LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Seaman, Shipyard Settle Asbestos Case During Trial

SAN FRANCISCO - Parties to a suit alleging a man contracted mesothelioma after exposure to asbestos as a seaman settled May 18 during trial, sources told Mealey Publications. On May 8, the federal judge overseeing the case applied maritime law and found the substantial factor causation standard governed the trial (Barry Kelly and Molly Kelly v. CBS Corp., et al., No. 11-3240, N.D. Calif.).

Mealey's Toxic Tort/Environmental - Seaman, Shipyard Settle Asbestos Case During Trial

SAN FRANCISCO - Parties to a suit alleging a man contracted mesothelioma after exposure to asbestos as a seaman settled May 18 during trial, sources told Mealey Publications. On May 8, the federal judge overseeing the case applied maritime law and found the substantial factor causation standard governed the trial (Barry Kelly and Molly Kelly v. CBS Corp., et al., No. 11-3240, N.D. Calif.).

Mealey's Antitrust/Unfair Competition - Google App Purchasers Seek Certification Of Privacy, Unfair Competition Class

SAN JOSE, Calif. - A group Android smartphone application (app) purchasers moved in California federal court on May 12 to certify a class in their unfair competition, privacy and breach of contract claims against Google Inc. (In re Google, Inc. Privacy Policy Litigation, No. 5:12-cv-01382, N.D. Calif.).

Mealey's IP/Tech - Google App Purchasers Seek Certification Of Privacy, Unfair Competition Class

SAN JOSE, Calif. - A group Android smartphone application (app) purchasers moved in California federal court on May 12 to certify a class in their unfair competition, privacy and breach of contract claims against Google Inc. (In re Google, Inc. Privacy Policy Litigation, No. 5:12-cv-01382, N.D. Calif.).

Mealey's Litigation Procedure - Google App Purchasers Seek Certification Of Privacy, Unfair Competition Class

SAN JOSE, Calif. - A group Android smartphone application (app) purchasers moved in California federal court on May 12 to certify a class in their unfair competition, privacy and breach of contract claims against Google Inc. (In re Google, Inc. Privacy Policy Litigation, No. 5:12-cv-01382, N.D. Calif.).

Mealey's Insurance - Judge: Implied Covenant Claim Is Duplicative Of Insureds' Bad Faith Claim

NEWARK, N.J. - A federal judge in New Jersey on May 12 partially dismissed an insurance bad faith lawsuit, ruling that although insureds have properly shown that their insurer owed them a fiduciary duty and breached it, other claims are either duplicative or are not permissible due to the parties' involvement in a valid insurance contract (Adolf Senft, et al. v. Fireman's Fund Insurance Co., et al., No. 14-7805, D. N.J.; 2015 U.S. Dist. LEXIS 61870).

Mealey's Litigation Procedure - 7th Circuit: Couple Must Arbitrate TCPA Claims

CHICAGO - A couple who sued after being contacted multiple times by their new cell phone service provider following the sale of their contract must arbitrate their claims brought under the Telephone Consumer Protection Act (TCPA), the Seventh Circuit U.S. Court of Appeals ruled May 11 (Ronald and Anna Andermann, et al. v. Sprint Spectrum L.P., No. 14-3478, 7th Cir.; 2015 U.S. App. LEXIS 7727).

Mealey's Litigation Procedure - Judge Declines To Limit Testimony Of Corporate Representative Expert

ST. LOUIS - A Missouri federal judge on May 11 declined to strike part of an expert's testimony in a breach of contract and negligence action and delayed ruling on a request to compel the expert to testify about why he left his previous job until conducting an in camera review of a confidentiality agreement with the former employer (Union Electric Co. v. Chicago Bridge & Iron Company, et al., No. 4:14-cv-31, E.D. Mo; 2015 U.S. Dist. LEXIS 60987).

Mealey's PI/Product Liability - Florida Appeals Court Reinstates Association's Construction Defects Suit

DAYTONA BEACH, Fla. - A Florida appeals panel on May 8 reversed a trial court judge's ruling that a condominium association's construction defects lawsuit was barred by the state's 10-year statute of repose, finding that the statute begins to run when a contract is completed rather than when construction is finished (Cypress Fairway Condominium Association, et al. v. Bergeron Construction Co. Inc., et al., No. 5D13-4102, Fla. App., 5th Dist.; 2015 Fla. App. LEXIS 6841).

