LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Arkansas Top Court Upholds Certification Of City Employee Class In Suit Over Raises

LITTLE ROCK, Ark. - The Arkansas Supreme Court on Feb. 16 upheld a circuit court's certification of a class of city workers suing for breach of contract after mandated raises ended (City of Conway, an Arkansas Municipality v. Richard Shumate, Jr., et al., No. CV-16-284, Ark. Sup., 2017 Ark. LEXIS...

Mealey's Banking & Finance - Court Finds Borrowers Have No Standing To Challenge Foreclosure

SAN FRANCISCO - A California appellate panel on Feb. 17 affirmed a ruling in favor of various lenders, finding that property owners failed to show that they had standing to challenge a foreclosure under a pooling and services agreement (Hanneke C. Gary R. Lohse, v. Nationstar Mortgage LLC, et al., No...

Mealey's Insurance - Conservator Asks Court To Convert Conservatorship To Liquidation

SAN FRANCISCO - California's insurance commissioner asked one of his state's courts on Feb. 17 to declare an insurer insolvent and order its liquidation (Dave Jones, Insurance Commissioner of the State of California v. CastlePoint National Insurance Company, and DOES 1-50, No. CPF-16-515183,...

Mealey's PI/Product Liability - U.S. Supreme Court Won't Hear Avandia Common Benefit Fee Appeal

WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 21 denied review of a circuit court ruling that a plaintiffs law firm is obligated to pay a 7 percent common benefit fee from the settlement of its state court multiplaintiff lawsuit to attorneys who ran a federal multidistrict litigation (Law Offices...

Mealey's PI/Product Liability - 9th Circuit Stays Cymbalta Class Withdrawal Appeal Pending Supreme Court Case

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Feb. 21 stayed an appeal in a Cymbalta withdrawal class action pending a U.S. Supreme Court ruling in a case with a similar issue (Melissa Strafford, et al. v. Eli Lilly and Company, No. 15-56808, 9th Cir.).

Mealey's Insurance - 9th Circuit Reverses, Remands Excess Coverage Suit Over Racial Discrimination Claim

PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on Feb. 21 reversed and remanded a lower federal court's ruling in a dispute over excess coverage for a settlement demand in an underlying racial discrimination lawsuit against the city of Montebello, Calif. (Security National Insurance Co...

Mealey's PI/Product Liability - Judge Dismisses Proposed Class Action Suit Over Faulty Air Conditioning Coils

AUGUSTA, Ga. - A federal judge in Georgia on Feb. 22 dismissed without prejudice a proposed class action suit accusing Daikin Industries Ltd. (DIL), Daikin Applied Americas Inc. (DAA) and Daikin North Americas LLC (DNA) of making and selling air conditioning units with faulty evaporator coils, ruling...

Mealey's PI/Product Liability - 6 Claims Survive In Whole Or In Part In 5 Federal Cases Involving Essure Device

PHILADELPHIA - All or parts of six claims involving the Essure birth control device on Feb. 21 survived dismissal the second time around while defendant Bayer Corp. picked up dismissals of other counts or parts of them (Helen McLaughlin v. Bayer Corporation, et al., No. 14-7315, Ruth Ruble v. Bayer Corporation...

Mealey's Insurance - New York Panel: Insurer's Expert Report Never Rose Above Level Of Speculation

NEW YORK - A New York appeals panel on Feb. 21 found that an insurer failed to demonstrate prima facie that all of its restaurant insured's claimed losses were caused by flood waters resulting from Superstorm Sandy (Pastabar Cafe Corporation v 343 East 8th Street Associates, LLC, et al. No. 2899...

Mealey's Insurance - 2nd Circuit Ends $7.8M Appeal Of Reinsurance Judgment Debtor

NEW YORK - The Second Circuit U.S. Court of Appeals on Feb. 21 acknowledged a stipulation and ended the appeal of a judgment debtor that opposed a $7.8 million lower court ruling against it (AmTrust North America, Inc. and Technology Insurance Company, Inc., as judgment creditors of Pacific Re, Inc....

Mealey's Securities/D&O Liability - Panel: Alleged Misstatements In Securities Class Action Were Forward-Looking

CINCINNATI - A federal district court did not err in dismissing a securities class action lawsuit because shareholders failed to plead scienter and the defendants' alleged misleading statements were forward-looking and protected, a Sixth Circuit U.S. Court of Appeals panel ruled Feb. 21 in affirming...

Mealey's Litigation Procedure - 8th Circuit Affirms Daubert, Evidence Suppression Rulings In Child Porn Case

OMAHA, Neb. - A trial court properly found that a procedural notice error in the application of a warrant that led to a child pornography conviction did not prejudice the defendant, an Eighth Circuit U.S. Court of Appeals panel ruled Feb. 17, upholding the denial of the defendant's motion to suppress...

Mealey's Litigation Procedure - 7th Circuit: No Jurisdiction Over Where Individual Offer Of Judgment Was Accepted

CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on Feb. 17 dismissed the appeal of a trial court's denial of class certification in a lawsuit alleging unlawful detention by an Illinois city, finding that it lacked jurisdiction after the named plaintiff accepted an individual offer of judgment...

