LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Failure To Produce Insurance Policies, Documents May Merit Sanctions, Judge Rules

SCRANTON, Pa. - A townhouse association's failure to timely provide insurance policies and related documents and its "plainly inadequate" privilege log may merit sanctions and an award of expenses to two plaintiffs suing the association for negligence related to a 2009 explosion, a Pennsylvania federal magistrate ruled July 3 (Community Association Underwriters of America Inc., et al. v. Queensboro Flooring Corp., No. 3:10-cv-01559, M.D. Pa.; 2014 U.S. Dist. LEXIS 90939).

Mealey's Insurance - Failure To Produce Insurance Policies, Documents May Merit Sanctions, Judge Rules

SCRANTON, Pa. - A townhouse association's failure to timely provide insurance policies and related documents and its "plainly inadequate" privilege log may merit sanctions and an award of expenses to two plaintiffs suing the association for negligence related to a 2009 explosion, a Pennsylvania federal magistrate ruled July 3 (Community Association Underwriters of America Inc., et al. v. Queensboro Flooring Corp., No. 3:10-cv-01559, M.D. Pa.; 2014 U.S. Dist. LEXIS 90939).

Mealey's Litigation Procedure - Federal Judge Gives Preliminary Approval To NFL Brain-Injury Settlement

PHILADELPHIA - A federal judge in Pennsylvania July 7 preliminarily approved a settlement between the National Football League and retired players claiming football-related brain injuries (In Re: National Football League Players' Concussion Injury Litigation, MDL Docket No. 2323, No. 2:12-md-2323, Kevin Turner, et al. v. National Football League, et al., No. 14-29, E.D. Pa.)

Mealey's Litigation Procedure - Failure To Produce Insurance Policies, Documents May Merit Sanctions, Judge Rules

SCRANTON, Pa. - A townhouse association's failure to timely provide insurance policies and related documents and its "plainly inadequate" privilege log may merit sanctions and an award of expenses to two plaintiffs suing the association for negligence related to a 2009 explosion, a Pennsylvania federal magistrate ruled July 3 (Community Association Underwriters of America Inc., et al. v. Queensboro Flooring Corp., No. 3:10-cv-01559, M.D. Pa.; 2014 U.S. Dist. LEXIS 90939).

Mealey's Insurance - Judge: Exclusion Bars Coverage For Class Action Lawsuit Over Unsolicited Text Ads

LOUISVILLE, Ky. - A commercial general liability insurance policy's violation of statutes exclusion precludes coverage for an underlying class action lawsuit alleging that pizza franchise insureds unlawfully sent unsolicited text messages to cellular telephones in violation of the Telephone Consumer Protection Act (TCPA) and the Washington State Consumer Protection Act (WSCPA), a Kentucky federal senior judge ruled July 3, granting the insurers' motion for summary judgment (National Union Fire Insurance Company of Pittsburgh, Pennsylvania, et al. v. Papa John's International, Inc., et al., No. 3:12-CV-00677-CRS, W.D. Ky.; 2014 U.S. Dist. LEXIS 90792).

Mealey's PI/Product Liability - Federal Judge Gives Preliminary Approval To NFL Brain-Injury Settlement

PHILADELPHIA - A federal judge in Pennsylvania July 7 preliminarily approved a settlement between the National Football League and retired players claiming football-related brain injuries (In Re: National Football League Players' Concussion Injury Litigation, MDL Docket No. 2323, No. 2:12-md-2323, Kevin Turner, et al. v. National Football League, et al., No. 14-29, E.D. Pa..)

Mealey's Insurance - Judge: Fact Issues Preclude Judgment In Suit Over Flood Damage To Subway Franchise

SCRANTON, Pa. - Fact issues exist as to whether Subway franchise owners had a policy that only covered personal property and whether an assignment actually occurred between the franchise owners and the franchise's previous owner under the terms of a standard flood insurance policy (SFIP), a Pennsylvania federal judge ruled July 2, denying the insurer's motion for summary judgment (Mahakali Krupa LLC, et al. v. Allstate Insurance Co., No. 3:12-CV-00569, M.D. Pa.; 2014 U.S. Dist. LEXIS 90374).

