Mealey's Insurance - Named Driver Exclusion Created Reasonable Basis For Claim Denial, Judge Rules

MUSKOGEE, Okla. - An insurer reasonably denied coverage for an auto accident based on a policyholder's failure to cooperate and the existence of a named driver exclusion that was in force at the time, an Oklahoma federal judge found April 21, granting summary judgment to the insurer on a bad faith...

Mealey's Labor & Employment - 9th Circuit: State Employees Alleging Wage Violations Are Protected From Discovery

PORTLAND, Ore. - The identities of Washington state employees who allege violations of the Fair Labor Standards Act's overtime and record-keeping provisions are protected from discovery under the government's informants privilege, the Ninth Circuit U.S. Court of Appeals ruled April 18 (In re...

Mealey's Insurance - Insurance Agent Breached Agent Agreement, Minnesota Federal Judge Concludes

MINNEAPOLIS - An insurance agent breached an agent agreement with his former employer by inducing former clients into switching their policies, a Minnesota federal judge held April 22, awarding the employer $614,631.61 (American Family Mutual Insurance Co., et al. v. Steven G. Graham and Steven Graham...

Mealey's Health Law - Louisiana Federal Judge Dismisses Reimbursement Dispute; Exhaustion Required

ALEXANDRIA, La. - A Louisiana federal judge on April 21 concurred with a magistrate judge's finding that a reimbursement dispute over the payment of health care benefits should be dismissed for failure of the plaintiff to exhaust administrative remedies (Sanat V. Sanghani, M.D. v. Aetna Life Insurance...

Mealey's Banking & Finance - Judge Dismisses Connecticut City's Class Action Suit Seeking Transfer Taxes

NEW HAVEN, Conn. - A federal judge in Connecticut on April 22 dismissed a class action suit brought by the city of Bridgeport, Conn., on behalf of all municipalities within the state, seeking an order requiring the Federal National Mortgage Association (Fannie Mae), Federal Home Loan Mortgage Corp. ...

Mealey's Health Law - Colorado Federal Judge Grants Injunction In Birth-Control Mandate Challenge

DENVER - A Colorado federal judge on April 17 enjoined Patient Protection and Affordable Care Act (ACA) regulations mandating that a group health plan provide post-fertilization contraceptive coverage (Dr. James C. Dobson and Family Talk v. Kathleen Sebelius, et al., No. 13-3326, D. Colo.; 2014 U.S....

Mealey's Antitrust/Unfair Competition - Reverse-Payment Settlement Is Not Entitled To Antitrust Immunity, Judge Rules

ATLANTA - The reverse-payment settlement of patent litigation between the holder of a drug patent and potential generic manufacturers of the drug is not entitled to Noerr-Pennington immunity from antitrust liability, a federal judge in Georgia ruled April 21 (In re: Androgel Antitrust Litigation [No...

Mealey's Banking & Finance - Judge: Debt Collector's Accessing Of Credit Report Was For Permissible Purpose

SAN DIEGO - A federal judge in California on April 17 granted summary judgment in a consumer lawsuit against a debt collector for alleged violations of the Fair Credit Reporting Act (FCRA), ruling that the consumer failed to show that the debt collector's accessing of her credit report was not for...

Mealey's Antitrust/Unfair Competition - California Consumers Say Ford Misled Them Into Buying Pickups With Bad Engines

LOS ANGELES - Twenty California residents sued Ford Motor Co. on April 22 in federal court, alleging that the Ford pickup trucks they purchased had defective engines and that Ford knew of the defect and not only failed to notify consumers but then also failed to authorize proper repairs or replacement...

Mealey's Banking & Finance - Service Of Process In Debt Collection Suit Was Improper, Judge Rules

PHILADELPHIA - A federal judge in Pennsylvania on April 17 quashed a consumer's service of process on a defendant in a Fair Debt Collection Practices Act (FDCPA) lawsuit, ruling that the service was improper (Meribeth Ghost v. Victory Recovery Service Inc., et al., No. 14-215, E.D. Pa.; 2014 U.S...

Mealey's Labor & Employment - 6th Circuit Panel Reinstates Plant Facilities Manager's Age Discrimination Claims

CINCINNATI - A printing company failed to prove that a widespread reduction-in-force was the cause of a plant facilities manager being terminated, the Ninth Circuit U.S. Court of Appeals ruled April 18, reinstating the former employee's age bias claims (James C. Pierson v. Quad/Graphics Printing...

Mealey's IP/Tech - Federal Circuit Affirms Rejection Of Patent

WASHINGTON, D.C. - A decision by the Patent Trial and Appeal Board to reject eight claims of a shoe outsole patent on anticipation grounds was upheld by the Federal Circuit U.S. Court of Appeals on April 23 (K-Swiss Inc. v. On Clouds GmbH, No. 13-1316, Fed. Cir.).

