LexisNexis® Legal Newsroom
    Mealey's Litigation Procedure - Federal Judge Refuses To Dismiss Petition To Confirm $48M ICC Award

    NEW YORK - A New York federal judge on June 15 refused to grant a motion filed by a group of mining entities to dismiss a petition to confirm a $48,053,462 arbitral award issued by the International Chamber of Commerce's (ICC) International Court of Arbitration in favor of a group of Brazilian companies, holding that the companies sufficiently alleged that the entities were attempting to avoid their obligations under contract for the sale of pig iron by making sure a related entity was judgment proof (CBF Industria De Gusa S/A, et al. v. Amci Holdings Inc., et al., No. 13 Civ. 2581, S.D. N.Y., 2018 U.S. Dist. LEXIS 100781).

    Mealey's Banking & Finance - New Jersey Panel Holds Foreclosure Action Was Timely, Affirms Ruling

    TRENTON, N.J. - A New Jersey appeals court on June 15 ruled that a bank's original foreclosure case, which was voluntarily dismissed, did not begin to run a statute of limitations, rejecting a borrower's argument that the foreclosure action was time-barred (Deutsche Bank National Trust Company, ex rel. v. Michael Hochmeyer, et al., No. A-4714-16T3, N.J. Super., App. Div., 2018 N.J. Super. Unpub. LEXIS 1402).

    Mealey's Insurance - Tax Judge: Company Did Not Issue Insurance, Reinsurance Contracts

    WASHINGTON, D.C. - Because a company did not issue insurance or reinsurance contracts during the tax years at issue, a U.S. tax judge ruled June 18 that it did not receive more than 50 percent of its gross receipts from insurance premiums (Reserve Mechanical Corp. v. Commissioner of Internal Revenue, No. 14545-16, U.S. Tax).

    Mealey's Insurance - Judge: No Coverage For Insured's Costs From Nondefective Repairs

    SALT LAKE CITY - Two insurers owe no coverage to an insured contractor for costs incurred from repairing nondefective parts of construction projects as a result of the process to remove and replace a subcontractor's nonconforming lumber, a Utah federal judge ruled June 18 (Big-D Construction Midwest LLC v. Zurich American Insurance Co., No. 16-952, D. Utah).

    Mealey's Litigation Procedure - Wells Fargo's $142M Unauthorized Account Settlement Is Granted Final Approval

    SAN FRANCISCO - A California federal judge on June 14 granted final approval of a $142 million settlement that will be paid by Wells Fargo & Co. and Wells Fargo Bank N.A. to resolve class claims that the bank opened accounts for individuals, enrolled them in products and services and submitted applications for products and services without consent (Shahriar Jabbari, et al. v. Wells Fargo & Company, et al., No. 15-2159, N.D. Calif.).

    Mealey's Toxic Tort/Environmental - Man: Asbestos Packaging Evidence Required Sending Failure-To-Warn Claim To Jury

    WEST PALM BEACH, Fla. - A man's ability to recall an asbestos-containing brake box's design clearly indicates that he looked at the packaging and required sending failure-to-warn claims to a jury, a man tells a Florida appeals court in a June 14 reply brief (James W. Coates, et al. v. Honeywell International Inc., No. 4D17-1533, Fla. App., 4th Dist.).

    Mealey's PI/Product Liability - Zostavax Shingles Vaccine MDL To Be Weighed July 26 By Judicial Panel

    WASHINGTON, D.C. - The Judicial Panel on Multidistrict Litigation will hear arguments on July 26 on a motion by Merck Sharpe & Dohme Corp. to create a multidistrict litigation for 57 federal lawsuits alleging that patients who received Merck's Zostavax shingles vaccine developed the virus (In Re: Zostavax Products Liability Litigation, MDL Docket No. 2848, JPMDL).

    Mealey's PI/Product Liability - Couple's Contract, Warranty Claims Over Leaky Windows Survive Dismissal

    PITTSBURGH - A couple's claims for breach of warranty and breach of contract survived motions to dismiss filed by the builder of their custom home and the manufacturer of the windows after a federal judge in Pennsylvania on June 18 found that the repair doctrine could be applied to make the claims timely (Craig Zemba, et al. v. NVR Inc., et al., No. 17-986, W.D. Pa., 2018 U.S. Dist. LEXIS 101093).