Mealey's Toxic Tort/Environmental - Judge: Pennsylvania Doctor Lacks Standing To Discover Chemicals Used In Fracking

SCRANTON, Pa. - A federal judge in the U.S. District Court for the Middle District of Pennsylvania on June 30 dismissed a lawsuit brought by a physician against the secretary of the Pennsylvania Department of Environmental Protection (DEP) seeking relief from the statutory restrictions preventing the doctor from discovering the chemicals in proprietary hydraulic fracturing fluids used in natural gas extraction on grounds that he lacked standing (Dr. Alfonso Rodriguez, M.D. v. Michael L. Krancer, et al., No. 12-1458, M.D. Pa.).

Mealey's Banking & Finance - Judge Finds Violations Of Fair Credit Reporting Act, Partially Grants Motion

PHILADELPHIA - A Pennsylvania federal judge on June 27 partially granted a motion to dismiss filed by a lender and debt solution company, finding that the purchasers of a home adequately stated certain claims for violation of the Fair Credit Reporting Act (Joseph and Gina Haber v. Bank of America N.A., et al., No. 14-0169, E.D. Pa.; 2014 U.S. Dist. LEXIS 87614).

Mealey's Insurance - Judge Refuses Philadelphia Archdiocese ACA Injunctive Relief Request

PHILADELPHIA - Catholic plaintiffs misconstrue the effects of the Patient Protection and Affordable Care Act (ACA) opt out, which does not trigger contraceptive coverage by third parties, a Pennsylvania federal judge held June 26 in denying injunctive relief (Catholic Charities of the Archdiocese of Philadelphia, et al. v. Sylvia Burwell, in her official capacity as Secretary of the Department of Health and Human Services, et al., No. 14-3096, E.D. Pa.).

Mealey's Labor & Employment - Judge Refuses Philadelphia Archdiocese ACA Injunctive Relief Request

PHILADELPHIA - Catholic plaintiffs misconstrue the effects of the Patient Protection and Affordable Care Act (ACA) opt out, which does not trigger contraceptive coverage by third parties, a Pennsylvania federal judge held June 26 in denying injunctive relief (Catholic Charities of the Archdiocese of Philadelphia, et al. v. Sylvia Burwell, in her official capacity as Secretary of the Department of Health and Human Services, et al., No. 14-3096, E.D. Pa.).

Mealey's Health Law - Judge Refuses Philadelphia Archdiocese ACA Injunctive Relief Request

PHILADELPHIA - Catholic plaintiffs misconstrue the effects of the Patient Protection and Affordable Care Act (ACA) opt out, which does not trigger contraceptive coverage by third parties, a Pennsylvania federal judge held June 26 in denying injunctive relief (Catholic Charities of the Archdiocese of Philadelphia, et al. v. Sylvia Burwell, in her official capacity as Secretary of the Department of Health and Human Services, et al., No. 14-3096, E.D. Pa.).

Mealey's PI/Product Liability - Statute Of Repose Bars Asbestos Action Against Boilermaker, Pa. Court Says

HARRISBURG, Pa. - The Pennsylvania statute of repose applies in an asbestos case against a boiler manufacturer who oversaw design and construction of the product, a Pennsylvania Superior Court panel held June 26 (David and Frances Graver v. Foster Wheeler Corp., No. 470 EDA 2012, David and Frances Graver v. Foster Wheeler, No. 641 EDA 2012, Pa. Super.).

