Mealeys

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Mealey's Insurance - Magistrate Judge Refuses To Disqualify Insurer's Law Firm In Fraud Suit
Posted on 14 Feb 2020 by Mealeys

NEW YORK - A federal magistrate judge in New York in Feb. 12 refused to disqualify attorneys and a law firm representing an insurer that is accusing a compounding pharmacy and its pharmacists of submitting claims for medically unnecessary medications... Read More

Mealey's Securities/D&O Liability - Medical Marijuana Company Named In Stock-Drop Suit Over Alleged Misstatements
Posted on 14 Feb 2020 by Mealeys

BROOKLYN, N.Y. - A medical marijuana company and two of its senior executives issued several misrepresentations in reporting documents with Canadian securities regulators overstating the company's financial and business condition in violation of federal... Read More

Mealey's Insurance - Judge Stays ERISA Case Pending U.S. High Court Ruling On Standing Issue
Posted on 14 Feb 2020 by Mealeys

BROOKLYN, N.Y. - A federal judge in New York on Feb. 13 stayed a lawsuit accusing a captive reinsurer and home health employers of a scheme to cheat home health aides out of lost wages and benefits pending the U.S. Supreme Court's decision in a case... Read More

Mealey's Litigation Procedure - Restaurant Wins Judgment In Trip-Fall Case After Expert's Opinions Found Lacking
Posted on 14 Feb 2020 by Mealeys

BOSTON - A federal judge on Feb. 13 awarded a Massachusetts restaurant summary judgment in a trip-and-fall case involving a revolving door after finding that an expert for the plaintiff provided no admissible evidence that the door malfunctioned (Marjorie... Read More

Mealey's Insurance - Indiana Appellate Panel Sends Bad Faith Lawsuit Back To Trial Court
Posted on 14 Feb 2020 by Mealeys

INDIANAPOLIS - An Indiana trial court erred in holding that an insurer does not owe a duty of good faith and fair dealing to an insured who is not the policyholder because the insured has sufficiently shown that such a duty exists under the three-prong... Read More

Mealey's Franchise - Judge Issues Permanent Injunction To Franchisees For Breach Of Contract
Posted on 14 Feb 2020 by Mealeys

CHICAGO - In-home care franchisees breached their franchise agreements, a federal judge in Illinois held Feb. 11, rejecting the franchisees' fraudulent inducement defense and entering a permanent injunction preventing them from operating their business... Read More

Mealey's Labor & Employment - California High Court Finds Security Check Waiting Time Compensable
Posted on 14 Feb 2020 by Mealeys

LOS ANGELES - The California Supreme Court on Feb. 13 ruled that time spent waiting for and undergoing exit searches is compensable under California Industrial Welfare Commission Wage Order No. 7, answering a question certified by the Ninth Circuit U... Read More

Mealey's Toxic Tort/Environmental - Study: Strongest Evidence Shows Glyphosate Causes Cancer In Mice
Posted on 14 Feb 2020 by Mealeys

NEW YORK - The journal Environmental Health on Feb. 12 published an article in which a researcher determined that the strongest evidence shows that glyphosate, the active ingredient in the herbicide Roundup, causes cancer in mice. The researcher said... Read More

Mealey's Toxic Tort/Environmental - Judge: EPA's FOIA Response 'Inadequate,' But Glyphosate Items Still Withheld
Posted on 14 Feb 2020 by Mealeys

WASHINGTON, D.C. - A federal judge in the U.S. District Court for the District of Columbia on Feb. 12 partially granted and partially denied a law firm's requests for information from the U.S. Environmental Protection Agency under the Freedom of Information... Read More

Mealey's PI/Product Liability - FDA: Withdraw Belviq Weight- Loss Drug Due To Increased Cancer In Study Subjects
Posted on 14 Feb 2020 by Mealeys

