(Tampa florida lawyer) Branch Consultants v. Allstate Ins. Co.
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(U.S. 5th Cir., Civil Procedure, Government Law, Insurance Law) Dismissal of a False Claims Act suit arising out of Katrina-related insurance fraud is affirmed in part where the FCA’s first-to-file jurisdictional bar applied to plaintiff’s case against certain defendants despite the fact that plaintiff focused on different details, geographic locations, and other insurer defendants; but reversed in part where the previous case’s allegations and generic naming of two other insurers, by itself, did not trigger the first-to- file bar as to plaintiff’s specific allegations against other insurers that the first case did not name.
Babcock
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Wilcox Co. v. Kansas City S. Ry. Co.
(U.S. 3d Cir., Civil Procedure, Commercial Law, Contracts, Transportation) In an action under the Carmack Amendment to the Interstate Commerce Act (ICA) against defendants-railroads to recover damages to plaintiff’s boiler, denial of defendants’ motion to dismiss and summary judgment for plaintiff are vacated and remanded with instructions where: 1) The legislative history of 49 U.S.C. section 10709, the history of the corresponding federal regulations, and recent Surface Transportation Board proceedings, indicate that a contract need not reference section 10709 in order to be section 10709 contract; 2) the terms of the contract at issue, which deviate in numerous respects from the common carrier obligations imposed by the ICA, evince the intent of the parties to enter into a section 10709 contract; and 3) thus, dismissal for lack of subject matter jurisdiction was proper.
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February 23, 2009 5:15 am | 
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