LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Couple Not Entitled To Attorney Fees In Defects Suit, Appeals Court Says

BATON ROUGE, La. - A couple who prevailed on their claims that a home builder committed fraud when telling them he built a house that had construction defects cannot receive $30,600 in attorney fees, a 2-1 Louisiana appeals panel ruled Jan. 11, finding that the man was not a party to the sales agreement...

Mealey's Insurance - Appeals Court: Perjury, Workers' Compensation Fraud Sentences Were Authorized

LOS ANGELES - A California appeals court panel on Jan. 11 found that a man found guilty of workers' compensation fraud should serve three years because the sentence is allowed by the California Insurance Code and because the defendant did not object to the sentence to the trial court judge (People...

Mealey's Litigation Procedure - Microsoft To Supreme Court: SCA Does Not Permit Seizure Of Foreign-Stored Emails

WASHINGTON, D.C. - In a Jan. 11 respondent brief, Microsoft Corp. asks the U.S. Supreme Court to affirm the Second Circuit U.S. Court of Appeals' finding that the Stored Communications Act (SCA) does not permit the government to seize, via warrant, emails that are stored abroad, arguing that altering...

Mealey's Toxic Tort/Environmental - After 4th Circuit Finds Asbestos Removal Proper, Judge Finds It Timely

RICHMOND, Va. - Adopting an asbestos plaintiff's timeliness argument in opposing removal requires the court to impermissibly determine a boilermaker's subjective knowledge, a federal judge in Maryland held in denying remand on Jan. 10 (Janya Sawyer, et al. v. Union Carbide Corp., et al., No....

Mealey's Insurance - Magistrate Judge Denies Protection On Reinsurance Participation Agreement

SACRAMENTO, Calif. - In two putative class actions, a California federal magistrate judge ruled Jan. 12 that insurers are not entitled to a protective order regarding submission of a reinsurance participation agreement (RPA) (Shasta Linen Supply Inc. v. Applied Underwriters Inc., et al., Nos. 16-00158...

Mealey's Litigation Procedure - New York Federal Judge Confirms $3M ICDR Arbitration Award For GE

NEW YORK - A New York federal judge on Jan. 12 granted a petition filed by General Electric Co. to confirm a $3,051,817.22 arbitral award issued against Japanese entities in relation to their failure to defend and indemnify GE pursuant to the terms of a manufacturing contract for appliances (General...

Mealey's Labor & Employment - U.S. Supreme Court Denies Cert In ERISA Forum-Selection Appeal

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 16 denied a petition for writ of certiorari filed by a retiree seeking reinstatement of terminated health benefits under the Employee Retirement Income Security Act (George W. Mathias v. United States District Court for the Central District of Illinois...

Mealey's Securities/D&O Liability - Parties Agree To $110M Accounting Fraud Class Action Settlement

NEW YORK - A data and metrics provider for the media, advertising and marketing industries will pay $110 million to settle claims that it and certain of its current and former officers and directors violated federal securities law by engaging in a massive accounting fraud, lead plaintiffs claim in a...

Mealey's Toxic Tort/Environmental - Monsanto: Roundup Claims Fail For Lack Of Evidence About Glyphosate's Toxicity

SAN FRANCISCO - Monsanto Co. filed an answer in the multidistrict litigation for Roundup in California federal court on Jan. 16 denying that exposure to the herbicide "did or could have caused" non-Hodgkin lymphoma (NHL) as alleged by a specific plaintiff (In Re: Roundup Products Liability...

Mealey's Labor & Employment - U.S. Supreme Court Won't Hear Professor's Due Process Appeal

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 16 denied a petition for writ of certiorari filed by a University of Kentucky professor who alleges that during his removal as chair of a university department, he was denied liberty and property without due process of law (Richard A. Crosby, PhD v. Eli...

Mealey's IP/Tech - Federal Circuit Vacates Denial Of Relief In Hair Treatment Patent Case

WASHINGTON, D.C. - In a Jan. 16 ruling, the Federal Circuit U.S. Court of Appeals found that a Delaware federal judge erred in basing her decision to deny a patent assignee and licensee injunctive relief on an erroneous claim construction that excluded various accused L'Oreal USA Inc. products (Liqwd...

Mealey's Insurance - Judge Abstains From Workers' Compensation Coverage Dispute

CHARLESTON, S.C. - A federal judge in South Carolina on Jan. 11 granted a construction company's motion to reconsider a ruling denying its motion to dismiss, finding that the South Carolina Workers' Compensation Commission (SCWCC) should determine if an insurance policy issued to the company...

