LexisNexis® Legal Newsroom
Mealey's Data Privacy - Patient's HIPAA Claim Over Lab's Privacy Failure Dismissed By Federal Judge

WASHINGTON D.C. - Because the Health Insurance Portability and Accountability Act (HIPAA) does not provide for a private cause of action, a District of Columbia federal judge on June 15 granted a diagnostic laboratory's motion to dismiss a complaint alleging that the lab violated the act by not furnishing patients with ample privacy while obtaining their personal health information (PHI) (Hope Lee-Thomas v. Laboratory Corporation of America, No. 1:18-cv-00591, D. D.C., 2018 U.S. Dist. LEXIS 100428).

Mealey's Insurance - Insured Seeks Coverage For Suit Disputing Constitutionality Of Probationary Services

WILMINGTON, Del. - An insured on June 15 sued its excess insurer in Delaware Superior Court, seeking coverage for a class action challenging the constitutionality of its subsidiary's private probationary services (Providence Service Corporation v. Illinois Union Insurance Company, No. 18C-06-114, Del. Super.).

Mealey's Labor & Employment - Patient's HIPAA Claim Over Lab's Privacy Failure Dismissed By Federal Judge

WASHINGTON, D.C. - Because the Health Insurance Portability and Accountability Act (HIPAA) does not provide for a private cause of action, a District of Columbia federal judge on June 15 granted a diagnostic laboratory's motion to dismiss a complaint alleging that the lab violated the act by not furnishing patients with ample privacy while obtaining their personal health information (PHI) (Hope Lee-Thomas v. Laboratory Corporation of America, No. 1:18-cv-00591, D. D.C., 2018 U.S. Dist. LEXIS 100428).

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 Litigation Procedure - 8th Circuit Upholds Target Data Breach Class Certification, Settlement

ST. PAUL, Minn. - Rejecting objections by two class members, an Eighth Circuit U.S. Court of Appeals panel on June 13 affirmed a trial court's approval of a $10 million settlement between Target Corp. and a class of consumers affected by a 2013 data breach, finding that on remand after a previous ruling in the objectors' favor, the presiding judge conducted the necessary "rigorous analysis" of the settlement (In re: Target Corporation Customer Data Security Breach Litigation, No. 15-3909, 15-3912, 16-1203, 16-1245 and 16-1408 8th Cir., 2018 U.S. App. LEXIS 15839).

Mealey's Toxic Tort/Environmental - Chevron: Court Should Deny Relief, Hold Lago Agrio Attorney In Contempt

NEW YORK - Chevron Corp. filed a brief in a New York federal court on June 14 contending that the district court should deny a motion for declaratory relief filed by Steven Donziger, the attorney who represented a group of Ecuadorian residents who won an $18.5 billion judgment against the company for injuries only to have it reversed (Chevron Corporation v. Donziger, et al., No. 11 Civ. 691, S.D. N.Y.).

Mealey's PI/Product Liability - Defense Verdict Returned In Massachusetts Boston Scientific Pelvic Mesh Trial

WOBURN, Mass. - A Massachusetts state court jury on June 14 returned a defense verdict in a Boston Scientific Corp. pelvic mesh trial (Ana Martinez, et al. v. Boston Scientific Corporation, et al., No. 12-3081, Mass Super., Middlesex Co.).

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, No. 17-146, W.D. Ky., 2018 U.S. Dist. LEXIS 98001).

Mealey's Labor & Employment - D.C. Judge Rules Against Delta Pilots, Says Trustee Not Arbitrary, Capricious

WASHINGTON, D.C. - Allegations by a putative class of approximately 1,700 former Delta Air Lines Inc. pilots that final benefits determinations made under their retirement plan violated the Employee Retirement Income Security Act were rejected June 11 by a District of Columbia federal judge, who found instead that a trustee for the plan was neither arbitrary nor capricious (K. Wendell Lewis, et al. v. Pension Benefit Guaranty Corporation, No. 15-1328, D. D.C.; 2018 U.S. Dist. LEXIS 97210).