Mealey's PI/Product Liability - Farm Owner Not Liable For Subcontractor's Accident, Texas High Court Rules

AUSTIN, Texas - A farm owner who contracted with a trucking company to haul silage is not a "motor carrier" under Texas law, the state Supreme Court ruled May 8 (Cuahutemoc "Tim" Gonzalez v. Erma Gonzales Ramirez, et al., No. 14-0107, Texas Sup.).

Mealey's Insurance - Judge: Insureds In Bad Faith Suit Failed To Comply With Policy Requirements

BINGHAMTON, N.Y. - Summary judgment in an insurance breach of contract and bad faith lawsuit is proper because the insureds failed to comply with proof-of-loss policy requirements in their homeowners insurance policy, a federal judge in New York ruled May 6 (Timothy Hogan, et al v. Fidelity National Property & Casualty Insurance Co., No. 13-0009, N.D. N.Y.; 2015 U.S. Dist. LEXIS 59084).

Mealey's Litigation Procedure - Judge Denies Motion To Compel Documents In Insurance Bad Faith Suit

TACOMA, Wash. - A federal judge in Washington on May 5 denied a motion to compel production of certain documents in an insurance breach of contract and bad faith lawsuit, ruling that the documents the insureds seek to obtain are protected (Bret C. Kifer, et al. v. American Family Mutual Insurance Co., No. 13-6085, W.D. Wash.; 2015 U.S. Dist. LEXIS 58905).

Mealey's Banking & Finance - Federal Judge Awards Class Counsel Fees Related To Sanctions

NEW YORK - A New York federal judge on May 6 found that counsel for a borrower who asserted class action claims related to alleged breaches of contract and the Truth in Lending Act (TILA) was entitled to an award of fees incurred during the case (Joseph Mazzei, et al. v. The Money Store, et al., No. 01cv5694, S.D. N.Y.; 2015 U.S. Dist. LEXIS 59397).

Mealey's Insurance - Judge Denies Motion To Compel Documents In Insurance Bad Faith Suit

TACOMA, Wash. - A federal judge in Washington on May 5 denied a motion to compel production of certain documents in an insurance breach of contract and bad faith lawsuit, ruling that the documents the insureds seek to obtain are protected (Bret C. Kifer, et al. v. American Family Mutual Insurance Co., No. 13-6085, W.D. Wash.; 2015 U.S. Dist. LEXIS 58905).

Mealey's Insurance - Judge Substantially Trims Claims In Insurance Breach Of Contract Suit

KNOXVILLE, Tenn. - A federal judge in Tennessee on May 4 substantially dismissed an amended complaint filed by insureds in an insurance breach of contract lawsuit, ruling that the insureds' tort claims are time-barred and that they have failed to properly state other claims against their insurer (Bhagubhai Hira, et al. v. New York Life Insurance Co., No. 13-527, E.D. Tenn.; 2015 U.S. Dist. LEXIS 57860).

Mealey's Litigation Procedure - 3rd Circuit: Consumer Law Ruling Applies Retroactively In Restaurant.com Case

PHILADELPHIA - Although a trial court judge correctly found that the New Jersey Supreme Court's new rule regarding the state's Truth-in-Consumer Contract, Warrant and Notice Act (TCCWNA) was not fully retroactive, a Third Circuit U.S. Court of Appeals panel on April 30 ruled that the new rule should apply to the present plaintiffs that had alleged violation of the act by Restaurant.com Inc. in a putative class complaint (Larissa Shelton, et al. v. Restaurant.com Inc., No. 14-3316, 3rd Cir.; 2015 U.S. App. LEXIS 7145).

Mealey's IP/Tech - 3rd Circuit: Consumer Law Ruling Applies Retroactively In Restaurant.com Case

PHILADELPHIA - Although a trial court judge correctly found that the New Jersey Supreme Court's new rule regarding the state's Truth-in-Consumer Contract, Warrant and Notice Act (TCCWNA) was not fully retroactive, a Third Circuit U.S. Court of Appeals panel on April 30 ruled that the new rule should apply to the present plaintiffs that had alleged violation of the act by Restaurant.com Inc. in a putative class complaint (Larissa Shelton, et al. v. Restaurant.com Inc., No. 14-3316, 3rd Cir.; 2015 U.S. App. LEXIS 7145).

