Mealey's PI/Product Liability - Pennsylvania Panel Reinstates Claims For Defective Saturn Vehicle

HARRISBURG, Pa. - The Pennsylvania Superior Court on May 29 ruled that a trial court improperly granted summary judgment based on a lack of expert testimony in an action seeking damages for injuries suffered in a one-car accident (John Hunter, et al. v. General Motors Corp., et al., No. 847 EDA 2013, Pa. Super.).

Mealey's Labor & Employment - Calif. Federal Judge Remands Anthropologie Managers' Overtime Class Suit

OAKLAND, Calif. - A California federal judge on May 28 granted a motion to remand a wage-and-hour class complaint filed by an hourly manager against Urban Outfitters Wholesale Inc., doing business as Anthropologie, finding that the employer failed to prove that the amount in controversy exceeds $5 million (Shakora Abdulhaqq, et al. v. Urban Outfitters Wholesale, Inc., D/B/A Anthropologie, a Pennsylvania corporation, et al., No. 13-3184, N.D. Calif.; 2014 U.S. Dist. LEXIS 73356).

Mealey's Labor & Employment - California Federal Judge Withdraws Remand Order In Overtime Wage Class Suit

OAKLAND, Calif. - Just one day after remanding a wage-and-hour class complaint filed by hourly managers employed by Urban Outfitters Wholesale Inc., doing business as Anthropologie, a California federal judge on May 29 withdrew that order, finding that the plaintiffs had failed to refile their remand motion after it was struck as premature (Alexander Moore, et al. v. Urban Outfitters Wholesale, Inc., D/B/A Anthropologie, a Pennsylvania corporation, et al., No. 13-2245, N.D. Calif.; 2014 U.S. Dist. LEXIS 73218).

Mealey's Antitrust/Unfair Competition - California Federal Judge Withdraws Remand Order In Overtime Wage Class Suit

OAKLAND, Calif. - Just one day after remanding a wage-and-hour class complaint filed by hourly managers employed by Urban Outfitters Wholesale Inc., doing business as Anthropologie, a California federal judge on May 29 withdrew that order, finding that the plaintiffs had failed to refile their remand motion after it was struck as premature (Alexander Moore, et al. v. Urban Outfitters Wholesale, Inc., D/B/A Anthropologie, a Pennsylvania corporation, et al., No. 13-2245, N.D. Calif.; 2014 U.S. Dist. LEXIS 73218).

Mealey's Litigation Procedure - Calif. Federal Judge Remands Anthropologie Managers' Overtime Class Suit

OAKLAND, Calif. - A California federal judge on May 28 granted a motion to remand a wage-and-hour class complaint filed by an hourly manager against Urban Outfitters Wholesale Inc., doing business as Anthropologie, finding that the employer failed to prove that the amount in controversy exceeds $5 million (Shakora Abdulhaqq, et al. v. Urban Outfitters Wholesale, Inc., D/B/A Anthropologie, a Pennsylvania corporation, et al., No. 13-3184, N.D. Calif.; 2014 U.S. Dist. LEXIS 73356).

Mealey's Litigation Procedure - California Federal Judge Withdraws Remand Order In Overtime Wage Class Suit

OAKLAND, Calif. - Just one day after remanding a wage-and-hour class complaint filed by hourly managers employed by Urban Outfitters Wholesale Inc., doing business as Anthropologie, a California federal judge on May 29 withdrew that order, finding that the plaintiffs had failed to refile their remand motion after it was struck as premature (Alexander Moore, et al. v. Urban Outfitters Wholesale, Inc., D/B/A Anthropologie, a Pennsylvania corporation, et al., No. 13-2245, N.D. Calif.; 2014 U.S. Dist. LEXIS 73218).

Mealey's Bankruptcy - Company Seeks $50M In Damages For 'Wrongful' Involuntary Bankruptcy Petition

PHILADELPHIA - National Medical Imaging LLC (NMI) on May 27 filed a lawsuit in the U.S. District Court for the Eastern District of Pennsylvania seeking $50 million in damages against U.S. Bank NA, contending that the bank wrongfully filed an involuntary bankruptcy petition against NMI and its affiliate (National Medical Imaging LLC v. US Bank NA, et al., No. 14-02974, Chapter 11, E.D. Pa.).

Mealey's PI/Product Liability - Safety-Kleen Sanctioned For Bad Faith Negotiations In Settlement Meeting

PITTSBURGH - Safety-Kleen Systems Inc. was sanctioned in Pennsylvania federal court by a magistrate judge who said May 28 that the company showed in bad faith in a settlement negotiation with plaintiffs alleging the development of myelofibrosis and myelodysplastic syndrome as a result of occupational exposure to benzene in the company's 105 Solvent (Ruben Grigoryants and Mariana Grigoryants v. Safety-Kleen Corporation, No. 1:11-CV-00267-SJM, W.D. Pa.).

