LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Suit Seeking Discovery Filed Over Post-Irma Death At Florida Nursing Home

FORT LAUDERDALE, Fla. - A man whose mother died in a Florida nursing home after the air conditioning system broke following Hurricane Irma filed suit on Sept. 15 against the home, its owners and administrative staff, seeking a pure bill of discovery and to preclude the home, its staff and owner from...

Mealey's Insurance - Illinois Federal Judge Says Disability Insurer Reasonably Terminated Benefits

CHICAGO - A disability insurer did not breach its contract or act unreasonably by terminating a claimant's total disability benefits because the evidence shows that the claimant was able to undertake a number of mentally and physically demanding activities, an Illinois federal judge said Sept. 14...

Mealey's PI/Product Liability - 2nd Criminal Trial In Deadly Fungal Meningitis Outbreak Gets Under Way In Boston

BOSTON - A second federal criminal trial stemming from the deadly 2012 fungal meningitis outbreak tied to New England Compounding Center (NECC) got under way Sept. 19 in Boston (United States of America v. Glenn A. Chin, No. 14-cr-10363, D. Mass.).

Mealey's Toxic Tort/Environmental - New York Appellate Court Vacates Stay Of New York Asbestos Case Management Order

NEW YORK - A New York appellate court on Sept. 19 vacated the stay it issued in July that halted implementation of the hotly contested case management order (CMO) governing asbestos cases in New York City (In re: New York City Asbestos Litigation, All Asbestos Cases., No. 40000/1988 782000/2017, N.Y...

Mealey's Labor & Employment - 7th Circuit: Firing Just After PTSD Disclosure Is Not Discriminatory

CHICAGO - A decision by the Indiana Department of Transportation (INDOT) to fire a more than 20-year employee shortly after he disclosed a post-traumatic stress disorder (PTSD) diagnosis did not constitute disability discrimination, a Seventh Circuit U.S. Court of Appeals panel ruled Sept. 18 (Jeff Monroe...

Mealey's Toxic Tort/Environmental - Family Tells Court Asbestos Release Shouldn't Bar Wrongful Death Claim

NEW ORLEANS - Family members mistakenly signed away asbestos wrongful death claims based on their father's attorney's misrepresentations, and the failure to hire their own counsel should not be considered inexcusable neglect, plaintiffs told the Fifth Circuit U.S. Court of Appeals Sept. 18 (Essie...

Mealey's Insurance - Nevada Federal Judge Says Bad Faith Claim, Unfair Practices Claim Can Stand

LAS VEGAS - A Nevada federal judge on Sept. 19 denied an insurer's motion for summary judgment as it pertained to a plaintiff's claims for unfair settlement practices and bad faith because the plaintiff provided sufficient evidence to support the claims (Melinda Booth Dogra et al., v. Liberty...

Mealey's IP/Tech - 2nd Circuit Affirms Denial Of Request To Disqualify Trademark Counsel

NEW YORK - Although vacating and remanding a permanent injunction, the Second Circuit U.S. Court of Appeals on Sept. 19 affirmed a New York federal judge's decision to deny a request for disqualification of Locke Lord in a dispute over the Swiss Army knife trade dress (Victorinox AG, et al. v. The...

Mealey's Insurance - Judge Adjourns Fraud Trial So Defendant Can Review Recorded Sales Calls

NASHVILLE, Tenn. - A federal judge in Tennessee on Sept. 19 granted a motion filed by a man accused of orchestrating a telemarketing scheme to sell insurance products that were not major medical health insurance, finding that he should be allowed to review recordings of approximately 100,000 sales calls...

Mealey's Toxic Tort/Environmental - Limitations Period Has Expired On Claim Of Tainted Groundwater, Company Says

NEW YORK - Northrop Grumman Corp. on Sept. 18 filed a brief in the Second Circuit U.S. Court of Appeals arguing that an amicus brief filed by parties interested in a groundwater contamination lawsuit is premised on "a fundamental misconception" regarding the limitations period for tort claims...

Mealey's Toxic Tort/Environmental - Judge Refuses To Challenge Validity Of State Agency's Radon Emissions Findings

SALT LAKE CITY - A federal judge in Utah on Sept. 15 awarded summary judgment to a uranium mining company after refusing to challenge the validity of a state agency's findings that the company's radon emissions were excessive and in violation of the Clean Air Act (CAA) (Grand Canyon Trust v....

Mealey's Insurance - Bifurcation Of Bad Faith Claim Is Not Warranted, Pennsylvania Federal Judge Says

WILLIAMSPORT, Pa. - A Pennsylvania federal judge on Sept. 18 denied an automobile insurer's motion to sever and stay its insureds' bad faith claim after determining that bifurcation would not promote judicial economy and that the insurer would not be prejudiced if the claims are tried together...

