LexisNexis® Legal Newsroom
Mealey's Toxic Tort/Environmental - Oil And Mining Provider Cape Warns That January Trial Could Threaten Trust

WEST DRAYTON, England - Oil and mining industrial services company Cape PLC announced Nov. 18 that a changing legal landscape means potential damages from an upcoming January trial over liabilities for a former asbestos factory could exceed expectations, potentially endangering a payment scheme designed to compensate injured workers and their family members.

Mealey's IP/Tech - Politicians Denied Motion To File Amicus Brief In Family Movie Act Suit

LOS ANGELES - Two former U.S. Congressmen saw their bid to participate in a lawsuit pertaining to the Family Movie Act of 2005 (FMA) as amici curiae denied by a California federal judge Nov. 10, with the judge finding their motion to be untimely because it was filed more than 30 days after the parties' principal briefs relating to a pending motion to preliminarily enjoin an online video-on-demand (VOD) service from purportedly infringing copyrighted works (Disney Enterprises Inc., et al. v. VidAngel Inc., No. 2:16-cv-04109, C.D. Calif.).

Mealey's Insurance - Panel: Plaintiffs Failed To Move To Delay Ruling On Motion On Bad Faith Claim

PORTLAND, Ore. - A federal judge did not err in granting summary judgment in favor of an insurer on an insurance bad faith claim because insureds failed to oppose summary judgment on the basis that they needed more evidence or file a Federal Rule of Civil Procedure 56(d) motion seeking more time to collect the necessary evidence, a Ninth Circuit U.S. Court of Appeals panel ruled Nov. 1 (Sonia Braun-Salinas, et al. v. American Family Insurance Group, No. 14-35369, 9th Cir.).

Mealey's Toxic Tort/Environmental - Judge Remands Case, Finds No Evidence Of Bad Faith Joinder

ST. LOUIS - There is no evidence that a family member of a man allegedly killed by asbestos named, and kept, a defendant in related litigation in a bad faith effort to defeat jurisdiction, a federal judge in Missouri held Oct. 27 in finding that the one-year limit of removals required remand (Nola H. Bristol v. Ford Motor Co, et al., No. 16-1649, E.D. Mo.; 2016 U.S. Dist. LEXIS 148867).

Mealey's Insurance - Federal Judge Approves $265 Million Settlement For Philadelphia Derailment

PHILADELPHIA - The Pennsylvania federal judge overseeing the Philadelphia Amtrak train derailment multidistrict litigation on Oct. 27 approved a $265 million settlement between Amtrak and those injured and the families of those who died in the May 12, 2015, derailment (In re Amtrak Train Derailment in Philadelphia, PA, on May 12, 2015, No. 2654, E.D. Pa.).

Mealey's PI/Product Liability - Federal Judge Approves $265 Million Settlement For Philadelphia Derailment

PHILADELPHIA - The Pennsylvania federal judge overseeing the Philadelphia Amtrak train derailment multidistrict litigation on Oct. 27 approved a $265 million settlement between Amtrak and those injured and the families of those who died in the May 12, 2015, derailment (In re Amtrak Train Derailment in Philadelphia, PA, on May 12, 2015, No. 2654, E.D. Pa.).

Mealey's Insurance - Insureds' Bad Faith Claim Is Not Time-Barred, Iowa Appeals Panel Concludes

DES MOINES, Iowa - A one-year contractual limitations period does not bar insureds' bad faith claim against their insurer, the Iowa Court of Appeals ruled Sept. 28, because the insureds were entitled to file a separate action after an arbitration hearing and had no knowledge that the denial of their claim was premised upon an alleged "secret" policy until the arbitration hearing (Thomas Schlapkohl and Lana Schlapkohl v. American Family Mutual Insurance Co., No. 15-1612, Iowa App.; 2016 Iowa App. LEXIS 1007).

Mealey's Insurance - Oregon High Court Affirms Judgment Against Insurer In Water Damage Dispute

PORTLAND, Ore. - Coverage was triggered under a commercial general liability insurance policy for a negligence award against a siding contractor for water damage to a housing complex, the Oregon Supreme Court ruled Sept. 22, upholding a garnish judgment against the insurer in the amount of $433,958.16 (FountainCourt Homeowners' Association v. American Family Mutual Insurance Co., No. 61, Ore. Sup.; 2016 Ore. LEXIS 613).

Mealey's IP/Tech - Temporary Restraining Order, Dismissal Denied In Texas Copyright Case

DALLAS - Efforts by a copyright infringement and false advertising plaintiff to obtain a temporary restraining order barring the construction of a single-family home were unsuccessful Sept. 16, when a Texas federal judge denied the request (The Joseph Paul Corporation d/b/a The Joseph Paul Homes v. Trademark Custom Homes, Inc., et al., No. 16-1651, N.D. Texas; 2016 U.S. Dist. LEXIS 126206).

