LexisNexis® Legal Newsroom
Mealey's Toxic Tort/Environmental - Railroad Company: Paulsboro Chemical Spill Claims Based On 'Improper' Report

CAMDEN, N.J. - The railroad company defendants sued by a New Jersey school district and borough for $5,865,339 in damages for a chemical spill that was the result of a train derailment on April 20 filed a brief in New Jersey federal court, contending that the plaintiffs' allegations are based on a report from the National Transportation Safety Board (NTSB) that is "improper and inadmissible" (Paulsboro Public Schools, et al. v. Consolidated Rail Corporation, et al., No.14-07431, D. N.J.).

Mealey's Insurance - New York Federal Judge Denies Motion To Review, Says No New Evidence Presented

NEW YORK - A New York federal judge on April 15 denied an insurer's motion for reconsideration on the basis that the insurer failed to offer any new evidence or point to any changes in controlling law that would support reviewing the federal court's earlier decision in favor of a reinsurer (Global Reinsurance Corporation of America v. Century Indemnity Company, No. 13-cv-06577, S.D. N.Y.; 2015 U.S. Dist. LEXIS 50236).

Mealey's Insurance - Judge: Coverage For University Building's Damage To Be Determined On Pro-Rata Basis

HATTIESBURG, Miss. - A Mississippi federal judge on April 13 found that coverage for tornado damage to a building owned by the University of Southern Mississippi and leased to a nonprofit corporation is to be determined on a pro-rata basis according to the coverage limits of the university's policy and the nonprofit's policy and that the $500 million total limit of the university's policy is to be used in the pro-rata calculation (Southern Insurance Co. v. Affiliated FM Insurance Co., et al., No. 13-263, S.D. Miss., Eastern Div.; 2015 U.S. Dist. LEXIS 48217).

Mealey's IP/Tech - Federal Circuit Affirms: Patent Is Invalid As Anticipated

WASHINGTON, D.C. - A Texas federal judge properly deemed a patented polyethylene-based composition for the use of forming shaped products anticipated, the Federal Circuit U.S. Court of Appeals ruled April 16 (Ineos USA LLC v. Berry Plastic Corporation, No. 14-1540, Fed. Cir.).

Mealey's Toxic Tort/Environmental - Residents: Exxon Liable For 'Unreasonable Interference' In Pipeline Lawsuit

LITTLE ROCK, Ark. - A group of Arkansas residents who are suing Exxon Mobile Corp. for injuries related to easements for the company's Pegasus Pipeline on April 13 filed a brief in Arkansas federal court, arguing that the judge presiding over the case should alter or amend his ruling dismissing the case on grounds that new evidence shows that "Exxon's unreasonable interference" with the residents' property was suppressed (Rudy F. Webb, et al. v. Exxon Mobil Corporation, et al., No. 13CV232 BSM, E.D. Ark.).

Mealey's PI/Product Liability - 3rd Circuit: Dodd-Frank Does Not Revive Retaliation Suit Against Device Maker

PHILADELPHIA - A federal appeals panel on April 13 affirmed dismissal of a whistle-blower's retaliation claim against a medical device maker, rejecting his argument that the protections of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 can be applied retroactively (United States of America, ex rel. Ehab Sefen v. Animas Corporation, et al., No. 14-3205, 3rd Cir.; 2015 U.S. App. LEXIS 5963).

Mealey's PI/Product Liability - Appeal Of Zometa Jaw Injury Defense Verdict Dismissed After 'Amicable' Resolution

TRENTON, N.J. - A plaintiff's appeal of a 2013 Zometa defense verdict in New Jersey state court was dismissed April 9 after the plaintiff and defendant Novartis Pharmaceuticals Corp. announced that the case has been "amicably resolved" (Beverly Meng v. Novartis Pharmaceuticals Corporation, No. A-5220-12T1, N.J. Super., App. Div.).

Mealey's Litigation Procedure - Magistrate Judge Sanctions Roofing Adhesive Maker Over Delayed Production

FORT LAUDERDALE, Fla. - Building Materials Corp. of America, doing business as GAF Materials Corp. (GAF), was ordered by a federal magistrate judge in Florida on April 8 to pay $500 in sanctions for its delayed production of information about similar lawsuits over allegedly defective roofing adhesive, after the magistrate found that the defendant company's action caused Thermoset Corp. to incur additional expenses (Thermoset Corporation v. Building Materials Corp. of America, et al., No. 14-60268-CIV-COHEN-SELTZER, S.D. Fla.; 2015 U.S. Dist. LEXIS 45924).

