LexisNexis® Legal Newsroom
Mealey's IP/Tech - United Technologies Tells Patent Board It Will Appeal Ruling To Federal Circuit

ALEXANDRIA, Va. - A patent owner on Aug. 28 announced its intent to appeal a June 2017 adverse inter partes review (IPR) holding to the Federal Circuit U.S. Court of Appeals (General Electric Company v. United Technologies Corporation, No. IPR2016-00533, PTAB).

Mealey's Bankruptcy - Insurer Cannot Litigate Coverage Dispute In State Court, Bankruptcy Judge Says

OAKLAND, Calif. - A California federal bankruptcy judge on Aug. 24 denied an insurer's request to sue a company's asbestos trust in state court over the amount of coverage owed for asbestos personal injury claims, issuing a strong rebuke to the insurer's attorneys, who claimed that the trustee knew the claims he submitted to the insurer did not trigger the polices at issue (In re CFB Liquidating Corporation, f/k/a Chicago Fire Brick Co., et al., No. 01-45483, N.D. Calif. Bkcy., 2017 Bankr. LEXIS 2411).

Mealey's Antitrust/Unfair Competition - Admitted Expert Opinions Doom Woman's Class Action Over Gingko Biloba Supplements

SAN DIEGO - A consumer cannot pursue a class action alleging that product claims on the label for nutritional supplements are false because admitted expert testimony that scientific evidence supports the claims on the label precludes the consumer's claims, a California federal judge ruled Aug. 23 after denying the consumer's bid to exclude the expert opinions (Tatiana Korolshteyn v. Costco Wholesale Corporation, et al., No. 15-709, S.D. Calif., 2017 U.S. Dist. LEXIS 135303).

Mealey's Litigation Procedure - Admitted Expert Opinions Doom Woman's Class Action Over Gingko Biloba Supplements

SAN DIEGO - A consumer cannot pursue a class action alleging that product claims on the label for nutritional supplements are false because admitted expert testimony that scientific evidence supports the claims on the label precludes the consumer's claims, a California federal judge ruled Aug. 23 after denying the consumer's bid to exclude the expert opinions (Tatiana Korolshteyn v. Costco Wholesale Corporation, et al., No. 15-709, S.D. Calif., 2017 U.S. Dist. LEXIS 135303).

Mealey's PI/Product Liability - Multiplaintiff Essure Suit Again Remanded To State Court On Citizenship

EAST ST. LOUIS, Ill. - Ignoring a recent U.S. Supreme Court jurisdiction ruling and its progeny, an Illinois federal judge on Aug. 22 said nondiverse citizenship governs and granted remand a second time of an Essure multiplaintiff lawsuit to Illinois state court (Christy Rios, et al. v. Bayer Corporation, et al., No. 17-758, S.D. Ill., 2017 U.S. Dist. LEXIS 134222).

Mealey's IP/Tech - Federal Circuit Upholds Patent Board Inter Partes Review Findings

WASHINGTON, D.C. - The Patent Trial and Appeal Board did not err in determining that a patented heating, ventilating and air conditioning (HVAC) system is invalid as anticipated or obvious, the Federal Circuit U.S. Court of Appeals ruled Aug. 22 (Nidec Motor Corporation v. Zhongshan Broad Ocean Motor Co. Ltd., et al., No. 16-2321, Fed. Cir., 2017 U.S. App. LEXIS 15923).

Mealey's IP/Tech - Federal Circuit Affirms: Oracle Did Not Infringe Middleware Patent

WASHINGTON, D.C. - A California federal judge did not err in deeming Oracle Corp. a non-infringer of a patented system and method of accessing data in a relational database, the Federal Circuit U.S. Court of Appeals ruled Aug. 21 (Thought Inc. v. Oracle Corporation, No. 16-2369, Fed. Cir., 2017 U.S. App. LEXIS 15812).

Mealey's Insurance - Panel Affirms Ruling In Excess Insurer's Favor In Dispute Over Hotel Damage

WEST PALM BEACH, Fla. - A Florida appeals panel on Aug. 16 found that an excess insurance policy is unambiguous and not illusory, affirming a lower court's ruling in favor of the insurer in a breach of contract lawsuit over damage to the insured's New Orleans hotel (The Warwick Corporation, et al. v. Matthew Turetsky, et al., No. 4D16-2567, Fla. App., 4th Dist., 2017 Fla. App. LEXIS 11792).