SILVER SPRING, Md. - The Food and Drug Administration on Feb. 13 said it has asked Eisai Co. Ltd. to voluntarily withdraw the company's Belviq and Belviq XR prescription weight loss drug from the U.S. market because the company's safety clinical... Read More

Mealey's Antitrust/Unfair Competition - Panel Affirms Dismissal Of UCL, Negligence Claims Against Lexapro Manufacturers
Posted on 14 Feb 2020 by Mealeys

PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on Feb. 11 affirmed a lower federal court's dismissal of California unfair competition law (UCL) and negligence claims against manufacturers of the antidepressant drug Lexapro, finding that... Read More

Mealey's PI/Product Liability - 6th Circuit Stays Some Opioid MDL Discovery, Will Hear Mandamus Arguments
Posted on 14 Feb 2020 by Mealeys

CINCINNATI - The Sixth Circuit U.S. Court of Appeals on Feb. 12 stayed the production of some opioid prescribing data by pharmacy chain defendants in the opioid multidistrict litigation and invited the opioid MDL court to respond to the pharmacies'... Read More

Mealey's IP/Tech - DOD, Microsoft May Not Continue JEDI Program While Amazon's Protest Is Considered
Posted on 14 Feb 2020 by Mealeys

WASHINGTON, D.C. - A U.S. Court of Federal Claims judge on Feb. 13 granted Amazon Web Services Inc.'s motion to preliminarily enjoin the U.S. Department of Defense (DOD) and Microsoft Corp. from proceeding with any activities related to the multibillion... Read More

Mealey's Insurance - Insurer Seeks Equitable Subrogation, Contribution For Construction Defect Case
Posted on 13 Feb 2020 by Mealeys

CHICAGO - An insurer on Feb. 11 sued two subcontractor insurers in an Illinois federal court for equitable subrogation and equitable contribution regarding their duty to defend and indemnify a general contractor in a construction defect case involving... Read More

Mealey's Toxic Tort/Environmental - Attorneys For Donziger, U.S. Government Debate Flight Risk At 2nd Circuit
Posted on 13 Feb 2020 by Mealeys

NEW YORK - An attorney for the U.S. government and an attorney for Steven R. Donziger, the attorney who won an $18.5 billion judgment against Chevron Corp. in a court in Ecuador for injuries only to have it reversed, on Feb. 11 debated before the Second... Read More

  • Blog Post: Jury Finds That Stanford Must Turn Over $330M In 29 Foreign Financial Accounts

    HOUSTON - Two days after finding Texas financier R. Allen Stanford guilty on 13 criminal charges relating to his operation of a massive Ponzi scheme, a federal jury in Texas on March 8 returned a special verdict finding that Stanford must forfeit $330 million held in 29 financial institutions abroad...
  • Blog Post: Court Vacates Ruling On Document Request Against Insolvent Insurer

    HARRISBURG, Pa. - The Pennsylvania Commonwealth Court on March 7 vacated a determination by the Office of Open Records (OOR) denying a request of certain documents under the Right-to-Know Law (RTKL) from the Pennsylvania Department of Insurance and an insolvent insurer related to reinsurance offset guidelines...
  • Blog Post: Insurer's Receiver Filed Timely Claim Under Policy, Judge Concludes

    TALLAHASSEE, Fla. - The Florida Department of Financial Services (FDFS) as receiver for an insolvent insurance company timely filed a claim under a directors and officers liability insurance policy, a Florida federal judge determined March 7 (Florida Department of Financial Services as receiver for American...
  • Blog Post: Judge Refuses To Break Settlement Over Later Benzene Discovery

    ALEXANDRIA, La. - Plaintiffs are bound to a settlement they reached with a natural gas pipeline company even though they did not know of the presence of benzene in the leak when they settled their claims, a Louisiana federal judge said March 7, adding that the plaintiffs could have discovered the information...
  • Blog Post: Judgment Awarded To Insurers On Equitable Contribution Claim