Mealey's Toxic Tort/Environmental - Bankruptcy Judge Confirms Yarway's $325 Million Chapter 11 Plan

WILMINGTON, Del. - A Delaware federal bankruptcy judge on April 8 confirmed a reorganization plan for Chapter 11 debtor Yarway Corp. that establishes a $325 million trust to process and pay thousands of asbestos injury and wrongful death claims (In re: Yarway Corporation, No. 13-11025, D. Del. Bkcy.).

Mealey's PI/Product Liability - Magistrate Judge Sanctions Roofing Adhesive Maker Over Delayed Production

FORT LAUDERDALE, Fla. - Building Materials Corp. of America, doing business as GAF Materials Corp. (GAF), was ordered by a federal magistrate judge in Florida on April 8 to pay $500 in sanctions for its delayed production of information about similar lawsuits over allegedly defective roofing adhesive, after the magistrate found that the defendant company's action caused Thermoset Corp. to incur additional expenses (Thermoset Corporation v. Building Materials Corp. of America, et al., No. 14-60268-CIV-COHEN-SELTZER, S.D. Fla.; 2015 U.S. Dist. LEXIS 45924).

Mealey's Bankruptcy - Bankruptcy Judge Confirms Yarway's $325 Million Chapter 11 Plan

WILMINGTON, Del. - A Delaware federal bankruptcy judge on April 8 confirmed a reorganization plan for Chapter 11 debtor Yarway Corp. that establishes a $325 million trust to process and pay thousands of asbestos injury and wrongful death claims (In re: Yarway Corporation, No. 13-11025, D. Del. Bkcy.).

Mealey's PI/Product Liability - Judge: Roof Installer's Lack Of Expert Evidence Dooms Suit Over Adhesive

FORT LAUDERDALE, Fla. - A federal judge in Florida on April 9 awarded summary judgment to the maker of a roofing adhesive and the company that distributed it after finding that a roof installer's failure to present expert evidence to support its argument that the product was defective is fatal to its claims (Thermoset Corporation v. Building Materials Corp. of America, et al., No. 14-60268-CIV-COHEN-SELTZER, S.D. Fla.).

Mealey's Toxic Tort/Environmental - Fracking Company Seeks To Amend Answer In Tainted Groundwater Lawsuit

HARRISBURG, Pa. - A hydraulic fracturing company sued by Pennsylvania residents who contend that the company is liable for contaminating their groundwater on April 8 moved in Pennsylvania federal court for permission to file an amended answer to the complaint, contending that circumstances in the case have "changed greatly" since the company filed its answer to the original complaint more than four years ago (Nolen Scott Ely v. Hon. Martin C. Carlson Cabot Oil & Gas Corporation, et al., No. 09-2284, M.D. Pa.).

Mealey's Toxic Tort/Environmental - Parties Respond To Motions Seeking Exclusion Of Expert Opinions, Bankruptcy Order

LOS ANGELES - Crane Co. and a couple alleging asbestos exposure on March 6 filed response briefs in a California federal court, opposing motions seeking the exclusion of expert testimony that "each and every exposure" significantly contributes to disease and an order in a recent bankruptcy case (Howard Utech, an individual, Joann Utech, an individual v. Asbestos Corporation Limited, et al., No. 14-4977, C.D. Calif.).

Mealey's IP/Tech - Dismissal Denied By Alabama Federal Judge In Trademark Case

BIRMINGHAM, Ala. - A dispute over the "Portarrest" trademark will proceed in Alabama federal court, thanks to an April 7 ruling by a federal judge (Engineered Arresting Systems Corporation v. Atech Inc. et al., No. 14-518, N.D. Ala.; 2015 U.S. Dist. LEXIS 44999).

Mealey's Litigation Procedure - Federal Judge Refuses To Issue Sanctions In Dispute Over Mineral Deposits

NEWARK, N.J. - A New Jersey federal judge on April 6 denied a Chinese entity's motion for sanctions prohibiting a corporation from using Hong Kong banking records in the present action, finding that the facts of the case did not warrant the imposition of sanctions (Minmetals Inc. v. Dragon Boom Ltd., et al., No. 2:13cv3834, D. N.J.; 2015 U.S. Dist. LEXIS 44573).

