LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Georgia Appeals Panel Reverses Summary Judgment In Medical Malpractice Suit

ATLANTA - A Georgia Court of Appeals panel on Aug. 14 found that a vicarious liability claim against a medical practice in a suit in which family members alleged negligent care led to a woman's death was not added to the suit after the two-year statute of limitations expired because it was not a...

Mealey's Insurance - Reinsurance Executives Say $50M RICO Suit With Insurers Should Be Sent To Arbitration

NEW YORK - Reinsurance executives argue in an Aug. 14 reply brief that a New York federal court should compel arbitration of insurers' $50 million Racketeer Influenced and Corrupt Organizations Act case or, alternatively, stay the dispute "in the interests of fairness and judicial economy"...

Mealey's Toxic Tort/Environmental - Plaintiff Urges Florida Court To Allow Asbestos Experts, Award, Reject Daubert

TALLAHASSEE, Fla. - Two amicus curiae parties on Aug. 15 joined a plaintiff in urging the Florida Supreme Court to reject the Daubert standard and reverse an appellate court's ruling excluding experts and negating an $8 million asbestos award (Richard DeLisle v. Crane Co., et al., No. SC16-2182,...

Mealey's Toxic Tort/Environmental - Glyphosate MDL Attorneys: Monsanto Document Release Not Done In Bad Faith

SAN FRANCISCO - Plaintiffs' attorneys representing people who contend that they developed cancer as a result of exposure to Roundup, the herbicide manufactured by Monsanto Co. that contains glyphosate, on Aug. 14 filed a brief in a California federal court arguing that they did not act in bad faith...

Mealey's Toxic Tort/Environmental - Government's Ownership Of Reservation Triggers CERCLA Liability, Judge Finds

PRESCOTT, Ariz. - A federal judge in Arizona on Aug. 15 ruled that the federal government's fee title ownership of land in the Navajo Reservation that houses 19 uranium mines makes it an owner under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (El Paso Natural...

Mealey's Insurance - Judge Trims Some Of GEICO's Claims From Fraudulent Billing Suit

BOSTON - A federal judge in Massachusetts on Aug. 16 trimmed some claims from a lawsuit brought by the Government Employees Insurance Co. (GEICO) against a chiropractic firm and its owners, finding that while the insurer's claims were timely and not barred by Massachusetts' Strategic Litigation...

Mealey's Banking & Finance - Former Loan Servicer Can Be Liable For Misapplied Mortgage Payments, Judge Says

EUGENE, Ore. - A couple's former loan servicer can be held liable for violating the Real Estate Settlement Procedures Act (RESPA) and other state laws for misapplying their monthly mortgage payments, a federal judge in Oregon ruled Aug. 14, finding that a couple sufficiently stated claims against...

Mealey's Insurance - Disability Insurer Did Not Misclassify Claimant's Own Occupation, Federal Judge Says

KALAMAZOO, Mich. - A disability insurer did not act arbitrarily and capriciously when it classified a claimant's own occupation as sedentary because it relied on information from the claimant and the claimant's employer, a Michigan federal judge said Aug. 15 (Daniel Venier v. Liberty Life Assurance...

Mealey's Banking & Finance - Federal Judge Says Securities Violation Suit Filed Within Statute Of Limitations

NEW YORK - A New York federal judge on Aug. 14 denied a motion to dismiss filed by seven defendants in a suit alleging violations of the Securities Exchange Act after determining that the suit was filed within the act's two-year statute of limitations (Eton Park Fund L.P., et al. v. American Realty...

Mealey's Litigation Procedure - Standard-Of-Care Opinions Allowed In Suit Over Veteran's Suicide

KANSAS CITY, Kan. - Three expert witnesses for the father of a veteran who killed himself after being discharged from a government hospital can testify that the suicide was caused by the U.S. Department of Veterans Affairs' failure to follow its guidelines and standard of care, a Kansas federal judge...

Mealey's Litigation Procedure - Judge Largely Allows ACA Lactation Insurance Coverage Suit To Proceed

SAN FRANCISCO - To the extent an insurer covers lactation services required by the Patient Protection and Affordable Care Act (ACA), allegations that it makes finding or using those providers impossible support a class action, a federal judge in California held Aug. 15 in largely denying a motion to...

Mealey's Toxic Tort/Environmental - Court Says Expert May Offer Causation Opinion On Colon Cancer-Asbestos Link

SAN FRANCISCO - A doctor with 30 years of experience reviewing asbestos and colon cancer cases satisfies the standard for offering an opinion on causation, a California appeals court held Aug. 14 in dismissing a company's complaints about the quality of some of the underlying evidence the expert...

Mealey's PI/Product Liability - Tennessee Appeals Panel Affirms Summary Judgment In Premises Liability Suit

JACKSON, Tenn. - A Tennessee Court of Appeals panel on Aug. 15 found that there was not enough evidence to show that a hospital had constructive knowledge of a defective sliding door, affirming summary judgment for the hospital in a premises liability suit (Sue Ann Templeton v. Jackson-Madison County...

