http://www.lexisnexis.com/mealeys/news.aspx Daily Legal News from LexisNexis® en-us http://www.lexisnexis.com/mealeys/images/lexismealeyslogo.gif 130 29 http://www.lexisnexis.com/mealeys/news.aspx Copyright 2012 http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=2012-727%20Mealey%27s%20Daily%20News%20Update%201&view=full&ORIGINATION_CODE=00144 target='_blank' NEW YORK - A federal judge in New York on May 24 approved a $90 million settlement between former Lehman Brothers Holdings Inc. directors and officers and a proposed class of Lehman investors, settling claims that the executives misled the investors about Lehman's true exposure to subprime mortgages before its 2008 collapse (In re: Lehman Brothers Securities and ERISA Litigation, MDL No. 09-2017, $(In re: Lehman Brothers Equity/Debt Securities Litigation, No. 08-5523$), S.D. N.Y.). Judge Approves $90M Settlement With Lehman Officers, Directors Top Headlines Banking and Finance Securities and DOL Litigation Procedure http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=2012-727%20Mealey%27s%20Daily%20News%20Update%202&view=full&ORIGINATION_CODE=00144 target='_blank' WASHINGTON, D.C. - A unanimous U.S. Supreme Court on May 24 upheld a Fifth Circuit U.S. Court of Appeals majority decision to award summary judgment to Quicken Loans Inc. after finding that plaintiffs must show that parties split fees from settlement services in order to pursue a claim under the Real Estate Settlement Procedures Act (RESPA) (Tammy Freeman, et al. v. Quicken Loans Inc., No. 10-1042, U.S. Sup.; 2012 U.S. LEXIS 3940). High Court: Plaintiffs Must Show That Parties Split Fees To Pursue RESPA Claim Top Headlines Banking and Finance http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=2012-727%20Mealey%27s%20Daily%20News%20Update%203&view=full&ORIGINATION_CODE=00144 target='_blank' PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on May 24 affirmed a lower federal court's ruling in favor of a commercial general liability insurer on the insured's breach of contract and bad faith claims in a coverage dispute arising from allegations that the insured sold defective reheat coils and air valves to a university hospital (Toro-Aire Inc. v. Federal Insurance Co., No. 10-56880, 9th Cir.; 2012 U.S. App. LEXIS 10514). 9th Circuit Affirms Ruling In Insurer's Favor In Defective Coils Coverage Suit Insurance Top Headlines Personal Injury/Product Liability Daily http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=2012-727%20Mealey%27s%20Daily%20News%20Update%204&view=full&ORIGINATION_CODE=00144 target='_blank' SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on May 24 affirmed the dismissal of a plaintiff's Fair Credit Reporting Act (FCRA) claims regarding her closed Kohl's Department Stores Inc. credit card account, finding that the defendants were not "objectively unreasonable" in accessing her credit report (Kamlesh Banga v. Experian Information Solutions, et al., No. 10-15913, 9th Cir.; 2012 U.S. App. LEXIS 10516). 9th Circuit Affirms Dismissal Of Suit Arising From Accessing Credit Report Top Headlines Banking and Finance http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=2012-727%20Mealey%27s%20Daily%20News%20Update%205&view=full&ORIGINATION_CODE=00144 target='_blank' NEW HAVEN, Conn. - A Connecticut federal judge on May 24 predicted that the state Supreme Court would allow design defect and warnings defect claims in prescription drug injury cases (Lynn Gardner Moss, et al. v. Wyeth, Inc., et al., No. 3:04-1511, D. Conn.). Conn. High Court Would Allow Drug Design Defect, Warnings Claims, U.S. Judge Says Personal Injury/Product Liability Daily Top Headlines http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=2012-727%20Mealey%27s%20Daily%20News%20Update%206&view=full&ORIGINATION_CODE=00144 target='_blank' WASHINGTON, D.C. - A California federal judge correctly found that Microsoft Corp. is not an infringer of a patent directed to performing background searches over a network, the Federal Circuit