LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Equitable Tolling Applies To Suits Under FTCA, Split Supreme Court Rules

WASHINGTON, D.C. - The time limits set forth for suits against the federal government in Section 2401(b) of the Federal Tort Claims Act (FTCA) are subject to equitable tolling, the U.S. Supreme Court ruled April 22 in a 5-4 decision (United States v. Kwai Fun Wong, No. 13-1074 and United States v. Marlene...

Mealey's Insurance - 5th Circuit Finds Judge Did Not Err When Recalculating Restitution

NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on April 21 ruled that a federal judge in Texas did not err when ordering a physician couple to pay $37 million in restitution as part of their guilty plea to a 10-year-long insurance fraud scheme, holding that the judge correctly applied the...

Mealey's Insurance - No Coverage For $1.75M Legal Malpractice Judgment, D.C. Panel Affirms

WASHINGTON, D.C. - The District of Columbia Circuit U.S. Court of Appeals on April 21 affirmed a lower federal court's ruling that a professional liability insurer has no duty to cover the costs of a $1.75 million legal malpractice action filed against a law firm insured and two of its attorneys...

Mealey's Insurance - 5th Circuit: Judge Erred When Using Intended Loss To Sentence Fraud Defendant

NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on April 21 affirmed the conviction of a man found guilty of obtaining stranger-obtained life insurance (STOLI) policies for unqualified applicants, but ordered a federal judge in Texas to recalculate the man's sentence and restitution amount...

Mealey's PI/Product Liability - Florida Jury Awards $46.5 Million To Longtime Smoker With COPD

FORT LAUDERDALE, Fla. - A state court jury awarded $25 million in punitive damages April 21 to a man who alleged that his chronic obstructive pulmonary disease (COPD) was caused by his 40 years of smoking cigarettes manufactured by R.J. Reynolds Tobacco Co. (Thomas Ryan v. R.J. Reynolds Tobacco Co.,...

Mealey's Insurance - Advertising Injury Coverage Not Triggered, Maryland Majority Says In Reversal

ANNAPOLIS, Md. - A majority of the Maryland Court of Appeals held April 21 that underlying claims against a light designer and manufacturer insured did not trigger the "advertising injury" coverage under two commercial general liability insurance policies because there was no causation between...

Mealey's PI/Product Liability - Minnesota Appeals Court: Some Infuse Claims Are Preempted; Others Aren't

ST. PAUL, Minn. - A Minnesota state appeals court panel on April 20 held that failure-to-warn and design defect claims involving off-label promotion of Medtronic Inc.'s Infuse bone growth protein are preempted by federal law but claims based on failure to timely report adverse events and breach of...

Mealey's Labor & Employment - Judicial Review Of MPPAA Arbitration Requires Complaint, 4th Circuit Rules

RICHMOND, Va. - A multiemployer pension fund properly filed a complaint in federal district court to seek review of an arbitration order related to the fund's assessment of withdrawal liability under the Multiemployer Pension Plan Amendments Act of 1980 (MPPAA), the Fourth Circuit U.S. Court of Appeals...

Mealey's Insurance - District Court Applied Incorrect Standard Of Review, 9th Circuit Panel Says

SAN FRANCISCO - A District Court erred in applying an abuse-of-discretion standard of review to a benefits denial suit because the summary plan description (SPD) does not constitute the plan document as the insurer argued, the Ninth Circuit U.S. Court of Appeals said April 21 in vacating and remanding...

Mealey's Litigation Procedure - PCA Says It Will Consider China's Position Paper As Pleas On Jurisdiction

THE HAGUE, Netherlands - After the People's Republic of China failed to respond to arbitration commenced by the Republic of the Philippines in relation to a maritime dispute, a tribunal for the Permanent Court of Arbitration (PCA) on April 21 ordered that it will consider communications, including...

Mealey's PI/Product Liability - MDL Judge Approves Settlement Of Brain Injury Class Action Against NFL

PHILADELPHIA - The federal judge overseeing the multidistrict litigation against the National Football League on April 22 gave final approval to a settlement of the litigation that makes upward of $765 million available to former players who suffer from brain injuries (In re: National Football League...

Mealey's Insurance - Insurer Did Not Act In Bad Faith In Partially Denying Coverage, Judge Rules

OKLAHOMA CITY - A federal judge in Oklahoma on April 20 granted in part and denied in part an insurer's motion for summary judgment in an insurance bad faith lawsuit, ruling that an insured failed to show that the insurer acted in bad faith in partially denying coverage to the insured under a homeowners...

Mealey's Litigation Procedure - 1st Circuit Vacates Ruling For State In Foster Kids' Suit Over Treatment

BOSTON - The First Circuit U.S. Court of Appeals on April 21 vacated a ruling in favor of the State of Rhode Island in a lawsuit filed on behalf of foster children who allege that the state's failures left them exposed to an unreasonable risk of harm (Danny B., by next of friend Gregory C. Elliott...

