LexisNexis® Legal Newsroom
Mealey's IP/Tech - Federal Circuit Affirms Denial Of Stay For Apple, Reverses For Samsung

WASHINGTON, D.C. - A Texas federal judge's order denying motions by various defendants to stay patent infringement litigation pending the outcome of a covered business method (CBM) review was partly affirmed July 30 by the Federal Circuit U.S. Court of Appeals (Smartflash LLC et al. v. Apple Inc., No. 15-1701; Smartflash LLC et al. v. Samsung Electronics Co. Ltd. et al., No. 15-1707, Fed. Cir.).

Mealey's Litigation Procedure - Class Certified In Halliburton Securities Class Action Lawsuit

DALLAS - A federal judge in Texas on July 25 granted in part an investor's motion for class certification in a securities class action lawsuit, ruling that the investor has properly pleaded a corrective disclosure that led to a price impact on the part of Halliburton Co. and its former CEO with regard to statements made in a Dec. 7, 2001, announcement regarding a jury verdict against Halliburton's subsidiary and others (The Erica P. John Fund Inc., et al. v. Halliburton Co., et al., No. 02-1152, N.D. Texas; 2015 U.S. Dist. LEXIS 97464).

Mealey's Insurance - Breach Of Contract Suit Over Hurricane Ike Claim Was Timely Filed, Magistrate Says

GALVESTON, Texas - A federal flood insurer's denial of an insured's supplemental Hurricane Ike claim following its review of an adjuster's estimate and requests did not trigger the one-year limitations period, a Texas federal magistrate judge ruled July 28, finding that the insured's breach of contract lawsuit was timely filed (Savina Rocha Fernandez v. Fidelity National Property and Casualty Insurance Co., No. 10-460, S.D. Texas; 2015 U.S. Dist. LEXIS 98030).

Mealey's Securities/D&O Liability - Class Certified In Halliburton Securities Class Action Lawsuit

DALLAS - A federal judge in Texas on July 25 granted in part an investor's motion for class certification in a securities class action lawsuit, ruling that the investor has properly pleaded a corrective disclosure that led to a price impact on the part of Halliburton Co. and its former CEO with regard to statements made in a Dec. 7, 2001, announcement regarding a jury verdict against Halliburton's subsidiary and others (The Erica P. John Fund Inc., et al. v. Halliburton Co., et al., No. 02-1152, N.D. Texas; 2015 U.S. Dist. LEXIS 97464).

Mealey's IP/Tech - Texas Federal Judge Sides With Copyright, Trademark Plaintiff

DALLAS - A plaintiff seeking a declaration of invalidity and noninfringement of various copyrights, trademarks and trade dress rights asserted in connection with "replica bullets" prevailed July 27 in Texas federal court (Provident Precious Metals LLC v. Northwest Territorial Mint LLC, No. 13-2942, N.D. Texas.; 2015 U.S. Dist. LEXIS 97338).

Mealey's IP/Tech - Texas Judge Dismisses Copyright Dispute Between Homebuilders

HOUSTON - A copyright infringement defendant was awarded summary judgment on July 24 by a Texas federal judge on grounds that plaintiff Lennar Homes of Texas Sales and Marketing Ltd. cannot prove that defendant Perry Homes LLC "copied any protectable aspects of" two contested townhome designs (Lennar Homes of Texas Sales and Marketing Ltd. v. Perry Homes LLC, No. 14-1094, S.D. Texas; 2015 U.S. Dist. LEXIS 96645).

Mealey's Insurance - Insureds Improperly Joined Insurance Agent In Bad Faith Suit, Judge Rules

DALLAS - A federal judge in Texas on July 21 denied a motion to remand filed by insureds in an insurance bad faith lawsuit, ruling that the insureds' insurance agent was improperly joined in the action (Renee Davis, et al. v. State Farm Lloyds, et al., No. 15-0596, N.D. Texas; 2015 U.S. Dist. LEXIS 95086).

Mealey's Insurance - Insured Failed To Give Timely Notice Of Claim, Texas Appeals Panel Says

DALLAS - No coverage exists for an underlying environmental contamination claim arising out of leaking underground storage tanks because the insured failed to provide notice of the claim within 30 days as required by the policy, the Fifth District Texas Court of Appeals said July 21 (Nicholas Petroleum Inc. v. Mid-Continent Casualty Co., No. 05-13-01106-CV, Texas App., 5th Dist.; 2015 Tex. App. LEXIS 7489).