U.S. Court of Appeals ruled May 24 (Walker Digital LLC v. Microsoft Corp., No. 11-1419, Fed. Cir.). Federal Circuit Affirms: Microsoft Does Not Infringe Search Patent IP/Tech Top Headlines http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=2012-727%20Mealey%27s%20Daily%20News%20Update%207&view=full&ORIGINATION_CODE=00144 target='_blank' FORT PIERCE, Fla. - A federal judge in Florida on May 23 certified a class and preliminarily granted partial approval of a settlement in a suit in which a defendant was alleged to have violated the Fair Debt Collection Practices Act (FDCPA) in its attempt to collect a debt purportedly owed to a third-party mortgage receiver, but he rejected the proposed settlement's requirement for class members to submit claim forms (Malka Andes v. G. Moss and Associates, LLP, No. 11-14295, S.D. Fla.; 2012 U.S. Dist. LEXIS 71661). Settlement Earns Partial Approval In Debt Collection Suit Top Headlines Banking and Finance Litigation Procedure http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=2012-727%20Mealey%27s%20Daily%20News%20Update%208&view=full&ORIGINATION_CODE=00144 target='_blank' PROVIDENCE, R.I. - A retirement plan did not abuse its discretion under the Employee Retirement Income Security Act by excluding a severance payment from a participant's earnings for purposes of calculating the participant's retirement benefits under the plan, even though the employer considered the payment as earnings for tax withholding purposes, a federal judge in Rhode Island ruled May 23 (Gary Chapman v. Supplemental Benefit Retirement Plan of LIN Television Corporation and Subsidiary Companies, et al., No. 09-518, D. R.I.; 2012 U.S. Dist. LEXIS 71484). Plan Properly Excluded Severance Payment From Pension Benefit, Judge Says Labor and Employment Top Headlines http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=2012-727%20Mealey%27s%20Daily%20News%20Update%209&view=full&ORIGINATION_CODE=00144 target='_blank' SIOUX CITY, Iowa - An Iowa federal judge on May 23 dismissed a class suit brought by individuals arrested on serious misdemeanor charges who claim that they were unconstitutionally strip-searched pursuant to an across-the-board jail policy in Woodbury County, Iowa (Melinda Barkley, et al. v. Woodbury County, Iowa, et al., No. 10-4106, N.D. Iowa; 2012 U.S. Dist. LEXIS 71747). Iowa Judge Finds Strip-Search Class' Claims Are Time Barred Top Headlines Litigation Procedure http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=2012-727%20Mealey%27s%20Daily%20News%20Update%2010&view=full&ORIGINATION_CODE=00144 target='_blank' TALLAHASSEE, Fla. - A Florida appeals panel on May 24 reversed and remanded a $6.25 million judgment against an insurer in a coverage dispute arising from a teenager's alleged injury at a fundraiser (Interstate Fire & Casualty Company v. Tatiana Abernathy, et al., No. 1D11-1905, Fla. App., 1st Dist.; 2012 Fla. App. LEXIS 8278). Florida Panel Reverses, Remands $6.25M Judgment Against Insurer Insurance Top Headlines Personal Injury/Product Liability Daily http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=2012-727%20Mealey%27s%20Daily%20News%20Update%2011&view=full&ORIGINATION_CODE=00144 target='_blank' ALBANY, N.Y. - A New York justice on May 23 denied a proposed plan of rehabilitation for Frontier Insurance Co., finding that certain surety claims are entitled to class two priority in liquidation and that the proposed rehabilitation plan will provide less favorable treatment for the surety claimants than proceeding in liquidation (In the matter of the rehabilitation of Frontier Insurance Co., No. 97-06, N.Y. Sup., Albany Co.; 2012 N.Y. Misc. LEXIS 2416). New York Justice Denies Plan Of Rehabilitation For Frontier Insurance Co. Insurance Top Headlines http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=2012-727%20Mealey%27s%20Daily%20News%20Update%2012&view=full&ORIGINATION_CODE=00144 target='_blank' BOISE, Idaho - A cease-and-desist letter stemming from a radar detector patent dispute enjoys