Mealey's PI/Product Liability - Direct Purchasers Lose Conspiracy Claims In Reverse-Payment Settlement Case

PHILADELPHIA - Direct purchasers cannot establish as a matter of law an overall antitrust conspiracy to restrain trade in the modafinil market based on bilateral reverse settlement agreements between prescription drug manufacturer Cephalon and four generic drug manufacturers, a federal judge in Pennsylvania ruled June 23 in granting motions for summary judgment filed by Cephalon and the generic defendants and denying the motion for summary judgment filed by the direct purchaser class plaintiffs (King Drug Company of Florence, Inc., et al. v. Cephalon, Inc., et al., No. 2:06-cv-1797, E.D. Pa.; Vista Healthplan, Inc., et al. v. Cephalon, Inc., et al., No. 2:06-cv-1833, E.D. Pa.; Apotex, Inc. v. Cephalon, Inc., et al., No. 2:06-cv-2768, E.D. Pa.; 2014 U.S. Dist. LEXIS 84818).

Mealey's Litigation Procedure - Direct Purchasers Lose Conspiracy Claims In Reverse-Payment Settlement Case

PHILADELPHIA - Direct purchasers cannot establish as a matter of law an overall antitrust conspiracy to restrain trade in the modafinil market based on bilateral reverse settlement agreements between prescription drug manufacturer Cephalon and four generic drug manufacturers, a federal judge in Pennsylvania ruled June 23 in granting motions for summary judgment filed by Cephalon and the generic defendants and denying the motion for summary judgment filed by the direct purchaser class plaintiffs (King Drug Company of Florence, Inc., et al. v. Cephalon, Inc., et al., No. 2:06-cv-1797, E.D. Pa.; Vista Healthplan, Inc., et al. v. Cephalon, Inc., et al., No. 2:06-cv-1833, E.D. Pa.; Apotex, Inc. v. Cephalon, Inc., et al., No. 2:06-cv-2768, E.D. Pa.; 2014 U.S. Dist. LEXIS 84818).

Mealey's IP/Tech - Direct Purchasers Lose Conspiracy Claims In Reverse-Payment Settlement Case

PHILADELPHIA - Direct purchasers cannot establish as a matter of law an overall antitrust conspiracy to restrain trade in the modafinil market based on bilateral reverse settlement agreements between prescription drug manufacturer Cephalon and four generic drug manufacturers, a federal judge in Pennsylvania ruled June 23 in granting motions for summary judgment filed by Cephalon and the generic defendants and denying the motion for summary judgment filed by the direct purchaser class plaintiffs (King Drug Company of Florence, Inc., et al. v. Cephalon, Inc., et al., No. 2:06-cv-1797, E.D. Pa.; Vista Healthplan, Inc., et al. v. Cephalon, Inc., et al., No. 2:06-cv-1833, E.D. Pa.; Apotex, Inc. v. Cephalon, Inc., et al., No. 2:06-cv-2768, E.D. Pa.; 2014 U.S. Dist. LEXIS 84818).

Mealey's Toxic Tort/Environmental - Statute Of Repose Bars Asbestos Action Against Boilermaker, Pa. Court Says

HARRISBURG, Pa. - The Pennsylvania statute of repose applies in an asbestos case against a boiler manufacturer who oversaw design and construction of the product, a Pennsylvania Superior Court panel held June 26 (David and Frances Graver v. Foster Wheeler Corp., No. 470 EDA 2012, David and Frances Graver v. Foster Wheeler, No. 641 EDA 2012, Pa. Super.).

Mealey's PI/Product Liability - NFL Takes Payment Cap Off $765M Brain Injury Settlement With Retired Players

PHILADELPHIA - The National Football League has agreed to take the cap off of payments in its $765 million brain-injury settlement with retired players, according to a revised settlement filed June 25 in the multidistrict litigation in Pennsylvania federal court (In Re: National Football League Players' Concussion Injury Litigation, MDL Docket No. 2323, No. 2:12-md-2323, Kevin Turner, et al. v. National Football League, et al., No. 14-29, E.D. Pa.).