Mealey's IP/Tech - Yahoo Seeks Sanctions For Firm's Repeated Disclosure Of Confidential Information

DALLAS - A promotional firm's failure to seal a summary judgment motion, which contained confidential information, is an example of its "pattern of blatantly violating confidentiality agreements," Yahoo Inc. said in a July 22 motion for sanctions in a contract and trade secrets lawsuit related to an online basketball tournament contest (SCA Promotions Inc. v. Yahoo! Inc., No. 3:14-cv-00957, N.D. Texas).

Mealey's Litigation Procedure - Yahoo Seeks Sanctions For Firm's Repeated Disclosure Of Confidential Information

DALLAS - A promotional firm's failure to seal a summary judgment motion, which contained confidential information, is an example of its "pattern of blatantly violating confidentiality agreements," Yahoo Inc. said in a July 22 motion for sanctions in a contract and trade secrets lawsuit related to an online basketball tournament contest (SCA Promotions Inc. v. Yahoo! Inc., No. 3:14-cv-00957, N.D. Texas).

Mealey's Toxic Tort/Environmental - 5th Circuit Denies Groups' Challenge To EPA's Approval Of Texas Emissions Plan

NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on July 20 affirmed the U.S. Environmental Protection Agency's approval of the State of Texas' State Implementation Plan (SIP) that provides flexible permits for minor sources of pollution, after finding that seven environmental groups raised the same arguments the agency initially made against the plan in 2012 (Environmental Integrity Project, et al. v. U.S. Environmental Protection Agency, No. 14-60649, 5th Cir.; 2015 U.S. App. LEXIS 12597).

Mealey's Insurance - Judge Allows Insured To Amend Complaint In Insurance Bad Faith Suit

SAN ANTONIO - A federal judge in Texas on July 17 granted an insured's motion for leave to file an amended complaint in an insurance bad faith lawsuit, ruling that the primary purpose of the amended complaint is not to defeat federal jurisdiction (Eloy Flores v. Arch Insurance Co., No. 15-299, W.D. Texas; 2015 U.S. Dist. LEXIS 93645).

Mealey's PI/Product Liability - Panel: Estate Failed To Allege Negligence, Breach Of Contract Claims Against Broker

CINCINNATI - The Sixth Circuit U.S. Court of Appeals on July 15 held that the estate of a man who was killed when an inflatable slide fell on top of him at a Kids Fun Day event at a Cleveland Indians baseball game failed to establish negligence and breach of contract claims against an insurance broker (Kimberly Johnson, as executrix of the estate of Douglas Johnson, deceased v. Doodson Insurance Brokerage of Texas LLC d/b/a CSI Special Insurance Group d/b/a CSI Insurance Group, No.14-1379, 6th Cir.; 2015 U.S. App. LEXIS 12150).

Mealey's Insurance - Panel: Estate Failed To Allege Negligence, Breach Of Contract Claims Against Broker

CINCINNATI - The Sixth Circuit U.S. Court of Appeals on July 15 held that the estate of a man who was killed when an inflatable slide fell on top of him at a Kids Fun Day event at a Cleveland Indians baseball game failed to establish negligence and breach of contract claims against an insurance broker (Kimberly Johnson, as executrix of the estate of Douglas Johnson, deceased v. Doodson Insurance Brokerage of Texas LLC d/b/a CSI Special Insurance Group d/b/a CSI Insurance Group, No.14-1379, 6th Cir.; 2015 U.S. App. LEXIS 12150).

Mealey's Litigation Procedure - Texas Federal Judge Partly Quashes Subpoena In Patent Case

AUSTIN, Texas - Efforts by Samsung Austin Semiconductor (SAS) LLC to quash a subpoena by Rembrandt Secure Computing LP in Rembrandt's patent lawsuit against Apple Inc. were largely successful on July 15 (Rembrandt Secure Computing LP v. Apple Inc. et al., No. 15-438, W.D. Texas; 2015 U.S. Dist. LEXIS 91756).

Mealey's Litigation Procedure - Federal Judge Refuses To Compel Arbitration Of Consulting Dispute In India

HOUSTON - After finding that a consultant would be prejudiced by having to arbitrate his claims in India, a Texas federal judge on July 13 denied a motion to compel arbitration under a consulting agreement (Growtech Partners, et al. v. Accenture LLP, et al., No. 14-3307, S.D. Texas; 2015 U.S. Dist. LEXIS 91511).