immunity from suit under Idaho law as a communication made in the course of litigation, an Idaho federal judge said May 23, and the letter also cannot serve as the basis for a Lanham Act claim (Escort Inc., et al. v. Hoyt A. Fleming, et al., No. 1:12-cv-0064-BLW, D. Idaho; 2012 U.S. Dist. LEXIS 72193). Judge Says Letter Does Not Support Claim For Unfair Competition Top Headlines Antitrust and Unfair Competition Banking and Finance IP/Tech http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=2012-727%20Mealey%27s%20Daily%20News%20Update%2013&view=full&ORIGINATION_CODE=00144 target='_blank' FORT WORTH, Texas - Insureds failed to show that their insurer had a duty to defend three construction defect actions, a Texas federal judge held May 22, granting partial summary judgment to the insurer on a breach of contract claim (D.R. Horton Inc., et al. v. American Guarantee & Liability Insurance Co., No. 11-039, N.D. Texas; 2012 U.S. Dist. LEXIS 72127). Federal Judge Grants Partial Judgment To Insurer On Breach Of Contract Claim Insurance Top Headlines http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=2012-727%20Mealey%27s%20Daily%20News%20Update%2014&view=full&ORIGINATION_CODE=00144 target='_blank' NEW YORK - An insurance company and its affiliate on May 24 filed a brief in the U.S. Bankruptcy Court for the Southern District of New York objecting to a motion by bankrupt Hostess Brands Inc. that seeks to use alternative dispute resolution (ADR) as a means of resolving various claims in its Chapter 11 proceeding (In Re: Hostess Brands Inc., No. 11-22052, Chapter 11, S.D. N.Y. Bkcy.). Alternative Dispute Resolution Proposal By Hostess Should Be Changed, Insurers Say Bankruptcy Banking and Finance Corporate Bankruptcy Top Headlines Insurance http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=2012-727%20Mealey%27s%20Daily%20News%20Update%2015&view=full&ORIGINATION_CODE=00144 target='_blank' NEW ORLEANS - A panel of the Fifth Circuit U.S. Court of Appeals on May 24 affirmed a bankruptcy court's ruling that a debtor's attorney was not permitted to recover approved legal fees because an underlying order authorized the trustee to pay that money to the debtor's mortgage company (Reese W. Baker v. David G. Peake $(In Re: Craig Warren Fernandez$), No. 11-20332, Chapter 13, 5th Cir.; 2012 U.S. App. LEXIS 10544). 5th Circuit: Fees Sought By Debtor's Attorney Properly Paid To Debtor's Lender Bankruptcy Banking and Finance Consumer Bankruptcy http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=2012-727%20Mealey%27s%20Daily%20News%20Update%2016&view=full&ORIGINATION_CODE=00144 target='_blank' SALT LAKE CITY - A Utah Court of Appeals panel on May 24 upheld a trial court's decision to deny summary judgment to a construction company in a workplace accident action, disagreeing with the defendant's contention that the plaintiff failed to properly allege a premises liability claim in his amended complaint (Jose M. Gonzalez v. Russell Sorensen Construction, No. 20100671-CA, Utah App.; 2012 Utah App. LEXIS 156). Utah Appeals Panel: Judge Properly Denied Summary Judgment To Construction Firm Personal Injury/Product Liability Daily http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=2012-727%20Mealey%27s%20Daily%20News%20Update%2017&view=full&ORIGINATION_CODE=00144 target='_blank' MIAMI - A Florida federal judge on May 22 granted an ex parte motion for entry of a temporary restraining order (TRO) against a second group of unknown defendants that Gucci America Inc. says are operating websites selling counterfeit Gucci products (Gucci America Inc. v. 2replicawatches.com, et al., No. 1:12-cv-21154, S.D. Fla.; 2012 U.S. Dist. LEXIS 71367). Gucci Granted Temporary Restraining Order Against 145 Accused Counterfeit Websites IP/Tech http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=2012-727%20Mealey%27s%20Daily%20News%20Update%2018&view=full&ORIGINATION_CODE=00144 target='_blank' DETROIT - A Michigan federal judge on May 23 dismissed with prejudice all claims