Mealey's Toxic Tort/Environmental - Judge: FIFRA Does Not Preempt Permethrin Exposure Case; Evidence 'Sufficient'

PHILADELPHIA - A federal judge in the U.S. District Court for the Eastern District of Pennsylvania on June 24 denied defense motions to dismiss a lawsuit filed by a couple that claims that its exposure to permethrin in an insecticide caused them personal injuries on grounds that the couple provided evidence that was sufficient to state a claim for damages (Steven Gucciardi, et al. v. Bonide Products Inc., et al., No. 12-932, E.D. Pa.; 2014 U.S. Dist. LEXIS 85509).

Mealey's Insurance - Judge Dismisses Breach Of Contract, Bad Faith Claims Against Insurer

PHILADELPHIA - An insured's breach of contract claim against his insurer regarding denied coverage for water damage to his home is time-barred, a Pennsylvania federal judge ruled June 24, dismissing the claim, as well as a claim for bad faith (Anthony Mattia v. Allstate Insurance Co., No. 14-2099, E.D. Pa.; 2014 U.S. Dist. LEXIS 86258).

Mealey's Antitrust/Unfair Competition - Direct Purchasers Lose Conspiracy Claims In Reverse-Payment Settlement Case

PHILADELPHIA - Direct purchasers cannot establish as a matter of law an overall antitrust conspiracy to restrain trade in the modafinil market based on bilateral reverse settlement agreements between prescription drug manufacturer Cephalon and four generic drug manufacturers, a federal judge in Pennsylvania ruled June 23 in granting motions for summary judgment filed by Cephalon and the generic defendants and denying the motion for summary judgment filed by the direct purchaser class plaintiffs (King Drug Company of Florence, Inc., et al. v. Cephalon, Inc., et al., No. 2:06-cv-1797, E.D. Pa.; Vista Healthplan, Inc., et al. v. Cephalon, Inc., et al., No. 2:06-cv-1833, E.D. Pa.; Apotex, Inc. v. Cephalon, Inc., et al., No. 2:06-cv-2768, E.D. Pa.; 2014 U.S. Dist. LEXIS 84818).

Mealey's Labor & Employment - Pa. Federal Judge: Motor Carrier Exemption Doesn't Apply To Drivers' Wage Suit

SCRANTON, Pa. - A Pennsylvania federal judge on June 23 rejected a claim by trucking business operators that a Fair Labor Standard Act (FLSA) motor carrier exemption applies to its intrastate drivers' overtime claims (Alphonse Mazzarella, et al. v. FAST Rig Support, LLC, et al., No. 13-2844, M.D. Pa.; 2014 U.S. Dist. LEXIS 84947).

Mealey's Litigation Procedure - Pa. Federal Judge: Motor Carrier Exemption Doesn't Apply To Drivers' Wage Suit

SCRANTON, Pa. - A Pennsylvania federal judge on June 23 rejected a claim by trucking business operators that a Fair Labor Standard Act (FLSA) motor carrier exemption applies to its intrastate drivers' overtime claims (Alphonse Mazzarella, et al. v. FAST Rig Support, LLC, et al., No. 13-2844, M.D. Pa.; 2014 U.S. Dist. LEXIS 84947).

Mealey's Insurance - Pa. Federal Judge Grants Preliminary Injunction In Birth-Control Mandate Case

PITTSBURGH - Providing or facilitating the provision of contraceptive coverage imposes a substantial burden on religious freedom and absent an injunction would leave plaintiffs choosing between their beliefs and costly fines, a Pennsylvania federal judge held June 20 (Most Reverend Lawrence E. Brandt, et al. v. Sylvia Burwell, et al., No. 14-681, W.D. Pa.).

Mealey's Health Law - Pa. Federal Judge Grants Preliminary Injunction In Birth-Control Mandate Case

PITTSBURGH - Providing or facilitating the provision of contraceptive coverage imposes a substantial burden on religious freedom and absent an injunction would leave plaintiffs choosing between their beliefs and costly fines, a Pennsylvania federal judge held June 20 (Most Reverend Lawrence E. Brandt, et al. v. Sylvia Burwell, et al., No. 14-681, W.D. Pa.).