LexisNexis® Legal Newsroom
Mealey's Insurance - Judge: Insurance Agent Not Fraudulently Joined In Insurance Bad Faith Suit

OKLAHOMA CITY - A federal judge in Oklahoma on April 14 remanded an insurance bad faith lawsuit to state court, ruling that an insurance agent was not fraudulently joined in the action (Eileen Caballero v. Safeco Insurance Company of America Inc., et al., No. 14-1336, W.D. Okla.; 2015 U.S. Dist. LEXIS...

Mealey's Labor & Employment - 5th Circuit Upholds Dismissal Of Claims Challenging Paid Detail Ordinances

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on April 15 upheld the dismissal of claims challenging two ordinances passed by the City of New Orleans related to paid detail for city police officers, finding that the ordinances did not violate the U.S. and state constitutions (Walter Powers, Jr...

Mealey's Banking & Finance - 1st Circuit Dismisses Foreclosure-Related Case Against HSBC As Moot

BOSTON - After finding that no controversy exists in a case filed by a borrower who obtained a loan modification to prevent foreclosure, the First Circuit U.S. Court of Appeals on April 15 dismissed her claims against a bank as moot (Jodi B. Matt v. HSBC Bank USA, N.A., et al., No. 13-2209, 1st Cir.;...

Mealey's Toxic Tort/Environmental - Judge Awards Summary Judgment To Coal Company In Suit Over Discharges

BIG STONE GAP, Va. - A federal judge in Virginia on April 13 awarded summary judgment to a coal company accused by environmental groups of violating the Clean Water Act (CWA) by discharging pollutants at levels in excess of those allowed by its National Pollutant Discharge Elimination System (NPDES)...

Mealey's Bankruptcy - Garlock's Review Procedures For Settled Asbestos Claims Not Needed, Committee Says

CHARLOTTE, N.C. - Garlock Sealing Technologies LLC's proposed procedures for objecting to and disallowing claims of 2,333 people seeking payment for asbestos-related injuries under prepetition settlements with Garlock should be rejected because the procedures are one-sided, unreasonable and unnecessary...

Mealey's PI/Product Liability - New York Bankruptcy Judge Finds Suits Against GM Barred By Sale Order

NEW YORK - A sale order and injunction issued pursuant to Section 363 of the U.S. Bankruptcy Code shields General Motors LLC (New GM) from liability for the majority of ignition-switch suits stemming from conduct on the part of General Motors Corp. (Old GM), a bankruptcy judge in New York held April...

Mealey's PI/Product Liability - NCAA, Class Representatives Urge MDL Judge To Approve Revised Settlement Proposal

CHICAGO - The National Collegiate Athletic Association (NCAA) and representatives of a class of student-athletes filed memoranda April 14 urging the federal judge overseeing concussion multidistrict litigation against the NCAA to approve a new settlement proposal (In re National Collegiate Athletic Association...

Mealey's Bankruptcy - Allowed Asbestos Claims To Be Paid In Energy Future's Reorganization Proposal

WILMINGTON, Del. - Holders of allowed asbestos personal injury claims against Chapter 11 debtor Energy Future Holdings Corp. (EFH) will be paid in full for their claims, according to a plan of reorganization and disclosure statement filed by the energy company April 14 in Delaware federal bankruptcy...

Mealey's PI/Product Liability - Core False Claims Act Claims Against Cephalon Survive Dismissal

PHILADELPHIA - A Pennsylvania federal judge on April 15 denied dismissal of the core allegations in a False Claims Act lawsuit filed against Cephalon Inc. by three former employees who allege that the company engaged in off-label marketing of the wakefulness drug Provigil and its successor, Nuvigil ...

Mealey's IP/Tech - Federal Circuit Affirms: Patent Is Invalid As Anticipated

WASHINGTON, D.C. - A Texas federal judge properly deemed a patented polyethylene-based composition for the use of forming shaped products anticipated, the Federal Circuit U.S. Court of Appeals ruled April 16 (Ineos USA LLC v. Berry Plastic Corporation, No. 14-1540, Fed. Cir.).

Mealey's Toxic Tort/Environmental - Magistrate Judge: Shipyard's Arguments Belong In Summary Judgment Motion

WILMINGTON, Del. - A shipyard's motion to dismiss claims against a subsidiary involves merit issues and should be converted into a motion for summary judgment, a federal magistrate judge in Delaware said April 14 (Charles D. Malone and Elizabeth Malone v. Air & Liquid Systems Corp., et al., No...

Mealey's Litigation Procedure - 8th Circuit Upholds Daubert Rulings In Suit Over Lightning Strike Fire

ST. LOUIS - A trial court properly applied the standards of Daubert v. Merrell Dow Pharmaceuticals Inc. (509 U.S. 579, 592-93 [1993]) in partly excluding an insurer's expert report and in admitting a tubing firm's expert's testimony, an Eighth Circuit U.S. Court of Appeals panel ruled April...

