LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - New York Federal Magistrate Won't Compel Apple To Unlock IPhone Under All Writs Act

BROOKLYN, N.Y. - Denying a motion to compel Apple Inc. to assist the U.S. government in gaining access to an iPhone seized in a criminal investigation, a New York federal magistrate judge on Feb. 29 found that the government "failed to establish . . . that the [All Writs Act] permits the relief it seeks" (In re Order Requiring Apple Inc. to Assist in the Execution of a Search Warrant Issued by This Court, No. 1:15-mc-01902, E.D. N.Y.).

Mealey's Litigation Procedure - Judge: Captain May Not Testify On GPS Coordinates In Criminal Suit Against Officer

SCRANTON, Pa. - In a criminal suit against a police officer, a police captain may not testify as an expert regarding GPS coordinates and analysis, a Pennsylvania federal judge ruled Feb. 19, finding that the captain does not have the required specialized knowledge (Faith Kintzel v. Stephen Kleeman, Pennsylvania State Police Trooper, No. 13-163, M.D. Pa.; 2016 U.S. Dist. LEXIS 20158).

Mealey's PI/Product Liability - Johnson & Johnson Offers Deferred Prosecution Letter In Lieu Of Witnesses

DALLAS - Johnson & Johnson on Feb. 9 offered to avoid having witnesses testify in a Texas federal court Pinnacle hip case about its 2011 deferred prosecution agreement and $21 million criminal penalty by stipulating to a letter about the deal from the U.S. Justice Department (In Re: DePuy Orthopaedics, Inc., Pinnacle Hip Implant Product Liability Litigation, No. 11-md-2244, N.D. Texas, Dallas Div.).

Mealey's Litigation Procedure - Defendants Won't Get More Discovery In Fungal Meningitis Criminal Cases

BOSTON - Fourteen defendants facing federal criminal charges related to the 2012 fungal meningitis outbreak have all the exculpatory evidence they need, a Massachusetts federal judge ruled Feb. 10 (United States of America v. Barry J. Cadden, et al., No. 14-cr-10363, D. Mass.).

Mealey's PI/Product Liability - Defendants Won't Get More Discovery In Fungal Meningitis Criminal Cases

BOSTON - Fourteen defendants facing federal criminal charges related to the 2012 fungal meningitis outbreak have all the exculpatory evidence they need, a Massachusetts federal judge ruled Feb. 10 (United States of America v. Barry J. Cadden, et al., No. 14-cr-10363, D. Mass.).

Mealey's Insurance - Insurer Failed To Show Causal Link Between Late Notice, Actual Prejudice, Panel Says

ANNAPOLIS, Md. - The Maryland Special Court of Appeals on Feb. 1 reversed and remanded a lower court's ruling in favor of an insurer in a coverage dispute over claims that a nonprofit insured committed criminal acts in prosecuting a lawsuit against the owner of Ringling Brothers and Barnum & Bailey Circus (The Fund For Animals, Inc. v. National Union Fire Insurance Company Of Pittsburgh, PA., No. 2598, Md. App.; 2016 Md. App. LEXIS 13).

Mealey's Litigation Procedure - Texas Inmates Granted Class Certification In Suit Alleging Heat Exposure

HOUSTON - A Texas federal judge on Jan. 22 certified a class of Texas inmates who allege that their unit, operated by the Texas Department of Criminal Justice (TDCJ), is denied any climate control during the summer months and is exposed to extreme heat conditions (Keith Cole, et al. v. Brad Livingston, et al., No. 14-1698, S.D. Texas; 2016 U.S. Dist. LEXIS 7509).

Mealey's Securities/D&O Liability - Judge Issues Restraining Order On Shkreli's E*Trade Brokerage Account

BROOKLYN, N.Y. - The federal judge in New York overseeing the criminal case against alleged Ponzi scheme operator Martin Shkreli on Jan. 7 issued a restraining order preventing Shkreli or any of his associates from using the funds of a $45 million E*Trade individual brokerage account (United States of America v. Martin Shkreli, No. 15-637, E.D. N.Y.).

Mealey's Litigation Procedure - Officer Was Allowed To Testify On Intoxication In Sex Assault Case, W.Va. High Court Says

CHARLESTON, W.Va. - In a sexual assault criminal case, a law enforcement professional was allowed to testify on the issue of Gamma-Hydroxybutyrate (GHB) intoxication, a majority of the West Virginia Supreme Court of Appeals held Nov. 18 (State of West Virginia v. Richard Wakefield, No. 14-0968, W.Va. Sup. App.; 2015 W. Va. LEXIS 1116).