Mealey's Litigation Procedure - Kentucky Federal Judge Stays Discovery On Patent Validity Issues

LEXINGTON, Ky. - A breach of contract case was stayed, in part, on April 28 by a Kentucky federal judge pending re-examination of two patents by the U.S. Patent and Trademark Office (Natural Alternatives LLC v. JM Farms, No. 12-333, E.D. Ky.; 2015 U.S. Dist. LEXIS 55271).

Mealey's PI/Product Liability - Illinois Appeals Court Affirms Judgment In Favor Of Builder Over Alleged Defects

ELGIN, Ill. - An Illinois trial court judge's decision to award judgment in favor of a contractor accused of breaching the terms of a construction contract was affirmed by a state appeals panel on April 28 after the panel found that a couple conceded that they prevented the contractor from completing work at the site (William Reid, et al v. Galena Hillside Homes, et al., No. 2-14-0007, Ill. App., 2nd Dist.; 2015 Ill. App. Unpub. LEXIS 897).

Mealey's IP/Tech - Kentucky Federal Judge Stays Discovery On Patent Validity Issues

LEXINGTON, Ky. - A breach of contract case was stayed, in part, on April 28 by a Kentucky federal judge pending re-examination of two patents by the U.S. Patent and Trademark Office (Natural Alternatives LLC v. JM Farms, No. 12-333, E.D. Ky.; 2015 U.S. Dist. LEXIS 55271).

Mealey's Antitrust/Unfair Competition - Judge: Defendant Failed To Establish Predicate Act In Support Of UCL Claim

OAKLAND, Calif. - A federal judge in California on April 24 held that the plaintiff in a trade secrets case failed to establish a predicate breach of contract in support of its state unfair competition law (UCL) claim; therefore, the defendant was entitled to have judgment entered in its favor (Netlist Inc. v. Diablo Technologies, No. 13-5962, N.D. Calif.; 2015 U.S. Dist. LEXIS 54109).

Mealey's Litigation Procedure - Federal Judge Trims Claims In Insurance Bad Faith Lawsuit

COLUMBUS, Ohio - A federal judge in Ohio on April 23 granted in part and denied in part an insurer's motion for judgment on the pleadings in an insurance breach of contract and bad faith lawsuit, ruling that an insured properly pleaded a number of her claims (Sheela K. O'Donnell v. Financial American Life Insurance Co., No. 14-1071, S.D. Ohio; 2015 U.S. Dist. LEXIS 53519).

Mealey's Banking & Finance - Judge Finds RESPA Claim Can Proceed, Grants Partial Dismissal

DETROIT - A Michigan federal judge on April 22 granted a motion filed by lenders to dismiss borrowers' claims for breach of contract and other claims, but found that their claims for violation of Real Estate Settlement Procedures Act (RESPA) can proceed (Martin White Jr. et al. v. Wells Fargo Bank, N.A., AS, et al., No. 2:14-cv-12506, E.D. Mich.; 2015 U.S. Dist. LEXIS 52642).

Mealey's Insurance - BP Seeks Rehearing Of Texas High Court's Opinion In Gulf Oil Spill Coverage Suit

AUSTIN, Texas - BP Exploration & Production and its affiliates on April 22 filed a motion for rehearing in the Texas Supreme Court, arguing that the court incorrectly limited the additional insured status of BP by incorporating restrictions included in BP's drilling contract with the owner of the Deepwater Horizon rig (In re: Deepwater Horizon, No. 13-0670, Texas Sup.).

Mealey's Labor & Employment - 6th Circuit: Equitable Defenses Not Available In ERISA Collection Action

CINCINNATI - The Employee Retirement Income Security Act bars an employer in an action brought by multiemployer benefit funds to collect delinquent payments under a union contract from asserting the equitable defenses of laches and estoppel, the Sixth Circuit U.S. Court of Appeals ruled April 20 (Operating Engineers Local 324 Health Care Plan, et al. v. G & W Construction Company, et al., No. 12-1786, 6th Cir.; 2015 U.S. App. LEXIS 6420).