Mealeys

Recent Posts

Mealey's Franchise - Jan-Pro Seeks 9th Circuit Rehearing In Franchisee Classification Lawsuit
Posted on 11 Oct 2019 by Mealeys

SAN FRANCISCO - A cleaning service franchisor filed a petition on Oct. 8 seeking a panel rehearing or rehearing en banc after a Ninth Circuit U.S. Court of Appeals panel on Sept. 24 ruled that franchisees may proceed with claims that they are employees... Read More

Mealey's Litigation Procedure - Competing Medical Opinion On Cause Of Woman's Hip Injury Allowed By Judge
Posted on 11 Oct 2019 by Mealeys

GULFPORT, Miss. - A medical expert for a Mississippi resort can testify that a woman required hip replacement surgery due to pre-existing health issues, not because of her fall at the resort, a federal judge ruled Oct. 8 in denying the woman's bid... Read More

Mealey's IP/Tech - Personal Jurisdiction Sufficiently Shown In Trade Secrets Dispute
Posted on 11 Oct 2019 by Mealeys

CINCINNATI - A federal judge in Ohio on Oct. 8 ruled that a medical device maker has sufficiently shown that personal jurisdiction exists over its claims in a trade secret misappropriation lawsuit against former business associates based in China under... Read More

Mealey's IP/Tech - Third-Party Complaint Claims Trimmed In Trademark, Trade Secret Dispute
Posted on 11 Oct 2019 by Mealeys

MIAMI - In an Oct. 9 order, a federal judge in Florida partially granted a motion to dismiss in part filed by counterdefendants in a trademark infringement lawsuit, ruling, in particular, that counterplaintiffs in the action have failed to sufficiently... Read More

Mealey's Toxic Tort/Environmental - Judge Frees 1 Company From Asbestos Case; Plaintiff Seeks Sanctions On 2nd
Posted on 11 Oct 2019 by Mealeys

TACOMA, Wash. - A plaintiff offers only general allegations regarding exposure to asbestos and nothing linking a defendant to those exposures, a federal judge in Washington said Oct. 9 in granting summary judgment. The plaintiffs on Oct. 4 asked the court... Read More

Mealey's Insurance - Judge Did Not Err When Imposing Sentence Above Guidelines, 11th Circuit Says
Posted on 11 Oct 2019 by Mealeys

ATLANTA - A federal judge in Florida did not err when ordering a man to a prison term that was 35 months above U.S. Sentencing Guidelines, an 11th Circuit U.S. Court of Appeals panel ruled Oct. 8, finding that the judge properly considered the defendant's... Read More

Mealey's PI/Product Liability - 4th Circuit Dismisses New Pelvic Mesh Common Benefit Fee Appeal
Posted on 11 Oct 2019 by Mealeys

RICHMOND, Va. - The Fourth Circuit U.S. Court of Appeals on Oct. 9 dismissed without an opinion yet another challenge by a plaintiffs' law firm to common benefit awards made by the federal court overseeing seven pelvic mesh multidistrict litigations... Read More

Mealey's IP/Tech - 7th Circuit Remands Groupon Right Of Publicity Suit For Jurisdictional Finding
Posted on 11 Oct 2019 by Mealeys

CHICAGO - Concluding that Groupon Inc. failed to properly plead federal diversity jurisdiction in removing a right of publicity putative class action from state court, a Seventh Circuit U.S. Court of Appeals panel on Oct. 9 remanded an appeal over a class... Read More

Mealey's Insurance - 9th Circuit: CIGA Is Not A Primary Plan, Has No Duty To Repay For Medicare Payments
Posted on 11 Oct 2019 by Mealeys

SAN FRANCISCO - Because California Insurance Guarantee Association (CIGA) is not a primary plan under the Medicare Act's secondary payer provisions, the Ninth Circuit U.S. Court of Appeals ruled Oct. 10 that CIGA has no obligation to reimburse the... Read More

Mealey's Toxic Tort/Environmental - C8 Plaintiffs: Dupont Acted In Bad Faith When It Deposed Science Panel Witness
Posted on 11 Oct 2019 by Mealeys

COLUMBUS, Ohio - Plaintiffs in the multidistrict litigation related to perfluorooctanoic acid (known as C8) on Oct. 8 filed a brief in Ohio federal court contending that the deposition of one particular witness should be stricken because E.I. du Pont... Read More

Mealey's Insurance - Connecticut High Court Says Occupational Disease Exclusions Apply To Nonemployees
Posted on 11 Oct 2019 by Mealeys

HARTFORD, Conn. - The Connecticut Supreme Court on Oct. 8 affirmed an appellate court's finding that occupational disease exclusions included in two insurers' policies bar coverage for occupational disease claims arising out of silica and asbestos... Read More

Mealey's Insurance - Supplier, Insurer Have No Duty To Defend Target Against Product Liability Suit
Posted on 11 Oct 2019 by Mealeys

LOS ANGELES - A California appeals panel on Oct. 10 affirmed a lower court's ruling that a pharmaceutical product supplier and its commercial general liability insurer have no duty to defend Target Corp. against an underlying product liability lawsuit... Read More

Mealey's Toxic Tort/Environmental - Judge: Transformer Maker's Third-Party CERCLA Claims Are Adequately Pleaded
Posted on 11 Oct 2019 by Mealeys

UTICA, N.Y. - The maker of transformers that contained polychlorinated biphenyls (PCBs) that were later disposed of at a metal recycling facility sufficiently stated claims for arranger and transporter liability under the Comprehensive Environmental Response... Read More

Mealey's PI/Product Liability - 6th Circuit Panels Deny Mandamus Petitions To Stop Oct. 21 Opioid MDL Trial
Posted on 11 Oct 2019 by Mealeys

ATLANTA - The Sixth Circuit U.S. Court of Appeals on Oct. 10 denied two last-minute attempts to stop the Oct. 21 opioid multidistrict litigation bellwether trial, one on the basis of parens patriae by the state of Ohio and one by defendants who claim... Read More

Mealey's Insurance - Judge Denies Dismissal Of Civil Conspiracy Case Against Puerto Rico Insurance Commissioner
Posted on 10 Oct 2019 by Mealeys

SAN JUAN, Puerto Rico - Noting that the Puerto Rico insurance commissioner rehashes previously rejected arguments, a federal judge in Puerto Rico on Oct. 9 refused to dismiss a first amended complaint filed by shareholders and officers of an insolvent... Read More