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Houston Harbaugh

Month: November 2013

District Court Rejects Challenge to Loss Causation and Damages Expert in Federal Securities Case, Invites Supplemental Briefing on Burden of Proving Proportionality of Loss Causation and Damages among Multiple Defendants

In re DVI, Inc. Secs. Litig., No. 03-5336, 2013 U.S. Dist. LEXIS 164199 (E.D. Pa. Nov. 18, 2013), the U.S. District Court for the Eastern District of Pennsylvania considered cross-challenges seeking to exclude the proffered testimony of the plaintiffs and the...

Third Circuit in Rahman v. Kid Brands, Inc., Affirms Dismissal of Federal Securities Class Action Suit, Declines Opportunity to Decide Viability of “Corporate Scienter” Doctrine

In Rahman v. Kid Brands, Inc., No. 12-4257, 2013 U.S. App. LEXIS 23084 (3d Cir. Nov. 15, 2013), the Third Circuit issued a precedential opinion affirming dismissal of a federal securities class action suit alleging violations of Sections 10(b)(5) and 20 of the...

Unfair Competition Claims Lacking Evidence that Insured Disparaged Another’s Product Were Not Covered as Advertising Injury Under Primary and Umbrella Insurance Policies

In Charter Oak Ins. Co. v. Maglio Fresh Food, No. 12-3967, 2013 U.S. Dist. LEXIS 152741 (E.D. Pa. Oct. 24, 2013) (Baylson, J.), the U.S. District Court for the Eastern District of Pennsylvania addressed the issue of whether claims for unfair competition by a food...

Insurance Company to Reimburse Insured for Redesign Costs Where Policy Fails to Define Land Use Ordinance and Environmental Regulation But Not Where Policy Expressly Excluded Costs Relating to Sinkholes

In High Assocs. v. Zurich Am. Ins. Co., 2013 U.S. Dist. LEXIS 150711, Civil Action No. 12-5804 (E.D. Pa. Oct. 18, 2013) (J. Schmehl), the court granted summary judgment in favor of Plaintiffs on their claim for reimbursement of redesign costs of stormwater management...

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