Mealey's PI/Product Liability - Pennsylvania Panel Finds Frequency, Regularity Evidence Lacking In Asbestos Case

PHILADELPHIA - Even assuming evidence of exposure to asbestos from manufacturers' products, a widow's case lacks sufficient evidence of the frequency or regularity of that exposure, a Pennsylvania Superior Court panel held May 27 (Sara Painter, et al. v. Sears, Roebuck and Company Inc., American Biltrite Inc. and CertainTeed Corp., No. 655 EDA 2013, Pa. Super.).

Mealey's Insurance - Insurer's Denial Of Coverage For Molten Glass Damage Was Reasonable, Judge Finds

PITTSBURGH - A Pennsylvania federal judge on May 23 found no evidence that an insurer acted unreasonably when it denied a glass producer's damages claim from a release of molten glass in light of expert reports that the incident was not due to a sudden, accidental breakdown (United States Fire Insurance Co. v. Kelman Bottles LLC, et al., No. 2:11-cv-00891, W.D. Pa.; 2014 U.S. Dist. LEXIS 71220).

Mealey's Toxic Tort/Environmental - Safety-Kleen Sanctioned For Bad Faith Negotiations In Settlement Meeting

PITTSBURGH - Safety-Kleen Systems Inc. was sanctioned in Pennsylvania federal court by a magistrate judge who said May 28 that the company showed in bad faith in a settlement negotiation with plaintiffs alleging the development of myelofibrosis and myelodysplastic syndrome as a result of occupational exposure to benzene in the company's 105 Solvent (Ruben Grigoryants and Mariana Grigoryants v. Safety-Kleen Corporation, No. 1:11-CV-00267-SJM, W.D. Pa.).

Mealey's Toxic Tort/Environmental - Pennsylvania Panel Finds Frequency, Regularity Evidence Lacking In Asbestos Case

PHILADELPHIA - Even assuming evidence of exposure to asbestos from manufacturers' products, a widow's case lacks sufficient evidence of the frequency or regularity of that exposure, a Pennsylvania Superior Court panel held May 27 (Sara Painter, et al. v. Sears, Roebuck and Company Inc., American Biltrite Inc. and CertainTeed Corp., No. 655 EDA 2013, Pa. Super.).

Mealey's IP/Tech - Pennsylvania Federal Judge Dismisses Copyright Case Against Usher

PHILADELPHIA - Allegations of direct and vicarious copyright infringement by Usher Raymond IV, better known as Usher, were resolved in favor of the pop star May 21 by a Pennsylvania federal judge (Daniel Marino v. Raymond Usher IV et al., No. 11-6811, E.D. Pa.).

Mealey's Insurance - Prior Knowledge Exclusion Bars Coverage For Malpractice Suit, Federal Judge Rules

ALLENTOWN, Pa. - An attorney insured actually possessed information that a reasonable lawyer would have understood to be a sufficient basis to believe that he or she had breached a professional duty, a Pennsylvania federal judge ruled May 22, finding that a professional liability insurance policy's prior knowledge exclusion precludes coverage for an underlying malpractice lawsuit (Ettinger & Associates LLC, et al. v. The Hartford/Twin City Fire Insurance Co., No. 12-3274, E.D. Pa.; 2014 U.S. Dist. LEXIS 70265).

Mealey's Labor & Employment - Magistrate Judge: Parties Should Share Costs Of Electronic Discovery

HARRISBURG, Pa. - A federal judge in Pennsylvania overseeing a wrongful termination and retaliation suit on May 20 ordered the parties to share the costs of a forensic examination of the plaintiff's computer and denied in part the plaintiff's motion to bar his former employer from serving subpoenas on prospective employers, ruling that the information was relevant to the mitigation of damages (Richard F. Zeller v. South Central Emergency Medical Services Inc., et al., No. 13-CV-2584, M.D. Pa.; 2014 U.S. Dist. LEXIS 68940).

Mealey's Litigation Procedure - Magistrate Judge: Parties Should Share Costs Of Electronic Discovery

HARRISBURG, Pa. - A federal judge in Pennsylvania overseeing a wrongful termination and retaliation suit on May 20 ordered the parties to share the costs of a forensic examination of the plaintiff's computer and denied in part the plaintiff's motion to bar his former employer from serving subpoenas on prospective employers, ruling that the information was relevant to the mitigation of damages (Richard F. Zeller v. South Central Emergency Medical Services Inc., et al., No. 13-CV-2584, M.D. Pa.; 2014 U.S. Dist. LEXIS 68940).