Mealey's IP/Tech - Illinois Federal Judge Sanctions Attorneys In Patent Litigation

CHICAGO - A federal judge in Illinois on April 3 found that conduct by four Niro, Scavone, Haller & Niro attorneys in a patent lawsuit is sanctionable under 28 U.S. Code Section 1927 (Intellect Wireless Inc. v. Sharp Corporation, et al., No. 10-6763 N.D. Ill.; 2015 U.S. Dist. LEXIS 44070).

Mealey's Toxic Tort/Environmental - Judge: Maryland Law Governs Pennsylvania's MTBE Claims Against Lukoil

NEW YORK - A federal judge in New York on March 30 ruled that Maryland law governs a dispute between the Commonwealth of Pennsylvania and Lukoil Americas Corp. (LAC) regarding groundwater contamination stemming from the release of methyl tertiary butyl ether (MTBE) (In Re: Methyl Tertiary Butyl Ether Products Liability Litigation, No. 00-1898, MDL 1358, Commonwealth of Pennsylvania v. Exxon Mobil Corporation, No. 14-06228, S.D. N.Y.; 2015 U.S. Dist. LEXIS 42579).

Mealey's Litigation Procedure - Tribunal Issues Decision In UNCITRAL Arbitration Between Ecuador And Texaco

THE HAGUE, Netherlands - A decision by the Permanent Court of Arbitration was released April 2 in which the tribunal issued an award addressing arguments made by Chevron Corp. and its subsidiary Texaco Petroleum Co. (TexPet) in relation to settlement agreements with the Republic of Ecuador (Chevron Corporation, et al. v. The Republic of Ecuador, No. 2009-23, PCA).

Mealey's PI/Product Liability - 'Each And Every Exposure' Testimony, Garlock Order At Issue In In Limine Motions

LOS ANGELES - A couple asked a federal judge in California on March 30 to exclude a bankruptcy trust estimation order critical of asbestos litigation, while three defendants sought to exclude expert testimony that "each and every exposure" contributes to a disease (Howard Utech, an individual, Joann Utech, an individual v. Asbestos Corporation Limited, et al., No. 14-4977, C.D. Calif.).

Mealey's Litigation Procedure - 'Each And Every Exposure' Testimony, Garlock Order At Issue In In Limine Motions

LOS ANGELES - A couple asked a federal judge in California on March 30 to exclude a bankruptcy trust estimation order critical of asbestos litigation, while three defendants sought to exclude expert testimony that "each and every exposure" contributes to a disease (Howard Utech, an individual, Joann Utech, an individual v. Asbestos Corporation Limited, et al., No. 14-4977, C.D. Calif.).

Mealey's Bankruptcy - 'Each And Every Exposure' Testimony, Garlock Order At Issue In In Limine Motions

LOS ANGELES - A couple asked a federal judge in California on March 30 to exclude a bankruptcy trust estimation order critical of asbestos litigation, while three defendants sought to exclude expert testimony that "each and every exposure" contributes to a disease (Howard Utech, an individual, Joann Utech, an individual v. Asbestos Corporation Limited, et al., No. 14-4977, C.D. Calif.).

Mealey's Toxic Tort/Environmental - 'Each And Every Exposure' Testimony, Garlock Order At Issue In In Limine Motions

LOS ANGELES - A couple asked a federal judge in California on March 30 to exclude a bankruptcy trust estimation order critical of asbestos litigation, while three defendants sought to exclude expert testimony that "each and every exposure" contributes to a disease (Howard Utech, an individual, Joann Utech, an individual v. Asbestos Corporation Limited, et al., No. 14-4977, C.D. Calif.).

Mealey's Toxic Tort/Environmental - Judge Awards Default Judgment To Plaintiff Company In CERCLA Suit

CAMDEN, N.J. - A federal judge in New Jersey on March 30 awarded default judgment to Cyprus Mines Corp. after finding that the plaintiff company was entitled to recover under the Comprehensive Environmental Response, Compensation, and Liability Act costs the company incurred in remediating a site in Winslow Township, N.J. (Cyprus Mines Corporation v. M&R Industries Inc., et al., No. 14-04590, D. N.J.; 2015 U.S. Dist. LEXIS 40180).

Mealey's PI/Product Liability - Alabama Supreme Court Upholds $3.3 Million Verdict For Off-Road Vehicle Rollover

MONTGOMERY, Ala. - In a 5-4 ruling, the Alabama Supreme Court on March 27 upheld a $3.3 million jury verdict in a suit brought by a woman who was injured in an accident while driving an off-road vehicle (Jacklyn McMahon, et al. v. Yamaha Motor Corporation U.S.A., et al., No. 1121542, Ala. Sup.; 2015 Ala. LEXIS 40).