    Mealey's Litigation Procedure - Opioid-Pushing Doctor's Conviction Upheld, As Is Medical Expert's Testimony

    ATLANTA - The 11th Circuit U.S. Court of Appeals on June 14 affirmed the conviction of a doctor for participating in opioid "pill mills" in Georgia, finding no abuse of discretion by the trial court in allowing a government expert to testify that the doctor's conduct showed that he was more of a drug dealer than a health care provider (United States v. Romie Roland, No. 17-11058, 11th Cir., 2018 U.S. App. LEXIS 15941).

    Mealey's IP/Tech - 9th Circuit Reverses Finding Of 'Mastermind' Trademark Invalidity

    SAN FRANCISCO - A California federal judge erred when dismissing a trademark infringement complaint on grounds of trademark invalidity, as well as in his subsequent order canceling the "Mastermind" trademark, the Ninth Circuit U.S. Court of Appeals ruled June 15 (Raul Caiz v. William Leonard Roberts II, et al., No. 17-55051, 9th Cir., 2018 U.S. App. LEXIS 16171).

    Mealey's Bankruptcy - Maryland Casualty Says Latest Insurer Liability Action Should Get The Boot

    WILMINGTON, Del. - A recent lawsuit in a string of actions seeking to hold insurers of former Chapter 11 debtor W.R. Grace & Co. liable for claimants' asbestos diseases should be dismissed because a Delaware federal bankruptcy judge has already found that the claims are barred by the protections afforded the insurers in W.R. Grace's reorganization, one insurer argues in a June 15 filing (Barbara Hunt, et al. v. Maryland Casualty Company, No. 18-50402, D. Del. Bkcy.).

    Mealey's Insurance - California Federal Judge Overturns Insurer's Denial Of LTD Benefits

    SAN FRANCISCO - A disability claimant is entitled to long-term disability (LTD) benefits because the evidence from the claimant's treating physicians and evidence obtained from the disability insurer's medical reviewers support a finding that the claimant is disabled under the plan's any-occupation standard, a California federal judge said June 18 (Sarabjit Sangha v. Cigna Life Insurance Company of New York, No. 17-5158, N.D. Calif., 2018 U.S. Dist. LEXIS 101725).

    Mealey's PI/Product Liability - Texas Opioid MDL Assigned To Judge In Bexar County

    AUSTIN, Texas - The Texas Multidistrict Litigation Panel on June 18 appointed Judge David Peeples of the Bexar County District Court as the pretrial judge for the panel's recently created opioid multidistrict litigation (In Re: Texas Opioid Litigation, MDL No. 18-0358, Texas MDL).

    Mealey's Insurance - Objections Overruled, Insurance Bad Faith Suit Remanded To State Court

    HOUSTON - A federal judge in Texas on June 18 overruled a series of objections filed by an insurer in an insurance breach of contract and bad faith lawsuit, ruling that a federal magistrate judge properly recommended that insureds' lawsuit against the insurer stemming from denial of their homeowners insurance claim should not have been removed from state court (Adam F. Massey, et al. v. Allstate Vehicle and Property Insurance Co., No. 18-1144, S.D. Texas, 2018 U.S. Dist. LEXIS 101068).

    Mealey's Banking & Finance - 9th Circuit Affirms Dismissal Of UCL, HBOR Claims Related To Foreclosure

    PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on June 18 affirmed a district court's decision to grant judgment on the pleadings for lenders and a loan servicer, holding that her claims were barred by a two-year statute of limitations and that she had no viable claim for violation of California's unfair competition law (UCL) (Pamela Rae v. Bank of America, N.A., et al., No. 17-55283, 9th Cir., 2018 U.S. App. LEXIS 16344).

    Mealey's Insurance - 9th Circuit Rejects Excess Insurer's Appeal Seeking $1M From Primary Insurer

    SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on June 18 affirmed a lower court's ruling that a primary insurer does not owe an additional $1 million under a Parking Operations Errors and Omissions Endorsement for injuries allegedly incurred at a parking garage (Scottsdale Insurance Company v. Hudson Specialty Insurance Company, No. 17-15785, 9th Cir., 2018 U.S. App. LEXIS 16348).

    Mealey's IP/Tech - Rehearing Denied In Dispute Over Alleged False Statements Made To PTO

    WASHINGTON, D.C. - In a June 15 order, the Federal Circuit U.S. Court of Appeals announced that it will not rehear a dispute over whether it or the Fifth Circuit U.S. Court of Appeals has jurisdiction to decide a dispute over antitrust violations stemming from fraud before the U.S. Patent and Trademark Office (PTO) (Xitronix Corporation v. KLA-Tencor Corporation, No. 16-2746, Fed. Cir., 2018 U.S. App. LEXIS 16203).