Mealey's IP/Tech - Pa. Federal Judge Partly Allows Dilution Claims Over Buck Rogers To Proceed

PHILADELPHIA - A dispute over the Buck Rogers character will proceed with allegations of federal trademark dilution intact, but without a related state law claim, in light of a "divergence between the Lanham Act and Pennsylvania trademark law," according to a Sept. 16 ruling by a Pennsylvania federal judge (The Dille Family Trust v. The Nowlan Family Trust, No. 15-6231, E.D. Pa.; 2016 U.S. Dist. LEXIS 126191).

Mealey's Insurance - Subrogated Insurers' Equal Protection Clause Claim Fails, 8th Circuit Affirms

ST. LOUIS - Subrogated insurers who paid out water damage claims to insured tenants did not suffer the same damages as uninsured tenants of the same building, the Eighth Circuit U.S. Court of Appeals affirmed Sept. 6, affirming summary judgment for the City of Minneapolis on the insurers' equal protection clause claim (American Family Insurance Co. and Liberty Mutual Insurance Co. v. City of Minneapolis, No. 15-3216, 8th Cir.; 2016 U.S. App. LEXIS 16336).

Mealey's Toxic Tort/Environmental - Florida Appellate Court Reinstates $5 Million In Punitives In Tobacco Suit

WEST PALM BEACH, Fla. - Following the Florida Supreme Court decision in Hess v. Philip Morris USA, Inc. (175 So. 3d 687, 698 [Fla. 2015]) that held that defendants in Engle progeny suits may not rely on the Florida statute of repose as a defense, a Florida appellate panel on Aug. 31 reinstated $5 million in punitive damages to the family of a woman who died from lung cancer caused by smoking cigarettes (Philip Morris USA Inc., et al. v. Sharon Putney, Nos. 4D10-3606, 4D10-5244, Fla. App., 4th Dist.; 2016 Fla. App. LEXIS 13217).

Mealey's IP/Tech - Victims' Families File Amended Complaint In Terrorism Aiding Suit Against Twitter

OAKLAND, Calif. - Two weeks after a California federal judge dismissed their suit against Twitter Inc. under the Anti-Terrorism Act (ATA), the family members of two terror attack victims on Aug. 30 filed an amended complaint focusing on Twitter's purported "provision of material support" to ISIS and its supporters via its social network services (Tamara Fields, et al. v. Twitter Inc., No. 4:16-cv-00213, N.D. Calif.).

Mealey's Insurance - Judge Trims Third-Party Claims In Insurance Bad Faith Lawsuit

RENO, Nev. - A federal judge in Nevada on Aug. 22 substantially denied an insurer's motion to dismiss third-party claims in an insurance bad faith lawsuit but held that dismissal of the third parties' statutory bad faith claim is proper because such claims may not be brought by third parties under Nevada law (Troy and Paula Burley and Paul Ackerman and Judy Ackerman, as trustees of the Ackerman Family Trust, et al. v. National Union Fire Insurance Company of Pittsburgh, Pa., No.15-0272, D. Nev.; 2016 U.S. Dist. LEXIS 111477).

Mealey's IP/Tech - Terrorism Aiding Suit Against Twitter Dismissed Under Communications Decency Act

OAKLAND, Calif. - Finding that the family members of two terror attack victims who alleged that Twitter Inc. aided terrorists in violation of the Anti-Terrorism Act (ATA) sought to treat Twitter as the speaker of messages posted by ISIS, a California federal judge on Aug. 10 dismissed their claims as barred by the Communications Decency Act (CDA) (Tamara Fields v. Twitter Inc., No. 4:16-cv-00213, N.D. Calif.; 2016 U.S. Dist. LEXIS 105768).

Mealey's Litigation Procedure - Group Says Halliburton's 'Reckless Disregard' Led To Tainted Groundwater

OKLAHOMA CITY - A group of Oklahoma residents who are already members of a putative class action against Halliburton Energy Services Inc. (HESI) alleging groundwater contamination on Aug. 9 filed a separate complaint against the company seeking compensation for "complete reckless disregard" that led to the presence of perchlorate in the aquifer that supplies their drinking water (Albin Family Revocable Living Trust, et al. v. Halliburton Energy Services Inc., No. 16-910, W.D. Okla.).