Mealey's Securities/D&O Liability - Split 2nd Circuit Panel Affirms Dismissal Of Securities Class Action

NEW YORK - A divided Second Circuit U.S. Court of Appeals panel on April 15 affirmed a federal district court's dismissal of a securities class action lawsuit, ruling that shareholders failed to state a claim for relief (IBEW Local Union No. 58 Pension Trust Fund and Annuity Fund v. The Royal Bank...

Mealey's Insurance - Judge: Claims In Bad Faith Suit Governed By State's Division Of Insurance

LAS VEGAS - Dismissal of an insurance bad faith lawsuit is proper, a federal judge in Nevada ruled April 13, because an insured's claims are governed by the state's Division of Insurance, which has exclusive jurisdiction over the claims (Desiree DeCastro v. Progressive Northern Insurance Co....

Mealey's Insurance - Judge: Fact Issues Exist On Insurer's Defense For Faulty Work, Failure-To-Warn Claims

PHILADELPHIA - Factual questions remain as to whether an insurer had a duty to defend an additional insured against allegations of negligent construction and failure to warn, a Pennsylvania federal judge ruled April 14 (Citizens Insurance Company of America v. Selective Way Insurance Co., No. 14-6232...

Mealey's Litigation Procedure - 5th Circuit Reverses Decision That Award Violated Public Policy

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on April 16 found that a district court erred in finding that an arbitration award violated public policy, reversing a decision that refused to enforce the award in a case filed by a seaman, who alleged that he was injured aboard a vessel (Lito Martinez...

Mealey's PI/Product Liability - Florida High Court: Defendants Not Entitled To Fees In Medical Malpractice Case

TALLAHASSEE, Fla. - A settlement proposal rejected by the plaintiff in a medical malpractice case did not meet the requirements under Florida law for an award of attorney fees and costs to the defendant following the entry of a defense verdict, the Florida Supreme Court ruled in a split decision April...

Mealey's Toxic Tort/Environmental - New York Justice Finds Tile Maker Didn't Meet Summary Judgment Standard

NEW YORK - A tile company has not satisfied the prima facie standard for summary judgment, the recently appointed New York justice overseeing asbestos litigation in the city held in an opinion posted April 16 (Richard R. Lefrak v. Aerco International Inc., et al., No. 190033/14, N.Y. Sup., New York Co...

Mealey's Insurance - 'Your Work' Exclusion Bars Coverage For Insured's Faulty Work, Panel Affirms

CORPUS CHRISTI, Texas - Allegations of an insured's defective work are precluded under a commercial general liability insurance policy's "your work" and subsidence exclusions, a Texas appeals panel affirmed April 16, finding no duty to defend or indemnify (Adolfo Vela d/b/a Adelco Enterprises...

Mealey's PI/Product Liability - Appeals Court Upholds Ruling Finding Defects Suits Against Contractor Untimely

PHOENIX - An Arizona Court of Appeals panel on April 14 affirmed a trial court judge's ruling finding that lawsuits brought by a condominium association and doctors who purchased units for their office space were barred by the state's two-year statute of limitations for negligence claims, holding...

Mealey's Bankruptcy - Creditors Hire Expert For Energy Future's Asbestos Claim Notice Procedures

WILMINGTON, Del. - A Delaware federal bankruptcy judge on April 14 authorized a creditors' committee in the Chapter 11 case of Energy Future Holdings Corp. (EFH) to hire an asbestos noticing expert to evaluate the debtor's proposed procedures for notifying asbestos personal injury claimants of...

Mealey's Insurance - Coverage For Insured Is Clearly Limited To $100,000, New York Appellate Panel Says

BROOKLYN, N.Y. - Because a policy clearly provides for a maximum of $100,000 in coverage for cleanup and removal of the discharge of a pollutant caused by a "peril" that occurs during a policy period, the maximum amount of coverage available to an insured seeking coverage for the release of...

Mealey's Insurance - Judge: No Coverage For Alleged Scheme Involving Medical Records Processing Fees

CHARLESTON, W.Va. - A West Virginia federal judge on April 16 found that the "common theme" of an underlying complaint against a hospital and a records-imaging and storage company is deliberate, intentional conduct that led to an expected, desired or foreseeable result and not a chance occurrence...

Mealey's Litigation Procedure - 3rd Circuit: Trial Court Erred Finding Computer Spying Class Is Not Ascertainable

PHILADELPHIA - A district court erred when it found that proposed classes in a putative class action accusing a retailer of improperly spying on its customers via spyware were not ascertainable, a Third Circuit U.S. Court of Appeals panel ruled April 16 (Crystal Byrd, et al. v. Aaron's Inc., et al...

Mealey's Toxic Tort/Environmental - Judge Denies Company's Motion To Exclude City's Experts, Supplemental Reports

MADISON, Wis. - A federal judge in Wisconsin on April 15 denied motions filed by a plaintiff company in a Comprehensive Environmental Response, Compensation, and Liability Act case, seeking to exclude expert testimony and supplemental reports filed by the City of Ashland, Wis., finding that the experts'...