LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Judge In GM MDL Denies Broad-Based Order Protecting Pretrial Discovery Materials

NEW YORK - The federal judge overseeing the multidistrict ignition-switch litigation against General Motors LLC (New GM) on July 24 denied the automaker's request for a broad-based order enjoining the use of pretrial discovery materials for nonlitigation purposes (In re: General Motors LLC Ignition...

Mealey's IP/Tech - Federal Circuit Reverses, Remands Judgment Of Patent Invalidity

WASHINGTON, D.C. - A Wisconsin federal judge's decision to grant judgment as a matter of law that various claims of three patents are invalid as obvious was reversed and remanded by the Federal Circuit U.S. Court of Appeals on July 28 (Circuit Check Inc. v. QXQ Inc., No. 15-1155, Fed. Cir.).

Mealey's IP/Tech - Judge Finds Internet Rebroadcaster May Be Entitled To Compulsory License

LOS ANGELES - A company that rebroadcasts copyrighted programs over the Internet may be entitled to a compulsory license under Section 111 of the Copyright Act, a California federal judge ruled July 24, distinguishing the case from a recent related U.S. Supreme Court ruling and disagreeing with a Second...

Mealey's Litigation Procedure - D.C. Federal Judge Denies 2 Motions To Modify $680M Farming Settlement

WASHINGTON, D.C. - A District of Columbia federal judge on July 24 acknowledged that "the claims process failed" in a 2011 $680 million settlement reached between Native American farmers and the U.S. secretary of Agriculture in a class suit over discriminatory government loan processing; however...

Mealey's Insurance - N.J. Panel: Court Abused Its Discretion In Ordering Insurers To Produce Documents

TRENTON, N.J. - A New Jersey appeals panel on July 27 found that a lower court erred when it ordered two insurers to produce withheld and redacted documents in a Superstorm Sandy warehouse fire coverage dispute, reversing and remanding for the court to conduct a careful in camera inspection of the requested...

Mealey's Litigation Procedure - 2nd Circuit Upholds Fraud Convictions, Coin Experts' Testimony

NEW YORK - A federal court did not abuse its discretion in allowing two coin-grading experts to testify at a trial in which two men were found guilty of defrauding customers of their coin-selling businesses, the Second Circuit U.S. Court of Appeals held July 27, finding that "it clearly was appropriate...

Mealey's Securities/D&O Liability - Class Certified In Halliburton Securities Class Action Lawsuit

DALLAS - A federal judge in Texas on July 25 granted in part an investor's motion for class certification in a securities class action lawsuit, ruling that the investor has properly pleaded a corrective disclosure that led to a price impact on the part of Halliburton Co. and its former CEO with regard...

Mealey's IP/Tech - Federal Circuit: No Error In Dismissal Of Patent Case On Jurisdiction Grounds

WASHINGTON, D.C. - A California federal judge did not err in finding that a cease-and-desist letter that demands an end to purported patent infringement is insufficient to confer general personal jurisdiction over the sender, the Federal Circuit U.S. Court of Appeals ruled July 28 (Petzilla Inc. v. Anser...

Mealey's Labor & Employment - D.C. Circuit Partially Affirms Labor Board's Ruling In Union Dispute

WASHINGTON, D.C. - The District of Columbia Circuit U.S. Court of Appeals on July 24 affirmed in part and reversed in part the National Labor Relations Board's decision in a meat-processing plant's union organizing dispute (Bruce Packaging Company, Inc. v. National Labor Relations Board, No....

Mealey's Labor & Employment - Split D.C. Circuit: No Tolling For Worker Who Didn't Give EEOC His New Address

WASHINGTON, D.C. - A complainant who failed to update his mailing address with the Equal Employment Opportunity Commission and, as a result, did not receive his right-to-sue notice when it was first sent is not entitled to equitable tolling, a split District of Columbia Circuit U.S. Court of Appeals...

Mealey's Antitrust/Unfair Competition - Federal Judge Allows Claims Based On Safe Harbor To Continue In Labeling Dispute

SAN DIEGO - In ruling on a motion to dismiss in a class action lawsuit accusing the manufacturer of Maker's Mark whiskey of deceptive advertising and business practices, a federal judge in California on July 27 dismissed state unfair competition law (UCL) and False Advertising Law (FAL) claims based...

Mealey's Antitrust/Unfair Competition - California Judge Dismisses UCL, False Advertising Claims Over Phone App

FRESNO, Calif. - A federal judge in California on July 24 dismissed with leave to amend claims under the state's False Advertising Law (FAL) and unfair competition law (UCL) as they related to an omission by the defendant that additional fees may be imposed after the purchase of an application used...

