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Liability & Insurance Week

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HATFILL SUES ASHCROFT, JUSTICE, OVER ANTHRAX INVESTIGATION.
Dr. Steven J. Hatfill filed suit in federal court Aug. 26 against Attorney General John Ashcroft and other Justice Department officials, alleging they ruined his professional reputation and . . .

FMCSA READY TO COMPLY WITH 9TH CIRCUIT MEXICAN TRUCK ORDER.
The Federal Motor Carrier Safety Administration said Aug. 26 it was ready to complete the full environmental analysis ordered months ago by the Ninth Circuit Court of Appeals to determine the . . .

CALIFORNIA PRIVACY BILL IS LAW.
After four years of dispute over whether financial institutions can share consumers' personal information without their express permission, California Gov. Gray Davis Aug. 27 signed the opt-in . . .

EEOC PRESSURES ALLSTATE TO SETTLE AGENTS' CLASS ACTION.
An Equal Employment Opportunity Commission official stepped up pressure last week on Allstate Insurance Co. to settle the class action filed against it by current and former agents before Sept. 15, . . .

GAO FINDS MIXED IMPACT OF MALPRACTICE PREMIUMS ON HEALTH CARE.
Increases in medical malpractice insurance premiums appear to have been slower in states that have capped noneconomic damages, the General Accounting Office reported Aug. 29, and care of some . . .

TEXAS VERDICT DOESN'T BAR PURSUIT OF FALSE CLAIMS ACTION.
A Texas court's verdict against a plaintiff in a wrongful-discharge lawsuit doesn't bar him from pursuing similar allegations in a lawsuit under the federal False Claims Act, the Fifth U.S. Circuit . . .

TEXAS A&M BONFIRE LAWSUIT REVIVED IN U.S. COURT.
The Fifth U.S. Circuit Court of Appeals has revived a federal civil rights lawsuit brought against Texas A&M University officials by survivors and families of victims after a giant 1999 campus . . .

TEXAS CAMPAIGN INTENSIFIES OVER MALPRACTICE CAP AMENDMENT.
A fierce battle is being waged to persuade Texans to vote either yes or no Sept. 13 on whether the state's constitution should be amended to cap damages in medical malpractice lawsuits immediately . . .

OREGON LEGISLATURE PASSES CREDIT SCORING BILL.
The Oregon Senate Aug. 20 approved a bill to restrict insurers' use of credit information for personal lines underwriting and rating. After pending in the House Rules Committee for three months, . . .

LOUISIANA ANTI-SUBROGATION LAW TRUMPED BY ERISA.
A Louisiana anti-subrogation statute is completely preempted by the federal Employee Retirement Income Security Act, the Fifth U.S. Circuit Court of Appeals has ruled. And if a state-law claim is . . .

IDAHO GIRL LOSES BIVENS CLAIM OVER PROTECTED WITNESS.
A child sexually abused by a convicted felon in the witness protection program cannot recover against the federal agents responsible for him because the abuse wasn't reasonably foreseeable, the . . .

FLORIDA JUDGE APPROVES CLASS ACTION ON GRAVE DESECRATION.
Broward Circuit Judge J. Leonard Fleet Aug. 19 approved about 30,000 persons for class action status in a lawsuit alleging grave desecration at two Menorah Gardens cemeteries in Florida. The . . .

CALIFORNIA: U.S. COURT AFFIRMS "SHAM DEFENDANT" RULING.
A California woman cannot get her bad-faith lawsuit against an insurance company back into state court by adding as a defendant an insurance agent who is a resident of the state, the Ninth U.S. . . .

CALIFORNIA JUDGE DELAYS RULING ON GARAMENDI'S HOMEOWNER REGS.
Sacramento Superior Court Judge Raymond M. Cadei said Aug. 22 he had decided to delay ruling on the insurance industry's challenge to the emergency homeowner insurance regulations issued by . . .

ALABAMA RESIDENTS TO RECEIVE OVER $600 MILLION IN PCB SETTLEMENT.
St. Louis-based Solutia and its former owner, Monsanto Co., which has been purchased by Pharmacia of Pfizer, agreed Aug. 20 to pay over $600 million to settle two class action suits brought by . . .

IIABA FINDS TWO-THIRDS OF THOSE WHO RENT DO NOT HAVE INSURANCE.
In a telephone survey of 1,000 people by International Communications Research, 64.4 percent said they did not have property or liability insurance and 2.2 percent said they did not know if they . . .

CONSUMERS PUSH TO PROTECT CHILDREN FROM POWER-WINDOW INJURIES.
Consumer groups submitted a petition Aug. 19 to the National Highway Traffic Safety Administration to initiate rulemaking to protect children from death and injury involving power-generated windows . . .

AGRICULTURE DEPARTMENT EXPANDS CROP INSURANCE PROGRAM.
The Agriculture Department's federal crop insurance program will expand its drought and flood coverage this fall from farmers who raise major commodity crops like corn and soybeans to farmers who . . .

FCC BUCKLES UNDER PRESSURE, DECIDES TO DELAY RULE ON JUNK FAXES.
After being deluged with emergency petitions from thousands of businesses and tax-exempt, nonprofit organizations, the Federal Communications Commission decided Aug. 18 not to implement on Aug. . . .

DAVIS EXPECTED TO SIGN PRIVACY LEGISLATION ALLOWING OPT-IN.
Despite pressure from insurers to veto a controversial opt-in privacy measure passed by the Legislature last week, California Gov. Gray Davis is expected to sign the bill this week, a spokeswoman . . .

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