LexisNexis® Legal Newsroom
    Mealey's PI/Product Liability - Asbestos Attorney Fights Expert Testimony-Based Sanctions Ruling

    SAN FRANCISCO - A judge conducted only a perfunctory and conclusory investigation before finding that counsel violated court orders in an effort to elicit expert testimony regarding chemotherapy's impact on kidney disease, yet the jury already knew about the connection and no ruling excluded the testimony, a sanctioned attorney told the Ninth Circuit U.S. Court of Appeals Nov. 23 (Barry Kelly and Molly Kelly v. CBS Corp., et al., No. 11-3240, N.D. Calif.).

    Mealey's Litigation Procedure - ICSID Issues 1st Order In Treaty Dispute Over Mining Project Filed Against Romania

    WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Nov. 29 issued its first procedural order in an arbitration brought by a Canadian resource company against Romania over a gold and silver project, establishing the procedural rules of the case (Gabriel Resources Ltd. and Gabriel Resources (Jersey) v. Romania, No. ARB/15/31, ICSID).

    Mealey's Toxic Tort/Environmental - Federal Judge Partially Grants, Denies Summary Judgment In Tobacco Contract Suit

    RENO, Nev. - A federal judge in Nevada on Nov. 28 partially granted and partially denied a motion for summary judgment by a hotel, finding that a cigar wholesaler breached a contract it had with a hotel in Las Vegas (Wynn Las Vegas LLC v. Cigar Row LLC, No. 2:15-CV-01079, D. Nev.; 2016 U.S. Dist. LEXIS 163570).

    Mealey's Litigation Procedure - Illinois Federal Judge Trims Claims In Protein Supplement Labeling Suit

    CHICAGO - An Illinois federal judge on Nov. 28 partially granted a motion to dismiss filed by a nutritional supplement manufacturer in a class complaint in which the company is accused of falsely labeling its whey protein supplements (Ryan Porter, et al. v. NBTY, Inc., et al., No. 15-11459, N.D. Ill.; 2016 U.S. Dist. LEXIS 163352).

    Mealey's Litigation Procedure - Illinois Federal Judge Partially Bars Expert's Opinions In Patent Infringement Lawsuit

    CHICAGO - In a patent infringement lawsuit, an Illinois federal judge on Nov. 28 partially granted in part and denied in part a patent owner's motion to exclude an expert's opinions on whether accused products infringed its patents related to agricultural equipment (Not Dead Yet Manufacturing Inc. d/b/a NDY MFG Inc. v. Pride Solutions LLC and May Wes Manufacturing, No. 13-3418, N.D. Ill.; 2016 U.S. Dist. LEXIS 163756).

    Mealey's Litigation Procedure - Suit Over 'Natural' Products To Be Remanded After Class Scope Is Clarified

    SAN FRANCISCO - A California federal judge on Nov. 28 agreed to send a class complaint alleging false promotion of cleaning and personal care products as "natural" back to state court after the lead plaintiff amends his complaint to clarify that the scope of the class is limited to California residents (Carlo Labrado v. Method Products, PBC, No. 16-5905, N.D. Calif.; 2016 U.S. Dist. LEXIS 163718).

    Mealey's Banking & Finance - Federal Judge Finds Estate Lacks Standing To Challenge Foreclosure Sale

    DETROIT - A Michigan federal judge on Nov. 28 granted a motion filed by lenders to dismiss claims asserted by an estate against them in relation to the foreclosure of a property, finding that the estate lacked standing to bring the claims and that it failed to assert that there was a defect in the foreclosure process (Estate of Doreen Bessette v. Wilmington Trust N.A., Successor Trustee to Citibank N.A. as Trustee for Structured Asset Mortgage Investments II Trust 2007-AR1 Mortgage Pass-Through-Certificates Series 2007-AR1, et al., No. 16-cv-11936, E.D. Mich.; 2016 U.S. Dist. LEXIS 163372).

    Mealey's Banking & Finance - Judge Allows Part Of RESPA Claim Against Loan Servicer To Proceed

    SACRAMENTO, Calif. - A California federal magistrate judge on Nov. 29 partially granted a loan servicer's motion to dismiss claims for fraudulent misrepresentation but allowed part of a borrower's claim for violation of the Real Estate Settlement Procedures Act (RESPA) to proceed (Frank Malifrando v. Real Time Resolutions Inc., et al., No. 2:16-cv-0223, E.D. Calif.; 2016 U.S. Dist. LEXIS 164497).

