RALEIGH, N.C. - Absent a contract between the parties, the economic loss rule does not bar the negligence claims of homeowners whose residence was damaged through defects in materials supplied by the defendant, a North Carolina Court of Appeals panel found April 10, affirming a jury verdict for the homeowners (William A. Lord and Jennifer L. Lord v. Customized Consulting Specialty, Inc., et al., No. COA06-725, N.C. App.; 2007 N.C. App. LEXIS 782). Full story on lexis.com

House Bill Calls for Higher Troop Pay
Tucked into the House Armed Services Committee’s 2008 defense authorization bill is a guaranteed 3.5 percent pay raise for all servicemembers and a promise of raises through 2012 of 0.5 percent above the anticipated average salary increase among civilian workers.

FDA Preemption Rule Isn’t Congressional Intent, Massachusetts Judge Rules
CAMBRIDGE, Mass. - The Food and Drug Administration’s preemption rule is not evidence of “clear legislative intent” to preempt drug warning claims, especially when the agency has frequently changed its interpretation, a Massachusetts state court judge ruled April 12 (Janet Kelly, et al. v. Wyeth, et al., No. 2003-3314F, Mass Super., Middlesex Co.; 2007 Mass. Super. LEXIS 136). Full story on lexis.com

Judge Disallows Property Damage Claims Filed Against W.R. Grace
WILMINGTON, Del. - A bankruptcy judge on April 17 disallowed and expunged 71 property damage claims that were filed against W.R. Grace & Co. by a law firm, on behalf of claimants, after a court-established deadline has passed (In re: W.R. Grace & Co., et al., No. 01-01139, D. Del. Bkcy.). Full story on lexis.com

Rhode Island Fund Must Pay Toward Personal Injury Settlement
PROVIDENCE, R.I. - The Rhode Island Insurers’ Insolvency Fund must pay one-third of a $900,000 personal injury settlement, a Rhode Island state court judge ruled April 2 (Rhode Island Insurers’ Insolvency Fund v. New Prime Inc., No. 04-1703, R.I. Super.; See February 2007, Page 8). Full story on lexis.com

9th Circuit Panel Overturns Summary Judgment That Allowed Snow Making From Treated Sewage
SAN FRANCISCO - A unanimous Ninth Circuit U.S. Court of Appeals panel on March 12 overturned a defense summary judgment for the U.S. Forest Service that would have allowed for the expansion of a ski area in northern Arizona on a sacred Indian site (Navajo Nation, et al. v. U.S. Forest Service, No. 06-15371, 9th Cir; 2007 U.S. App. LEXIS 5710). Full story on lexis.com

GOT PORK? .Price - 300.00
Pig for sale. Will be finished end of April. […]

Backdating Derivative Suit Dismissed For Failure To Plead Demand Futility
SAN FRANCISCO - A California federal judge on April 11 dismissed a shareholder derivative suit alleging stock options backdating against CNET Networks Inc. for failure to plead that demand on the company’s board was futile, but he granted the plaintiffs’ leave to amend on April 30 (In re: CNET Networks, Inc. shareholder derivative litigation [Martin Melzer v. Shelby W. Bonnie, et al.], No. 06-3817, N.D. Calif.; 2007 U.S. Dist. LEXIS 29780; See April 2007, Page 15). Full story on lexis.com

U.S. Shareholders Sue SCOR In Wake Of Hostile Bid
NEW YORK - U.S. shareholders of Swiss-based Converium Holdings A.G. sued SCOR S.A. on May 1, accusing the French reinsurer of unlawfully excluding them from participating in its $2.5 billion hostile takeover bid for Converium Holdings A.G. (Converium Holding AG v. SCOR S.A., et al., No. 07-CV-3042, S.D. N.Y.). Full story on lexis.com

Judge: Repair Costs For Defective Work Are Not Policy ‘Occurrence’
KANSAS CITY, Mo. - Costs to repair construction deficiencies caused by a subcontractor’s work are not a policy “occurrence” on the general contractor’s policies, a Missouri federal judge ruled April 19 (St. Paul Fire and Marine Insurance Co., et al. v. Building Construction Enterprises Inc., No. 06-0248, W.D. Mo.). Full story on lexis.com

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