LexisNexis® Legal Newsroom
Mealey's Insurance - Judge Confirms Reinsurance Arbitration Award, Citing Recent 1st Circuit Opinion

BOSTON - Citing a recent First Circuit U.S. Court of Appeals opinion, a federal judge in Massachusetts on March 25 confirmed a reinsurance arbitration award, finding that an arbitration panel did not exceed its authority (First State Insurance Company, et al. v. Nationwide Mutual Insurance Company, No...

Mealey's Securities/D&O Liability - Judge Appoints Lead Plaintiff, Lead Counsel In Securities Class Action

NEW YORK - A federal judge in New York on March 23 appointed an institutional investor as lead plaintiff in a consolidated securities class action lawsuit, ruling that the investor has met all statutory requirements for serving as lead plaintiff (Woburn Retirement System v. Salix Pharmaceutical Ltd....

Mealey's Labor & Employment - 9th Circuit: Car Dealership Service Advisers Are Owed Overtime

PASADENA, Calif. - Car dealership service advisers are not exempt from Fair Labor Standards Act (FLSA) overtime pay requirements, the Ninth Circuit U.S. Court of Appeals ruled March 24, noting that the matter was a question of first impression for the circuit (Hector Navarro, et al. v. Encino Motorcars...

Mealey's Banking & Finance - 10th Circuit Affirms Dismissal Of FDCPA Claims Against Chase

DENVER - The 10th Circuit U.S. Court of Appeals on March 25 affirmed a district court's decision that dismissed a borrower's claims for violation of the Fair Debt Collection Practices Act (FDCPA) and other claims, finding that he failed to show that he was deprived of his due process rights in...

Mealey's PI/Product Liability - MDL Judge Denies NHL's Motion To Dismiss Former Players' Brain-Injury Suit

MINNEAPOLIS - The federal judge overseeing the brain-injury multidistrict litigation against the National Hockey League on March 25 denied the NHL's motion to dismiss the plaintiffs' class action complaint (In re: National Hockey League Players Concussion Injury Litigation, MDL No. 14-2551, D...

Mealey's IP/Tech - Privacy, Unfair Competition Class Claims May Proceed Against Apple, App Makers

SAN FRANCISCO - A California federal judge on March 23 mostly denied motions by Apple Inc. and a group of application (app) developers to dismiss a class action alleging privacy and other violations related to purported misappropriation of information in the address books of certain Apple devices (iDevices...

Mealey's IP/Tech - Federal Circuit Affirms: Challenge Of Patent Revival Properly Rejected

WASHINGTON, D.C. - A decision by the U.S. Patent and Trademark Office to revive a patent application previously deemed abandoned for failure to satisfy a filing schedule was not subject to third-party collateral challenge, the Federal Circuit U.S. Court of Appeals affirmed March 26 in a per curiam decision...

Mealey's Insurance - Judge Grants Motion For Reconsideration In Directors, Officers Liability Dispute

PADUCAH, Ky. - Granting an insurer's motion for reconsideration, a Kentucky federal judge held March 25 that two underlying actions claiming that insureds participated in a scheme to improperly market international textbooks are not covered under the clear and unambiguous language of a business and...

Magistrate Judge Sets Deadline For Discovery In Fracking Trade Name Dispute

COLUMBUS, Ohio - A federal magistrate judge in Ohio on March 24 ordered that discovery be completed no later than April 13 in a trade name dispute between an energy company and a hydraulic fracturing company that are competing in the same energy market. The energy company contends that the fracking company...

Mealey's Insurance - Jury Finds Florida Couple Guilty Of Operating Sham Clinic To Defraud Medicare

TAMPA, Fla. - A jury in the U.S. District Court for the Middle District of Florida on March 25 found a couple guilty of operating a sham clinic for the purpose of committing health care fraud (United States of America v. Mario Fuertes, et al., No. 14-cr-00092, M.D. Fla.).

Mealey's Securities/D&O Liability - Shareholders Failed To Plead Scienter Against Officer, Auditor, Panel Rules

ATLANTA - A federal judge did not err in dismissing claims in a securities class action lawsuit against a company's executive officer and outside auditor because lead plaintiffs in the action failed to properly plead scienter, an 11th Circuit U.S. Court of Appeals panel ruled March 25 (Christopher...

Mealey's Securities/D&O Liability - Judge: Lead Plaintiff Properly Pleaded Elements Of Securities Law Claim

OAKLAND, Calif. - Dismissal of a securities class action lawsuit is not proper because the lead plaintiff has properly pleaded each of all elements of his federal securities law claims against an online social media game developer and certain of its officers and directors, a federal judge in California...

Mealey's Insurance - 'Smart Candle' Adds No Recognition Beyond Trade Name, 8th Circuit Rules

ST. LOUIS - Underlying allegations fail to allege "in either substance or form" the misuse of a slogan, the Eighth Circuit U.S. Court of Appeals found March 26, affirming a lower court's ruling that the insurer has no duty to defend or indemnify its insured against an underlying dispute...

