LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - FDA Warns Against Codeine, Tramadol For Young Kids, Some Teens, Nursing Moms

SILVER SPRING, Md. - The Food and Drug Administration on April 20 warned that children under 12, adolescents with fast metabolisms or who have had tonsillectomies and nursing mothers should not take prescription products containing the opioids codeine and tramadol for pain or cough suppression because...

Mealey's Insurance - Judge: Insured Failed To Show Reconsideration In Bad Faith Suit Warranted

INDIANAPOLIS - An insured failed to show that any manifest error of law or fact exists that would require amendment of three previous orders in an insurance bad faith lawsuit, a federal judge in Indiana ruled April 18 in denying the insured's motion for reconsideration of three earlier rulings in...

Mealey's Insurance - Failure To Pay Judgment Constitutes Bad Faith, Federal Judge Determines

SEATTLE - A Washington federal judge on April 19 granted an insured's motion for summary judgment after determining that the insured presented sufficient evidence that the insurer's failure to pay a judgment entered in favor of the insured constitutes bad faith (Arika Prince v. State Farm Mutual...

Mealey's Labor & Employment - American Dental Association To Pay $1.95M To Settle EEOC Bias Charges

CHICAGO - The American Dental Association (ADA) has agreed to pay $1.95 million to settle two discrimination charges, the Equal Employment Opportunity Commission announced April 21.

Mealey's Litigation Procedure - Retiree Class Certified In Suit Over Union's Authority To Agree To Medical Changes

NEW HAVEN, Conn. - A Connecticut federal judge on April 19 certified a class of retirees in a suit filed by an employer seeking a court declaration that a union has the authority to agree to changes in retiree medical benefits for those persons who retired after a 1996 class action settlement that provided...

Mealey's Toxic Tort/Environmental - Iowa Court Reverses, Orders Retrial Of $4 Million Asbestos Verdict

DES MOINES, Iowa - Counsel's "continuous disregard" for rulings excluding evidence of how much a defendant spent defending asbestos actions and the application of the statute of repose requires a new trial, an Iowa appeals court held April 19 (Shari Kinseth and Ricky Kinseth, et al. v....

Mealey's Antitrust/Unfair Competition - Judge Finds Hoverboard Seller Infringed On Trademarks, Awards $1M

LOS ANGELES - A California federal judge on April 20 granted a motion filed by the owner of certain trademarks for summary judgment on its other claims for infringement and counterfeiting of a registered mark, awarding it $1 million in damages (UL LLC v. The Space Chariot Inc., et al., No. 2:16-cv-08172...

Mealey's Litigation Procedure - Hungary Seeks To Annul $24.6M Award For French Benefit Company

WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on April 18 registered an application filed by Hungary to annul an arbitral award that was issued in favor of a French social benefit company (Edenred S.A. v. Hungary, No. ARB/13/21, ICSID).

Mealey's Labor & Employment - Rhode Island Federal Judge Tosses ERISA Lawsuit Against CVS Health With Prejudice

PROVIDENCE, R.I. - A Rhode Island federal judge on April 18 adopted a report by a magistrate judge who recommended dismissal of an amended complaint arising under the Employee Retirement Income Security Act alleging that CVS Health Corp., its employee benefits plan committee and the manager of one of...

Mealey's Insurance - 3rd Circuit Says Asbestos Exclusion Is Enforceable, Insurer Owes No Coverage

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on April 21 reversed a $36 million judgment entered against an insurer in an asbestos coverage dispute after determining that an asbestos exclusion is not ambiguous and bars coverage for underlying asbestos-related claims filed against the insured...

Mealey's Toxic Tort/Environmental - Federal Judge Orders Volkswagen To Pay $2.8B Fine

DETROIT - A federal judge in Michigan on April 21 ordered Volkswagen AG to pay a $2.8 billion fine for equipping its diesel vehicles with software designed to cheat emissions tests after the company pleaded guilty to counts of conspiracy to defraud the United States, wire fraud and violations of the...

Mealey's Insurance - Insurer Did Not Impermissibly Depreciate Labor Costs, 10th Circuit Affirms

DENVER - The 10th Circuit U.S. Court of Appeals on April 21 affirmed a lower federal court's finding that a homeowners insurer did not violate its policy when it depreciated labor costs in determining the actual cash value of an insured's loss following hail and water damage (Margaret Graves...

Mealey's Litigation Procedure - Wells Fargo Increases Settlement For Unauthorized Accounts To $142 Million

SAN FRANCISCO - Wells Fargo & Co. and Wells Fargo Bank N.A. have agreed to increase their settlement payment to $142 million, $32 million more than the settlement proposed in March, to end claims by a class of individuals who allege that the banking company opened accounts, enrolled them in products...

