Westlaw Journals weekly round-up

September 10, 2014

Westlaw Journals Weekly RoundupSome highlights from the past week’s litigation headlines over at the Westlaw Journals blog include a judge’s dismissal of an ex-inmate’s suit over radiation from body scanners; a man who lost part of his arm in a combine machine can move forward with injury claims; and a ruling that an insurer owes no defense duties in an ecstasy overdose case:

Judge dismisses ex-inmate’s suit over radiation from body scanners: A federal judge in New York has dismissed a lawsuit by a former Rikers Island inmate who alleged prison officials violated his constitutional rights by exposing him to radiation from full-body X-ray screenings. U.S. District Judge Cathy Seibel of the Southern District of New York said Aug. 13 plaintiff Isaac Middleton failed to show the X-ray scanners emitted levels of radiation high enough to pose an unreasonable risk of harm to his health. (Toxic Torts)

Man who lost part of arm in combine machine can press injury claims: A federal judge in Philadelphia has refused to dismiss a lawsuit alleging a man was severely injured when he was caught in the machinery of a defectively designed Agco Corp. farm combine. Judge Mitchell S. Goldberg of the Eastern District of Pennsylvania said Aug. 4 there was enough evidence on injury causation for the case to go to a jury. (Expert & Scientific Evidence)

Insurer not required to provide defense in ecstasy overdose case: An insurer had no duty to provide coverage for negligence claims that had been brought against an 18-year-old man for failing to seek help for a 16-year-old friend who had overdosed after taking ecstasy, a federal judge in Tacoma, Wash., has ruled. Judge Benjamin H. Settle of the U.S. District Court for the Western District of Washington concluded Aug. 21 the 18-year-old was not an insured under his parents’ policy and that a controlled substance exclusion barred coverage. (Insurance Bad Faith)