LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Rapid-American Denied Protective Order For Insurers' Subpoenas

NEW YORK - Chapter 11 debtor Rapid-American Corp. and asbestos claimants in its bankruptcy case do not have standing to challenge subpoenas served by insurers to asbestos claims-processing facilities seeking evidence of fraud in the asbestos trust system, and besides, the information sought is relevant to the debtor's declaratory judgment action against the insurers, a New York federal bankruptcy judge held Feb. 12 (Rapid-American Corporation, et al. v. Travelers Casualty and Surety Company, et al., No. 15-01095, S.D. N.Y. Bkcy., 2018 Bankr. LEXIS 378).

Mealey's IP/Tech - Medtronic Tells Board 'Double Catheter' Patent Is Obvious, Anticipated

ALEXANDRIA, Va. - In a Feb. 12 petition for inter partes review, Medtronic Inc. asserts that 12 claims of a patented "double catheter" and related method for placing an electrical lead in a lateral branch vein of a coronary sinus would have been obvious to a person of skill in the art (Medtronic Inc. v. Niazi Licensing Corporation, No. IPR2018-00609, PTAB).

Mealey's Bankruptcy - Rapid-American Denied Protective Order For Insurers' Subpoenas

NEW YORK - Chapter 11 debtor Rapid-American Corp. and asbestos claimants in its bankruptcy case do not have standing to challenge subpoenas served by insurers to asbestos claims-processing facilities seeking evidence of fraud in the asbestos trust system, and besides, the information sought is relevant to the debtor's declaratory judgment action against the insurers, a New York federal bankruptcy judge held Feb. 12 (Rapid-American Corporation, et al. v. Travelers Casualty and Surety Company, et al., No. 15-01095, S.D. N.Y. Bkcy., 2018 Bankr. LEXIS 378).

Mealey's Toxic Tort/Environmental - Insurer, Reinsurer Submit Briefs On New York High Court Decision's Application

NEW YORK - In a coverage dispute over asbestos litigation costs, a reinsurer and insurer submitted letters on Feb. 9 to the Second Circuit U.S. Court of Appeals concerning how a New York high court ruling applies to a reinsurance contract's per-occurrence liability cap (Global Reinsurance Corporation of America v. Century Indemnity Co., No. 15-2164, 2nd Cir.).

Mealey's Litigation Procedure - Class Complaint Over Timeshare Dealings Is Dismissed As Shotgun Pleading

ORLANDO, Fla. - A Florida federal judge on Feb. 12 dismissed an amended class complaint by a timeshare owner alleging various breaches by Wyndham timeshare entities for being a shotgun pleading and gave the plaintiff two weeks to file an amended complaint that properly separates the claims (Tommy J. Embree v. Wyndham Worldwide Corporation, et al., No. 16-928, M.D. Fla., 2018 U.S. Dist. LEXIS 22165).

Mealey's Insurance - Insurer, Reinsurer Submit Briefs On New York High Court Decision's Application

NEW YORK - In a coverage dispute over asbestos litigation costs, a reinsurer and insurer submitted letters on Feb. 9 to the Second Circuit U.S. Court of Appeals concerning how a New York high court ruling applies to a reinsurance contract's per-occurrence liability cap (Global Reinsurance Corporation of America v. Century Indemnity Co., No. 15-2164, 2nd Cir.).

Mealey's Insurance - Court Erred In Finding Faulty Work Can Never Be An 'Occurrence,' Majority Says

DENVER - A majority of the 10th Circuit U.S. Court of Appeals concluded Feb. 13 that a lower federal court erred in finding that a subcontractor's faulty workmanship that caused damage to an insured's own work can never be an "occurrence," reversing and remanding (Black & Veatch Corporation v. Aspen Insurance [UK] Ltd, et al., No. 16-3359 10th Cir., 2018 U.S. App. LEXIS 3342).

Mealey's Antitrust/Unfair Competition - Federal Circuit Lacks Jurisdiction Over Walker Process Patent Fraud Claim

WASHINGTON, D.C. - Allegations that a patent owner violated Section 2 of the Sherman Act, 15 U.S.C. 2, and Sections 4 and 6 of the Clayton Act, 15 U.S.C. 4, 6, by committing fraud upon the U.S. Patent and Trademark Office (PTO) should proceed in the Fifth Circuit U.S. Court of Appeals, the Federal Circuit U.S. Court of Appeals ruled Feb. 9 (Xitronix Corporation v. KLA-Tencor Corporation, No. 16-2746, Fed. Cir.).