Mealey's Toxic Tort/Environmental - Judge: Tainted Groundwater Case Valid; Damages Allowed Against Some Defendants

NEW ORLEANS - A federal judge in Louisiana on Feb. 21 partially granted and partially denied motions to dismiss claims brought by a class of residents who contend that Chevron USA Inc. and related companies are liable for contaminating their groundwater with naturally occurring radioactive material ...

Mealey's PI/Product Liability - Federal Murder Trial In NECC Fungal Meningitis Trial Passes 1-Month Mark

BOSTON - The federal murder trial of the former president and chief pharmacist of the New England Compounding Center (NECC) on Feb. 21 passed its 30th day of testimony on Nov. 21 with the government presenting its 33rd witness (United States of America v. Barry J. Cadden, et al., No. 14-10363, D. Mass...

Mealey's PI/Product Liability - Louisiana Appeals Court: Family's Claims Perempted By New Home Warranty Act

BATON ROUGE, La. - A Louisiana appeals panel on Feb. 17 affirmed rulings awarding summary judgment to a home builder and its insurer, finding that a family's allegations that defective workmanship caused a fire that destroyed the home were perempted by the New Home Warranty Act (NHWA) (James E. Shields...

Mealey's Litigation Procedure - High Court Rejects Czech Republic's Petition For Review Of Award

WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 21 denied a petition for writ of certiorari filed by the Czech Republic-Ministry of Health, which sought review of an appellate court decision that reversed the denial of a petition to confirm a $325 million arbitral award in favor of a Liechtenstein...

Mealey's Litigation Procedure - ICSID Continues Stay Of Enforcement Of $48M Award Against Bolivia

WASHINGTON, D.C. - An ad hoc Committee for the International Centre for Settlement of Investment Disputes (ICSID) on Feb. 22 released its decision to deny a request by two entities to lift a stay of enforcement of a $48,619,578 arbitral award issued in their favor, continuing the stay until pending annulment...

Mealey's IP/Tech - Federal Circuit Affirms Outcome Of Inter Partes Review Of Drug Patent

WASHINGTON, D.C. - Findings by the Patent Trial and Appeal Board that eight claims of a patent directed to vehicles for drug delivery are unpatentable as obvious were upheld Feb. 21 by the Federal Circuit U.S. Court of Appeals (In re: Depomed Inc., No. 16-1378, Fed. Cir., 2017 U.S. App. LEXIS 2900).

Mealey's PI/Product Liability - Georgia Jury Awards $45.8 Million To Plaintiff In Medical Malpractice Suit

ATLANTA - A Georgia jury on Feb. 22 awarded $45.8 million to a woman and her family after finding that two doctors and the hospital where she gave birth were responsible for her brain damage, which left her completely disabled (Keith Traube v. Atlanta Women's Specialist, et al., No. 14-EV-001821...

Mealey's Toxic Tort/Environmental - Judge: Previous Settlements Do Not Bar Government's Cost Recovery Suit

OKLAHOMA CITY - The federal government's previous settlements with the former owner of a now-defunct oil refinery site that contributed to contamination of the Skull Creek in Cushing, Okla., does not bar it from pursuing a cost recovery claim under the Comprehensive Environmental Response, Compensation...

Mealey's Toxic Tort/Environmental - Wrongful Death Act Requires Couple Be Married At Time Of Injury, Court Says

WEST PALM BEACH, Fla. - The state's Wrongful Death Act does not permit a widow's wrongful death loss of consortium claim arising from asbestos exposure occurring before the couple's marriage, a divided Florida court held Feb. 22 (Janis Kelly, et al. v. Georgia-Pacific LLC, et al., No. 4D15...

Mealey's Insurance - Federal Judge Dismisses Insurer's Suit Alleging Trade Secret Misappropriation

ATLANTA - A federal judge in Georgia on Feb. 22 held that an insurer has failed to show that defendants misappropriated trade secrets to establish a competing business or that they violated the Computer Fraud and Abuse Act (CFAA), dismissing the insurer's lawsuit with prejudice (HCC Insurance Holdings...

Mealey's Toxic Tort/Environmental - Judge: Seattle's Case Against Monsanto Valid; PCB Design Defect Claim Dismissed

SEATTLE - A federal judge in Washington on Feb. 22 dismissed one cause of action but ruled that the majority of claims brought by the city of Seattle against Monsanto Co. for allegedly contaminating its groundwater with polychlorinated biphenyls (PCBs) were valid (City of Seattle v. Monsanto Company...

Mealey's Litigation Procedure - Class Suit Over Insurance Payments For Diminished Values Is Kept In Federal Court

WASHINGTON, D.C. - A District of Columbia federal judge on Feb. 22 denied a motion to remand a class complaint accusing an insurer of breach of contract for failing to pay its insureds for the diminished value of their vehicles, finding that the amount in controversy exceeds $5 million (Evna T. LaVelle...