LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - ITLOS To Release Advisory Opinion On Illegal Fishing Activities

HAMBURG, Germany - The International Tribunal for the Law of the Sea (ITLOS) on March 12 announced that it will soon release its advisory opinion in relation to a request by the Sub-Regional Fisheries Commission (SRFC) on illegal and unreported fishing activities (In re Sub-Regional Fisheries Commission, No 21, ITLOS).

Mealey's Litigation Procedure - ITLOS To Hold 1st Hearing In Dispute Between Ghana And Cote D'Ivoire

HAMBURG, Germany - The International Tribunal for the Law of the Sea (ITLOS) on March 9 announced that the opening hearing in a dispute over the maritime boundary between Ghana and Cote d'Ivoire will be held later this month (Ghana v. Cote d'Ivoire, No. 23, ITLOS).

Mealey's Health Law - Washington Federal Judge: Supplier Not Entitled To Medicare Reimbursement

TACOMA, Wash. - Upon remand by the Ninth Circuit U.S. Court of Appeals, a Washington federal judge on Feb. 13 determined that the supplier of a piece of durable medical equipment used to treat osteoarthritis of the knee was not entitled to the benefits of any of Medicare's "limited liability" provisions (International Rehabilitative Sciences Inc. v. Sylvia M. Burwell, No. 08-5442, W.D. Wash.; 2015 U.S. Dist. LEXIS 18122).

Mealey's Insurance - Louisiana Federal Judge Denies Motions To Reconsider In Legionnaire'sDisease Suit

NEW ORLEANS - Finding no manifest errors of law or newly discovered evidence in a prior ruling, a Louisiana federal judge on Feb. 4 denied several motions for reconsideration filed by parties to a lawsuit seeking insurance coverage for bodily injuries arising out of Legionnaire's disease (Angela Paternostro, et al. v. Choice Hotel International Services Corp., d/b/a Clarion Inn and Suites, et al., No. 13-0662, E.D. La.; 2015 U.S. Dist. LEXIS 14171).

Mealey's PI/Product Liability - Judge Dismisses Without Prejudice Some Claims Over Allegedly Faulty Decking

TRENTON, N.J. - A federal judge in New Jersey on Jan. 30 dismissed without prejudice state law consumer protection claims brought by a putative class against the maker of Azek decking materials, finding that while they were pleaded with the required level of particularity, the plaintiffs need to provide specific information required by each state's law (In re: AZEK Building Products Inc.; Marketing and Sales Practices Litigation, MDL 2506, Mel Beucler, et al. v. CPG International Inc., et al., No. 12-cv-06627, D. N.J.).

Mealey's Toxic Tort/Environmental - Insurers Have No Duty To Pay For Environmental Investigation, Panel Says

CHICAGO - The First District Illinois Appellate Court on Jan. 21 affirmed a trial court's ruling that insurers have no duty to indemnify an insured for environmental investigation costs because environmental investigation costs are not considered damages under Florida law (Premark International LLC v. Continental Casualty Co., et al., No. 1-13-2760, Ill. App., 1st Dist.; 3rd Div.; 2015 Ill. App. Unpub. LEXIS 93).

Mealey's Insurance - Insurers Have No Duty To Pay For Environmental Investigation, Panel Says

CHICAGO - The First District Illinois Appellate Court on Jan. 21 affirmed a trial court's ruling that insurers have no duty to indemnify an insured for environmental investigation costs because environmental investigation costs are not considered damages under Florida law (Premark International LLC v. Continental Casualty Co., et al., No. 1-13-2760, Ill. App., 1st Dist.; 3rd Div.; 2015 Ill. App. Unpub. LEXIS 93).

Mealey's Labor & Employment - U.S. Supreme Court: Ordinary Contract Law Must Be Applied To Benefits Dispute

WASHINGTON, D.C. - The Sixth Circuit U.S. Court of Appeals erred when it applied the reasoning of its earlier decision in International Union, United Auto, Aerospace & Agricultural Implement Workers of Am. v. Yard-Man, Inc. (716 F.2d 1476) to a dispute over the life of retiree health benefits, a unanimous U.S. Supreme Court ruled Jan. 26, siding with the employer, which argued in favor of applying the ordinary principles of contract law (M&G Polymers USA, LLC, et al. v. Hobert Freel Tackett, et al., No. 13-1010, U.S. Sup.; 2015 U.S. LEXIS 759).

