Judge Excludes Testimony On Mold Illness After Daubert Hearing
WASHINGTON, D.C. - After determining that an expert's 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 July 22 granted a motion to exclude the expert's testimony in a legal malpractice lawsuit filed by the tenants (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 57446). Full story on lexis.com

Judge Excludes Expert Testimony, Finds No Evidence Of Causation
NEW ORLEANS - After finding that the opinions of three experts regarding mold contamination in an apartment that allegedly caused tenants to suffer personal injuries failed to show medical causation, a federal judge on June 27 issued an order excluding their testimonies (Heather Jenkins, et al. v. Slidella L.L.C., et al., No. 05-370, E.D. La.; 2008 U.S. Dist. LEXIS 49204). Full story on lexis.com

Judge's Family Claims Mold In Florida Courthouse Caused His Death
MIAMI - The children of a federal magistrate judge who died after contracting a pulmonary-related infection on July 21 filed a lawsuit in a Florida court against various contractors, alleging that the magistrate's death was caused by toxic mold contamination in his courthouse (Andrew Klein and Jennifer Klein, as co-personal representatives of the estate of the Honorable Theodore Klein v. Certified Roofing, Inc., et al., No. 08-41810 CA 10, Fla. Cir., Miami-Dade Co.). Full story on lexis.com

Court Reverses Ruling For Seller, Finds Evidence Of Negligent Repairs
ATLANTA - A Georgia appeals court on July 14 affirmed rulings in favor of a real estate agent and company but reversed a ruling in favor of the seller of a townhome on a claim that it negligently repaired a property that the buyer alleged contained defects and was contaminated with mold (Asuamah v. Haley, et al.; Asuamah v. Cendant Mobility Financial Corp., No. A08A0209, A08A0210, Ga. App., 4th Div.; 2008 Ga. App. LEXIS 848). Full story on lexis.com

10th Circuit Affirms Ruling For Air Force, Denys Family's Mold Claims
DENVER - An appeals panel on July 15 affirmed a federal court's ruling denying various claims asserted by a family alleging that they sustained personal injuries caused by mold while living in a military housing unit, finding that the actions of the U.S. Air Force fell within the discretionary function exception (Dennis Dionicio Garcia, as personal representative of the estate of Marcelino Garcia, et al. v. United States Air Force, et al., No. 07-2106, 10th Cir.; 2008 U.S. App. LEXIS 14981). Full story on lexis.com

Court Finds Insurer Had No Liability To Sellers Of Allegedly Defective Home
LOS ANGELES - A California appeals panel on July 14 affirmed a trial court's decision that an insurer did not have a duty to defend the sellers of a home that allegedly contained defects and mold, finding that the policy did not exist at the time of sale and that the insureds' claims were excluded under the policy (Edward N. Miller, et al. v. Mercury Casualty Co., No. B197080, Calif. App., 2nd Dist., Div. 7; 2008 Cal. App. Unpub. LEXIS 5633). Full story on lexis.com

Illinois Appeals Court Finds Mold Damage Is Not A Covered Loss
ELGIN, Ill. - An Illinois appeals court on June 24 found that claims for mold remediation were not covered losses under an insurance policy, affirming a trial court ruling to deny the homeowners coverage for mold claims (Karl DeVore and Diana DeVore v. American Family Mutual Insurance Co., No., 2-07-0154, Ill. App., 2nd Dist.; 2008 Ill. App. LEXIS 639). Full story on lexis.com

Florida Court Affirms Ruling To Deny Coverage For Continuous Leak
WEST PALM BEACH, Fla. - A Florida appeals court on July 16 affirmed a trial court's finding that an insurer was not liable for providing insurance coverage for a claim filed by homeowners seeking payment for damage caused by a continuous water leak in their house while it was unoccupied (Edward Hoey and Helen Hoey v. State Farm Florida Insurance Co., No. 4D07-2750, Fla. App., 4th Dist.; 2008 Fla. App. LEXIS 10870). Full story on lexis.com

Motor Home Owner Awarded $331,133; Maker Found Liable For Leak
SAN JOSE, Calif. - A federal judge on July 17 found that a motor home manufacturer was liable for a roof leak in a motor home that led to rust and mold damage, ordering it to pay the owner $331,133 in exchange for the return of the vehicle (Mark Houston v. Country Coach Inc., No. C 07-00859 HRL, N.D. Calif.; 2008 U.S. Dist. LEXIS 54445). Full story on lexis.com

Court Finds Arbitration Clause Does Not Apply To Condo Mold Claims
SAN FRANCISCO - A California appeals panel on July 23 affirmed a trial court's finding that an arbitration agreement does not apply to claims asserted by a group of condominium owners who allege that the sellers of the properties knowingly concealed moldy and unhealthful conditions so that the residents would purchase them (Peter V. Thompson, et al. v. Toll Dublin, LLC, et al., No. A116856, Calif. App., 1st Dist., Div. 2; 2008 Cal. App. Unpub. LEXIS 5941). Full story on lexis.com