against an excess insurer after it reached a confidential settlement with its insured in a coverage dispute arising from claims for retaliation and civil rights violations against the insured (City of Warren, Michigan, et al. v. International Insurance Company of Hannover, Ltd., et al., No. 10-10234, E.D Mich.). Federal Judge Dismisses Suit Against Excess Insurer After Parties Reach Settlement Insurance http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=2012-727%20Mealey%27s%20Daily%20News%20Update%2019&view=full&ORIGINATION_CODE=00144 target='_blank' MILWAUKEE - A Wisconsin federal magistrate judge on May 23 refused to dismiss state wage-and-hour claims filed by janitorial workers after finding that supplemental jurisdiction was justified under the efficiency rationale (Vicente Martinez, et al. v. Regency Janitorial Services, Inc., et al., No. 11-C-259, E.D. Wis.; 2012 U.S. Dist. LEXIS 71635). Wisconsin Federal Magistrate Refuses To Dismiss State Wage-And-Hour Claims Litigation Procedure Labor and Employment http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=2012-727%20Mealey%27s%20Daily%20News%20Update%2020&view=full&ORIGINATION_CODE=00144 target='_blank' LINCOLN, Neb - A psychologist properly was allowed to testify in a custody dispute that the mother was a more fit parent for sole custody, a Nebraska Court of Appeals panel held May 22 (Laura Keiser v. Scott Hohenthaner, No. A-11-590, Neb. App.; 2012 Neb. App. LEXIS 116). Psychologist's Custody Evaluation Properly Admitted, Nebraska Panel Finds Litigation Procedure http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=2012-727%20Mealey%27s%20Daily%20News%20Update%2021&view=full&ORIGINATION_CODE=00144 target='_blank' WEST PALM BEACH, Fla. - Allegations of copyright infringement by a pro se plaintiff were rejected by a Florida federal judge May 23 (John C. Dixon v. Sony Corporation of America, No. 12-60160, S.D. Fla.; 2012 U.S. Dist. LEXIS 71658). Florida Federal Judge Dismisses Copyright Action Against Sony IP/Tech http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=2012-727%20Mealey%27s%20Daily%20News%20Update%2022&view=full&ORIGINATION_CODE=00144 target='_blank' SACRAMENTO, Calif. - A federal judge in California on May 22 ordered a company to return $100,000 it received from another company's Ponzi scheme proceeds, but the judge would not order disgorgement of the funds from the personal assets of the receiving company's director and officer who ordered the transfer of the funds (Securities and Exchange Commission v. Anthony Vassallo, et al., No. 09-cv-00665, E.D. Calif.; 2012 U.S. Dist. LEXIS 71301). Judge Will Not Order Director And Officer To Return Ponzi Scheme Proceeds Banking and Finance Securities and DOL Top Headlines http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=2012-727%20Mealey%27s%20Daily%20News%20Update%2023&view=full&ORIGINATION_CODE=00144 target='_blank' WILMINGTON, Del. - The U.S. trustee in the Chapter 11 case of bankrupt energy company Solyndra LLC on May 24 filed a brief in the U.S. Bankruptcy Court for the District of Delaware objecting to Solyndra's motion to increase post-petition funding (In Re: Solyndra LLC, No. 11-12799, Chapter 11, D. Del. Bkcy.). U.S. Trustee: Solyndra Not Entitled To Additional Post-Petition Financing Bankruptcy Banking and Finance Corporate Bankruptcy http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=2012-727%20Mealey%27s%20Daily%20News%20Update%2024&view=full&ORIGINATION_CODE=00144 target='_blank' WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on May 23 released its decision regarding the construction of an article under a bilateral investment treaty, finding that the accurately translated version required that an investor first commence litigation in Turkmenistan courts before it can file arbitration proceedings (Kilic Insaat Ithalat Ihracat Sanayi ve Ticaret Anonim Sirketi v. Turkmenistan, No. ARB/10/1, ICSID). ICSID Finds Investor Must Pursue Litigation In Turkmenistan Under BIT Litigation Procedure