Westlaw Journals weekly round-up

April 3, 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:

Court tosses $500 million Medicaid fraud complaint: A federal judge has thrown out a complaint alleging that 24 drug manufacturers, distributors and labelers fraudulently misrepresented their products as eligible for Medicaid reimbursement, causing the federal government to pay state programs over $500 million for the drugs. Whistle-blower Constance Conrad could not surmount the False Claims Act’s public disclosure bar, U.S. District Judge Rya W. Zobel of the District of Massachusetts said. (Health Care Fraud)

Government bailout of AIG unconstitutional, ex-CEO claims: The U.S. government coerced insurance giant AIG into an illegal takeover during the 2008 financial crisis by denying the company access to financial assistance it gave other troubled businesses, former CEO Maurice R. Greenberg has alleged in a federal court lawsuit. The class-action complaint says the government takeover violated the Fifth Amendment of the U.S. Constitution because the shareholders of AIG were not given just compensation for the 79.9 percent interest the government took in the insurer. (Derivatives)

Alaska villagers ask Supreme Court to restore climate change case: Residents of an Alaskan village have asked the U.S. Supreme Court to reverse a federal appeals court’s decision that the Clean Air Act displaces their federal common-law claim of public nuisance for damages caused by climate change. The petitioners are suing oil and gas companies for allegedly endangering the village of Kivalina’s existence by producing large quantities of greenhouse gases that contribute to the melting of sea ice. They argue that the 9th U.S. Circuit Court of Appeals ruling directly conflicts with the high court’s holding in Exxon Shipping Co. v. Baker, 554 U.S. 471 (2008). (Environmental)

Class action targets auto loan payment fees: A Pennsylvania woman has alleged in a proposed class-action lawsuit that her car loan creditors have added unauthorized fees to installment payments she made over the phone. Leyna Novak says state law does not permit CitiFinancial Auto Corp. and its successor, Santander Consumer USA Inc., to assess fees that are not listed in her car sale contract. (Bank & Lender Liability)