Mealey's IP/Tech - Federal Circuit Lacks Jurisdiction Over Walker Process Patent Fraud Claim

WASHINGTON, D.C. - Allegations that a patent owner violated Section 2 of the Sherman Act, 15 U.S.C. 2, and Sections 4 and 6 of the Clayton Act, 15 U.S.C. 4, 6, by committing fraud upon the U.S. Patent and Trademark Office (PTO) should proceed in the Fifth Circuit U.S. Court of Appeals, the Federal Circuit U.S. Court of Appeals ruled Feb. 9 (Xitronix Corporation v. KLA-Tencor Corporation, No. 16-2746, Fed. Cir.).

Mealey's IP/Tech - Costs Awarded In New York Copyright Case; Judge Says Both Sides Unreasonable

ALBANY, N.Y. - A New York federal judge on Feb. 7 awarded two prevailing copyright infringement defendants $38,247.89 in costs but deferred a ruling on the amount of attorney fees to be reimbursed and instead ordered additional briefing (Universal Instruments Corporation v. Micro Systems Engineering Inc., No. 13-831, N.D. N.Y., 2018 U.S. Dist. LEXIS 19662).

Mealey's Labor & Employment - 5th Circuit Upholds Ruling For RadioShack In Stock Investment ERISA Suit

NEW ORLEANS - RadioShack Corp. employees who participated in its 401(k) plan failed to show that RadioShack's board of directors and 401(k) plan administrative committee breached their fiduciary duties under the Employee Retirement Income Security Act by allowing plan participants to invest in RadioShack stock while the company was headed to bankruptcy, a Fifth Circuit U.S. Court of Appeals panel ruled Feb. 6, upholding a trial court's ruling for RadioShack (Manoj P. Singh v. RadioShack Corporation, et al., Jeffrey Snyder v. RadioShack Corporation, et al., William A. Gerhart, et al. v. RadioShack Corporation, et al., No. 16-11587, 5th Cir., 2018 U.S. App. LEXIS 2904).

Mealey's PI/Product Liability - 4th Circuit Affirms $9M Verdict In Boston Scientific Pelvic Mesh Bellwether Cases

RICHMOND, Va. - The Fourth Circuit U.S. Court of Appeals on Feb. 6 affirmed two verdicts totaling $9 million in a Boston Scientific Corp. multidistrict litigation bellwether trial, rejecting the defendant's arguments against consolidating four cases for trial, against two evidentiary rulings, against the adequacy of the evidence and against punitives damages based on the then-existing standard for punitive damages (Carol Campbell, et al. v. Boston Scientific Corporation, No. 16-2279, 4th Cir., 2018 U.S. App. LEXIS 2877).

Mealey's IP/Tech - Nokia Seeks Review Of Blackberry Mobile Communication Patent

ALEXANDRIA, Va. - Nine claims of a Blackberry Ltd. patent were anticipated by a patent application filed and published in 2006, Nokia of America Corp. tells the Patent Trial and Appeal Board in a Feb. 6 petition for inter partes review (IPR) (Nokia of America Corporation v. Blackberry Ltd., No. IPR2018-00583, PTAB).

Mealey's Litigation Procedure - D.C. Circuit Allows Hellenic Republic's Appeal Of Order Converting Award

WASHINGTON, D.C. - The District of Columbia Circuit U.S. Court of Appeals on Feb. 2 reversed a district court's decision that granted a technology company's request to convert an arbitral award to U.S. dollars based on the currency exchange rate at the time the award was issued in 2013, finding that the award was issued in euros and that all of its previous requests regarding confirmation of the award referenced euros (Leidos Inc., formerly known as Science Applications International Corporation, v. Hellenic Republic, No. 17-7082, D.C. Cir., 2018 U.S. App. LEXIS 2614).

Mealey's Litigation Procedure - 3 Subclasses Certified In ERISA Suit Over Oracle Plan Fees, Investments

DENVER - A Colorado federal judge on Jan. 30 denied certification of the plaintiffs' proposed class in an Employee Retirement Income Security Act lawsuit accusing Oracle Corp. of making imprudent investments and allowing the collection of excessive fees related to its 401(k) plan but granted certification of more narrow subclasses related to the imprudent investment claims (Deborah Troudt, et al. v. Oracle Corporation, et al., No. 16-175, D. Colo., 2018 U.S. Dist. LEXIS 15151).

Mealey's Labor & Employment - 3 Subclasses Certified In ERISA Suit Over Oracle Plan Fees, Investments

DENVER - A Colorado federal judge on Jan. 30 denied certification of the plaintiffs' proposed class in an Employee Retirement Income Security Act lawsuit accusing Oracle Corp. of making imprudent investments and allowing the collection of excessive fees related to its 401(k) plan but granted certification of more narrow subclasses related to the imprudent investment claims (Deborah Troudt, et al. v. Oracle Corporation, et al., No. 16-175, D. Colo., 2018 U.S. Dist. LEXIS 15151).

