LexisNexis® Legal Newsroom
Mealey's Toxic Tort/Environmental - Judge Trims Waste-Processing Facility's RCRA Claims Against Port District

CHICAGO - A federal judge in Illinois on Feb. 15 found that a waste-processing company could not pursue claims that a port district violated the Resource Conservation and Recovery Act (RCRA) when constructing piers in the 1960s and 1970s using contaminated materials because the plaintiff did not provide...

Mealey's Toxic Tort/Environmental - $24 Million Awarded To Wife, Daughter Of Deceased Smoker

DADE CITY, Fla. - A jury in Florida state court on Feb. 20 awarded a family of a deceased smoker $15 million in punitive damages in an Engle progeny suit bringing the total award to $24 million in a suit where they claimed that smoking was the cause of a man's lung cancer and death (Rosemarie Graffeo...

Mealey's PI/Product Liability - Alabama Supreme Court Orders Arbitration In Nursing Home Injury Suit

MONTGOMERY, Ala. - The Alabama Supreme Court on Feb. 16 found that a trial court erred in denying a nursing home's motion to compel arbitration because the lease signed by a woman who claimed her mother was injured during an altercation at the home indicates that all claims against the home that...

Mealey's Toxic Tort/Environmental - New York Top Court To Decide If Coke Oven Falls Under Asbestos Products Liability

BUFFALO, N.Y. - New York's top court on Feb. 15 agreed to hear a dispute over whether a contract involving coke oven batteries are products for the purposes of an asbestos products liability action or whether the construction project constituted services (In the matter of the Eighth Judicial District...

Mealey's Toxic Tort/Environmental - Mississippi Top Court Allows Asbestos Trust Setoffs From FELA Verdict

JACKSON, Miss. - Nothing in the state's precedent or the Federal Employers' Liability Act (FELA) precludes setting off an asbestos verdict with amounts recovered from asbestos trusts, a divided Mississippi Supreme Court held Feb. 15 (Illinois Central Railroad Co. v. Bennie Oakes, et al., No....

Mealey's Litigation Procedure - Ukraine Claims Russia Violated Maritime Rights In New PCA Arbitration

KYIV, Ukraine - The Foreign Ministry of Ukraine on Feb. 19 announced that it has commenced arbitration against the Russian Federation with the Permanent Court of Arbitration (PCA), alleging that it has violated its maritime rights.

Mealey's Litigation Procedure - AT&T, Time Warner Denied Discovery Of DOJ Privilege Logs In Antitrust Suit

WASHINGTON, D.C. - AT&T Inc. and Time Warner Inc. were denied discovery of certain privilege logs listing governmental communications over their proposed merger from the U.S. Department of Justice (DOJ) on Feb. 20, when a District of Columbia federal judge found that the companies failed to establish...

Mealey's IP/Tech - In Upholding Patent Board, Federal Circuit Sides With Google, Motorola

WASHINGTON, D.C. - A final written decision by the Patent Trial and Appeal Board (PTAB) that canceled all 79 patent claims as obvious was affirmed Feb. 20 by the Federal Circuit U.S. Court of Appeals, marking a win for Google LLC and Motorola Mobility LLC (Arendi S.A.R.L. v. Google LLC, et al., No. 16...

Mealey's Toxic Tort/Environmental - EPA's Request To Stay New York Water Quality Standards Suit Denied

NEW YORK - A federal judge in New York on Feb. 20 denied the U.S. Environmental Protection Agency's motion to stay proceedings in a suit over whether it failed to comply with its requirement under the Clean Water Act to approve or disapprove water quality standards submitted by the state, finding...

Mealey's PI/Product Liability - Panel Orders Lower Court Grant Summary Judgment In Premises Liability Suit

ATLANTA - A panel of the First Division Georgia Court of Appeals on Feb. 20 reversed a trial court order denying summary judgment to a store and its landlord in a premises liability suit after finding that a woman who was hit by a car knew about the danger of stepping in front of a moving car (Cherokee...

Mealey's Litigation Procedure - Consumer Sufficiently Alleges Direct Fraud Against Tax Prep Franchisor, Subsidiary

LOS ANGELES - A California federal judge on Feb. 20 held that a consumer who claims that a tax preparation company, its franchisee and other entities manipulated tax returns and submitted them to the Internal Revenue Service without tax payers' consent has sufficiently alleged a theory of direct...

Mealey's Bankruptcy - Insurers Who Had Settlement Rejected Oppose Oakfabco's Disclosure Statement

CHICAGO - Chapter 11 debtor Oakfabco Inc. on Feb. 21 modified its plan of liquidation and disclosure statement to answer questions by three insurers whose $9.78 million settlement offer was rejected by the debtor and who filed the only objection to the disclosure statement in the Illinois federal bankruptcy...

Mealey's Insurance - New York Panel: Armored Car Company's Insurer Is Not Liable For Jewelry Loss

NEW YORK - A New York appeals panel on Feb. 20 affirmed a lower court's ruling that an armored car company's insurer has no duty to compensate a freight carrier and its insurer for the loss of a gold jewelry shipment that was transported by its insured (AXA Winterthur Insurance Co. v Transvalue...

