LexisNexis® Legal Newsroom
Mealey's IP/Tech - In Apple FaceTime Patent Retrial, Texas Jury Awards VirnetX $625 Million

TYLER, Texas - A Texas federal jury on Feb. 3 found that Apple Inc. infringed four patents with its FaceTime and VPN OnDemand features, awarding more than $625 million to tech firm VirnetX in the case's second jury trial (VirnetX Inc. v. Apple Inc., No. 6:12-cv-00855, E.D. Texas).

Mealey's Banking & Finance - Wells Fargo Reaches $1.2 Billion Settlement Over FHA Lending Claims

WASHINGTON, D.C. - Wells Fargo & Co. on Feb. 3 announced that it has reached a preliminary $1.2 billion settlement with the federal government that will resolve claims pending against it in relation to its Federal Housing Administration (FHA) lending program.

Mealey's PI/Product Liability - 7th Circuit Affirms Dismissal Of Generic Drug Claim On Federal Preemption

CHICAGO - A federal appeals court panel on Feb. 3 affirmed dismissal of plaintiff's claims against Qualitest Pharmaceuticals Inc., finding that his claims involving the generic drug allopurinol are preempted (Michael Houston v. United States of America, et al., No. 15-2411, 7th Cir.; 2016 U.S. App...

Mealey's Insurance - 5th Circuit Panel Affirms Dismissal, Says Claimant Did Not Exhaust All Remedies

NEW ORLEANS - Because a disability claimant failed to prove that he exhausted all administrative remedies after an insurer denied a long-term disability claim, a district court did not err in dismissing the claimant's suit, the Fifth Circuit U.S. Court of Appeals said Feb. 3 (James L. Moss M.D. v...

Mealey's Insurance - Federal Judge Dismisses Extracontractual Claims In Insurance Bad Faith Suit

SHERMAN, Texas - Without providing further detail, a federal judge in Texas on Feb. 2 granted an insurer's motion to dismiss extracontractual claims in an insurance breach of contract and bad faith lawsuit (Cathy Broxterman v. State Farm Lloyds, No. 14-661, E.D. Texas; 2016 U.S. Dist. LEXIS 11824...

Mealey's Litigation Procedure - Italian Bondholders Reach Preliminary Settlement Of ICSID Case With Argentina

WASHINGTON, D.C. - A task force representing thousands of Italian bondholders and an Argentine ministry on Feb. 2 announced that they have reached a preliminary settlement for the payment of defaulted bonds, possibly ending an arbitration that was registered by the International Centre for Settlement...

Mealey's PI/Product Liability - New Jersey Panel Reverses Ruling Finding Association's Defects Claims Untimely

TRENTON, N.J. - A condominium owners' association's construction defects claims against a general contractor and three subcontractors did not begin to accrue until the individual unit owners had full control of the association's board, a New Jersey Superior Court Appellate Division ruled...

Mealey's Insurance - Judge: Fact Issues Exist On Additional Insured Status In Construction Defects Case

ORLANDO, Fla. - Genuine issues of material fact exist as to whether a general contractor qualified as an additional insured under a commercial general liability policy and, if so, whether the contractor satisfied the self-insured retention (SIR) endorsement in an underlying construction defects lawsuit...

Mealey's Litigation Procedure - Arbitration Unavailable In Class Action Against Loan Servicer, 4th Circuit Says

RICHMOND, Va. - Unlawful debt collection class allegations against a company associated with tribal payday lender Western Sky Financial are not subject to arbitration because the arbitration agreement at issue impermissibly attempts to sidestep state and federal law in favor of tribal jurisdiction and...

Mealey's PI/Product Liability - Co-Lead Counsel In GM Ignition Switch MDL Oppose Removal

NEW YORK - Plaintiffs' co-lead counsel in the General Motors ignition switch MDL on Feb. 1 rejected claims made by an attorney plaintiffs in the MDL that they acted improperly and should not remain as co-lead counsel following the results of the first bellwether trial in January (In Re: General Motors...

Mealey's Banking & Finance - 3rd Circuit Affirms Dismissal Of Claims Related To Mortgage Transfer

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Feb. 1 affirmed a district court's decision to dismiss a property owner's complaint against Bank of American N.A. (BANA), finding that she failed to submit any evidence to support her claims for violation of the U.S. Constitution and fraud...

Mealey's Insurance - Judge: No Waiver Of Work Product In Insurance Dispute Over Construction Defects

MINNEAPOLIS - An association and a general contractor did not waive work product protection by providing documents to their testifying expert in an insurance coverage dispute involving allegations of defective construction and management of a housing development project, a Minnesota federal judge ruled...

Mealey's Securities/D&O Liability - Judge Grants Preliminary Approval Of $3M Settlement In Securities Class Action

NEW YORK - A federal judge in New York on Feb. 2 granted preliminary approval of a $3 million settlement between shareholders and a pharmaceutical company and certain of its current and former officers and directors who are alleged to have misrepresented several stock transactions and "improper...