Mealey's Toxic Tort/Environmental - 2nd Circuit Orders Briefing In Reinsurance Dispute Over Occurrence Liability Cap

NEW YORK - In a coverage dispute over asbestos litigation costs, the Second Circuit U.S. Court of Appeals on Jan. 26 ordered an insurer and reinsurer to submit briefing concerning how a New York high court ruling applies to a reinsurance contract's per-occurrence liability cap (Global Reinsurance Corporation of America v. Century Indemnity Co., No. 15-2164, 2nd Cir.).

Mealey's Insurance - 2nd Circuit Orders Briefing In Reinsurance Dispute Over Occurrence Liability Cap

NEW YORK - In a coverage dispute over asbestos litigation costs, the Second Circuit U.S. Court of Appeals on Jan. 26 ordered an insurer and reinsurer to submit briefing concerning how a New York high court ruling applies to a reinsurance contract's per-occurrence liability cap (Global Reinsurance Corporation of America v. Century Indemnity Co., No. 15-2164, 2nd Cir.).

Mealey's Labor & Employment - $1.6M Vita-Mix, Staffing Agency Wages Settlement Is Granted Final Approval

LOS ANGELES - A California federal judge on Jan. 25 rejected objections by an individual who was not a member of the class and granted final approval of a $1.6 million settlement to be paid by Vita-Mix Corp. and a staffing company to end a class complaint by workers alleging that they were misclassified and denied overtime wages and benefits (Rainoldo Gooding, et al. v. Vita-Mix Corporation, et al., No. 16-3898, C.D. Calif., 2018 U.S. Dist. LEXIS 13252).

Mealey's Litigation Procedure - $1.6M Vita-Mix, Staffing Agency Wages Settlement Is Granted Final Approval

LOS ANGELES - A California federal judge on Jan. 25 rejected objections by an individual who was not a member of the class and granted final approval of a $1.6 million settlement to be paid by Vita-Mix Corp. and a staffing company to end a class complaint by workers alleging that they were misclassified and denied overtime wages and benefits (Rainoldo Gooding, et al. v. Vita-Mix Corporation, et al., No. 16-3898, C.D. Calif., 2018 U.S. Dist. LEXIS 13252).

Mealey's Insurance - Man's Claims Against Johns-Manville Broker Barred, Court Rules Again

NEW YORK - An asbestosis sufferer "received due process in every possible respect" as a future claimant in the long-running Chapter 11 case of Johns-Manville Corp., so he cannot pursue in personam claims against the company's insurance broker, a New York federal bankruptcy judge held Jan. 24 on remand (In re Johns-Manville Corporation, et al., No. 82-11656, S.D. N.Y. Bkcy., 2018 Bankr. LEXIS 166).

Mealey's Bankruptcy - Man's Claims Against Johns-Manville Broker Barred, Court Rules Again

NEW YORK - An asbestosis sufferer "received due process in every possible respect" as a future claimant in the long-running Chapter 11 case of Johns-Manville Corp., so he cannot pursue in personam claims against the company's insurance broker, a New York federal bankruptcy judge held Jan. 24 on remand (In re Johns-Manville Corporation, et al., No. 82-11656, S.D. N.Y. Bkcy., 2018 Bankr. LEXIS 166).

Mealey's Toxic Tort/Environmental - Chicago Sues U.S. Steel For Discharging Toxic Chemicals Into Lake Michigan

HAMMOND, Ind. - The city of Chicago on Jan. 24 sued U.S. Steel Corp. in an Indiana federal court, contending that it is liable for "multiple excessive discharges of toxic chemicals" into Lake Michigan, which is the source of drinking water for more than 5 million people and arguing that U.S. Steel has committed "repeated and significant" violations of its permits under the Clean Water Act (CWA), 33 U.S.C. 1251-1387 (City of Chicago v. United States Steel Corporation, No. 18-33, N.D. Ind.).

Mealey's Litigation Procedure - Company: Chemical Injury Claims Barred By Statute Of Limitations

NEW YORK - A chemical company filed a brief in New York federal court on Jan. 16 arguing that the district court should reconsider its ruling that determined that personal injury claims related to chemical exposure allegedly suffered on banana plantations were not barred by the statute of limitations (Tobias Bermudez Chavez, et al. v. Occidental Chemical Corporation, No. 17-3459, S.D. N.Y.).

Mealey's IP/Tech - Drug Company Seeks Review Of Cancer Treatment Patent, Joinder With Other Case

ALEXANDRIA, Va. - West-Ward Pharmaceutical Co. on Jan. 17 took aim at a cancer treatment patent while also requesting joinder to an inter partes review (IPR) by Breckenridge Pharmaceutical Inc., in which the Patent Trial and Appeal Board on Jan. 3 instituted trial (West-Ward Pharmaceutical Co. v. Novartis Pharmaceuticals Corporation, No. IPR2018-00507, PTAB).