Mealeys

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Mealey's Insurance - Insurer Seeks To Compel Reinsurers To Produce Info On Allocation Of Settlement
Posted on 17 Sep 2019 by Mealeys

BOSTON - An insurer in a Sept. 13 motion asks a Massachusetts federal court to compel reinsurers to produce documents and interrogatory responses relating to their allocation and billing of its own 2009 settlement with an insured in a separate matter... Read More

Mealey's Insurance - Judge Decides On Runoff Insurer's Advancement Of Litigation Expenses
Posted on 17 Sep 2019 by Mealeys

NEW YORK - A New York federal judge on Sept. 12 ruled on a runoff insurer's advancement of litigation expenses under investment management agreements (IMAs) for third-party actions arising out of the initial fraud lawsuit filed by the runoff insurer... Read More

Mealey's ACA - Amici Say 5th Circuit Ruling Contravenes Precedent, ERISA
Posted on 17 Sep 2019 by Mealeys

WASHINGTON, D.C. - Direct payments to health care providers do not waive anti-assignment provisions or transform the provider into the type of party that can sue an insurer under the Employee Retirement Income Security Act, industry groups tell the U... Read More

Mealey's Litigation Procedure - Remand Denied, Arbitration Granted In Off-The-Clock Work Class Complaint
Posted on 17 Sep 2019 by Mealeys

LOS ANGELES - A federal magistrate judge in California on Sept. 13 denied an employee's motion to remand his class complaint over wage violations, including allegations that he and others who worked for a health care staffing company were denied compensation... Read More

Mealey's Insurance - Judge Enters Judgment In For Insurer On Breach Of Contract, But Not On Bad Faith
Posted on 17 Sep 2019 by Mealeys

CHARLESTON, S.C. - In a coverage dispute following settlement of a construction defects case, a South Carolina federal judge on Sept. 16 granted summary judgment to a commercial general liability insurer on an assignee's breach of contract claim but... Read More

Mealey's Litigation Procedure - Class Certification Denied In Breach Of Express Warranty 'Natural' Labeling Suit
Posted on 17 Sep 2019 by Mealeys

NEW YORK - A federal judge in New York on Sept. 12 denied a motion for class certification filed by consumers suing over the use of "natural" on labeling of Tom's of Maine Inc. personal case products, ruling that plaintiffs failed to show... Read More

Mealey's Litigation Procedure - Expert For Injured Child In Trip-And-Fall Case Excluded By Magistrate
Posted on 17 Sep 2019 by Mealeys

COLUMBUS, Ohio - An expert cannot opine on a child's fall at a Dollar Tree store in a personal injury action because her proposed testimony is not "based on sufficient facts or data" as required by Federal Rule of Evidence 702, an Ohio federal... Read More

Mealey's Insurance - Rule 37(b) Sanctions Ordered In Bad Faith Suit Over Homeowners Insurance Claim
Posted on 17 Sep 2019 by Mealeys

SACRAMENTO, Calif. - Sanctions are warranted against an insured in a breach of contract and bad faith lawsuit brought pursuant to a homeowners insurance dispute because the insured made an intolerable "about-face" in first arguing that he was... Read More

Mealey's IP/Tech - Divided Panel Upholds Patent Term Adjustment In Defeat For Appellant
Posted on 17 Sep 2019 by Mealeys

WASHINGTON, D.C. - A decision by a Virginia federal judge to sustain the U.S. Patent and Trademark Office (PTO)'s calculation of a term adjustment for an immunosuppression therapy drug patent was not erroneous, a divided Federal Circuit U.S. Court... Read More

Mealey's IP/Tech - 5th Circuit Affirms: Implicit License To Use Seismic Data Granted
Posted on 17 Sep 2019 by Mealeys

NEW ORLEANS - A Texas federal judge did not err in rejecting allegations of copyright infringement levied against a geoscience data company, the Fifth Circuit U.S. Court of Appeals ruled Sept. 13 (Geophysical Services Inc. v. TGS Nopec-Geophysical Services... Read More

Mealey's Labor & Employment - Employer Not Required To Provide COBRA Notification, 6th Circuit Says In Reversing
Posted on 17 Sep 2019 by Mealeys

CINCINNATI - The Sixth Circuit U.S. Court of Appeals on Sept. 13 reversed a district court's ruling in a health insurance coverage dispute after determining that an employer did not violate the Comprehensive Omnibus Budget Reconciliation Act (COBRA... Read More

Mealey's Securities/D&O Liability - Dell Agrees To Pay $21M To Settle Shareholder Class Action Lawsuit
Posted on 17 Sep 2019 by Mealeys

AUSTIN, Texas - Dell Inc. will pay $21 million to settle claims that the global information technology company and certain of its senior executives violated federal securities laws by misrepresenting Dell's international business growth and concealed... Read More

Mealey's PI/Product Liability - Jury Says Design Company Should Pay $5.7M Over Construction Defects
Posted on 17 Sep 2019 by Mealeys

ATLANTA - A federal jury in Georgia on Sept. 16 ordered a firm that specializes in designing chemical engineering plants to pay $5.75 million to an energy company that accused it of creating plans that resulted in the improper installation of piping and... Read More

Mealey's PI/Product Liability - 8 Opioid MDL Defendants Seek Judge's Disqualification For Alleged Settlement Bias
Posted on 17 Sep 2019 by Mealeys

CLEVELAND - Eight defendants in the opioid multidistrict litigation on Sept. 14 filed a motion asking the judge to disqualify himself because of the judge's alleged bias for a settlement (In Re: National Prescription Opiate Litigation, MDL Docket... Read More

Mealey's Toxic Tort/Environmental - Doctor's Conviction, Amended Restitution Amount Affirmed By 5th Circuit Panel
Posted on 17 Sep 2019 by Mealeys

NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on Sept. 13 upheld the conviction of a Mississippi doctor who was found guilty of billing TRICARE, the health care benefit program serving U.S. military, veterans and their respective family members... 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: 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: 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: 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: 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: 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: 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 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: 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: 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: 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: 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: 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: 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 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: 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...
  • Blog Post: Fiduciary Duty Claims Against Former Trustee Are Timely, 3rd Circuit Holds

    PHILADELPHIA - A trial court properly ruled that the fraudulent concealment exception to the statute of limitations applied to claims by a profit-sharing plan's current trustees that a former trustee violated his fiduciary duties under the Employee Retirement Income Security Act by fraudulently reporting...
  • 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: 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...