Mealey's PI/Product Liability - 3rd Warner Chilcott Sales Manager Pleads Guilty To HIPAA Violation

BOSTON - A third former Warner Chilcott sales manager on Nov. 12 pleaded guilty to a criminal charge of disclosing identifiable health care information for allegedly accessing patient records to submit prior authorizations for prescription of the company's Atelvia osteoporosis drug (United State of America v. Landon Eckles, No. 15-cr-10320, D. Mass.).

Mealey's Insurance - Panel: Reliance On Insurers' Misrepresentation In Settling Suit Was Unreasonable

CINCINNATI - The Sixth Circuit U.S. Court of Appeals on Nov. 9 held that it was not reasonable for a wrongfully convicted criminal to rely on insurers' alleged misrepresentation in settling an underlying civil rights lawsuit against a city insured and its police detective, affirming a federal court's dismissal of fraud, silent fraud, civil conspiracy and negligent misrepresentation claims against the insurers (Arrowood Indemnity Co. v. Michael Louis Cristini, et al., No. 15-1257, 6th Cir.; 2015 U.S. App. LEXIS 19728).

Mealey's Litigation Procedure - Panel Finds No Error In Use Of Expert Testimony On Pain Management In Criminal Case

ATLANTA - A trial court did not err in allowing an expert to testify on pain management in a criminal case against a doctor for unlawful dispensing of controlled substances, the 11th Circuit U.S. Court of Appeals held Nov. 10, affirming the convictions on conspiracy unlawful dispensation of controlled substances and sentencing against the doctor (United States of America v. Najam Azmat a/k/a Dr. Hazmat, No. 14-13703, 11th Cir.; 2015 U.S. App. LEXIS 19574).

Mealey's IP/Tech - DOJ Defends Need For Unlocked IPhone Despite Defendant's Guilty Plea

BROOKLYN, N.Y. - The same day that a New York federal judge directed the U.S. government to explain its continued need to have a criminal defendant's smartphone unlocked by Apple Inc. in light of his recent guilty plea, the U.S. Department of Justice on Oct. 30 filed a letter stating that the "matter remains ongoing until sentencing and judgment is entered in the" underlying case and, thus, its quest for potential evidence on the phone is not moot (In re Order Requiring Apple Inc. to Assist in the Execution of a Search Warrant Issued by This Court, No. 1:15-mc-01902, E.D. N.Y.).

Mealey's Litigation Procedure - DOJ Defends Need For Unlocked IPhone Despite Defendant's Guilty Plea

BROOKLYN, N.Y. - The same day that a New York federal judge directed the U.S. government to explain its continued need to have a criminal defendant's smartphone unlocked by Apple Inc. in light of his recent guilty plea, the U.S. Department of Justice on Oct. 30 filed a letter stating that the "matter remains ongoing until sentencing and judgment is entered in the" underlying case and, thus, its quest for potential evidence on the phone is not moot (In re Order Requiring Apple Inc. to Assist in the Execution of a Search Warrant Issued by This Court, No. 1:15-mc-01902, E.D. N.Y.).

Mealey's PI/Product Liability - Warner Chilcott Pleads Guilty, Pays $125M In Criminal, Civil Fines For Fraud

BOSTON - Pharmaceutical company Warner Chilcott on Oct. 23 pleaded guilty to health care fraud, and its former president was arrested for conspiracy to pay kickbacks to physicians, the U.S. Attorney for the District of Massachusetts announced Oct. 29 (United States of America v. Warner Chilcott Sales (U.S.) L.L.C., No. 15-cr-10324, United States of America ex rel. Lisa A. Alexander, et al. v. Warner Chilcott, plc, et al., No. 11-cv-10545, D. Mass.).

Mealey's Litigation Procedure - Jailed People Sue Pa. Department Of Human Services Over Mental Health Care

HARRISBURG, Pa. - A group of individuals, referred to only by their initials, filed a class complaint on Oct. 22 in Pennsylvania federal court, accusing officials from the Pennsylvania Department of Human Services (DHS) of failing to provide mental health care for people found incompetent to stand trial on criminal charges (J.H., et al. v. Theodore Dallas, et al., No. 15-2057, M.D. Pa.).

Mealey's PI/Product Liability - Doctor Arrested For Taking Kickbacks From Drug Maker

BOSTON - A Massachusetts gynecologist was arrested Oct. 22 for taking kickbacks, disclosing protected health care records and obstructing a criminal investigation in connection with her prescribing the osteoporosis drugs Actonel and Atelvia, according to a federal indictment and press release (United States of America v. Rita Luthra, M.D., No. 15-cr-30032, D. Mass.).