Mealey's Toxic Tort/Environmental - Group Says Halliburton's 'Reckless Disregard' Led To Tainted Groundwater

OKLAHOMA CITY - A group of Oklahoma residents who are already members of a putative class action against Halliburton Energy Services Inc. (HESI) alleging groundwater contamination on Aug. 9 filed a separate complaint against the company seeking compensation for "complete reckless disregard" that led to the presence of perchlorate in the aquifer that supplies their drinking water (Albin Family Revocable Living Trust, et al. v. Halliburton Energy Services Inc., No. 16-910, W.D. Okla.).

Mealey's PI/Product Liability - NCAA, Frostburg College Agree To Pay $1.2 Million To Concussion Foundation

ROCKVILLE, Md. - The National Collegiate Athletic Association (NCAA) and Frostburg State University on Aug. 8 agreed to pay $1.2 million to a concussion foundation created by the family of a Frostburg State University football player who died during football practice from a traumatic brain injury, according to media reports and a statement by the NCAA (Kristen Sheely, et al. v. National Collegiate Athletic Association, et al., No. 380569V, Md. Cir., Montgomery Co.).

Mealey's Labor & Employment - 8th Circuit: Leave During Overtime Hours Must Be Deducted From Entitlement

ST. LOUIS - In a case where a worker's overtime hours were mandatory, hours missed for Family and Medical Leave Act (FMLA)-qualifying reasons must be deducted from the worker's FMLA leave entitlement; however, those overtime hours should be included when calculating the worker's total FMLA-leave allotment, an Eighth Circuit U.S. Court of Appeals panel ruled Aug. 4 (Lucas Hernandez v. Bridgestone Americas Tire Operations LLC, Nos. 15-2042 and 15-2428, 8th Cir.; 2016 U.S. App. LEXIS 14348).

Mealey's Insurance - Insured Not Entitled To Consequential Damages In Bad Faith Suit, Judge Rules

LAS VEGAS - A federal judge in Nevada on July 14 granted an insurer's motion to amend judgment in an insurance bad faith and breach of contract suit, ruling that an insured failed to show that he was entitled to consequential damages (Andrew Cordova v. American Family Mutual Insurance Co., No. 13-1111, D. Nev.; 2015 U.S. Dist. LEXIS 143728).

Mealey's IP/Tech - Terror Victims' Families Seek $1 Billion For Facebook's Support Of Hamas Attacks

NEW YORK - In a complaint filed July 10 in the U.S. District Court for the Southern District of New York, a group of family members of terror attack victims allege that Facebook Inc. "knowingly provided material support and resources to" Palestinian terrorist organization Hamas through its social network and communications platforms in violation of the Antiterrorism Act (ATA) (Stuart Force, et al. v. Facebook Inc., No. 1:16-cv-05490, S.D. N.Y.).

Mealey's IP/Tech - 2nd Circuit Panel Affirms Cancellation Of Pizza Trademark

NEW YORK - A Second Circuit U.S. Court of Appeals panel on June 27 affirmed the cancellation of a federal trademark for pizza restaurants on the grounds that a family member fraudulently obtained federal registration for the mark long used by his family's chain of pizzerias (MPC Franchise LLC, et al. v. Brent Tarntino, No. 15-717-cv, 2nd Cir.; 2016 U.S. App. LEXIS 11698).

Mealey's PI/Product Liability - Texas Federal Judge Partially Grants, Denies Dismissal In Car Rollover Suit

SAN DIEGO - A federal judge in Texas on June 22 partially granted and partially denied two separate motions to dismiss from General Motors LLC and U-Haul International Inc. in a suit in which the surviving family members of a woman and her younger brother alleged that design defects in a car and a trailer caused their car to roll over, which led to their deaths (Maria Barragan, et al v. General Motors LLC, et al., No. SA-15-CV-854-DAE, W.D. Texas; 2016 U.S. Dist. LEXIS 80984).

Mealey's PI/Product Liability - Family Of Construction Worker Sues Amtrak For Fatal Crash

PHILADELPHIA - The daughter of a construction worker who was killed by an Amtrak train when it crashed into a backhoe filed suit June 2 in a Pennsylvania court against Amtrak, claiming that the train company's negligence caused his death (Montia Carter v. National Railroad Passenger Corporation a/k/a Amtrak, No. 1690503923, Pa. Cmmn. Pleas, Phila. Co.).

Mealey's PI/Product Liability - 10th Circuit Panel Reverses Summary Judgment Ruling In State-Created Danger Suit

DENVER - The 10th Circuit U.S. Court of Appeals on May 31 said a federal district court erred by denying a 911 operator's motion for summary judgment in a suit brought by the family of a man who was shot and killed after being told by the operator to return to an area where he was attacked (Estate of Jimma Pal Reat, et al. v. Juan Jesus Rodriguez, No. 15-1001, 10th Cir.; 2016 U.S. App. LEXIS 9788).