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