    FRESNO, Calif. - Two insurance companies had no duty to defend an insured for an underlying construction defect action based on their respective "your product" and business risk exclusions, a California federal judge ruled March 6, granting summary judgment to the insurers on an equitable contribution...
  • Blog Post: Missouri Appeals Court Reverses Summary Judgment In Medtronic Defibrillator Case

    KANSAS CITY, Mo. - A Missouri appeals court panel on March 6 reversed summary judgment in a Medtronic LifePak defibrillator case, saying that the plaintiffs raised a question of fact about whether default settings would result in reasonably anticipated actions by a cardiologist (Jeffrey Allen Johnson...
  • Blog Post: Pa. Federal Judge Certifies Class Of Drivers Who Say They Are Not Contractors

    PHILADELPHIA - Delivery drivers in Pennsylvania for a financial and medical courier company can pursue class action claims that their employer misclassified them as independent contractors rather than employees, a federal judge ruled March 8 in granting in part a motion for class certification (Elizabeth...
  • Blog Post: Federal Judge Dismisses Fraud Suit Connected To Tax Shelter Structure

    NEW YORK - A federal judge in New York on March 6 granted a bank's motion to dismiss a suit that brought fraud allegations connected to the bank's involvement in a tax shelter structure and the loans it provided in pursuit of that tax scheme (Gonzales, et al. v. Royal Bank of Scotland Group plc...
  • Blog Post: 401(k) Plan Participant's Fiduciary Duty Claims Are Dismissed By N.Y Federal Judge

    NEW YORK - A 401(k) plan participant failed to sufficiently plead that the plan fiduciaries breached their fiduciary duties by imprudently selecting and monitoring the plan funds and by allowing excessive fees and expenses to be charged, a federal judge in New York ruled March 6 in granting the fiduciaries'...
  • Blog Post: 4th Circuit Reverses Dismissal Of Trademark Dispute

    RICHMOND, Va. - A North Carolina federal judge erred in finding that a trademark infringement defendant established the affirmative defense of laches as a matter of law, the Fourth Circuit U.S. Court of Appeals ruled March 8 (Ray Communications Inc. v. Clear Channel Communications Inc., et al., No. 11...
  • Blog Post: Judge: Shareholders Have Standing To Bring Securities Fraud Claims

    NEW YORK - Shareholders in a securities class action lawsuit have standing to bring their claims against Direxion Shares ETF Trust and others because they have properly brought their claims within the statute of limitations, a federal judge in New York ruled March 6 (In re Direxion Shares ETF Trust,...
  • Blog Post: Pollution Exclusion Bars Coverage For Bat Waste, Wis. High Court Majority Says

    MADISON, Wis. - An insurer has no duty to provide coverage for damages caused by the accumulation of bat guano because the policy's pollution exclusion clearly bars coverage for waste and a reasonable person would interpret bat guano as waste, the majority of the Wisconsin Supreme Court said March...
  • Blog Post: 7th Circuit Affirms Dismissal Of Investor's Breach Of Contract Class Complaint

    CHICAGO - An investor failed to show that the company managing her account and the accounts of her proposed class breached its agreement by charging postage and handling fees for trade confirmation slips in excess of their actual costs, the Seventh Circuit U.S. Court of Appeals ruled March 8, affirming...
  • Blog Post: Panel: Court Didn't Abuse Discretion In Denying Request To Modify Order

    HOUSTON - A federal district court did not abuse its discretion when it denied a party's motion to modify or lift the receivership order for Stanford International Bank Ltd. because it properly determined that "payment of the letter of credit 'will not divest the Receivership Estate of property...
  • Blog Post: Panel: $4M Consent Judgment Unenforceable Against Professional Liability Insurer