Mealey's Toxic Tort/Environmental - Following Recusal, 11th Circuit Again Votes To Rehear Engle Case

ATLANTA - Less than two weeks after announcing that it would revisit its April holding that strict liability and negligence claims asserted in Engle progeny suits are preempted by federal law, an en banc 11th Circuit U.S. Court of Appeals on Feb. 2 vacated its Jan. 21 rehearing order in light of a recusal...

Mealey's Litigation Procedure - Appeals Panel: Court Erred In Denying Appointment Of Expert In Child Porn Case

DETROIT - A Michigan appeals panel on Feb. 2 ruled that a trial court abused its discretion by refusing to appoint a computer forensic expert in a child pornography case when the defendant presented information demonstrating that there is a connection between the facts of the case and the need for a...

Mealey's PI/Product Liability - Summary Judgment Granted In Metal-On-Metal Hip Case; No Defect Evidence Presented

OKLAHOMA CITY - An Oklahoma federal judge on Feb. 3 granted defendant Corin Group PLC summary judgment in a metal-on-metal hip case after finding that the plaintiff lacked evidence of a manufacturing defect (Kyle M. Swisher v. Stryker Corporation, et al., No. 14-28, W.D. Okla.; 2016 U.S. Dist. LEXIS...

Mealey's Labor & Employment - 7th Circuit Reverses Summary Judgment Ruling In Reverse Racism Suit

CHICAGO - The Seventh Circuit U.S. Court of Appeals on Feb. 3 reversed a trial court's grant of summary judgment for employers in a racial discrimination suit filed by a white construction worker (Terry Deets v. Massman Construction Company, et al., No. 15-1411, 7th Cir.; 2016 U.S. App. LEXIS 1770...

Mealey's Insurance - 9th Circuit Upholds Insurer's Summary Judgment In Light Of Conflicting 'Collapse' Meaning

SAN FRANCISCO - Despite the Washington Supreme Court's definition of collapse being different than one used by a district court, the Ninth Circuit U.S. Court of Appeals on Feb. 3 affirmed the entry of summary judgment to an insurer (Queen Anne Park Homeowners Association v. State Farm Fire and Casualty...

Mealey's PI/Product Liability - Last 2 Plaintiffs In Actiq Third-Party Payer Case Stipulate To Dismissal

PHILADELPHIA - A Pennsylvania federal judge on Feb. 3 closed a third-party payer case involving the alleged off-label sales of the pain drug Actiq after the last remaining plaintiffs stipulated to dismissal with prejudice (Employers Mutual Casualty Co. v. Cephalon, Inc., No. 07-4492, E.D. Pa.).

Mealey's Insurance - Judge: Insured Cannot Show $7M Settlement Stemmed From Single Occurrence

MINNEAPOLIS - An insured cannot establish coverage over a $7 million settlement because it followed an occurrence that led to property damage, a Minnesota federal judge ruled Feb. 2, also finding that material fact issues preclude the insured from establishing a right to coverage over all of the repairs...

Mealey's PI/Product Liability - Volkswagen, Honeywell Denied JMOL, New Trial In $4.8M Design Defect Judgment

COLUMBUS, Ga. - A federal judge in Georgia on Feb. 2 denied motions by Volkswagen Group of America Inc. and Honeywell International for judgment as a matter of law (JMOL) or a new trial in a case in which a couple was awarded $4.8 million for injuries the woman sustained when her Volkswagen Passat crashed...

Mealey's Insurance - 'Your Work' Exclusion Bars Insured's Faulty Work, Judge Concludes

JACKSONVILLE, Fla. - Damages from an insured's defective work that resulted in water intrusion are precluded under a "your work" exclusion, a Florida federal judge ruled Feb. 3, finding that an insurer has no duty to defend or indemnify the insured (Auto-Owners Insurance Co. v. Elite Homes...

Mealey's Insurance - Federal Judge: Insured Failed To Plead Factual Allegations In Bad Faith Suit

SHERMAN, Texas - A federal judge in Texas on Feb. 4 granted an insurer's motion for partial summary judgment in an insurance breach of contract and bad faith lawsuit because an insured has failed to state any factual allegations to support her claims (Cathy Broxterman v. State Farm Lloyds, No. 14...

Mealey's Insurance - Federal Judge Remands Insurance Dispute Over Water Damage Claim

LOS ANGELES - A California federal judge on Feb. 2 remanded for lack of subject matter jurisdiction a breach of contract and negligent misrepresentation lawsuit against an insurer and an insurance adjuster over denied coverage for property damage sustained by a water leak (Be Wicked, Inc. v. Travelers...

Mealey's PI/Product Liability - Panel: Takata Should Implement Quality Controls To Prevent Deaths, Injuries

WASHINGTON D.C. - An independent panel of former and current transportation officials and automobile industry experts convened by Takata Corp. on Feb. 2 released a report concluding that Takata must make "significant improvements across the quality spectrum," including improving its testing...