Westlaw Journals weekly round-up

February 5, 2013

Westlaw Journals Weekly RoundupThe new Westlaw Journals blog brings you litigation headlines in over 30 substantive areas of law.  Here are some highlights from the past week:

Supreme Court finds no permit needed for water transfers: The U.S. Supreme Court has held that discharging polluted stormwater from one part of a waterway to another part of the same waterway does not require a permit under the Clean Water Act. Writing for the court, Justice Ruth Bader Ginsburg said the flow of water out of a concrete channel within a river and into the river itself did not constitute a discharge of pollutants under the Clean Water Act, 33 U.S.C. § 1311. (Environmental)

Hulk Hogan sues spine center over ‘ineffective’ treatment: Physicians at a Florida spine treatment center convinced Terry “Hulk Hogan” Bollea to forgo spinal fusion surgery in favor of multiple ineffective endoscopic treatments, causing him to miss out on $50 million in income, he claims in a state court lawsuit. Laser Spine Institute’s doctors knew their endoscopic treatments would provide only temporary relief of Bollea’s symptoms, but neglected to tell him so or recommend that he undergo surgery for a permanent solution, the suit says. (Medical Malpractice)

Insurer did not act in bad faith ‘escaping’ coverage for stolen World War II items: An Oklahoma federal judge has rejected claims that Farmers Insurance Co. acted in bad faith by refusing to provide coverage for stolen World War II collectibles that had been specifically insured by another carrier. Plaintiff Terry Hester had a homeowners policy with Farmers and a collectibles insurance policy issued by Certain Underwriters of Lloyd’s. When he submitted a claim to both insurers, Farmers invoked a policy exclusion and refused to pay anything. The exclusion barred coverage for “personal property separately described and specifically insured in this or any other policy,” according to the U.S. District Court for the Eastern District of Oklahoma order. U.S. Magistrate Judge Steven P. Shreder ruled that the “escape clause” contained in the policy “is permissible” and granted Farmers’ motion for summary judgment. (Insurance Bad Faith)

Securities Fraud Defendant, Charged In Drug Scheme, Loses Bail Motion: The former operator of a Louisiana investment business whose bail was revoked after he was charged in a scheme to distribute an illegal drug has lost his motion to reinstate bond. U.S. Magistrate Judge Patrick J. Hanna of the U.S. District Court for the Western District of Louisiana rejected arguments by defendant Richard J. Buswell that his continued pretrial incarceration violated his rights under the Constitution’s Fifth and Sixth Amendments. The judge noted that Buswell had allegedly intimidated witnesses in the securities fraud case through false reports of harassment to law enforcement authorities and filed a related civil suit against the witnesses. Judge Hanna said Buswell had further run afoul of his release by getting arrested as part of an alleged conspiracy to distribute synthetic marijuana through his other business, Curious Goods. (White Collar Crime)