    NEW ORLEANS - The no-action and consent-to-settle clauses of a professional liability insurance policy are valid and bar enforcement of a $4 million consent judgment against an insurer, the Fifth Circuit U.S Court of Appeals held March 6, affirming a lower court's declaratory judgment ruling in favor...
  • Blog Post: Bank Tells U.S. Supreme Court Chapter 11 Collateral Sale Must Allow Bidding

    WASHINGTON, D.C. - A creditor bank argues that the Bankruptcy Code precludes confirmation of a hotel chain's Chapter 11 plan that proposes to sell collateral free and clear of liens without allowing the bank to credit bid, according to the bank's brief that the U.S. Supreme Court posted to the...
  • Blog Post: 9th Circuit: Wage Dispute Class Action Belongs In Federal, Not State Court

    PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on March 8 reversed a trial court ruling remanding a wage suit filed by a class of truck drivers to state court, finding that the amount in dispute is in excess of $5 million (Brandon Campbell, et al. v. Vitran Express, Inc., No. 12-55052, 9th...
  • Blog Post: 7th Circuit Reverses Jury Verdict For Employer Based On Unsound Instructions

    CHICAGO - The Seventh Circuit U.S. Court of Appeals on March 8 reversed a jury verdict in favor of an employer in a sex bias and retaliation suit, finding that the jury instruction and verdict form, as well as the trial court judge's response to a jury inquiry, were unsound (Deborah Cook v. IPC International...
  • Blog Post: Judge: Insurer Has No Duty To Defend Suits Alleging $2.6M Kickback Scheme

    SCRANTON, Pa. - An insurer has no duty to defend or indemnify its insureds against underlying lawsuits alleging that the insureds participated in a $2.6 million kickback scheme with two Pennsylvania judges, a Pennsylvania federal judge ruled March 7, granting the insurer's motion for summary judgment...
  • Blog Post: Judge: Insurance Policy Excludes Coverage For Chinese Drywall Claims

    BATON ROUGE, La. - Homeowners' allegations of damages from Chinese drywall are not covered under their insurance policy because the drywall is defective and the drywall's off-gassing is both corrosive and a pollutant, a Louisiana federal judge ruled March 9, finding that the policy's defective...
  • Blog Post: Federal Judge Grants Judgment In Favor Of United States In Ponzi-Related Action

    BOSTON - In an interpleader action filed by Sovereign Bank to determine whether the United States or other defendants are entitled to $43,353.17 allegedly subject to seizure by the United States in connection with a Ponzi scheme, a federal judge in Massachusetts on March 9 granted the United States'...
  • Blog Post: Federal Judge Rejects Defendant's Arguments In Student Loan Action

    CEDAR RAPIDS, Iowa - A federal judge in Iowa on March 7 granted the United States' motion for summary judgment against a defendant who defaulted on a federal student loan, rejecting the defendants' arguments that the United States' claim was barred by the statute of limitations, that the...
  • Blog Post: N.Y. Federal Judge Dismisses Breach Of ERISA Fiduciary Duty Claim Related To FLSA

    NEW YORK - A federal judge in New York on March 7 dismissed with prejudice former and current employees' claims that a health care consortium breached its fiduciary duty under the Employee Retirement Income Security Act by failing to credit their retirement plans for the actual number of hours worked...
  • Blog Post: Ohio Court: 'Nontraditional Route' To Treatment Shouldn't Doom Asbestos Claim

    CLEVELAND - Ohio did not intend for its asbestos litigation legislation to erase a claim brought by a worker whose union benefits provided a nontraditional route to treatment and who died prior to learning that the new criteria would apply to pending claims, an Ohio appeals court held March 8 (Marilyn...
  • Blog Post: Judge Denies Motions, Applies Offsets To $9.18 Million Asbestos Verdict

    NEWPORT NEWS, Va. - A Virginia judge on March 9 denied John Crane Inc.'s post-trial motions and entered a final order reducing a jury's award to $8,475,000 from $9.18 million to account for settlements reached on a widow's wrongful death claim arising from her late husband's exposure...