Mealey's Litigation Procedure - Judge Imposes Sanctions On Attorneys For Filing Unfounded Superstorm Sandy Suit

NEWARK, N.J. - A New Jersey federal judge on Jan. 13 revoked the pro hac vice admission of two attorneys and their law firm for one year after they failed to respond to an order to show cause as to why the court should not impose sanctions for filing a Superstorm Sandy lawsuit that lacked basis (Lighthouse Point Marina & Yacht Club LLC v. International Marine Underwriters, No. 14-2974 [WHW][CLW], D. N.J.; 2015 U.S. Dist. LEXIS 3827).

Mealey's Insurance - Judge Imposes Sanctions On Attorneys For Filing Unfounded Superstorm Sandy Suit

NEWARK, N.J. - A New Jersey federal judge on Jan. 13 revoked the pro hac vice admission of two attorneys and their law firm for one year after they failed to respond to an order to show cause as to why the court should not impose sanctions for filing a Superstorm Sandy lawsuit that lacked basis (Lighthouse Point Marina & Yacht Club LLC v. International Marine Underwriters, No. 14-2974 [WHW][CLW], D. N.J.; 2015 U.S. Dist. LEXIS 3827).

Mealey's Litigation Procedure - ITLOS Transfers Maritime Boundary Dispute To Special Judges' Chambers

HAMBURG, Germany - Based on an agreement by the parties, the International Tribunal for the Law of the Sea (ITLOS) on Jan. 12 transferred a dispute over the delimitation of the maritime boundary between Ghana and Cote D'Ivoire to a special chamber of judges for review (Ghana v. Cote d'Ivoire, No. 23, ITLOS).

Mealey's Labor & Employment - 11th Circuit Affirms Ruling Compelling Arbitration Of Claims Against Cruise Line

ATLANTA - After finding that all jurisdictional prerequisites were met and that a seaman's claims against his employer fell within the scope of a collective bargaining agreement, the 11th Circuit U.S. Court of Appeals on Dec. 3 affirmed a court's ruling compelling arbitration under Italian law (Ralph Jonathan Alvarado Vera v. Cruise Ships Catering and Services International, et al., No. 14-12494, 11th Cir.; 2014 U.S. App. LEXIS 23004).

Mealey's Litigation Procedure - 11th Circuit Affirms Ruling Compelling Arbitration Of Claims Against Cruise Line

ATLANTA - After finding that all jurisdictional prerequisites were met and that a seaman's claims against his employer fell within the scope of a collective bargaining agreement, the 11th Circuit U.S. Court of Appeals on Dec. 3 affirmed a court's ruling compelling arbitration under Italian law (Ralph Jonathan Alvarado Vera v. Cruise Ships Catering and Services International, et al., No. 14-12494, 11th Cir.; 2014 U.S. App. LEXIS 23004).

Mealey's IP/Tech - Nevada Federal Judge Dismisses Lanham Act, State Law Claims

LAS VEGAS - A plaintiff's allegations of false advertising under the Lanham Act were rejected as insufficiently pleaded for a third time on Nov. 24 by a Nevada federal judge (LT International Ltd. v. Shuffle Master Inc., No. 12-1216, D. Nev.; 2014 U.S. Dist. LEXIS 164013).

Mealey's Labor & Employment - Adult Nightclub Owner Ordered To Pay Dancers $10.87M In Damages

NEW YORK - A New York federal judge on Nov. 14, ruling on pretrial motions, ordered the employers of adult entertainers to pay more than $10.8 million in damages for various violations of federal and state wage laws (Sabrina Hart, et al. v. Rick's Cabaret International, Inc., et al., No. 09-3043, S.D. N.Y.; 2014 U.S. Dist. LEXIS 160264).

Mealey's Litigation Procedure - Adult Nightclub Owner Ordered To Pay Dancers $10.87M In Damages

NEW YORK - A New York federal judge on Nov. 14, ruling on pretrial motions, ordered the employers of adult entertainers to pay more than $10.8 million in damages for various violations of federal and state wage laws (Sabrina Hart, et al. v. Rick's Cabaret International, Inc., et al., No. 09-3043, S.D. N.Y.; 2014 U.S. Dist. LEXIS 160264).

Mealey's Litigation Procedure - California Federal Judge Dismisses UCL Claim Over Supplements, Allows Amendment

SAN FRANCISCO - A federal judge in California on Oct. 30 dismissed a putative class action complaint alleging violation of the state's unfair competition law (UCL) over the labeling of a human growth hormone supplement, saying the plaintiff alleged a substantiation claim, for which there is no private right of action, instead of a false advertising claim. The judge added that the plaintiff could amend her complaint to assert the correct cause of action (Serena Kwan v. SanMedica International, No. 14-3287, N.D. Calif.; 2014 U.S. Dist. LEXIS 154051).

