LexisNexis® Legal Newsroom
Mealey's Labor & Employment - Judgment Entered Against Foot Locker In Pension Plan Dispute; Counsel Awarded $95M

NEW YORK - A federal judge in New York on June 8 entered an order of final judgment in favor of plaintiffs who claimed that Foot Locker Inc. violated the Employee Retirement Income Securities Act by failing to properly provide retirement plan participants with notices about changes to the plan and found...

Mealey's Litigation Procedure - Understaffed Nursing Homes Class Complaint Is Dismissed For Lack Of Injury

LITTLE ROCK, Ark. - An Arkansas federal judge on June 12 granted a motion for judgment on the pleadings by the defendants in a proposed class complaint accusing four nursing homes of failing to adequately staff their facilities, ruling in part that the plaintiffs failed to plead any injuries (James Green...

Mealey's Insurance - Magistrate Judge Finds Dismissal Of Reinsurers' RICO Lawsuit Appropriate

EL PASO, Texas - In a case alleging a scheme to take control over an auto dealership and to decline selling vehicle-protection products that are reinsured, a Texas federal magistrate judge on June 11 recommended that a federal civil Racketeer Influenced and Corrupt Organizations Act claim be dismissed...

Mealey's Insurance - Ruling In Favor Of Insured In Environmental Suit Is Not Appealable, Judge Says

NEW YORK - A New York federal judge on June 7 clarified that a prior ruling that an excess insurer owes its insured more than $55 million for environmental contamination costs incurred by the insured is not a final and appealable judgment (Olin Corp. v. Lamorak Insurance Co., et al., No. 84-1968, S.D...

Mealey's Insurance - Appeals Court Says Insurers Can't Recover ACA Risk-Corridor Payments

WASHINGTON, D.C. - Health insurers may not collect billions in Patient Protection and Affordable Care Act (ACA) risk-corridor funds because Congress specifically blocked payments, a majority of the Federal Circuit U.S. Court of Appeals said June 14 (Land of Lincoln Mutual Health Insurance Co. v. United...

Mealey's PI/Product Liability - Texas Creates Multidistrict Litigation For Opioid Suits By 18 Counties

AUSTIN, Texas - A Texas judicial panel on Jan. 13 granted a motion by opioid defendants to centralize lawsuits by Texas counties into a multidistrict litigation (In Re: Texas Opioid Litigation, MDL No. 18-0358, Texas MDL).

Mealey's Securities/D&O Liability - New York High Court: Martin Act Claims Subject To 3-Year Limitations Period

ALBANY, N.Y. - In a 4-1 ruling, a divided New York Court of Appeals on June 12 ruled that claims brought pursuant to the Martin Act are governed by a three-year statute of limitations under New York law (The People v. Credit Suisse (USA) LLC, et al., No. 40, N.Y. App., 2018 N.Y. LEXIS 1451).

Mealey's PI/Product Liability - 5th AndroGel Bellwether Trial Ends In Defense Verdict For AbbVie, Abbott

CHICAGO - The fifth AndroGel multidistrict litigation bellwether trial ended June 14 with a verdict for defendants AbbVie Inc. and Abbott Laboratories (In Re: Testosterone Replacement Therapy Products Liability Litigation, MDL Docket No. 2545, No. 14-1748, Robert Rowley, et al. v. AbbVie, Inc., et al...

Mealey's Toxic Tort/Environmental - California Attorney General's Motion To Alter Glyphosate Warning Fails, Judge Says

SACRAMENTO, Calif. - A federal judge in California on June 12 denied a motion by the California attorney general that sought to amend a ruling issued by the court in February that enjoined the state of California from requiring companies to issue a warning regarding glyphosate (National Association of...

Mealey's Toxic Tort/Environmental - Monsanto: Supplemental Ruling Supports Summary Judgment In Roundup MDL

SAN FRANCISCO - Monsanto Co. filed a notice of supplemental authority in California federal court on June 12 that it contends supports its motion for summary judgment based on a failure of general causation proof in the multidistrict litigation for Roundup (In re: Roundup Products Liability Litigation...

Mealey's Securities/D&O Liability - Dismissal Of Derivative Suit For Failure To Plead Demand Futility Upheld

SAN FRANCISCO - Shareholders in a derivative lawsuit against certain officers and directors of a solar panel manufacturer failed to plead demand futility, and a federal district court did not err in dismissing their complaint as a result, a Ninth Circuit U.S. Court of Appeals panel ruled June 13 (Clifford...

Mealey's Insurance - Insureds Validly Assigned Rights Under Policies To Water Restoration Company

PHOENIX - Insureds whose homes sustained water damages validly assigned their rights under their homeowners policies to a water restoration company to collect payment for the remediation work, an Arizona appellate court said June 12 in rejecting the insurer's argument that the assignments were not...