Mealey's IP/Tech - 11th Circuit Affirms Denial Of Fee Award In Copyright Case

ATLANTA - A Florida federal judge properly adopted a magistrate judge's recommendation that a copyright infringement defendant be denied prevailing-party attorney fees under the Copyright Act, the 11th Circuit U.S. Court of Appeals affirmed March 26 (Malibu Media LLC v. Leo Pelizzo, No. 14-11795...

Mealey's Toxic Tort/Environmental - Judge: Health Department Is Already Prosecuting Company Over Emissions

PITTSBURGH - An environmental group's lawsuit complaining that emissions from Shenango Inc.'s coke operations in Allegheny County, Pa., are violating the Clean Air Act (CAA) was dismissed by a federal judge in Pennsylvania on March 26; she ruled that the Allegheny County Health Department (ACHD...

Mealey's Toxic Tort/Environmental - Judge Orders Plaintiffs In Clean Water Act Suit To Pay $111,784 In Fees

PROVIDENCE, R.I. - Plaintiffs who were unsuccessful in their suit accusing the owners of an automobile scrap yard of violating the Clean Water Act (CWA) by discharging hazardous substances in public waters were ordered by a federal judge in Rhode Island on March 26 to pay $111,784.50 in attorney fees...

Mealey's Insurance - Judge Orders Insurer To Supply Reinsurance Consultant Communications

LANSING, Mich. - A federal judge in Michigan on March 25 granted a reinsurer's motion to compel its reinsured to produce certain documents that the reinsured contended were privileged (Michigan Millers Mutual Insurance Company v. Westport Insurance Corporation, No. 14-cv-00151, W.D. Mich.).

Mealey's Insurance - Panel: No Coverage For Removal Of Debris Deposit Outside Exterior Perimeter Walls

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on March 26 affirmed a lower federal court's ruling that there is no coverage under a Standard Flood Insurance Policy (SFIP) for the removal of debris deposited outside the exterior perimeter walls of New Jersey insureds' building/structure...

Mealey's Litigation Procedure - Split 5th Circuit: Deaf Drivers Failed To State Claim In Suit Over Delayed Licenses

NEW ORLEANS - Deaf Texas individuals who claim they were improperly barred from obtaining driver's licenses until they turned 25 failed to state a claim for which relief can be granted, a split Fifth Circuit U.S. Court of Appeals ruled March 24 (Donnika Ivy, et al. v. Commissioner Michael Williams...

Mealey's Litigation Procedure - Wyoming High Court Affirms Comparative Fault, Evidentiary Rulings In Accident Case

CHEYENNE, Wyo. - A trial court properly instructed a jury to conduct a comparative fault analysis in a personal injury lawsuit pertaining to an auto accident involving a drunken driver, the Wyoming Supreme Court ruled March 24, also upholding the lower court's discovery and Daubert rulings (Mary...

Mealey's Litigation Procedure - $725,000 Extended Jail Detention Settlement Is Granted Provisional Approval

FORT WAYNE, Ind. - An Indiana federal judge on March 26 granted provisional approval of a $725,000 settlement in a class complaint accusing the Whitley County, Ind., sheriff of violating jailed individuals' constitutional rights (Lawrence M. Bickel, et al. v. Sheriff of Whitley County, No. 08-102...

Mealey's Insurance - Issues Of Fact Exist On Insurer's Notice Of Claims, New York Appellate Panel Says

NEW YORK - A trial court erred in dismissing a reinsurer's affirmative defenses in an asbestos coverage case because issues of fact exist regarding whether the insurer provided timely notice of the loss, a New York appellate panel said March 24 (New Hampshire Insurance Co. v. Clearwater Insurance...

Mealey's Securities/D&O Liability - Judge: Investors Failed To Properly Plead Scienter Against Company's Officers

MINNEAPOLIS - Shareholders in a securities class action lawsuit have failed to plead scienter in making their federal securities law claims, a federal judge in Minnesota ruled March 25 in dismissing the shareholders' amended complaint (Rand-Hart of New York Inc., et al. v. James P. Dolan, et al....

Mealey's Litigation Procedure - U.K. Home Office And Technology Firm Reach 150 Million Pound Agreement

WALTHAM, Mass. - A technology company on March 26 announced that its subsidiary has reached a 150 million pound settlement agreement with the United Kingdom in relation to a long-running arbitration dispute over electronic border security.

Mealey's Toxic Tort/Environmental - Justice: Conflicting Testimony Keeps Product Distributor In Asbestos Case

NEW YORK - Conflicting testimony regarding whether a defendant offered specific asbestos-containing products for sale during the relevant time period involves credibility issues, not admissibility issues, and does not warrant summary judgment, a New York justice held in an opinion posted March 26 (Thomas...