LexisNexis® Legal Newsroom
    Mealey's Insurance - Insurer Did Not Act In Bad Faith In Denying Property Damage Claim, Panel Says

    PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Nov. 15 affirmed a district court's ruling in favor of an insurer in a property damage coverage dispute after finding that the evidence establishes that the insurer did not act in bad faith because it adequately investigated the insured's claim before determining that the claim was not covered under the policy (Edward Wehrenberg v. Metropolitan Property & Casualty Insurance Co., No. 17-1327, 3rd Cir., 2017 U.S. App. LEXIS 22887).

    Mealey's Insurance - Court Affirms No Coverage For Student's Sexual Assault Lawsuit Against Teacher

    HARRISBURG, Pa. - The Pennsylvania Superior Court on Nov. 14 affirmed a lower court's ruling that an insurer has no duty to defend or indemnify a music teacher against a student's lawsuit alleging sexual assault (Old Republic Insurance Company v. Matthew Stevens, et al., No. 1903 MDA 2016, Pa. Super., 2017 Pa. Super. Unpub. LEXIS 4188).

    Mealey's Toxic Tort/Environmental - Woman Wants Delaware Household Asbestos Case Against Manufacturers Revived

    WILMINGTON, Del. - Two companies supplied tons of asbestos-containing paper to a manufacturer without any type of warning, despite clear evidence of the fiber's dangers to workers and household members, a women tells Delaware's top court in urging it to reinstate her second-hand exposure case (Elizabeth Ramsey, et al. v. Georgia Southern University Advanced Development Center, et al., No. 305, 2017, Del. Sup.).

    Mealey's IP/Tech - TC Heartland Represents Change Of Law, Federal Circuit Concludes

    WASHINGTON, D.C. - In granting a petition for mandamus by Micron Technology Inc. on Nov. 14, the Federal Circuit U.S. Court of Appeals resolved lingering uncertainty following the May 2017 U.S. Supreme Court ruling in TC Heartland LLC v. Kraft Foods Group Brands LLC, deeming the case an intervening change of law (In re: Micron Technology Inc., No. 17-138, Fed. Cir.).

    Mealey's Litigation Procedure - Monsanto: Glyphosate Cancer Evidence Is 'Unreliable,' Constitutes 'Junk Science'

    SAN FRANCISCO - Monsanto Co. on Nov. 10 filed a brief in the multidistrict litigation for the herbicide Roundup in California federal court, arguing that the evidence offered by the plaintiffs' expert concerning the carcinogenic properties of Roundup's active ingredient glyphosate is "unreliable" and constitutes "junk science" (In re: Roundup Products Liability Litigation, No. 2741 MDL, N.D. Calif.).

    Mealey's Labor & Employment - Panel: Employee Fired For Pro-Trump Tweet Wrongly Denied Unemployment Benefits

    HARRISBURG, Pa. - A Pennsylvania appellate panel on Nov. 13 found that an employee's tweet, which led to her dismissal, did not violate her employer's social media policy and, thus, did not constitute willful misconduct to disqualify her from receiving unemployment compensation (UC) benefits (Waverly Heights Ltd. v. Unemployment Compensation Board of Review, No. 312 CD 2017, Pa. Cmwlth.).

    Mealey's Litigation Procedure - Judge: Investors Pleaded Scienter In Making Federal Securities Law Claims

    NEW YORK - Shareholders in a securities class action lawsuit against car maker Fiat Chrysler Automobiles N.V. (Chrysler), certain of its executive officers and others have properly pleaded scienter and falsity in making their federal securities law claims by showing that the defendants concealed certain emissions-based issues with several of Chrysler's automobiles, a federal judge in New York ruled Nov. 13 in denying the defendants' motion to dismiss (Victor Pirnik v. Fiat Chrysler Automobiles N.V., et al., No. 15-7199, S.D. N.Y.; 2017 U.S. Dist. LEXIS 187264).

    Mealey's Antitrust/Unfair Competition - Judge Remands UCL, HBOR Claims To California Court, Finds Trustee Is Not Immune

    LOS ANGELES - After finding that a trustee named in an action filed by a borrower was not a sham defendant, a California federal judge on Nov. 13 remanded her causes of action for violation of California's unfair competition law (UCL), wrongful foreclosure and other claims to a state court (Nancy M. Horner v. The Bank of New York Mellon, et al., No. 17-1489, C.D. Calif., 2017 U.S. Dist. LEXIS 187362).

    Mealey's Litigation Procedure - Objections To Insurer's Discovery Requests Overruled In Dispute Over Employee Theft

    PHILADELPHIA - A Pennsylvania federal magistrate on Nov. 14 granted an insurer's motion to overrule objections to its request for the production of documents in a coverage dispute arising from the alleged theft of an insured's employee stock ownership plan assets by a former employee (Barbie Spear, in her capacity as trustee of the Alliance Holdings, Inc. Employee Stock Ownership Plan and Alliance Holdings, Inc. Employee Stock Ownership Plan, Plaintiffs v. Westfield Insurance Company, No. 15-00582, E.D. Pa., 2017 U.S. Dist. LEXIS 188193).