Mealey's Insurance - No Coverage Owed For Oil Spill On Insured's Property, Maine Federal Judge Says

PORTLAND, Maine - A Maine federal judge on April 22 denied an insured's motion for summary judgment after determining that no coverage exists for an oil spill because a tanker trailer used to store the oil on the insured's property is not an auto covered for pollution expenses but rather a piece...

Mealey's IP/Tech - Target Files Notice Of Consumer Class Settlement In Data Breach Suit

MINNEAPOLIS - A month after a settlement agreement between Target Corp. and a consumer class in a lawsuit over a 2013 data breach was preliminarily approved by a federal judge, the retailer on April 22 filed notice of the proposed settlement with an estimated 60 million customers in Minnesota federal...

Mealey's PI/Product Liability - Florida Jury Returns Verdict For Reynolds, Philip Morris In COPD Suit

MIAMI - A Florida state court jury returned a defense verdict April 23 in a suit alleging that a woman's chronic pulmonary disease (COPD) and death were caused by her more than 30 years of smoking cigarettes manufactured by Philip Morris USA Inc. and R.J. Reynolds Tobacco Co. (Tina Russo, et al....

Mealey's PI/Product Liability - C.R. Bard Asks 4th Circuit To OK 510(k) Evidence In Pelvic Mesh Trials

RICHMOND, Va. - Plaintiffs who won $2 million in the first C.R. Bard Inc. pelvic mesh trial on April 21 opposed a defense motion to expedite review by the Fourth Circuit U.S. Court of Appeals of a multidistrict litigation court's exclusion of the so-called 510(k) defense (Donna Cisson, et al. v....

Mealey's Insurance - BP Seeks Rehearing Of Texas High Court's Opinion In Gulf Oil Spill Coverage Suit

AUSTIN, Texas - BP Exploration & Production and its affiliates on April 22 filed a motion for rehearing in the Texas Supreme Court, arguing that the court incorrectly limited the additional insured status of BP by incorporating restrictions included in BP's drilling contract with the owner of...

Mealey's Insurance - 9th Circuit Affirms Ruling In Favor Of Claimant; Correct Standard Of Review Applied

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on April 22 determined that a district court correctly applied an abuse of discretion standard of review in a disability benefits suit and correctly determined that the claimant is owed benefits under the policy (R. Jeffrey Evans v. Sun Life &...

Mealey's Toxic Tort/Environmental - Washington State Jury Awards $3.6 Million In 'Take-Home' Asbestos Case

SEATTLE - A Washington jury on April 21 awarded a woman $3.6 million and held an insulation company liable for her exposure to asbestos while laundering her husband's work clothing (Estate of Barbara Brandes v. Brand Insulation Inc., No. 14-2-21662-9 SEA, Wash. Super., King Co.).

Mealey's PI/Product Liability - Family Of NFL Player Seeks Transfer Of Suit To California Federal Court

PHILADELPHIA - The family of former professional football player Junior Seau on April 22 asked the federal judge overseeing the multidistrict litigation against the National Football League to schedule a status conference to discuss their request to transfer their wrongful death action to the U.S. District...

Mealey's IP/Tech - 4th Circuit Sides With Trademark Office In Attorney Fee Dispute

RICHMOND, Va. - The imposition of all expenses on a plaintiff in an ex parte trademark proceeding, regardless of whether that plaintiff prevails, "does not constitute fee-shifting that implicates the American Rule," a divided Fourth Circuit U.S. Court of Appeals ruled April 23 (Milo Shammas...

Mealey's Toxic Tort/Environmental - Texas Court Rejects New Trial In Long-Running Asbestos Dispute

BEAUMONT, Texas - A judge improperly found that hotly contested evidence in an asbestos case could not support a jury's finding for a premises owner, a Texas appeals court held April 23 (In re: E.I. DuPont de Nemours & Co., No. 09-14-00465-CV, Texas App., 9th Dist.; 2015 Tex. App. LEXIS 4072...

Mealey's PI/Product Liability - Idaho Appeals Court Reinstates Suit Against Owner Of Biting Dog

BOISE, Idaho - A state trial judge erred in entering summary judgment for the owner of a dog who bit a visitor to her home after being involved in two previous incidents, an Idaho appeals court ruled April 21 (Stephen Boswell, et al. v. Amber Dawn Steele, et al., No. 41684, Idaho App.).

Mealey's PI/Product Liability - Tennessee Appeals Court Reverses Ruling Awarding Damages To Builder

KNOXVILLE, Tenn. - A Tennessee Court of Appeals panel on April 23 overturned a trial court's ruling awarding $4,103 to a home builder after finding that a couple should not be required to pay the defendant for work it performed to repair defective work (Richard Harkleroad, et al. v. Frontier Building...