Mealey's PI/Product Liability - Judge: Economic-Loss Doctrine Bars Class Action Suit Over Corrugated Steel Tubing

BALTIMORE - A federal judge in Maryland on July 27 found that a proposed class for homeowners whose homes have allegedly defective corrugated stainless steel tubing (CSST) made by Ward Manufacturing LLC could not be certified and that the lead plaintiffs failed to state claims upon which relief could...

Mealey's Banking & Finance - 3rd Circuit Rejects Challenge To Certification Of Class Based On Lending Scheme

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on July 29 affirmed a district court's decision to certify a class of borrowers who alleged that two banks engaged in predatory lending practices, finding that all of the requirements for class certification were met (In re: Community Bank of...

Mealey's Securities/D&O Liability - Judge: Pension Fund Failed To Plead Scienter In Securities Class Action

LOS ANGELES - A federal judge in California on July 28 granted a motion to dismiss filed by defendants in a securities class action lawsuit, ruling that a pension fund failed to properly plead scienter as statutorily required (In re Herbalife Ltd. Securities Litigation, No. 14-2850, C.D. Calif.).

Mealey's IP/Tech - Federal Circuit Affirms Denial Of Stay For Apple, Reverses For Samsung

WASHINGTON, D.C. - A Texas federal judge's order denying motions by various defendants to stay patent infringement litigation pending the outcome of a covered business method (CBM) review was partly affirmed July 30 by the Federal Circuit U.S. Court of Appeals (Smartflash LLC et al. v. Apple Inc...

Mealey's PI/Product Liability - Appeals Court: Building Code Does Not Create Duty To Subsequent Buyer

PHOENIX - A 2-1 panel of the Division I Arizona Court of Appeals ruled July 28 that a trial court judge properly dismissed a couple's negligence claim against Pulte Home Corp. over the construction of an allegedly defective retaining wall, holding that the City of Phoenix Uniform Building Code creates...

Mealey's Toxic Tort/Environmental - 4th Circuit Affirms Ruling Ordering Man To Pay Restitution For Diluting Oil

RICHMOND, Va. - A federal judge in North Carolina did not err when ordering a man to pay restitution to the U.S. Environmental Protection Agency, an oil company and his insurer as a result of his violation of the Toxic Substances Control Act (TSCA), a Fourth Circuit U.S. Court of Appeals ruled July 29...

Mealey's IP/Tech - 9th Circuit Reverses, Says Photo Agency Has Standing In Copyright Case

SAN FRANCISCO - A California federal judge erred in holding that a licensing agent for photographers lacks statutory standing under the Copyright Act to sue textbook publisher John Wiley & Sons Inc. for copyright infringement, the Ninth Circuit U.S. Court of Appeals ruled July 29 (Minden Pictures...

Mealey's Insurance - Judge Declines To Dismiss Contribution Claim, Finds Insurer Had Duty To Defend

LAS VEGAS - A commercial general liability insurer has a duty to defend and indemnify insureds in 16 underlying construction defect lawsuits, a Nevada federal judge ruled July 29, declining to dismiss a contribution claim filed by three other insurers who defended the insureds (Assurance Company of America...

Mealey's Insurance - Special Entity Exclusion Bars Coverage In Bad Faith Suit, Federal Judge Rules

DENVER - Summary judgment in an insurance bad faith lawsuit is proper, a federal judge in Colorado ruled July 29, because the claims stated by an insured were excluded under a specific entity exclusion clause in the policy (P&S LLC v. National Union Fire Insurance Company of Pittsburgh, PA, No. 14...

Mealey's Litigation Procedure - Class Certification Denied In Flight-Delay Suit; Counsel Deemed Inadequate

NEW YORK - A New York federal judge on July 27 denied class certification in a suit accusing an airline of violating the Montreal Convention, finding that the plaintiffs failed to show that each Federal Rule of Civil Procedure 23 requirement was met and that the plaintiffs' attorney failed to demonstrate...

Mealey's PI/Product Liability - Most Claims Dismissed In Kugel Patch Case With Leave To Amend

SAN DIEGO - A California federal judge on July 28 dismissed the majority of a plaintiff's claims involving an allegedly defective Kugel surgical patch (Jesus Tapia v. Davol, Inc., et al., No. 15-179, S.D. Calif.; 2015 U.S. Dist. LEXIS 98521).

Mealey's Insurance - Judge: Insurer Legally Justified In Denying Coverage Under Policy

CINCINNATI - Summary judgment is warranted on an insured's insurance bad faith claim because an insurer was legally justified in denying coverage under the insured's policy, a federal judge in Ohio ruled July 27 (Michael R. Schmidt, et al. v. The Travelers Indemnity Company of America, No. 13...

Mealey's Securities/D&O Liability - Report: Securities Class Action Filings Below Average In First Half Of 2015

BOSTON - Although securities class action filings in the first half of 2015 were up over the number of filings from first half of 2014, the number of filings overall still remains below historical semiannual averages, according to a report filed July 29 by economic and financial analysis provider Cornerstone...