LexisNexis® Legal Newsroom
Mealey's Labor & Employment - D.C. Circuit Partially Affirms Labor Board's Ruling In Union Dispute

WASHINGTON, D.C. - The District of Columbia Circuit U.S. Court of Appeals on July 24 affirmed in part and reversed in part the National Labor Relations Board's decision in a meat-processing plant's union organizing dispute (Bruce Packaging Company, Inc. v. National Labor Relations Board, No....

Mealey's Labor & Employment - Split D.C. Circuit: No Tolling For Worker Who Didn't Give EEOC His New Address

WASHINGTON, D.C. - A complainant who failed to update his mailing address with the Equal Employment Opportunity Commission and, as a result, did not receive his right-to-sue notice when it was first sent is not entitled to equitable tolling, a split District of Columbia Circuit U.S. Court of Appeals...

Mealey's Antitrust/Unfair Competition - Federal Judge Allows Claims Based On Safe Harbor To Continue In Labeling Dispute

SAN DIEGO - In ruling on a motion to dismiss in a class action lawsuit accusing the manufacturer of Maker's Mark whiskey of deceptive advertising and business practices, a federal judge in California on July 27 dismissed state unfair competition law (UCL) and False Advertising Law (FAL) claims based...

Mealey's Antitrust/Unfair Competition - California Judge Dismisses UCL, False Advertising Claims Over Phone App

FRESNO, Calif. - A federal judge in California on July 24 dismissed with leave to amend claims under the state's False Advertising Law (FAL) and unfair competition law (UCL) as they related to an omission by the defendant that additional fees may be imposed after the purchase of an application used...

Mealey's PI/Product Liability - Judge: Economic-Loss Doctrine Bars Class Action Suit Over Corrugated Steel Tubing

BALTIMORE - A federal judge in Maryland on July 27 found that a proposed class for homeowners whose homes have allegedly defective corrugated stainless steel tubing (CSST) made by Ward Manufacturing LLC could not be certified and that the lead plaintiffs failed to state claims upon which relief could...

Mealey's Banking & Finance - 3rd Circuit Rejects Challenge To Certification Of Class Based On Lending Scheme

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on July 29 affirmed a district court's decision to certify a class of borrowers who alleged that two banks engaged in predatory lending practices, finding that all of the requirements for class certification were met (In re: Community Bank of...

Mealey's Securities/D&O Liability - Judge: Pension Fund Failed To Plead Scienter In Securities Class Action

LOS ANGELES - A federal judge in California on July 28 granted a motion to dismiss filed by defendants in a securities class action lawsuit, ruling that a pension fund failed to properly plead scienter as statutorily required (In re Herbalife Ltd. Securities Litigation, No. 14-2850, C.D. Calif.).

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...

Mealey's PI/Product Liability - Appeals Court: Building Code Does Not Create Duty To Subsequent Buyer

PHOENIX - A 2-1 panel of the Division I Arizona Court of Appeals ruled July 28 that a trial court judge properly dismissed a couple's negligence claim against Pulte Home Corp. over the construction of an allegedly defective retaining wall, holding that the City of Phoenix Uniform Building Code creates...

Mealey's Toxic Tort/Environmental - 4th Circuit Affirms Ruling Ordering Man To Pay Restitution For Diluting Oil

RICHMOND, Va. - A federal judge in North Carolina did not err when ordering a man to pay restitution to the U.S. Environmental Protection Agency, an oil company and his insurer as a result of his violation of the Toxic Substances Control Act (TSCA), a Fourth Circuit U.S. Court of Appeals ruled July 29...

Mealey's IP/Tech - 9th Circuit Reverses, Says Photo Agency Has Standing In Copyright Case

SAN FRANCISCO - A California federal judge erred in holding that a licensing agent for photographers lacks statutory standing under the Copyright Act to sue textbook publisher John Wiley & Sons Inc. for copyright infringement, the Ninth Circuit U.S. Court of Appeals ruled July 29 (Minden Pictures...

Mealey's Insurance - Judge Declines To Dismiss Contribution Claim, Finds Insurer Had Duty To Defend

LAS VEGAS - A commercial general liability insurer has a duty to defend and indemnify insureds in 16 underlying construction defect lawsuits, a Nevada federal judge ruled July 29, declining to dismiss a contribution claim filed by three other insurers who defended the insureds (Assurance Company of America...

Mealey's Insurance - Special Entity Exclusion Bars Coverage In Bad Faith Suit, Federal Judge Rules

DENVER - Summary judgment in an insurance bad faith lawsuit is proper, a federal judge in Colorado ruled July 29, because the claims stated by an insured were excluded under a specific entity exclusion clause in the policy (P&S LLC v. National Union Fire Insurance Company of Pittsburgh, PA, No. 14...

