Mealey's Labor & Employment - Pennsylvania Federal Judge: RadioShack's Overtime Pay Method Violates State Law

PHILADELPHIA - An electronics store chain's method for calculating overtime pay for its salaried employees complies with federal law but violates Pennsylvania state law, a Pennsylvania federal judge ruled July 10 (David Verderame v. RadioShack Corporation, No. 13-2539, E.D. Pa.; 2014 U.S. Dist. LEXIS 93688).

Mealey's Health Law - Judge Denies Government's Plea To Postpone ACA Permanent Injunction Hearing

PITTSBURGH - A Pennsylvania federal judge on July 15 denied the government's request to postpone a hearing on whether to issue a permanent injunction in a case challenging the Patient Protection and Affordable Care Act (ACA) contraceptive mandate (Most Reverend Lawrence E. Brandt, et al. v. Sylvia Burwell, et al., No. 14-681, W.D. Pa.).

Mealey's Insurance - Judge: Insureds' Breach Of Contract Claim Is Barred By Statute Of Limitations

PHILADELPHIA - The one-year statute of limitations in a homeowners insurance policy precludes insureds' breach of contract claim against their insurer regarding denied coverage for losses sustained from water damage, a Pennsylvania federal judge ruled July 11, also dismissing a bad faith claim (Paul Leitner and Domenica Leitner v. Allstate Insurance Co., No. 11-7377, E.D. Pa.; 2014 U.S. Dist. LEXIS 95071).

Mealey's Litigation Procedure - Pennsylvania Federal Judge: RadioShack's Overtime Pay Method Violates State Law

PHILADELPHIA - An electronics store chain's method for calculating overtime pay for its salaried employees complies with federal law but violates Pennsylvania state law, a Pennsylvania federal judge ruled July 10 (David Verderame v. RadioShack Corporation, No. 13-2539, E.D. Pa.; 2014 U.S. Dist. LEXIS 93688).

Mealey's Insurance - Judge: Insureds Provided No Factual Allegations To Support Bad Faith Claim

SCRANTON, Pa. - A federal judge in Pennsylvania on July 7 dismissed two insureds' insurance bad faith claim, ruling that the insureds failed to provide factual allegations to support their claim as required under state law (Robert Flynn, et al. v. Nationwide Insurance Co. of America, No. 13-2993, M.D. Pa.; 2014 U.S. Dist. LEXIS 91431).

Mealey's Insurance - Plaintiff Properly Pleaded Insurance Bad Faith Claim, Federal Judge Rules

ALLENTOWN, Pa. - Dismissal of an insured's breach of contract and insurance bad faith lawsuit against her automobile insurance carrier is not warranted, a federal judge in Pennsylvania ruled July 8, because the insured has shown that the insurer failed to properly and timely pay her for covered injuries under an underinsured motorist policy (Esther R. Padilla v. State Farm Mutual Automobile Insurance Co., No. 14-2102, E.D. Pa.; 2014 U.S. Dist. LEXIS 92230).

Mealey's Insurance - Insurers Say Reinsurers Must Be Compelled To End Impasse In Umpire Selection

PHILADELPHIA - A pair of insurers has asked a federal court in Pennsylvania to compel a pair of reinsurers to proceed with umpire selection in an asbestos-related reinsurance arbitration (Ace Property & Casualty Insurance Company, et al. v. Enstar (US) Inc., et al., No. 14-mc-00171, E.D. Pa.).

Mealey's Litigation Procedure - 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 - 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.).