    Mealey's Labor & Employment - Federal Judge: No Employment Practices Coverage Owed For Age Discrimination Claims

    DENVER - A Colorado federal judge on Nov. 14 granted an insurer's motion for summary judgment in a coverage dispute over underlying age discrimination and retaliation claims against its insured, finding that the insured failed to give timely notice of the claim (Scottsdale Indemnity Co. v. Convercent Inc., et al., No 17-01236, D. Colo., 2017 U.S. Dist. LEXIS 187939).

    Mealey's Antitrust/Unfair Competition - Class Suit Over Labeling, Source Of Latex For Condoms Survives Dismissal Bid

    SAN DIEGO - A plaintiff's failure to allege exactly what percentage of latex used in Trojan brand condoms is sourced outside the United States does not doom his class complaint alleging that the packaging stating the items are "Made in U.S.A." violates California law, a California federal judge ruled Nov. 13, finding that the plaintiff only needs to credibly allege that the amount coming from outside the United States is greater than 10 percent (Kenrick Claiborne v. Church & Dwight Co., Inc., No. 17-746, S.D. Calif., 2017 U.S. Dist. LEXIS 187343).

    Mealey's Insurance - Magistrate Judge Denies Deadline Extension In Defects Insurance Coverage Dispute

    ORLANDO, Fla. - In an insurance coverage dispute over construction defects, a Florida federal magistrate judge on Nov. 13 denied a developer's request for an extension of deadline on the serving of expert disclosures (WaterMark Construction L.P. v. Southern-Owners Insurance Co., et al., No. 17-1814, M.D. Fla., 2017 U.S. Dist. LEXIS 186765).

    Mealey's Insurance - Denial Of LTD Claim Supported By Evidence, Pennsylvania Federal Judge Says

    PHILADELPHIA - A Pennsylvania federal judge on Nov. 13 denied a disability claimant's motion for summary judgment and granted a disability plan's motion for summary judgment after determining that the plan's denial of the claim for long-term disability benefits was not arbitrary and capricious because the denial is supported by the evidence (Karen O'Conner v. The PNC Financial Services Group Inc. et al., No. 15-5051, E.D. Pa., 2017 U.S. Dist. LEXIS 186692).

    Mealey's Insurance - Intervenor's Request To Amend Pleadings Against Insurer Untimely, Judge Says

    GREENBELT, Md. - An intervening party in an insurance company's lawsuit accusing an insured of making material misrepresentations on a policy application cannot amend its pleadings to change admissions and add counterclaims, a federal judge in Maryland ruled Nov. 13, finding that the request was untimely (CX Insurance Company v. Benjamin L. Kirson, No. 15-cv-3132, D. Md., 2017 U.S. Dist. LEXIS 187164).

    Mealey's Litigation Procedure - Class Suit Over Labeling, Source Of Latex For Condoms Survives Dismissal Bid

    SAN DIEGO - A plaintiff's failure to allege exactly what percentage of latex used in Trojan brand condoms is sourced outside the United States does not doom his class complaint alleging that the packaging stating the items are "Made in U.S.A." violates California law, a California federal judge ruled Nov. 13, finding that the plaintiff only needs to credibly allege that the amount coming from outside the United States is greater than 10 percent (Kenrick Claiborne v. Church & Dwight Co., Inc., No. 17-746, S.D. Calif., 2017 U.S. Dist. LEXIS 187343).

    Mealey's Banking & Finance - Judge Remands UCL, HBOR Claims To California Court, Finds Trustee Is Not Immune

    LOS ANGELES - After finding that a trustee named in an action filed by a borrower was not a sham defendant, a California federal judge on Nov. 13 remanded her causes of action for violation of California's unfair competition law (UCL), wrongful foreclosure and other claims to a state court (Nancy M. Horner v. The Bank of New York Mellon, et al., No. 17-1489, C.D. Calif., 2017 U.S. Dist. LEXIS 187362).

    Mealey's Insurance - Objections To Insurer's Discovery Requests Overruled In Dispute Over Employee Theft

    PHILADELPHIA - A Pennsylvania federal magistrate on Nov. 14 granted an insurer's motion to overrule objections to its request for the production of documents in a coverage dispute arising from the alleged theft of an insured's employee stock ownership plan assets by a former employee (Barbie Spear, in her capacity as trustee of the Alliance Holdings, Inc. Employee Stock Ownership Plan and Alliance Holdings, Inc. Employee Stock Ownership Plan, Plaintiffs v. Westfield Insurance Company, No. 15-00582, E.D. Pa., 2017 U.S. Dist. LEXIS 188193).

