LOS ANGELES - A California bankruptcy judge on Nov. 6 ordered that the Chapter 11 proceedings of Thorpe Insulation Co. be jointly administered with the recently filed bankruptcy case of its wholly owned subsidiary (In re: Pacific Insulation Co., No. 02:07-20016-BB, C.D. Calif. Bkcy., See related story in this issue).
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Divided En Banc 6th Circuit Affirms Dismissal Of Exclusive Dealing Claim
CINCINNATI - In a 10-4 ruling on Oct. 17, the Sixth Circuit U.S. Court of Appeals en banc affirmed the dismissal of monopolization claims against 3M Co., a marketer of do-it-yourself automotive coated abrasives, finding that the sole competitor lacked antitrust injury because it failed to allege predatory conduct by 3M and because five of the six largest retailers demanded exclusivity as a precondition for doing business (NicSand, Inc. v. 3M Company, No. 05-3431, 6th Cir.; 2007 U.S. App. LEXIS 24270; See August 2006, Page 5).
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Panel Reverses $197,939 Award, Finds Insureds Not Excused From Condition Precedent
LOS ANGELES - A California appeals panel on Oct. 29 reversed a $197,939 economic damages award for the difference between the amount an insurer paid and the jury's determination of the insureds' replacement cost value, finding that the trial court erred by finding that the insureds were excused from the condition precedent of repairing the home before making a claim for replacement cost value (Larry Stone, et al. v. Fidelity National Insurance Co., No. B190329, Calif. App., 2nd Dist., Div. 3; 2007 Cal. App. Unpub. LEXIS 8711; See December 2005, Page 8).
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