Mealey's Litigation Procedure - Speculative Opinion Pared From Expert Testimony In Medical Malpractice Action

ST. LOUIS - An expert witness for a minor asserting medical malpractice claims cannot offer an opinion that injuries to the minor limit the youth's ability to stand or walk to "perhaps as much as a maximum of four hours per day" because it is only speculation, though the expert's other...

Mealey's Insurance - Class, Health Insurer Reach $7M Settlement Over Mental Health Coverage

SAN JOSE, Calif. - Health insurer Blue Shield of California and a class of people who claim that the company improperly denied coverage for mental health services reached a $7 million agreement resolving the case on Jan. 15 (Charles Des Roches, et al. v. California Physicians' Service, et al., No...

Mealey's Labor & Employment - U.S. High Court Won't Rule On Authority Of Magistrate Judge

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 16 denied a petition for writ of certiorari by Wisconsin's Labor and Industry Review Commission seeking to overturn a decision by the Seventh Circuit U.S. Court of Appeals that found that a magistrate judge lacks authority to enter final judgment...

Mealey's Litigation Procedure - Ogletree Attorney Seeks More Than $300 Million In Equal Pay Act Class Lawsuit

SAN FRANCISCO - Ogletree, Deakins, Nash, Smoak & Stewart favors men in pay, promotions and other opportunities, and leadership fosters an environment where women are marginalized and demeaned, one female attorney and nonequity shareholder of the firm alleges in her class and collective action complaint...

Mealey's Insurance - Judge Dismisses Insurer's Dispute Over Defense Owed For Construction Defects Cases

ASHEVILLE, N.C. - Citing overlapping issues with an underlying state court declaratory judgment action, a North Carolina federal judge on Jan. 12 dismissed a coverage dispute between commercial general liability insurers with regard to a duty to defend a mutual insured and additional insureds in construction...

Mealey's Litigation Procedure - Woman Who Kept Girls As Slaves Fails In Attack On 'Trauma Bond' Testimony

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Jan. 15 affirmed the guilty verdicts and six-year prison sentence for a woman who kept illegal Mexicans in her home, where she abused them and forced them to perform slave labor, after finding that the trial court did not abuse its discretion in...

Mealey's Securities/D&O Liability - Securities Suit Remanded For Proper Application Of Basic Reliance Standard

NEW YORK - It is unclear whether a federal district court properly applied the correct standard in determining that defendants in a securities class action lawsuit failed to properly rebut the presumption of reliance by a preponderance of the evidence as required pursuant to the U.S. Supreme Court's...

Mealey's Insurance - Judge Finds Indictment Sufficiently Alleges Scheme To Defraud Insurer, Government

BILLINGS, Mont. - A federal judge in Montana on Jan. 16 denied a motion to dismiss a 14-count indictment filed by a transportation company and its owner accused of concealing from their insurer that they were transporting explosives, finding that the allegations in the indictment sufficiently support...

Mealey's Securities/D&O Liability - Earnings Call Statements Not Protected By Safe Harbor Provision, Judge Rules

NEWARK, N.J. - Statements made by defendants in a securities class action lawsuit against a pet food company and certain of its executive officers in 2015 investor earnings calls were not forward-looking or protected by the safe harbor provision of the Private Securities Litigation Reform Act (PSLRA...

Mealey's Toxic Tort/Environmental - Special Master Fees In Lago Agrio Case Pose 'Ethical Problems,' Attorney Says

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 Jan. 16 filed a letter with the presiding judge in the U.S. District Court for the Southern District of New York, arguing that the special...

Mealey's Toxic Tort/Environmental - Rail Car Pipe Insulation Asbestos Claims Survive Preemption, Federal Judge Says

KANSAS CITY, Kan. - Claims of asbestos exposure from pipe insulation aboard railway passenger cars do not clearly implicate federal statutes governing locomotives or safety appliances and avoid preemption, a federal judge in Kansas held Jan. 12 (Nancy Little, et al. v. The Budd Co., No. 16-4170, D. Kan...

Mealey's Insurance - Insurer Says Reinsurer Breached Contract With Regard To Asbestos Claims

BRIDGEPORT, Conn. - A reinsurer breached its contract by refusing to pay its share of losses arising out of the settlement of asbestos claims, an insurer says in a Jan. 16 complaint filed in the Connecticut federal court (Travelers Casualty and Surety Co. v. Lamorak Insurance Co., No. 18-00087, D. Conn...

Mealey's Litigation Procedure - Parties Settle Dispute Over $18M ICC Award Issued Over Tunnel Excavation Claims

MIAMI - A Florida federal judge on Jan. 12 granted a joint motion to dismiss a petition to vacate and a cross-petition to confirm a $18,068,685 international arbitral award issued in a dispute over a contract for the excavation of tunnels as part of a project for the construction of a hydroelectric plant...