    Mealey's Insurance - Federal Judge: No Employment Practices Coverage Owed For Age Discrimination Claims

    DENVER - A Colorado federal judge on Nov. 14 granted an insurer's motion for summary judgment in a coverage dispute over underlying age discrimination and retaliation claims against its insured, finding that the insured failed to give timely notice of the claim (Scottsdale Indemnity Co. v. Convercent Inc., et al., No 17-01236, D. Colo., 2017 U.S. Dist. LEXIS 187939).

    Mealey's PI/Product Liability - 1st Circuit Affirms Summary Judgment In Car Crash Suit

    BOSTON - The First Circuit U.S. Court of Appeals on Nov. 13 affirmed a decision by a district court to grant summary judgment to the defendants in a car crash suit after finding that a magistrate judge did not err by striking expert reports from a plaintiff's opposition to summary judgment (Nana Amoah v. Dennis McKinney, et al., No. 16-2291, 1st Cir., 2017 U.S. App. LEXIS 22694).

    Mealey's IP/Tech - Panel: Employee Fired For Pro-Trump Tweet Wrongly Denied Unemployment Benefits

    HARRISBURG, Pa. - A Pennsylvania appellate panel on Nov. 13 found that an employee's tweet, which led to her dismissal, did not violate her employer's social media policy and, thus, did not constitute willful misconduct to disqualify her from receiving unemployment compensation (UC) benefits (Waverly Heights Ltd. v. Unemployment Compensation Board of Review, No. 312 CD 2017, Pa. Cmwlth.).

    Mealey's Litigation Procedure - Judge Finds Lack Of Jurisdiction To Consider If SIAC's Order Was Enforceable

    WASHINGTON, D.C. - A Japanese electronics company on Nov. 13 filed a notice of appeal to the District of Columbia Circuit U.S. Court of Appeals of a judge's finding that a Chinese manufacturer of televisions lacked sufficient contacts to the District of Columbia to maintain a federal lawsuit there and denial of the company's request for a declaration that a gag order issued by a Singapore arbitral tribunal was unenforceable (Sharp Corp., et al. v. Hisense USA Corp., et al., No. 17-1648, D. D.C., 2017 U.S. Dist. LEXIS 186686).

    Mealey's Litigation Procedure - Federal Judge Vacates Confirmation Of $146M ICSID Award Against Spain

    NEW YORK - After recent appeals court rulings in which panels reversed district court judgments granting ex parte petitions for failure to comply with the Foreign Sovereign Immunities Act of 1976 (FSIA), a New York federal judge on Nov. 13 reversed his previous ruling confirming a $146,079,996 award issued against the Kingdom of Spain (Eiser Infrastructure, et al. v. Kingdom of Spain, No. 17-3808, S.D. N.Y.).

    Mealey's Securities/D&O Liability - Judge: Investors Pleaded Scienter In Making Federal Securities Law Claims

    NEW YORK - Shareholders in a securities class action lawsuit against car maker Fiat Chrysler Automobiles N.V. (Chrysler), certain of its executive officers and others have properly pleaded scienter and falsity in making their federal securities law claims by showing that the defendants concealed certain emissions-based issues with several of Chrysler's automobiles, a federal judge in New York ruled Nov. 13 in denying the defendants' motion to dismiss (Victor Pirnik v. Fiat Chrysler Automobiles N.V., et al., No. 15-7199, S.D. N.Y.; 2017 U.S. Dist. LEXIS 187264).

    Mealey's Toxic Tort/Environmental - MTBE MDL Judge Recommends Remanding Water District's Suit To California Court

    NEW YORK - The federal judge in New York presiding over litigation stemming from groundwater contamination caused by the gasoline additive methyl tertiary butyl ether (MTBE) on Nov. 13 recommended remanding the Orange County Water District's (OCWD) lawsuit to California federal court, finding that all consolidated pretrial proceedings in the suit have been completed (In re: Methyl Tertiary Butyl Ether (MTBE) Products liability Litigation, MDL 1358, Orange County Water District v. Unocal, et al., No. 04 Civ. 4968, S.D. N.Y., 2017 U.S. Dist. LEXIS 187458).

    Mealey's Litigation Procedure - Attorney Fees Denied For Objector In Southwest Voucher Suit

    CHICAGO - An Illinois federal judge on Nov. 13 denied a motion for attorney fees filed by a class member who filed an objection following a settlement in a lawsuit against Southwest Airlines Co. after it stopped honoring drink vouchers, ruling that any order would undo the settlement that has already been approved by a district court and the Seventh Circuit U.S. Court of Appeals (In Re: Southwest Airlines Voucher Litigation, No. 11-8176, N.D. Ill., 2017 U.S. Dist. LEXIS 186937).