3rd Circuit Rules Town Did Not Violate Rights By Closing Moldy Complex
PHILADELPHIA - A federal appeals panel on Sept. 9 found that a town's decision to condemn an apartment complex because of mold infestation did not violate the constitutional rights of the property's owner because the owner failed to take part in the town's designated appeals process (Elsmere Park Club, L.P. v. Town of Elsmere, et al., No. 07-1821, 3rd Cir.; 2008 U.S. App. LEXIS 19222; See March 2007, Page 10). Full story on lexis.com

Alabama Supreme Court Affirms Arbitration Award For Real Estate Agent
MONTGOMERY, Ala. - The Alabama Supreme Court on Sept. 5 affirmed a ruling to confirm an arbitrator's award in favor of a real estate company that sold a home that allegedly contained water damage and mold, finding that the only ground on which the homeowners sought to have the award vacated was not a valid ground for relief under the Federal Arbitration Act (Sherry Gay Hereford, et al. v. D.R. Horton, Inc., No. 1070396, Ala. Sup.; 2008 Ala. LEXIS 186). Full story on lexis.com

Judge Finds Contractors Had No Duty To Airport Workers With Mold Claims
ANN ARBOR, Mich. - A federal judge on Sept. 5 found that various contractors and subcontractors hired to complete mold remediation at a Detroit air traffic control tower had no distinct duty to employees that claim mold made them ill after the remediation was allegedly not properly completed, apart from the contract they signed with the Federal Aviation Administration (FAA) (Teresa Bennett, et al. v. MIS Corporation, et. al., No. 07-14005, E.D. Mich., Southern Div.; 2008 U.S. Dist. LEXIS 67944; See August 2007, Page 5). Full story on lexis.com

Judge Finds Mold Claims Cannot Survive Without Expert Opinion, Dismisses Action
WASHINGTON, D.C. - After finding that the expert opinions on whether two tenants suffered illnesses caused by mold in their apartment complex and on causation were not sufficiently grounded in scientifically valid principles, a federal judge on Sept. 8 found that without such medical opinion their legal claims cannot survive (Denicole Young and Vanessa Ghee v. William F. Burton and Lewis and Tompkins P.C., No. 07cv0983, D. D.C.; 2008 U.S. Dist. LEXIS 67792). Full story on lexis.com

Louisiana Court Finds Hotel Owner Had No Knowledge Of Moisture / Mold
NEW ORLEANS - A Louisiana appeals court on Aug. 27 found that employees of a hotel alleging illnesses caused by exposure to toxic mold at work failed to show that the former owner had knowledge of moisture problems before it transferred the property to another entity (Philip Bayer, et al. v. Omni Hotels Management Corp., et al., No. 2007-CA-0866., La. App., 4th Cir.; 2008 La. App. LEXIS 1188). Full story on lexis.com

Judge Finds Hotel Mold / Water Claims Are Barred Under Policy
HONOLULU - A federal judge on Aug. 22 granted summary judgment in favor of an insurer after finding that mold and water damage claims alleged by a Hawaiian hotel owner are barred under the policies' two-year limitation periods for filing claims (Laeroc Waikiki Parkside LLC v. Westchester Fire Insurance Co., et al., No. 06-00006 SOM/LEK, D. Hawaii; 2008 U.S. Dist. LEXIS 65711). Full story on lexis.com

Arkansas Court Remands Action For Recalculation Of Mold / Defect Damages
LITTLE ROCK, Ark. - An Arkansas appeals court on Sept. 24 reversed a ruling for the sellers of a home that allegedly contained defects that resulted in mold, remanding the case for a recalculation of damages for the purchaser of the property (Eugene Shea v. Leonard Coran and Bertha Coran, No. CA07-1259, Ark. App., Div. 2; 2008 Ark. App. LEXIS 615). Full story on lexis.com

Judge Dismisses Claims Against Sears In Defective Washer Class Action
CHICAGO - After finding that certain claims against Sears Roebuck and Co. asserted by a class of people alleging that they purchased faulty washing machines that suffered electronic failures and grew mold were insufficient to proceed under Illinois law, a federal judge on Sept. 30 dismissed various counts of the amended complaint (Susan Munch, et al. v. Sears Roebuck and Co., No. 06 C 7023 consolidated with No. 07 C 412, N.D. Ill., E. Div.; 2008 U.S. Dist. LEXIS 76822; See September 2007, Page 5). Full story on lexis.com

Panel Affirms Decision For Landlord, Finds No Prejudice Toward Tenants
SANTA ANA, Calif. - Although finding that a trial court erred when it refused to admit the deposition testimony of a landlord in which he admitted to knowing about mold and moisture problems before renting the property, a California appeals panel on Aug. 29 found that the error did not warrant reversal because the tenants failed to demonstrate prejudice (Terri Alkayali, et al. v. Randy Logan, No. G036819, Calif. App., 4th Dist., Div. 3; 2008 Cal. App. Unpub. LEXIS 7162). Full story on lexis.com

Insurer Has No Duty To Indemnify Defects Settlement, Judge Says
INDIANAPOLIS - Finding no "property damage" caused by an "occurrence," an Indiana federal judge ruled Aug. 29 that an insurer has no duty to indemnify a general contractor for a settlement over substandard construction performed by subcontractors and that the insurer did not act in bad faith in the denial of coverage (Westfield Insurance Co. v. Sheehan Construction Co. Inc., et al., No. 05-0617, S.D. Ind.; 2008 U.S. Dist. LEXIS 66843). Full story on lexis.com