Mealey's PI/Product Liability - 6th Circuit Says Bone-Growth Appeal Issues Weren't Preserved By Plaintiffs

CINCINNATI - The Sixth Circuit U.S. Court of Appeals on Feb. 22 affirmed the preemption dismissal of a bone-growth product liability lawsuit filed by 53 plaintiffs, finding that they forfeited key arguments they raised on appeal (Michelle Agee, et al. v. Alphatec Spine, Inc., et al., No. 17-3296, 6th...

Mealey's Toxic Tort/Environmental - New Jersey Jury Hears Expert Testimony On Possibility That Asbestos Tainted Talc

TRENTON, N.J. - A materials scientist told a New Jersey jury on Feb. 20 that it was his opinion that a man's mesothelioma arose from exposure to asbestos in talc products he used nearly daily for his entire life, but under cross-examination admitted that the government had not found any evidence...

Mealey's IP/Tech - Federal Circuit Rebuffs Google's Appeal Of Adverse Inter Partes Reviews

WASHINGTON, D.C. - Efforts by Google Inc. to cancel myriad claims of two data-monitoring patents continue to be unsuccessful, with the Federal Circuit U.S. Court of Appeals on Feb. 22 rejecting the software giant's appeal of a finding by the Patent Trial and Appeal Board that the claims are patentable...

Mealey's Litigation Procedure - Harvey Weinstein, Other Defendants Seek Dismissal Of RICO Class Complaint

NEW YORK - Harvey Weinstein and the other defendants in a New York federal lawsuit alleging that Weinstein flashed, fondled, assaulted and raped multiple women filed separate motions on Feb. 20 seeking dismissal of the class complaint alleging violations of the Racketeer Influenced and Corrupt Organizations...

Mealey's Insurance - High Court Rejects Appeal Of California Commissioner's Denial Of Rate Increase

WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 20 denied an insurer's petition for writ of certiorari seeking review of the California Insurance commissioner's decision to deny its application to increase its homeowners insurance rates (Mercury Casualty Co., et al. v. Dave Jones, California...

Mealey's PI/Product Liability - 3rd Circuit Panel Upholds Summary Judgment In Food Poisoning Suit

PHILADELPHIA - A panel of the Third Circuit U.S. Court of Appeals on Feb. 21 affirmed a trial court's decision to grant summary judgment to a restaurant where a woman claimed that she contracted an infection from the clams because she did not prove that the restaurant created the defect in the clams...

Mealey's Litigation Procedure - 9th Circuit: Plaintiff Lacks Standing In FCRA Suit Where There Is No Injury

SEATTLE - A Ninth Circuit U.S. Court of Appeals panel on Feb. 21 cited Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), and joined the Second and Seventh circuits in ruling that a plaintiff alleging violations of the Fair Credit Reporting Act (FCRA) without alleging a concrete injury lacks standing to...

Mealey's Toxic Tort/Environmental - North Carolina Residents Sue DuPont Alleging Discharge Of Toxins Into Groundwater

FAYETTEVILLE, N.C. - A group of residents filed a lawsuit in North Carolina federal court on Feb. 21 against E.I. du Pont de Nemours & Co., alleging that the company is liable for discharging toxic substances into the community near DuPont's Fayetteville Works facility "with blatant disregard...

Mealey's Insurance - Judge: Insureds' Basement Cracking Is Not Covered Under 'Collapses' Provision

BRIDGEPORT, Conn. - Progressive deterioration caused by a chemical reaction and resulting in cracking concrete is not covered under a homeowners insurance policy's "collapses" provision, a Connecticut federal judge ruled Feb. 20 (Bart Zamichiei, et al. v. CSAA Fire & Casualty Insurance...

Mealey's Insurance - Long-Term Disability Claim Was Properly Denied As Time-Barred, Judge Rules

SAN DIEGO - Dismissal of an insured's insurance breach of contract and bad faith lawsuit is necessary because her claims were not brought within the applicable statute of limitations and she has failed to show that the limitations period was tolled by the discovery rule, a federal judge in California...

Mealey's Toxic Tort/Environmental - Federal Judge Says New Jersey Take-Home Exposure Duty Extends To Home's Visitors

PHILADELPHIA - Applying logic New Jersey's top court first espoused in an asbestos case finding a duty to prevent household exposures, a federal judge in Pennsylvania said Feb. 21 that the duty also extends past spouses to a girlfriend who frequently visited an employee's residence (Brenda Ann...

Mealey's Litigation Procedure - ConocoPhillips, Venezuelan Entities Dispute Effect Of DUFTA Ruling In Crystallex

WILMINGTON, Del. - Various ConocoPhillips entities and the national oil company of Venezuela on Feb. 20 filed a joint letter in Delaware federal court, submitting arguments over whether a recent appellate court ruling should result in the dismissal of the oil company's claims that the Venezuelan...