Mealey's IP/Tech - Texas Federal Judge Partly Quashes Subpoena In Patent Case

AUSTIN, Texas - Efforts by Samsung Austin Semiconductor (SAS) LLC to quash a subpoena by Rembrandt Secure Computing LP in Rembrandt's patent lawsuit against Apple Inc. were largely successful on July 15 (Rembrandt Secure Computing LP v. Apple Inc. et al., No. 15-438, W.D. Texas; 2015 U.S. Dist. LEXIS 91756).

Mealey's Insurance - Magistrate Judge: Insurer Owes No Defense To Noninsured Entity For Negligence Claim

SHERMAN, Texas - A commercial general liability insurer has no duty to defend or indemnify a corporate entity not named as an insured for underlying negligence claims arising from the defective construction of a barn, a Texas federal magistrate judge held July 15 (Essex Insurance Co. v. Michael A. Brandon, et al., No. 14-421, E.D. Texas; 2015 U.S. Dist. LEXIS 91729).

Mealey's Insurance - Federal Judge Says Insured's Subsidiary Is Not Third-Party Beneficiary Under Policy

SAN ANTONIO - A Texas federal judge on July 10 determined that an insured's subsidiary is not a third-party beneficiary under a policy because the policy did not name the beneficiary as an insured and there is no evidence that the insured made any promises to the subsidiary that it would be covered for environmental liabilities under the policy (Chartis Specialty Insurance Co. v. Tesoro Corp., et al., Nos. 11-00927, 12-00256, W.D. Texas; 2015 U.S. Dist. LEXIS 89642).

Mealey's Antitrust/Unfair Competition - 4 Airlines Hit With Class Suit Alleging Price-Fixing Scheme

DALLAS - Five consumers filed a class complaint on July 8 in the U.S. District Court for the Northern District of Texas against four major airlines, accusing them of conspiring to fix, raise, maintain or stabilize airline ticket prices in violation of Section 1 of the Sherman Act (Elizabeth C. Cumming, et al. v. American Airlines, Inc., et al., No. 15-2253, N.D. Texas).

Mealey's Litigation Procedure - 4 Airlines Hit With Class Suit Alleging Price-Fixing Scheme

DALLAS - Five consumers filed a class complaint on July 8 in the U.S. District Court for the Northern District of Texas against four major airlines, accusing them of conspiring to fix, raise, maintain or stabilize airline ticket prices in violation of Section 1 of the Sherman Act (Elizabeth C. Cumming, et al. v. American Airlines, Inc., et al., No. 15-2253, N.D. Texas).

Mealey's IP/Tech - Federal Circuit Finds No Error In Denial Of Fees In Patent Case

WASHINGTON, D.C. - A Texas federal judge properly found that a patent infringement plaintiff's litigating position "did not stand out," the Federal Circuit U.S. Court of Appeals affirmed July 10 (SFA Systems Inc. v. Newegg Inc., No. 14-1712, Fed. Cir.; 2015 U.S. App. LEXIS 11892).

Mealey's Bankruptcy - Texas Judge Approves End Of Insolvent Insurer's Liquidation Proceeding

AUSTIN, Texas - A Texas judge on July 7 dissolved an insurer in liquidation and ordered the closing of the liquidation proceeding (State of Texas v. Western Indemnity Insurance Company, No. D-1-GV-03-002024, Texas, 261st Dist., Travis Co.).

Mealey's Insurance - Texas Judge Approves End Of Insolvent Insurer's Liquidation Proceeding

AUSTIN, Texas - A Texas judge on July 7 dissolved an insurer in liquidation and ordered the closing of the liquidation proceeding (State of Texas v. Western Indemnity Insurance Company, No. D-1-GV-03-002024, Texas, 261st Dist., Travis Co.).

Mealey's Insurance - Federal Judge: Insurer Has No Duty To Defend Against Suit Alleging 'Group Boycott'

HOUSTON - A Texas federal judge on July 8 held that an insurer has no duty to defend its insured against an underlying lawsuit alleging that it conspired to arrange a "group boycott" to drive a competitor out of business, finding, however, that a decision on the insurer's duty to indemnify the insured is premature (Chartis Specialty Insurance Co. v. JSW Steel [USA], Inc., No. 14-1527, S.D. Texas; 2015 U.S. Dist. LEXIS 88351).