Mealeys

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Mealey's Insurance - Bankruptcy Judge Denies Provisional Relief To Reinsurer's Liquidator On Security Issue
Posted on 15 Jul 2019 by Mealeys

NEW YORK - A New York bankruptcy judge on July 10 denied a liquidator's application for provisional relief staying a decision not yet issued in a New York federal court on a motion seeking an order requiring a reinsurer to post $250 million in additional... Read More

Mealey's Insurance - Federal Judge Dismisses Investor's RICO Claims In Alleged Reinsurance Scheme
Posted on 15 Jul 2019 by Mealeys

KANSAS CITY, Kan. - In a dispute over an alleged reinsurance scheme, a Kansas federal judge on July 12 ruled that an investor's Racketeer Influenced and Corrupt Organizations (RICO) Act claim involving the financial strength of an investment company... Read More

Mealey's Banking & Finance - MERS Waives Response To Woman's High Court Petition In TILA Suit
Posted on 15 Jul 2019 by Mealeys

WASHINGTON, D.C. - Mortgage Electronic Registration Systems Inc. (MERS) says in a July 11 filing with the U.S. Supreme Court that it will not file a response brief to a woman's petition asking the high court to review a Ninth Circuit U.S. Court of... Read More

Mealey's Litigation Procedure - Celebrity Cruises Asks Court To Vacate $10.3M Arbitration Award
Posted on 15 Jul 2019 by Mealeys

MIAMI - Celebrity Cruises Inc. on July 12 asked a Florida federal court to vacate a $10.3 million arbitration award in favor of a former employee who claims to have been injured while working on a cruise ship, arguing that the award violates U.S. public... Read More

Mealey's Insurance - Judge Denies Summary Judgment To Insurer On Coverage, Bad Faith Claim
Posted on 15 Jul 2019 by Mealeys

OKLAHOMA CITY - An insurer is not entitled to summary judgment on the issue of coverage and fails to establish that any policy exclusions preclude coverage for an underlying construction defects case, an Oklahoma federal judge ruled July 12, also denying... Read More

Mealey's Insurance - Pennsylvania Court: Business Pursuits Exclusion Inapplicable; Coverage Triggered
Posted on 15 Jul 2019 by Mealeys

HARRISBURG, Pa. - A Pennsylvania appellate panel on July 11 held that an insurer has failed to establish that a personal umbrella liability insurance policy's "business pursuits" exclusion applies to bar coverage, affirming a lower court's... Read More

Mealey's IP/Tech - In Suboxone Film Patent Row, Divided Federal Circuit Largely Affirms
Posted on 15 Jul 2019 by Mealeys

WASHINGTON, D.C. - Appeals by myriad drug makers of a Delaware federal judge's rejection of their challenge to the validity of several patents directed to Suboxone Film were largely unsuccessful July 12, when a divided Federal Circuit U.S. Court of... Read More

Mealey's Litigation Procedure - Illinois Federal Judge Denies Sanction Request In LaCroix Class Suit
Posted on 15 Jul 2019 by Mealeys

CHICAGO - The maker of a popular carbonated beverage facing a class complaint accusing it of including synthetic rather than natural ingredients failed to provide evidence of a "public smear campaign" or "financial terrorism," a federal... Read More

Mealey's ACA - Plaintiffs, Insurer Lay Out Remedies, Certification Claims In Mental Health Case
Posted on 15 Jul 2019 by Mealeys

SAN FRANCISCO - Whether a court properly certified a class of plaintiffs with various health care plans who were denied mental health treatments and the extent of remedies available under the Employee Retirement Income Security Act are all before a California... Read More

Mealey's Insurance - Judge Dismisses Farmers' Complaint Against Crop Insurers, Federal Agencies
Posted on 15 Jul 2019 by Mealeys

DETROIT - A Michigan federal judge on July 12 dismissed a second amended complaint in farmers' putative class action against crop insurers and the federal agencies that reinsure crop insurers over allegations that the defendants are liable for loss... Read More

Mealey's Labor & Employment - ERISA Preemption Does Not Apply To Overbilling Suit Against Health Care Provider
Posted on 15 Jul 2019 by Mealeys

CINCINNATI - The Sixth Circuit U.S. Court of Appeals on July 11 reversed a district court's judgment in favor of a health care provider after determining that the suit alleging that the provider overbilled patients is not governed by the Employee... Read More

Mealey's IP/Tech - Panel: Board Applied Wrong Public Accessibility Standard To Prior Art
Posted on 15 Jul 2019 by Mealeys

WASHINGTON, D.C. - Samsung Electronics Co. Ltd. prevailed July 12 before the Federal Circuit U.S. Court of Appeals in its appeal of a decision by the Patent Trial and Appeal Board that confirmed all challenged claims of a coding patent (Samsung Electronics... Read More

Mealey's Insurance - Insurer Owes Defense For Underlying Chemical Exposure Claims Against Insured
Posted on 15 Jul 2019 by Mealeys

CHICAGO - An insurer has a duty to defend an insured seeking coverage for underlying liabilities arising out of exposure to polychlorinated biphenyls (PCBs) because the insured's rights under policies issued by the insurer were not released in settlement... Read More

Mealey's PI/Product Liability - Florida Panel Says Airpark Authority Has Right To Sue Over Defects
Posted on 15 Jul 2019 by Mealeys

TALLAHASSEE, Fla. - A Florida appeals panel on July 10 affirmed a lower court judge's ruling that awarded an airpark authority $3.2 million in damages for breach of contract stemming from defects in the construction of airport facilities, finding... Read More

Mealey's Litigation Procedure - Pennsylvania County, Warden Held In Contempt In Class Suit Over Inmate Housing
Posted on 15 Jul 2019 by Mealeys

PHILADELPHIA - A federal judge in Pennsylvania on July 11 held Berks County, Pa., and its warden in civil contempt of a May 20 order to provide a plan for allowing low-risk female inmates to have the same freedom of movement provided to low-risk male... 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...