Mealey's PI/Product Liability - Pennsylvania Court: Experts' Detailed Testimony Exceeds 'Every Exposure'

HARRISBURG, Pa. - A couple's expert testimony is nearly the opposite of the "every exposure" testimony rejected by the Pennsylvania Supreme Court, the state's appeals court held May 19 (Richard Rost and Joyce Rost v. Ford Motor Co., No. 404 EDA 2012, Richard Rost and Joyce Rost v. Ford Motor Co., No. 642 EDA 2012, Pa. Super.).

Mealey's Labor & Employment - Illinois Federal Judge Sets Terms Of Injunction In Reimbursement Dispute

CHICAGO - An Illinois federal judge on May 19 set the terms a permanent injunction should take against a Blue Cross Blue Shield entity found to have failed to provide adequate notice and appeal notices before recouping money from previously paid claims, saying the injunction would provide relief only to members of the chiropractic association involved and not all providers associated with the defendant and that the injunction would provide only prospective relief instead of the retroactive relief requested by the plaintiff (Pennsylvania Chiropractic Association, et al. v. Blue Cross Blue Shield Association, et al., No. 09-5619, N.D. Ill.).

Mealey's Toxic Tort/Environmental - Pennsylvania Court: Experts' Detailed Testimony Exceeds 'Every Exposure'

HARRISBURG, Pa. - A couple's expert testimony is nearly the opposite of the "every exposure" testimony rejected by the Pennsylvania Supreme Court, the state's appeals court held May 19 (Richard Rost and Joyce Rost v. Ford Motor Co., No. 404 EDA 2012, Richard Rost and Joyce Rost v. Ford Motor Co., No. 642 EDA 2012, Pa. Super.).

Mealey's Health Law - Illinois Federal Judge Sets Terms Of Injunction In Reimbursement Dispute

CHICAGO - An Illinois federal judge on May 19 set the terms a permanent injunction should take against a Blue Cross Blue Shield entity found to have failed to provide adequate notice and appeal notices before recouping money from previously paid claims, saying the injunction would provide relief only to members of the chiropractic association involved and not all providers associated with the defendant and that the injunction would provide only prospective relief instead of the retroactive relief requested by the plaintiff (Pennsylvania Chiropractic Association, et al. v. Blue Cross Blue Shield Association, et al., No. 09-5619, N.D. Ill.).

Mealey's IP/Tech - U.S. Government Charges 5 Chinese Citizens With Hacking, Trade Secret Theft

PITTSBURGH - A Pennsylvania federal magistrate judge filed an order on May 19 unsealing a grand jury indictment of five Chinese army members for allegedly hacking into the computers of U.S. entities for the purpose of stealing trade secrets (United States of America v. Wang Dong, No. 2:14-cr-00118, W.D. Pa.).

Mealey's PI/Product Liability - Avandia MDL Judge Finds 115 Cases Time-Barred, Criticizes Plaintiffs' Counsel

PHILADELPHIA - The Pennsylvania federal judge overseeing the Avandia multidistrict litigation on May 16 found that the claims of 115 plaintiffs are barred by the statutes of limitations in 32 states and reprimanded their attorneys for not recognizing that and for not responding to a defense motion for summary judgment (In Re: Avandia Marketing, Sales Practices and Products Liability Litigation, MDL Docket No. 1871, No. 07-md-1871, E.D. Pa.).

Mealey's PI/Product Liability - Pennsylvania Appeals Court Cites Recent Authority, Allows Workers' Comp Case

HARRISBURG, Pa. - Recent Pennsylvania Supreme Court precedent invalidates the state's workers' compensation law when the disease is a latent one like mesothelioma which would arise after the 300-week statutory limit, an appeals court held May 12 (Howard A. Scott, et al. v. Duquesne Light Co., No. 2139 WDA 2009, Pa. Super.).

Mealey's Toxic Tort/Environmental - Pennsylvania Appeals Court Cites Recent Authority, Allows Workers' Comp Case

HARRISBURG, Pa. - Recent Pennsylvania Supreme Court precedent invalidates the state's workers' compensation law when the disease is a latent one like mesothelioma that would arise after the 300-week statutory limit, an appeals court held May 12 (Howard A. Scott, et al. v. Duquesne Light Co., No. 2139 WDA 2009, Pa. Super.).

Mealey's Insurance - Federal Judge: Insurer Has Duty To Defend Pennsylvania Cyber Charter School

PITTSBURGH, Pa. - An insurer has a duty to defend a cyber charter school against an underlying lawsuit brought by four Pennsylvania school districts, a federal judge ruled May 13, but the judge refrained from ruling on the indemnification issue (Peerless Insurance Co. v. The Pennsylvania Cyber Charter School, No. 2:12-cv-1700, W.D. Pa.; 2014 U.S. Dist. LEXIS 65406).