Mealey's Litigation Procedure - Class Certification Denied In Flight-Delay Suit; Counsel Deemed Inadequate

NEW YORK - A New York federal judge on July 27 denied class certification in a suit accusing an airline of violating the Montreal Convention, finding that the plaintiffs failed to show that each Federal Rule of Civil Procedure 23 requirement was met and that the plaintiffs' attorney failed to demonstrate...

Mealey's PI/Product Liability - Most Claims Dismissed In Kugel Patch Case With Leave To Amend

SAN DIEGO - A California federal judge on July 28 dismissed the majority of a plaintiff's claims involving an allegedly defective Kugel surgical patch (Jesus Tapia v. Davol, Inc., et al., No. 15-179, S.D. Calif.; 2015 U.S. Dist. LEXIS 98521).

Mealey's Insurance - Judge: Insurer Legally Justified In Denying Coverage Under Policy

CINCINNATI - Summary judgment is warranted on an insured's insurance bad faith claim because an insurer was legally justified in denying coverage under the insured's policy, a federal judge in Ohio ruled July 27 (Michael R. Schmidt, et al. v. The Travelers Indemnity Company of America, No. 13...

Mealey's Securities/D&O Liability - Report: Securities Class Action Filings Below Average In First Half Of 2015

BOSTON - Although securities class action filings in the first half of 2015 were up over the number of filings from first half of 2014, the number of filings overall still remains below historical semiannual averages, according to a report filed July 29 by economic and financial analysis provider Cornerstone...

Mealey's PI/Product Liability - Mississippi High Court: Judge Properly Excluded Experts' Estimates To Repair Defects

JACKSON, Miss. - A Mississippi Supreme Court panel on July 30 upheld a trial court judge's decisions to award summary judgment to the developer, architect, structural engineer and contractors who repaired the Inn by the Sea (IBTS) condominiums following Hurricane Katrina and exclude the expert testimony...

Mealey's PI/Product Liability - NuVasive Pays $13.5M For Off-Label Sales, Kickbacks For Spine Fixation Device

BALTIMORE - Orthopedic device maker NuVasive Inc. has agreed to pay $13.5 million to resolve civil allegations that it marketed its CoRoent System spinal device for off-label purposes and paid kickbacks, according to a July 30 settlement and press release (United States of America ex rel. Kevin Ryan...

Mealey's Insurance - Panel Affirms Ruling In Insurer's Favor On Claim That It Violated Human Rights

RICHMOND, Va. - The Fourth Circuit U.S. Court of Appeals on July 30 held that an insurer did not have an obligation to investigate claims that racial animus motivated its insured's decision not to settle an underlying lawsuit stemming from a police shooting, affirming a lower federal court's...

Mealey's Toxic Tort/Environmental - Hawaii AG Announces $15.4M Settlement Over 2013 Molasses Spill

HONOLULU - Hawaii Attorney General Douglas S. Chin on July 30 announced that Matson Navigation Co. will pay $15.4 million to resolve claims stemming from a September 2013 molasses spill that discharged 233,000 gallons of molasses into Honolulu Harbor and will cease its operations there.

Mealey's PI/Product Liability - Former Kansas City Chiefs Players Ask MDL Court To Remand Suits To State Court

PHILADELPHIA - A group of 23 former members of the Kansas City Chiefs football team on July 30 asked the judge overseeing the brain-injury multidistrict litigation against the National Football League to remand their suits against the team to state court in Missouri (In re: National Football League Players'...

Mealey's Insurance - Insurer Sufficiently Pleaded Equitable Subrogation, Indemnity Claims, Panel Says

DAYTONA BEACH, Fla. - An insurer's sufficiently asserted third-party claims for equitable subrogation and common-law indemnity against a contractor for its alleged negligent role in water damage to insureds, a Florida appeals panel ruled July 31, also finding that the insurer should have been allowed...

Mealey's Insurance - Magistrate Judge Enjoins Arbitration That Challenges Earlier Arbitration Award

NEW YORK - A magistrate judge in a federal court in New York on July 30 granted an insurer's motion to enjoin an arbitration, holding that the arbitration demand of a group of reinsurers was in direct contravention of the Federal Arbitration Act (FAA) (Arrowood Indemnity Co. v. Equitas Insurance...

Mealey's Litigation Procedure - D.C. Federal Judge Enforces English Ruling For Congolese Company

WASHINGTON, D.C. - A District of Columbia federal judge on July 30 issued a decision to enforce an English ruling in favor of a Congolese company and denied a motion filed by the Republic of Congo to substitute the company as a plaintiff in the case based on rulings made by several Congolese courts ...