Mealey's IP/Tech - Florida Magistrate Judge: Corporate Officers Can Be Added To Copyright Case

MIAMI - A plaintiff was granted leave to amend its copyright infringement complaint on June 11 by a Florida federal magistrate judge, to add various individuals as defendants, but a related request to allege that the individuals are liable for secondary infringement was rejected (43 North Broadway LLC v. Essential Media Group LLC, No. 17-24518, S.D. Fla., 2018 U.S. Dist. LEXIS 97497).

Mealey's IP/Tech - Despite Remand, Federal Circuit Won't Require Board To Consider Fraud Claim

WASHINGTON, D.C. - In a June 11 order, the Federal Circuit U.S. Court of Appeals granted a joint motion to remand to the Patent Trial and Appeal Board an inter partes review (IPR) of an animal litter patent but declined a petitioner's request that the court order the board to address allegations of fraud or sanctions stemming from documents produced in a parallel district court case (Nestle Purina Petcare Company v. Oil-Dri Corporation of America, No. 17-1744, Fed. Cir.).

Mealey's Insurance - California Majority: Claims Against Employer Allege Occurrence Under CGL Policy

SAN FRANCISCO - In answering a question of "exceptional importance" from the Ninth Circuit U.S. Court of Appeals, a majority of the California Supreme Court on June 4 found that third-party claims against an employer for negligent hiring, retention and supervision of its employee qualify as an "occurrence" under the employer's commercial general liability (CGL) policy (Liberty Surplus Insurance Corporation, et al. v. Ledesma and Meyer Construction Company, Inc., et al., No. S236765, Calif. Sup., 2018 Cal. LEXIS 4063).

Mealey's Toxic Tort/Environmental - Municipal Water Agency Objects To Company's Bill Of Costs In Groundwater Case

CENTRAL ISLIP, N.Y. - A municipal water district on May 31 filed a brief in a New York federal court contending that Northrop Grumman's bill of costs in the litigation between the parties concerning contaminated groundwater should be denied in its entirety (Bethpage Water District v. Northrop Grumman Corporation, et al., No. 13-6362, E.D. N.Y.).

Mealey's Litigation Procedure - Residents Seek Class Status For Injury Claims Related To Refinery Explosion

LOS ANGELES - A group of California residents on May 30 moved in California federal court seeking class certification for their injury lawsuit against Exxon Mobil Corp. related to damages they allege they have suffered as a result of an explosion at the company's Torrance Refinery in 2015 (Arnold Goldstein, et al. v. Exxon Mobil Corporation, et al., No. 17-2477, C.D. Calif.).

Mealey's Litigation Procedure - Gold Mining Company Seeks Confirmation Of $2.5M ICDR Award

NEW YORK - A gold mining company on May 29 filed a petition in a New York federal court, seeking to confirm an arbitral award issued in its favor in relation to an agreement for ownership of companies with gold mining rights in Chile (Global Gold Corporation v. Amarant Mining Ltd., et al., No. 7:18-cv-04723, S.D. N.Y.).

Mealey's Toxic Tort/Environmental - Residents Seek Class Status For Injury Claims Related To Refinery Explosion

LOS ANGELES - A group of California residents on May 30 moved in California federal court seeking class certification for their injury lawsuit against Exxon Mobil Corp. related to damages they allege they have suffered as a result of an explosion at the company's Torrance Refinery in 2015 (Arnold Goldstein, et al. v. Exxon Mobil Corporation, et al., No. 17-2477, C.D. Calif.).

Mealey's PI/Product Liability - 'Opioid Baby' Track Sought In Opioid MDL

CLEVELAND - Eight plaintiffs on May 31 asked the opioid multidistrict litigation court to create a track for cases involving neonatal abstinence syndrome (NAS), or what the plaintiffs call "opioid babies" (In Re: National Prescription Opioid Litigation, MDL Docket No. 2804, Rees v. McKesson Corporation, et al., No. 18-45252, N.D. Ohio, Eastern Div.).