Mealey's Insurance - Rapid-American Protests Insurers' Subpoenas To Claims-Processing Facilities

NEW YORK - Chapter 11 debtor Rapid-American Corp. and the asbestos claimants in its case asked a New York federal bankruptcy judge on Aug. 15 to stop the debtor's insurers from enforcing subpoenas they issued to six asbestos claims-processing facilities, saying the subpoenas are "facially overbroad and seek material that is wholly irrelevant" to the issues in an insurance coverage adversary action (Rapid-American Corporation, et al. v. Travelers Casualty and Surety Company, et al., No. 15-01095, S.D. N.Y. Bkcy.).

Mealey's Litigation Procedure - Rapid-American Protests Insurers' Subpoenas To Claims-Processing Facilities

NEW YORK - Chapter 11 debtor Rapid-American Corp. and the asbestos claimants in its case asked a New York federal bankruptcy judge on Aug. 15 to stop the debtor's insurers from enforcing subpoenas they issued to six asbestos claims-processing facilities, saying the subpoenas are "facially overbroad and seek material that is wholly irrelevant" to the issues in an insurance coverage adversary action (Rapid-American Corporation, et al. v. Travelers Casualty and Surety Company, et al., No. 15-01095, S.D. N.Y. Bkcy.).

Mealey's Bankruptcy - Rapid-American Protests Insurers' Subpoenas To Claims-Processing Facilities

NEW YORK - Chapter 11 debtor Rapid-American Corp. and the asbestos claimants in its case asked a New York federal bankruptcy judge on Aug. 15 to stop the debtor's insurers from enforcing subpoenas they issued to six asbestos claims-processing facilities, saying the subpoenas are "facially overbroad and seek material that is wholly irrelevant" to the issues in an insurance coverage adversary action (Rapid-American Corporation, et al. v. Travelers Casualty and Surety Company, et al., No. 15-01095, S.D. N.Y. Bkcy.).

Mealey's Toxic Tort/Environmental - Lago Agrio Attorney Objects To Defense Costs, Seeks Reassignment Of Case

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 Aug. 16 filed a letter with the judge presiding over the matter in the U.S. District Court for the Southern District of New York objecting to "exorbitant and unprecedented" defense costs, and seeking reassignment of the case to another federal court (Chevron Corporation v. Donziger, et al., Case No. 11 Civ. 691, S.D. N.Y.).

Mealey's IP/Tech - Divided Federal Circuit Says Patent Recites A Technological Improvement

WASHINGTON, D.C. - A dismissal by a Delaware federal judge of patent infringement allegations against NVIDIA Corp. was reversed and remanded Aug. 15 by a divided Federal Circuit U.S. Court of Appeals, which concluded that the dismissal was premised on an erroneous finding of patent ineligibility (Visual Memory LLC v. NVIDIA Corporation, No. 16-2254, Fed. Cir.).

Mealey's Labor & Employment - 7th Circuit Upholds Ruling For Cosmetology School In Wage Suit By Students

CHICAGO - The Seventh Circuit U.S. Court of Appeals on Aug. 14 upheld a trial court's summary judgment ruling for a chain of cosmetology schools sued by a proposed class of students seeking wages for time spent in the schools' salons (Venitia Hollins v. Regency Corporation, et al., No. 15-3607, 7th Cir., 2017 U.S. App. LEXIS 15076).

Mealey's Litigation Procedure - 7th Circuit Upholds Ruling For Cosmetology School In Wage Suit By Students

CHICAGO - The Seventh Circuit U.S. Court of Appeals on Aug. 14 upheld a trial court's summary judgment ruling for a chain of cosmetology schools sued by a proposed class of students seeking wages for time spent in the schools' salons (Venitia Hollins v. Regency Corporation, et al., No. 15-3607, 7th Cir., 2017 U.S. App. LEXIS 15076).

Mealey's Labor & Employment - Walgreens, CVS Hit With Class Suits Alleging Generic Drug Overpricing

CHICAGO - Two groups of consumers, both represented by Hagens Berman, filed two separate class complaints, one in the U.S. District Court for the District of Rhode Island on Aug. 7 and the second in the U.S. District Court for the Northern District of Illinois on Aug. 9, accusing CVS Health Corp. and Walgreens Boots Alliance Inc., respectively, of fraudulently driving up the cost of generic drugs (Megan Schultz, et al. v. CVS Health Corporation, No. 17-359, D. R.I., David Grabstald, et al. v. Walgreens Boots Alliance, Inc., No. 17-5789, N.D. Ill.).

Mealey's Antitrust/Unfair Competition - Walgreens, CVS Hit With Class Suits Alleging Generic Drug Overpricing

CHICAGO - Two groups of consumers, both represented by Hagens Berman, filed two separate class complaints, one in the U.S. District Court for the District of Rhode Island on Aug. 7 and the second in the U.S. District Court for the Northern District of Illinois on Aug. 9, accusing CVS Health Corp. and Walgreens Boots Alliance Inc., respectively, of fraudulently driving up the cost of generic drugs (Megan Schultz, et al. v. CVS Health Corporation, No. 17-359, D. R.I., David Grabstald, et al. v. Walgreens Boots Alliance, Inc., No. 17-5789, N.D. Ill.).

