Westlaw Journals weekly round-up

October 9, 2014

Westlaw Journals Weekly RoundupSome highlights from the past week’s litigation news headlines over at the Westlaw Journals blog include a commentary about Judge Rakoff and the SEC’s settlement windfalls; a $359 million lead exposure verdict slashed to $119 million; and the Army mismanaged $270 million in energy project contracts, a report says:

Judge Rakoff as Don Quixote? Tilting at the SEC’s settlement windmills: C. Evan Stewart of Cohen & Gresser discusses the efforts and potential outcomes of U.S. District Judge Jed Rakoff’s attempts to stop the Securities and Exchange Commission from asking Article III judges to “rubber-stamp” regulatory settlements in a recent commentary.  (Securities Litigation & Regulation)

$359 million lead exposure verdict slashed to $119 million: A Missouri appeals court has reduced a $359 million lead poisoning verdict by $240 million, finding that a punitive damages award against one of the three corporate partners in a lead smelter operation cannot stand. A three-judge panel of the Court of Appeals’ Eastern District ruled Sept. 16 that the plaintiffs relied on a flawed theory of agency liability to support their claim that co-defendant Fluor Corp. dominated the partnership that operated the smelter.  (Toxic Torts)

Army mismanaged $270 million in energy project contracts, report says: The Army did not properly award contracts for energy projects worth $270 million at Fort Knox in Kentucky, increasing the risk of fraud, waste and abuse, according to a recent Defense Department inspector general report. Fort Knox officials were not able to show that the 108 task orders issued to contractor Nolin Rural Electric Cooperative Corp. achieved their projected energy savings, as required by federally mandated energy-reduction goals, the Sept. 8 report said.  (Government Contract)