Mealey's Bankruptcy - Irish Bank Representative: $149M In U.S. Assets Should Be Sold

WILMINGTON, Del. - One of the foreign representatives in the Chapter 15 bankruptcy of Irish Bank Resolution Corp. Ltd. (IBRC) on April 22 filed a brief in the U.S. Bankruptcy Court for the District of Delaware arguing that certain U.S. assets of the IBRC valued at $149 million should be sold (In Re:...

Mealey's Antitrust/Unfair Competition - Consumer Sues Computer Companies Over Claims About Hardware Capabilities

SAN FRANCISCO - Three computer hardware manufacturers violated California consumer protection laws, including the unfair competition law (UCL), by misrepresenting the performance capabilities of their motherboards to mislead consumers into buying their products, a consumer alleges in a class action complaint...

Mealey's Toxic Tort/Environmental - Company, Government Tell High Court That Landowners' Claims Are Time-Barred

WASHINGTON, D.C. - Attorneys for CTS Corp. and the U.S. Department of Justice told the U.S. Supreme Court April 23 that a Fourth Circuit U.S. Court of Appeals ruling reinstating a lawsuit brought by landowners asserting claims under the Comprehensive Environmental Response, Compensation, and Liability...

Mealey's PI/Product Liability - 2nd Circuit Upholds Decision For Golf Course In Personal Injury Action

NEW YORK - The Second Circuit U.S. Court of Appeals on April 23 affirmed summary judgment for the defendant in a premises liability case, agreeing that an experienced golfer's injury claims were barred by the doctrine of primary assumption of risk (Minho Hahn v. Town of West Haverstraw, N.Y., No...

Mealey's Bankruptcy - Judge Orders Asset Sale In 'Girls Gone Wild' Bankruptcy Case

LOS ANGELES - The federal bankruptcy judge in the U.S. Bankruptcy Court for the Central District of California presiding over the Chapter 11 bankruptcy of GGW Brands LLC, the adult entertainment company that makes products carrying the name "Girls Gone Wild," on April 23 issued an order approving...

Mealey's IP/Tech - U.S. Government Opposes Certiorari For Man Convicted Of Threatening Facebook Posts

WASHINGTON, D.C. - In an April 21 brief before the U.S. Supreme Court, the U.S. Department of Justice opposed a petition for a writ of certiorari by a Pennsylvania man convicted of making threatening communications in violation of U.S. Code Title 18, Section 875(c), arguing that a jury was correctly...

Mealey's Toxic Tort/Environmental - Court: Pump Company Must Warn About Component Parts

TRENTON, N.J. - A pump manufacturer can be held liable for failing to warn about the potential dangers of asbestos in frequently replaced component parts such as gaskets and packing, but the plaintiffs must demonstrate exposure to asbestos from those replacement parts to demonstrate causation, a New...

Mealey's Banking & Finance - Dismissal Of Man's Fraud, Breach Of Contract Claims Affirmed By 10th Circuit

DENVER - A 10th Circuit U.S. Court of Appeals panel on April 23 upheld the dismissal of a pro se plaintiff's breach of contract and fraud claims against Bank of America N.A. after agreeing with a federal judge in Colorado that the man was unable to sufficiently allege that the lender induced him...

Mealey's Bankruptcy - 9th Circuit: Debtor Failed To Disclose Material Facts; Debt Is Nondischargeable

SAN FRANCISCO - A panel of the Ninth Circuit U.S. Court of Appeals on April 23 affirmed a bankruptcy court's decision that a debt was nondischargeable on grounds that the debtor failed to disclose material information to a creditor while doing business, which affected the creditor's decision...

Mealey's Banking & Finance - 3rd Circuit Upholds Ruling Dismissing Man's Unfair Trade Practices Claims

PHILADELPHIA - A man's claims under the Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCPL) against Eagle Nationwide Mortgage Co. and Wells Fargo Mortgage Inc. were properly dismissed by a federal judge in Pennsylvania because the plaintiff did not plead his claims with the required...

Mealey's Toxic Tort/Environmental - Federal Judge Dismisses Class Action Over Allegedly Defective Washers

NEWARK, N.J. - After finding that purchasers of allegedly defective washing machines failed to plead their claims with the required particularity, a New Jersey federal judge on April 23 dismissed a class action complaint against the maker of the machines (Stanley Fishman, et al. v. General Electric,...

Mealey's Antitrust/Unfair Competition - Conversion Of Rental Units To Tourist Lodging Illegal, City Attorney Says

SAN FRANCISCO - The owners of three homes in San Francisco illegally converted the properties from residential apartments into commercial tourist lodging after evicting longtime residents, including two who are disabled, from their apartments, the city attorney alleges in two lawsuits filed in state...

Mealey's Bankruptcy - Judge OKs Liquidation Plan; Green Field To Pay Ford Motor Credit Company $1.25M

WILMINGTON, Del. - The federal bankruptcy judge presiding over the Chapter 11 proceeding of Green Field Energy Services Inc. (GFES) in the U.S. Bankruptcy Court for the District of Delaware on April 23 issued conclusions of law and an order confirming the company's plan of liquidation, which would...