Mealey's Toxic Tort/Environmental - Lago Agrio Attorney Objects To Defense Costs, Seeks Reassignment Of Case

NEW YORK - The attorney representing a group of Ecuadorian residents who won an $18.5 billion judgment against Chevron Corp. for injuries, only to have it reversed, on Aug. 16 filed a letter with the judge presiding over the matter in the U.S. District Court for the Southern District of New York objecting...

Mealey's PI/Product Liability - Texas Appeals Panel Finds City Is Immune From Premises Liability Suit

DALLAS - A Fifth District Texas Court of Appeals panel on Aug. 15 affirmed the dismissal of a premises liability suit against a city after finding that it was immune from suit under state law (Louis Morgan v. The City of Terrell, No. 05-16-00554-CV, Texas App., 5th Dist., 2017 Tex. App. LEXIS 7736).

Mealey's PI/Product Liability - Mylan Pays $465M To Settle False Claims Suit Alleging Underpaid Medicaid Rebates

WASHINGTON, D.C. - Ten months after Mylan Inc. first announced a settlement and seven months after the federal government said there was no such agreement, Mylan and the U.S. Justice Department on Aug. 17 finalized a $465 million settlement of claims that the EpiPen maker violated the False Claims Act...

Mealey's Toxic Tort/Environmental - 6th Circuit Affirms Damages Awarded To Contractor For Site Cleanup

CINCINNATI - A Sixth Circuit U.S. Court of Appeals panel on Aug. 17 affirmed a federal judge in Tennessee's ruling awarding damages to a contractor that helped remediate the site of the Manhattan Project but found that the judge should recalculate the amount of interest owed to the contractor under...

Mealey's Toxic Tort/Environmental - Federal Judge Refuses To Reconsider Consolidation Of Flint, Mich., Water Cases

DETROIT - A federal judge in Michigan on Aug. 15 issued a second order consolidating all of the lawsuits pertaining to the lead-contaminated water crisis in Flint, Mich., into one action in response to a motion to reconsider filed by a group of state employee defendants. The one-page order did not elaborate...

Mealey's Insurance - 5th Circuit Affirms Doctor's Convictions For Health Care Fraud, Kickbacks

NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on Aug. 17 affirmed a jury's verdict convicting a man of committing health care fraud and paying and receiving kickbacks for approving patients for home health care when they did not need such treatment (United States v. Warren Dailey, No...

Mealey's Insurance - Punitive Damages Award Upheld; Award Justified Based On Insurer's Deceit

ST. LOUIS - A jury's award of $2.75 million in favor of a plaintiff who was injured while a passenger in an insured vehicle was not excessive and was justified based on the jury's finding that the insurer deceived the passenger regarding coverage on the insured vehicle, the Eighth Circuit U.S...

Mealey's Banking & Finance - 5th Circuit Reinstates Challenge Of Foreclosure, Finds 2 Rulings Changed Texas Law

NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on Aug. 15 partially reversed a trial court's decision and ruled that Wood v. HSBC Bank USA, N.A., 505 S.W.3d 542 (Tex. 2016), and Garofolo v. Ocwen Loan Servicing, L.L.C., 497 S.W.3d 474 (Tex. 2016), constitute intervening changes in law...

Mealey's Labor & Employment - 11th Circuit Vacates Ruling Relating To Labs' Claims Over Self-Funded Plans

ATLANTA - An 11th Circuit U.S. Court of Appeals panel on Aug. 14 vacated a Florida federal judge's dismissal of laboratory companies' claims relating to self-funded health care plans, saying that the contractual question of whether an assignment of benefits covers self-funded plans is best addressed...

Mealey's Toxic Tort/Environmental - Florida Appeals Panel Affirms $33 Million Verdict In Tobacco Lawsuit

WEST PALM BEACH, Fla. - A Florida appellate panel on Aug. 16 affirmed a $33 million verdict in an Engle progeny suit after finding that the trial court engaged in the "genuineness inquiry" in overruling the tobacco companies' objections to prospective jurors (R.J. Reynolds Tobacco Co.,...

Mealey's Bankruptcy - Rapid-American Protests Insurers' Subpoenas To Claims-Processing Facilities

NEW YORK - Chapter 11 debtor Rapid-American Corp. and the asbestos claimants in its case asked a New York federal bankruptcy judge on Aug. 15 to stop the debtor's insurers from enforcing subpoenas they issued to six asbestos claims-processing facilities, saying the subpoenas are "facially overbroad...

Mealey's Insurance - Judge Declines To Stay Coverage Action Pending Insurer's Liquidation

ST. LOUIS - A Missouri federal judge on Aug. 16 refused to stay a professional liability insurer's dispute against an insolvent insurer over wrongful act claims submitted by the insolvent insurer because she found that the contractual issues are not pivotal to the underlying state court liquidation...