LexisNexis® Legal Newsroom
Mealey's Insurance - Judge Orders Insurers To Reimburse, Advance Legal Costs To Former FIFA Official

BROOKLYN, N.Y. - A New York federal judge on April 27 ordered directors and officers liability insurers to immediately reimburse and advance legal costs to a former official of the Federation Internationale de Football Association (FIFA) in connection with his indictment, extradition and defense in an underlying criminal action (Eduardo Li v. Certain Underwriters at Lloyd's, London, et al., No. 15-06099, E.D. N.Y.).

Mealey's Toxic Tort/Environmental - Michigan Attorney General Indicts 3 Officials In Flint Water Crisis

FLINT, Mich. - At a press conference on April 20, Michigan Attorney General Bill Schuette announced that his office has filed criminal charges against two state officials and one city employee in connection with the Flint lead-contaminated water crisis.

Mealey's Toxic Tort/Environmental - D.C. Circuit Panel Says Tobacco Seller's Injunction Case Is Moot

WASHINGTON D.C. - A panel of the District of Columbia U.S. Circuit Court of Appeals on April 5 found that a case brought by a man seeking a permanent injunction from criminal or civil penalties under a federal anti-trafficking law for the third time is moot because the U.S. Justice Department has said it will not charge him for his past conduct (Robert Gordon v. Loretta E. Lynch, In Her Official Capacity as Attorney General of The United States, et al. No 15-5113. D.C. Cir. ;2016 U.S. App. LEXIS 6175).

Mealey's Insurance - Judge: Insurer In Better Shoes To Bear Risk Of Co-Insured's Potential Default

SCRANTON, Pa. - A Pennsylvania federal judge on March 30 held that whether one insured reimburses all or none of the $50,000 it was ordered to pay its insurer for the advancement of defense costs in an underlying criminal proceeding, the insurer has a duty to pay a second insured up to the $100,000 limit of liability pursuant to a public officials liability and employment practices liability insurance policy (Darwin National Assurance Co. v. Luzerne County Transportation Authority, et al., No. 14-2417, M.D. Pa.; 2016 U.S. Dist. LEXIS 41733).

Mealey's Securities/D&O Liability - Judge Grants Stay In SEC's Securities Fraud Lawsuit Against Shkreli

NEW YORK - A federal judge in New York on March 22 granted the U.S. government's motion to intervene and stay proceedings in the Securities and Exchange Commission's securities fraud lawsuit against alleged Ponzi scheme operator Martin Shkreli and former Retrophin Inc. outside counsel Evan Greebel, ruling that a complete stay is appropriate pending resolution of the government's criminal proceedings against the defendants (Securities and Exchange Commission v. Martin Shkreli, et al., No. 15-7175, E.D. N.Y.; 2016 U.S. Dist. LEXIS 36734).

Mealey's Litigation Procedure - Cosby's Attorney Moves To Quash Subpoena In Defamation Suit Against D.A.

PHILADELPHIA - An attorney representing Bill Cosby in a criminal lawsuit over an alleged sexual assault moved in Pennsylvania federal court March 17, seeking to quash a subpoena filed on him in a separate defamation suit brought by the assault suit claimant against a former Montgomery County, Pa., District Attorney (D.A.) who has made public statements regarding her credibility (Andrea Constand v. Bruce Castor, No. 2:15-cv-05799, E.D. Pa.).

Mealey's Litigation Procedure - DOJ Argues That Apple's Assistance In IPhone Search Is Authorized, Necessary

BROOKLYN, N.Y. - One week after a federal magistrate judge denied its motion to compel Apple Inc. to assist in obtaining access to an iPhone seized during a criminal investigation, the U.S. government on March 7 appealed that ruling in New York federal court, calling its request a "routine application" that has been made of Apple "dozens of times before" and with which the technology firm has always complied (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 Insurance - Olympus Pays $646M In Criminal, Civil Penalties For Kickbacks, False Claims

NEWARK, N.J. - Olympus Corp. of the Americas and a Latin America subsidiary will pay $646 million in criminal and civil penalties for paying kickbacks to health care providers to buy its endoscopes and causing false claims to be paid by federal health care programs, according to documents filed March 1 in the U.S. District Court for the District of New Jersey (United States of America v. Olympus Corporation of the Americas, No. 16-3524, and United States ex rel. Slowik, et al. v. Olympus America. Inc., et al., No. 10-5994, D. N.J.).

Mealey's Health Law - Olympus Pays $646M In Criminal, Civil Penalties For Kickbacks, False Claims

NEWARK, N.J. - Olympus Corp. of the Americas and a Latin America subsidiary will pay $646 million in criminal and civil penalties for paying kickbacks to health care providers to buy its endoscopes and causing false claims to be paid by federal health care programs, according to documents filed March 1 in the U.S. District Court for the District of New Jersey (United States of America v. Olympus Corporation of the Americas, No. 16-3524, and United States ex rel. Slowik, et al. v. Olympus America. Inc., et al., No. 10-5994, D. N.J.).

Mealey's PI/Product Liability - Olympus Pays $646M In Criminal, Civil Penalties For Kickbacks, False Claims

NEWARK, N.J. - Olympus Corp. of the Americas and a Latin America subsidiary will pay $646 million in criminal and civil penalties for paying kickbacks to health care providers to buy its endoscopes and causing false claims to be paid by federal health care programs, according to documents filed March 1 in the U.S. District Court for the District of New Jersey (United States of America v. Olympus Corporation of the Americas, No. 16-3524, and United States ex rel. Slowik, et al. v. Olympus America. Inc., et al., No. 10-5994, D. N.J.).

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.).