Mealey's Antitrust/Unfair Competition - California Federal Judge Dismisses UCL Claim Over Supplements, Allows Amendment

SAN FRANCISCO - A federal judge in California on Oct. 30 dismissed a putative class action complaint alleging violation of the state's unfair competition law (UCL) over the labeling of a human growth hormone supplement, saying the plaintiff alleged a substantiation claim, for which there is no private right of action, instead of a false advertising claim. The judge added that the plaintiff could amend her complaint to assert the correct cause of action (Serena Kwan v. SanMedica International, No. 14-3287, N.D. Calif.; 2014 U.S. Dist. LEXIS 154051).

Mealey's Litigation Procedure - International Tribunal For The Law Of The Sea Reconstitutes Chambers

HAMBURG, Germany - The International Tribunal for the Law of the Sea (ITLOS) on Oct. 2 announced that it has reconstituted its chambers so that the majority of cases will now be handled by the tribunal as a full court.

Mealey's Health Law - 7th Circuit Finds Lack Of Standing, Nixes ACA Tax Challenge

MILWAUKEE - The administration's decision to delay implementation of the Patient Protection and Affordable Care Act (ACA) employer mandate does not provide a cash-only physicians group with standing, a Seventh Circuit U.S. Court of Appeals panel held Sept. 19 (Association of American Physicians & Surgeons Inc., and Robert T. McQueeney v. John Koskinen, commissioner of the Internal Revenue Service, in his official capacity, No. 14-2123, 7th Cir.).

Mealey's Health Law - Physician Group Defends Standing In ACA Tax Case From Seemingly Skeptical Panel

MILWAUKEE - A cash-only physicians group challenging the Internal Revenue Service's implementation of the Patient Protection and Affordable Care Act (ACA) faced repeated questioning during Sept. 16 oral arguments from a Seventh Circuit U.S. Court of Appeals panel seemingly skeptical of its standing (Association of American Physicians & Surgeons Inc., and Robert T. McQueeney v. John Koskinen, commissioner of the Internal Revenue Service, in his official capacity, No. 14-2123, 7th Cir.).

Mealey's Litigation Procedure - Allegations Of Malfunctioning Solar Panels Survive Motion To Dismiss

SAN FRANCISCO - Consumers adequately plead class action claims that a solar energy company violated California's unfair competition law (UCL) by selling defective solar panels because the consumers properly allege that the company made false representations and warranties about the solar panels and failed to disclose the defect and that the consumers were harmed by the company's actions, a federal judge held Sept. 8 in denying the company's bid to dismiss the claims (Michael Allagas, et al. v. BP Solar International Inc., et al., No. 14-00560, N.D. Calif.; 2014 U.S. Dist. LEXIS 126314).

Mealey's Antitrust/Unfair Competition - Allegations Of Malfunctioning Solar Panels Survive Motion To Dismiss

SAN FRANCISCO - Consumers adequately plead class action claims that a solar energy company violated California's unfair competition law (UCL) by selling defective solar panels because the consumers properly allege that the company made false representations and warranties about the solar panels and failed to disclose the defect and that the consumers were harmed by the company's actions, a federal judge held Sept. 8 in denying the company's bid to dismiss the claims (Michael Allagas, et al. v. BP Solar International Inc., et al., No. 14-00560, N.D. Calif.; 2014 U.S. Dist. LEXIS 126314).

Mealey's Litigation Procedure - Fisheries Commission Seeks Advisory Opinion From Arbitration Tribunal

THE HAGUE, Netherlands - The International Tribunal for the Law of the Sea (ITLOS) on Aug. 28 announced that Sub-Regional Fisheries Commission (SRFC) has requested an advisory opinion in relation to illegal and unreported fishing activities.

Mealey's Health Law - Judge Finds Indiana, School District Employers Allege Injury Under ACA

INDIANAPOLIS - A state and 39 school districts challenging the legality of payments imposed on large employers under the Internal Revenue Services' implementation and interpretation of Patient Protection and Affordable Care Act (ACA) regulations allege an addressable injury in fact, an Indiana federal judge held Aug. 12 (State of Indiana v. Internal Revenue Service, et al., 13-1612, S.D. Ind.).