    Mealey's Insurance - Disability Benefits Suit Remanded For Determination On Equitable Remedy

    SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on June 15 remanded a disability benefits dispute to the district court to determine whether the claimant is entitled to equitable relief based on the disability plan's failure to properly offset the claimant's disability benefits (Petar Mrkonjic v. Delta Family-Care and Survivorship Plan, et al., Nos. 16-56335, No. 16-56487, 9th Cir., 2018 U.S. App. LEXIS 16162).

    Mealey's PI/Product Liability - New Jersey Appeals Court: Yaz/Yasmin Plaintiff Didn't Provide Valid Expert Report

    TRENTON, N.J. - A New Jersey appeals panel on June 18 agreed with a trial court that a Yaz/Yasmin plaintiff failed to provide a valid expert opinion to support her claim, resulting in dismissal with prejudice (Rhonda Fuller v. Bayer Corp., et al., No. A-4813-1574, N.J. Super., App. Div., 2018 N.J. Super. Unpub. LEXIS 1418).

    Mealey's PI/Product Liability - 9th Circuit Reverses Dismissal Of Smith & Nephew Metal-On-Metal Hip Case

    SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on June 13 reversed dismissal of a Smith & Nephew Inc. metal-on-metal hip complaint, saying the plaintiff has or can make plausible claims that the manufacturer failed to warn about early failure rates of its Birmingham Hip Replacement (BHR) hip implants (Lori Spellman v. Smith & Nephew, Inc., No. 17-15351, 9th Cir., 2018 U.S. App. LEXIS 15878).

    Mealey's Litigation Procedure - Facebook Instant Messages Deemed Discoverable In Anthem ERISA Class Action

    INDIANAPOLIS - In light of a defendant's showing of relevance and the plaintiffs' failure to establish privilege, an Indiana federal magistrate judge on June 14 concluded that a Facebook instant message string between two named plaintiffs was not covered by a protective order in a putative class action over pension plan administrative fees, leading him to mostly grant a motion to compel (Mary Bell, et al. v. Pension Committee of ATH Holding Company LLC, et al., No. 1:15-cv-02062, S.D. Ind.).

    Mealey's ACA - Judge Finds Jurisdiction Over Deaf Man's ACA Discrimination Claims Lacking

    BIRMINGHAM, Ala. - A man musters "no authority even remotely" suggesting that personal jurisdiction can arise from simply registering to do business in a state, a federal judge in Alabama held June 13 in dismissing Patient Protection and Affordable Care Act (ACA) and other claims against hospital entities for allegedly failing to provide a deaf man with an interpreter (Teddy Beasley v. Providence Hospital, et al., No. 18-0004, S.D. Ala., 2018 U.S. Dist. LEXIS 99572).

    Mealey's ACA - Plethora Of Interest Groups Urge Court Not To Enjoin ACA

    FORT WORTH, Texas - Striking down the Patient Protection and Affordable Care Act (ACA) because the government will no longer impose sanctions for not complying with the law's individual mandate would harm public health and the economy and do violence to the separation of powers, a slew of medical, legal, business, economic, and social benefit amici argue in briefs filed in a federal court in Texas on June 14 (Texas, et al. v. U.S.A., et al., No. 18-167, N.D. Texas).

    Mealey's Elder Law - California High Court Won't Hear Nursing Home Wrongful Death Appeal

    SAN FRANCISCO - The California Supreme Court on June 13 denied a nursing home's petition for review filed after an appellate panel upheld a lower court judge's ruling denying the nursing home's motion to arbitrate a man's wrongful death claim (Avila v. Southern California Specialty Care, No. S248114, Calif. Sup.).

    Mealey's Trade Secrets - Former Tech Company Employees Indicted On Theft Of Trade Secret Charges

    SAN JOSE, Calif. - A federal grand jury on June 14 indicted six former employees of a wearable electronic device manufacturer of trade secrets theft in California federal court on charges that the former employees stole the company's trade secrets prior to accepting employment with competitor Fitbit Inc. (United States of America v. Katherine Mogal, et al., No. 18-cr-0259, N.D. Calif.).