Mealey's IP/Tech - ZTE Bid For Dismissal Of Patent Claims Denied By Texas Federal Judge

DALLAS - Although ZTE Corp. "rightly" argues that foreign corporations face a "significant" burden when forced to defend litigation in the United States, ZTE "fails entirely to recognize the substantial interests of Texas and the United States in enforcing federal patent laws," a Texas federal judge ruled May 30 (Seven Networks LLC v. ZTE (USA) Inc. and ZTE Corp., No. 17-1495, N.D. Texas, 2018 U.S. Dist. LEXIS 89465).

Mealey's Insurance - High Court Refuses To Find Whether Insured Vs. Insured Exclusion Bars FDIC's Claims

WASHINGTON, D.C. - The U.S. Supreme Court on May 29 denied a directors and officers liability insurer's petition for writ of certiorari asking it to determine whether claims brought by the Federal Deposit Insurance Corp. in its capacity as receiver of an insolvent bank constitute claims brought "by" or "on behalf of" the bank (Certain Underwriters at Lloyd's, London v. Federal Deposit Insurance Corporation, et al., No. 17-1451, U.S. Sup.).

Mealey's Toxic Tort/Environmental - Cleanup Defendant's 11th-Hour Arguments On Entities' Liability Rejected By Judge

INDIANAPOLIS - A federal judge in Indiana on May 22 overruled a defendant company's argument that its preceding entities should be able to escape liability for cleanup costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for remediation of a former steel manufacturing facility, ruling that the "untimely and unjustified" arguments were raised at the 11th hour and after summary judgment had been awarded to the plaintiff (Valbruna Slater Steel Corporation, et al. v. Joslyn Manufacturing Co. LLC, et al., No. 10-cv-44-JD, N.D. Ind., 2018 U.S. Dist. LEXIS 86174).

Mealey's Toxic Tort/Environmental - Panel: Lago Agrio Parties May Not Pierce Chevron's Corporate Veil To Collect $9.5B

TORONTO - The Ontario Court of Appeal on May 24 affirmed a lower court's ruling that refused to pierce the corporate veil of Chevron Corp. to enforce a $9.5 billion environmental damages ruling for Ecuadorian claimants who contend that they were injured by the company during its operation in the Lago Agrio region of Ecuador (Yaiguaje v. Chevron Corporation, No. 2018 ONCA 472, Ontario App.).

Mealey's Litigation Procedure - Federal Judge To Reconsider Settlement Denial In Wine Pricing Class Suit

CAMDEN, N.J. - A New Jersey federal judge is set to reconsider on June 4 an April 17 opinion denying final approval of multi-million settlement in a class lawsuit accusing an online wine retailer of mispresenting pricing and the savings to consumers (Kyle Cannon, et al. v. Ashburn Corporation, et al., No. 16-1452, D. N.J.).

Mealey's IP/Tech - Delaware Federal Judge: Covered Business Method Review Not Unconstitutional

WILMINGTON, Del. - U.S. Judge Richard G. Andrews of the District of Delaware on May 22 turned away a constitutional challenge to the covered business method (CBM) review procedure established in 2011 by the Leahy-Smith America Invents Act (AIA), 112 P.L. 29, 125 Stat. 284 (Dr. Lakshmi Arunachalam v. International Business Machines Corporation, No. 16-281, D. Del.).

Mealey's Toxic Tort/Environmental - California Federal Jury Rules In Favor Of Chemical Company In Groundwater Case

LOS ANGELES - A federal jury in California on May 17 issued a take-nothing judgment in favor of a chemical company that had been sued by the city of Pomona, Calif., which alleged that the company was liable for contaminating the city's drinking water with perchlorate (Pomona v. SQM North America Corporation, No. 11-167, C.D. Calif.).

Mealey's Litigation Procedure - 7th Circuit Vacates Dismissal Of FACTA Class Suit, Orders Remand

CHICAGO - A district court wrongly dismissed with prejudice a class complaint over a company's printing of credit and debit card expiration dates on receipts because the court lacked jurisdiction, a Seventh Circuit U.S. Court of Appeals panel ruled May 14, vacating the lower court's judgment and remanding with instructions to send the case back to state court (Kathryn G. Collier, et al. v. SP Plus Corporation, No. 17-2431, 7th Cir., 2018 U.S. App. LEXIS 12454).