Mealey's Litigation Procedure - Walgreens, CVS Hit With Class Suits Alleging Generic Drug Overpricing

CHICAGO - Two groups of consumers, both represented by Hagens Berman, filed two separate class complaints, one in the U.S. District Court for the District of Rhode Island on Aug. 7 and the second in the U.S. District Court for the Northern District of Illinois on Aug. 9, accusing CVS Health Corp. and Walgreens Boots Alliance Inc., respectively, of fraudulently driving up the cost of generic drugs (Megan Schultz, et al. v. CVS Health Corporation, No. 17-359, D. R.I., David Grabstald, et al. v. Walgreens Boots Alliance, Inc., No. 17-5789, N.D. Ill.).

Mealey's PI/Product Liability - Judge Axes Expert's Late Report, Dismisses Negligence Claims Against Doctor

ALBUQUERQUE, N.M. - A New Mexico federal judge on Aug. 8 awarded summary judgment to a doctor and his employer on an estate's wrongful death claims after excluding a late-filed expert report as untimely and, therefore, prejudicial (John Faure v. Community Health Systems Professional Services Corporation, et al., No. 1:14-cv-559, D. N.M., 2017 U.S. Dist. LEXIS 125558).

Mealey's Insurance - Judge: Prior Knowledge Exclusion Bars Coverage For Negligence Suit Claim Attorney

MIAMI - A Florida federal judge on Aug. 9 held that a professional liability insurance policy's prior-knowledge exclusion relieves the insurer of its duty to defend and indemnify an underlying negligence lawsuit brought against its attorney insured (David R. Farbstein, P.A., et al. v. Westport Insurance Corporation, et al., No. 16-62361, S.D. Fla., 2017 U.S. Dist. LEXIS 125990).

Mealey's Litigation Procedure - Judge Axes Expert's Late Report, Dismisses Negligence Claims Against Doctor

ALBUQUERQUE, N.M. - A New Mexico federal judge on Aug. 8 awarded summary judgment to a doctor and his employer on an estate's wrongful death claims after excluding a late-filed expert report as untimely and, therefore, prejudicial (John Faure v. Community Health Systems Professional Services Corporation, et al., No. 1:14-cv-559, D. N.M., 2017 U.S. Dist. LEXIS 125558).

Mealey's Litigation Procedure - Federal Judge Orders Nigerian Petroleum Corp. To Produce Documents

NEW YORK - A New York federal judge on Aug. 7 ordered the Nigerian National Petroleum Corp. (NNPC) to produce certain documents in a case in which a Nigerian entity seeks to confirm a $1,779,000,000 arbitral award (Esso Exploration and Production Nigeria Limited et al v. Nigerian National Petroleum Corporation, No. 1:14-cv-08445, S.D. N.Y.).

Mealey's Toxic Tort/Environmental - 9th Circuit Again Finds Fault In Expert Witness Rulings In Water Contamination Row

PASADENA, Calif. - A federal trial court abused its discretion twice when making two expert witness decisions against a California city, and the errors were prejudicial to the city in its claims that its groundwater was polluted by a chemical in a company's fertilizer products, the Ninth Circuit U.S. Court of Appeals held Aug. 7 in vacating the trial court's judgment and remanding for a new trial (City of Pomona v. SQM North America Corporation, No. 15-56062, 9th Cir., 2017 U.S. App. LEXIS 14491).

Mealey's Litigation Procedure - 9th Circuit Again Finds Fault In Expert Witness Rulings In Water Contamination Row

PASADENA, Calif. - A federal trial court abused its discretion twice when making two expert witness decisions against a California city, and the errors were prejudicial to the city in its claims that its groundwater was polluted by a chemical in a company's fertilizer products, the Ninth Circuit U.S. Court of Appeals held Aug. 7 in vacating the trial court's judgment and remanding for a new trial (City of Pomona v. SQM North America Corporation, No. 15-56062, 9th Cir., 2017 U.S. App. LEXIS 14491).

Mealey's IP/Tech - Divided Federal Circuit Reverses Rejection Of Patent Validity Challenge

WASHINGTON, D.C. - A decision by the Patent Trial and Appeal Board that confirmed the validity of a household blender patent was reversed Aug. 4 by a divided Federal Circuit U.S. Court of Appeals (Homeland Housewares LLC v. Whirlpool Corporation, No. 16-1511, Fed. Cir., 2017 U.S. App. LEXIS 14332).