Mealey's Litigation Procedure - Expert's Opinion On Paralysis Tossed When Evidence Shows Accuser Can Walk

SAN JUAN, Puerto Rico - An expert witness for a woman who says her paralysis was caused by medical malpractice was excluded from testifying by a Puerto Rico federal judge, who ruled Sept. 18 that the expert's opinion on the cause of the paralysis is useless because, despite the woman's claims...

Mealey's Insurance - Breach Of Fiduciary Duty Claim Dismissed In Dispute Over Sham Reinsurer Scheme

NEW YORK - In a dispute over two alleged schemes involving a "sham reinsurance company" and a "sham medical billing company," a New York justice on Sept. 15 dismissed claims by an investment fund for breach of fiduciary duty and aiding and abetting breach of fiduciary duty and unjust...

Mealey's IP/Tech - Patent Board's Inurement Determination Reversed, Remanded By Federal Circuit

WASHINGTON, D.C. - A rejection by the Patent Trial and Appeal Board of assertions by an appellant that it created a prototype embodying a claimed invention before the priority date of a cited prior art reference was reversed and remanded by the Federal Circuit U.S. Court of Appeals on Sept. 20 (NFC Technology...

Mealey's Insurance - Judge Bifurcates Pipe Company's Counterclaims Against Insurers, Denies Stay

SEATTLE - A federal judge in Washington on Sept. 20 agreed to bifurcate the proceedings in a declaratory judgment suit brought by two insurers against a pipe company, finding that the defendant company's extracontractual counterclaims against the insurance companies can proceed to trial and that...

Mealey's Litigation Procedure - Unions Lack Standing To Sue OPM Over Data Breach, Judge Rules, Dismissing Suit

WASHINGTON, D.C. - A District of Columbia federal judge on Sept. 19 dismissed a consolidated class action against the U.S. Office of Personnel Management (OPM) related to a series of 2015 data breaches that compromised employees' personally identifiable information (PII), finding that the two plaintiff...

Mealey's Securities/D&O Liability - Judge Allows Majority Of Claims To Survive In Securities Class Action

NEW YORK - A federal judge in New York on Sept. 19 substantially rejected a motion to dismiss filed by defendants in a securities class action lawsuit, ruling that the lead plaintiff in the action has properly pleaded a majority of its federal securities law claims (In re VEON Ltd. Securities Litigation...

Mealey's Insurance - Insurance Fraud Defendants' Emailed Defenses Were Improper, Judge Rules

TRENTON, N.J. - A federal judge in New Jersey on Sept. 19 struck defenses submitted via email by three defendants accused by Government Insurance Co., GEICO Indemnity Co., GEICO General Insurance Co. and GEICO Casualty Co. (collectively GEICO) of submitting approximately $3.3 million in false insurance...

Mealey's Insurance - Tennessee Federal Judge Says Bifurcation Appropriate For Trial Of Bad Faith Claim

MEMPHIS, Tenn. - Bifurcation of a bad faith claim for trial in a coverage dispute over damaged computer hard drives is appropriate because judicial economy will be promoted and prejudice against the insurer will be avoided, a Tennessee federal judge said Sept. 18 in granting the insurer's motion...

Mealey's Insurance - No Coverage Owed For Damages Caused By Collapsed Liquid Propane Tanks

WILLIAMSPORT, Pa. - No coverage is afforded for damages to an insured's property caused by the collapse of liquid propane tanks into a sinkhole because the sinkhole was caused by excess rainfall, which is clearly precluded under the policy's flood exclusion, a Pennsylvania federal judge said...

Mealey's Litigation Procedure - Expert's Testimony On Mine Subsidence Allowed By Federal Judge

WHEELING, W.Va. - An engineering expert can opine that nearby coal-mining operations caused subsidence damage to a couple's property in West Virginia, a federal judge held Sept. 18, finding that the expert's opinion is both reliable and helpful and that the late production of the expert's...

Mealey's Labor & Employment - Judge Orders More Discovery Into Jurisdiction In Health Insurance Billing Spat

ALBUQUERQUE, N.M. - A critical care emergency medical transport company is entitled to further jurisdictional discovery into the individuals involved in denying its health insurance claim and where a defendant defends suits, a federal magistrate judge held Sept. 18 (Med Flight Air Ambulance Inc. v. MGM...

Mealey's Antitrust/Unfair Competition - Panel Affirms Dismissal Of Anti-SLAPP Motion, Finds Tenant Waived Argument

LOS ANGELES - A California panel on Sept. 18 affirmed a trial court's decision to grant a hotel management company's strategic lawsuit against public participation motion in relation to a tenant's causes of action for violation of California's unfair competition law (UCL), invasion of...

Mealey's Labor & Employment - Insurer Files Answer, Wants Immediate Review Of ACA Lactation Coverage Ruling

SAN FRANCISCO - In a motion seeking interlocutory review, an insurer argues that whether the Patient Protection and Affordable Care Act (ACA) requires an insurer to provide access to lactation services or merely forbids financial barriers to obtaining such services is exactly the type of question the...