay expenses in addition to the stated “Reinsurance Accepted” limits.