Mealey's Insurance - 9th Circuit Says Life Insurer Did Not Act In Bad Faith In Canceling Policy

ANCHORAGE, Alaska - The Ninth Circuit U.S. Court of Appeals on June 14 affirmed a district court's dismissal of a bad faith claim against a life insurer after determining that the insurer acted reasonably in canceling a life insurance policy following the insured's failure to pay the policy premium...

Mealey's Labor & Employment - Kentucky Federal Judge Finds Sexual Orientation Is Not Protected Under Title VII

OWENSBORO, Ky. - Bias based on a worker's sexual orientation is not barred under Title VII of the Civil Rights Act of 1964 or Kentucky state law, a Kentucky federal judge ruled June 12, citing a 2009 decision by the Sixth Circuit U.S. Court of Appeals (Terry Lindsey v. Management & Training Corporation...

Mealey's Labor & Employment - 5th Circuit: Hospital Seeking Benefits Doesn't Need Specific Language From Every Plan

NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on June 12 partially reinstated a hospital's claims for unpaid or underpaid benefits, ruling that claims for benefits under 29 U.S.C. Section 1132(a)(1)(B) don't need to identify the specific language of every plan provision to survive...

Mealey's PI/Product Liability - Opioid MDL Judge Orders Briefing On New Media Access To DEA Drug Data

CLEVELAND - The Ohio federal judge overseeing the opioid multidistrict litigation on June 13 ordered the parties to submit briefs on whether the court should allow two newspaper groups to access drug distribution records being produced by the U.S. Drug Enforcement Administration (DEA) for the ongoing...

Mealey's PI/Product Liability - Illinois Appeals Court Affirms Preemption Of Medtronic Drug Pump Case

CHICAGO - An Illinois state appeals court on June 14 affirmed that a plaintiff's claims involving an implanted drug pump are preempted, finding that the plaintiff failed to conduct discovery afforded her and to file an amended complaint that might have escaped preemption (Tracey Benyak v. Medtronic...

Mealey's Bankruptcy - Kaiser Gypsum Stay Lifted So Claimant Can Collect Asbestos Judgment

CHARLOTTE, N.C. - An asbestos judgment winner can proceed with her appeal in a California court to recover more than $360,000 from Chapter 11 debtor Kaiser Gypsum Co., despite objections by the company and its primary insurer, a North Carolina federal bankruptcy judge ruled June 14 in a minute order...

Mealey's Securities/D&O Liability - Judge: Falsity, Materiality Elements Of Securities Law Claims Properly Pleaded

NEW YORK - A federal judge in New York on June 12 ruled that a lead plaintiff in a securities class action lawsuit properly pleaded falsity and materiality in arguing that a drug maker and certain of its current and former executive officers concealed from investors that the company had overstated its...

Mealey's Securities/D&O Liability - Utah High Court Overturns Securities Fraud Statute Of Limitations Ruling

SALT LAKE CITY - Utah's Pattern of Unlawful Activity Act allows the state to establish a pattern of unlawful conduct on crimes that fall outside the statute of limitations, the Utah Supreme Court ruled June 12 in reversing and remanding a state trial court's ruling (Utah v. Scott R. Stewart,...

Mealey's Insurance - Panel: Court Must Decide Jurisdiction In Insolvent Insurer's Indemnity Suit

HOUSTON - A trial court must decide its subject matter jurisdiction before addressing whether indemnitees breached an indemnity agreement with an insolvent insurer, a Texas appeals panel ruled June 14, vacating the lower court's ruling (Ullico Casualty Co., et al. v. Pelco Construction Company Inc...

Mealey's Labor & Employment - CSX To Pay $3.2M To Settle EEOC Sex Bias Case

HUNTINGTON, W.Va. - A West Virginia federal judge on June 12 signed off on a $3.2 million settlement to be paid by CSX Transportation Inc. to end a lawsuit by the Equal Employment Opportunity Commission alleging that required strength tests for certain jobs was discriminatory against women (U.S. Equal...

Mealey's Securities/D&O Liability - Biosciences Company Hit With Stock-Drop Suit Over Internal Controls Reporting

NEWARK, N.J. - An investor sued a biosciences company and certain of its senior officers and directors in New Jersey federal court on June 13, alleging that the defendants concealed certain weaknesses in the company's internal controls, allowing it to improperly recognize revenue in violation of...

Mealey's Securities/D&O Liability - Investor Sues To Halt Merger Deal Vote Until Company Provides Needed Information

SAN FRANCISCO - A shareholder on June 13 sued an investment adviser and its board of directors in California federal court, seeking to halt the company's proposed merger deal with a financial planning firm until information necessary for shareholders to vote on the proposed deal is disclosed (Jerry...

Mealey's Insurance - Judgment Issued In Personal Injury Suit After Insolvent Insurer's $1M Settlement

NEW YORK - A New York justice on June 14 issued a judgment reflecting that two insureds are responsible for a $4 million judgment arising from a personal injury lawsuit after their insolvent insurer paid $1 million to the settlement of the case (Etta [Itty] Pruss v. Infiniti of Manhattan Inc., et al...