Mealey's Litigation Procedure - Supreme Court Declines To Review FOIA 'Agency Record' Question

WASHINGTON, D.C. - In its April 24 order list, the U.S. Supreme Court denied certiorari to the American Civil Liberties Union in the organization's request for clarification of the standard for when a document becomes an "agency record" that is subject to Freedom of Information Act (FOIA...

Mealey's Litigation Procedure - D.C. Circuit Finds CFPB's Investigative Demand On Accrediting Group Unenforceable

WASHINGTON, D.C. - Affirming a trial court's ruling, a District of Columbia Circuit U.S. Court of Appeals panel on April 21 found an investigative demand served by the Consumer Financial Protection Bureau (CFPB) on a college accreditation organization to be unenforceable because it did not comply...

Mealey's IP/Tech - 9th Circuit Affirms Dismissal In Dispute Over Growth Hormone Ads

SAN FRANCISCO - A California federal judge properly rejected a state law unfair competition plaintiff's effort to apply the Lanham Act's "establishment claim" standard outside the context of a Lanham Act claim, the Ninth Circuit U.S. Court of Appeals ruled April 21 (Serena Kwan, on...

Mealey's IP/Tech - Federal Circuit Orders Patent Board To Dismiss Re-Examination Of Claims

WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on April 21 vacated certain aspects of a final decision by the Patent Trial and Appeal Board, agreeing that the underlying request for inter partes re-examination should not have been granted pursuant to Section 317(b) of the Patent Act, 35...

Mealey's Labor & Employment - Split 6th Circuit Reinstates Retaliation Claims For Firing After FMLA Leave

CINCINNATI - An employee with mental health issues who was demoted and then fired after taking leave under the Family and Medical Leave Act (FMLA) may proceed with his retaliation claims brought under the FMLA and the Americans with Disabilities Act (ADA), a split Sixth Circuit U.S. Court of Appeals...

Mealey's Labor & Employment - 5th Circuit Reverses Ruling Finding Technician Repairing Oil Rigs Is A Seaman

NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on April 19 reversed a trial court's summary judgment ruling in favor of an employer, finding that it had not been established as a matter of law that the Fair Labor Standard Act's (FLSA) seaman exemption applies to the plaintiff, who...

Mealey's IP/Tech - Dismissal Of Trademark Dispute Between Tracks, Kentucky Downs Affirmed

CINCINNATI - Allegations that Kentucky Downs LLC infringed the trademarks of other horse racing venues when operating an historical horse-race gambling platform were properly dismissed, the Sixth Circuit U.S. Court of Appeals ruled April 19 (Oaklawn Jockey Club Inc., et al. v. Kentucky Downs LLC and...

Mealey's Bankruptcy - 2nd Circuit Dismisses Appeal Of Toxic Tort Plaintiffs' Tronox 'Derivative' Claims

NEW YORK - Because a federal court's ruling enforcing a permanent anti-suit injunction issued as part of a $5.5 billion settlement in the Chapter 11 case of Tronox Inc. is not a final order, it cannot be appealed by 4,300 individuals who say they were injured from the company's operation of a...

Mealey's Toxic Tort/Environmental - Judge: Volkswagen Buyers Cannot Seek Restitution In Criminal Proceeding

DETROIT - Consumers who purchased Volkswagen vehicles with software designed to cheat emissions tests cannot seek restitution from the auto manufacturer as part of criminal proceedings brought by the federal government against the company because it would unduly prolong the sentencing process, a federal...

Mealey's Insurance - Appeals Court Affirms Judge's Decision To Convict Woman For Insurance Fraud

DALLAS - A Texas appeals panel on April 20 upheld a trial court judge's decision to revoke a woman's sentence for four years of community supervision and sentence her to 10 years in prison for insurance fraud, ruling that there was sufficient evidence showing that she committed a new offense...

Mealey's PI/Product Liability - Federal Judge Orders United States To Pay $32.9M In Medical Malpractice Suit

HARRISBURG, Pa. - A federal judge in Pennsylvania on April 20 found that the United States was responsible for the brain damage a child sustained during delivery at a federally funded facility and ordered the United States to pay the parents of the child $32.9 million (Christina Late, et al. v. United...

Mealey's Litigation Procedure - Magistrate: Disclosure Of Foreigner-Stored Google Data Permissible Under SCA

SAN FRANCISCO - In an April 19 ruling, a California federal magistrate judge denied Google Inc.'s motion to quash a warrant, issued under the Stored Communications Act (SCA), for foreign-stored data, concluding that the warrant on California-based Google constituted a domestic application of the...