Mealey's Litigation Procedure - Panel Upholds Convictions For Criminal Conduct Based On Sufficient Evidence

SAN FRANCISCO - Sufficient evidence and testimony existed to support most of the convictions of a man alleged to have committed a crime spree on the basis of being in a street gang, a California appeals panel affirmed Oct. 20; however, the panel reversed and vacated the sentences as to claims for receipt of stolen property and street terrorism (The People v. Joseph Blacknell, No. A135721, Calif. App., 1st Dist., Div. 1; 2015 Cal. App. Unpub. LEXIS 7578).

Mealey's Labor & Employment - Nevada Supreme Court: Hotel May Be Liable For Employee's Criminal Actions

CARSON CITY, Nev. - An employer may be liable for an employee's criminal conduct if it was reasonably foreseeable, the Nevada Supreme Court ruled Oct. 15 reversing the dismissal of claims against a Las Vegas casino by a guest who was sexually assaulted by an employee (Cristie N. Anderson, et al. v. Mandalay Corporation, et al., Nos. 61305 and 61871, Nev. Sup.; 2015 Nev. LEXIS 97).

Mealey's PI/Product Liability - Nevada Supreme Court: Hotel May Be Liable For Employee's Criminal Actions

CARSON CITY, Nev. - An employer may be liable for an employee's criminal conduct if it was reasonably foreseeable, the Nevada Supreme Court ruled Oct. 15 reversing the dismissal of claims against a Las Vegas casino by a guest who was sexually assaulted by an employee (Cristie N. Anderson, et al. v. Mandalay Corporation, et al., Nos. 61305 and 61871, Nev. Sup.; 2015 Nev. LEXIS 97).

Mealey's Litigation Procedure - U.S. Government Denies FOIA Violations Asserted By The Associated Press

WASHINGTON, D.C. - In an Oct. 2 answer filed in District of Columbia federal court, the Federal Bureau of Investigation and the U.S. Department of Justice (DOJ) deny that they violated the Freedom of Information Act (FOIA) by denying requests from The Associated Press (AP) for documents related to investigations in which the government impersonated media organizations for the purpose of tracking down suspected criminals (The Reporters Committee for Freedom of the Press, et al. v. Federal Bureau of Investigation, et al., No. 1:15-cv-01392, D. D.C.).

Mealey's PI/Product Liability - Compounding Pharmacy, Ex-Owner Pay $1.4M, Get Jail, Probation

CHARLESTON, W.Va. - A West Virginia retail and compounding pharmacy will pay more than $1.4 million in criminal and civil penalties for health care fraud, misbranding drugs and causing false claims to be submitted to federal health care programs, according to a Sept. 15 press release by the U.S. attorney for the Southern District of West Virginia (United States of America v. Trivillian's Pharmacy, No. 14-cr-279, United States of America v. Paula Jane Butterfield, No. 14-278, S.D. W.Va.).

Mealey's Antitrust/Unfair Competition - 9th Circuit Declines To Quash FBI Tapes In Optical Disk Antitrust Class Action

SAN FRANCISCO - Recordings made by the Federal Bureau of Investigation as part of an investigation into alleged antitrust violations in the optical disk drive (ODD) industry, but prior to a grand jury investigation, are not exempt from discovery under Federal Rule of Criminal Procedure 6(e), a Ninth Circuit U.S. Court of Appeals Panel found Sept. 10, affirming a trial court's denial of a motion to quash brought by the subject of the recordings (In Re: Optical Disk Drive Antitrust Litigation, No. 14-15702, 9th Cir.; 2015 U.S. App. LEXIS 16081).

Mealey's Litigation Procedure - DOJ, Bar Association Argue In D.C. Circuit Over Discovery Manual

WASHINGTON, D.C. - In an Aug. 28 appellee brief, the U.S. Department of Justice told the District of Columbia Circuit U.S. Court of Appeals that a bar association's Freedom of Information Act (FOIA) request for a document pertaining to federal criminal discovery practices was properly dismissed by a district court under the work-product doctrine (National Association of Criminal Defense Lawyers v. U.S. Department of Justice Executive Office for United States Attorneys, et al., No. 15-5051, D.C. Cir.).

Mealey's Insurance - Panel: Insurer Owes No Defense Of Kidnapping, Racketeering Claims Against University

RICHMOND, Va. - The Fourth Circuit U.S. Court of Appeals found July 10 that an insurer has no duty to defend its university insured against underlying claims that it conspired to kidnap a minor because the underlying complaint fails to allege an "occurrence" and triggers the policy's intentional and criminal acts exclusions, reversing and remanding a lower court's ruling against the insurer (Liberty University, Inc. v. Citizens Insurance Company of America, et al., No. 14-2254, 4th Cir.; 2015 U.S. App. LEXIS 11888).