    Mealey's Litigation Procedure - Injured Pipeline Protesters Sue County, City Police Over Clash At Bridge

    BISMARCK, N.D. - County and city police officers who "unleashed a violent, unjustified, and unprovoked physical attack" on Dakota Access Pipeline (DAP) protestors should be stopped from using excessively violent means of crowd control and should pay for injuries they inflicted on the protesters, a group of protesters, including several Native Americans, assert in a Nov. 28 class complaint and motion for a temporary restraining order (TRO) filed in North Dakota federal court (Vanessa Dundon, et al. v. Kyle Kirchmeier, et al., No. 16-406, D. N.D.).

    Mealey's PI/Product Liability - Washington Appellate Panel Affirms Summary Judgment In Dog Bite Suit

    SEATTLE - A Washington appellate panel on Nov. 28 affirmed a trial court's grant of summary judgment in favor of a couple whose dog bit a woman during a house tour because the owners of the dog did not owe the woman a duty of protection (Shelly Carr v. Jose Riveros, et al., No. 73927-1-I, Wash. App., Div. 1; 2016 Wash. App. LEXIS 2889).

    Mealey's Litigation Procedure - Lawyer In File-Sharing Case Again Sanctioned For Discovery Violations

    EAST ST. LOUIS, Ill. - After an appeals panel partly dismissed sanctions against an attorney as not properly reflecting the harm incurred by a copyright defendant due to the attorney's discovery misconduct and misrepresentations, an Illinois federal judge on Nov. 23 deemed the attorney's actions to be civil contempt and sanctioned him in amount equivalent to the defendant's remaining costs related to the misconduct (Lightspeed Media Corp. v. Anthony Smith, et al., No. 3:12-cv-00889, S.D. Ill.; 2016 U.S. Dist. LEXIS 162981).

    Mealey's Insurance - Property Owner Unable To Show Insurer's Suit Is Untimely, Judge Rules

    BALTIMORE - A federal judge in Maryland on Nov. 23 overruled a property owner's argument that an insurance company's lawsuit seeking rescission of a general liability policy due to alleged misrepresentations about lead paint violations on the policy application is untimely, ruling that the owner was unable to provide sufficient evidence to support the argument (CX Reinsurance Company Ltd. v. Leader Realty Company, et al., No. JKB-15-3054, D. Md.; 2016 U.S. Dist. LEXIS 162349).

    Mealey's Toxic Tort/Environmental - Asbestos Attorney Fights Expert Testimony-Based Sanctions Ruling

    SAN FRANCISCO - A judge conducted only a perfunctory and conclusory investigation before finding that counsel violated court orders in an effort to elicit expert testimony regarding chemotherapy's impact on kidney disease, yet the jury already knew about the connection and no ruling excluded the testimony, a sanctioned attorney told the Ninth Circuit U.S. Court of Appeals on Nov. 23 (Barry Kelly and Molly Kelly v. CBS Corp., et al., No. 11-3240, 9th Cir.).

    Mealey's Insurance - Panel Denies Rehearing, Says Refinery Owner Not Covered Under Policy

    NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Nov. 29 denied a petition for rehearing after determining that a refinery owner seeking help with environmental cleanup costs under its parent company's insurance policy should have and could have discovered that it was not named as an insured under the policy simply by looking at the insurance policy sometime within the six years of the policy's issuance (AIG Specialty Insurance Company, f/k/a Chartis Specialty Insurance Company v. Tesoro Corporation, No. 15-50953, 5th Cir.).

    Mealey's PI/Product Liability - Judge Refuses To Remand Construction Defects Suit, Trims Claims

    LAS VEGAS - A proposed class of Nevada homeowners who are suing the builder and developer of allegedly defective homes must pursue their claims in federal court and cannot seek damages for strict liability and breach of implied warranty under Nevada Revised Statute (NRS) Chapter 116.4114, a federal judge ruled Nov. 27 (Brittany Lopez, et al. v. U.S. Homes Corporation, et al., No. 16-cv-01754-GMN-CWH, D. Nev.; 2016 U.S. Dist. LEXIS 163571).

    Mealey's Toxic Tort/Environmental - State Employees: Flint Water Crisis Venue Decision Needed Before Dismissal Ruling

    DETROIT - Employees of the Michigan Department of Environmental Quality (MDEQ) on Nov. 28 filed a brief asking a Michigan federal court to rule on their motion to change venue before it rules on pending motions to dismiss a lawsuit brought by residents of Flint, Mich., who allege that the employees are liable for the city's lead-contaminated water crisis (Frances Gilcreast, et al. v. Lockwood, Andrews & Newnam, No. 16-11173, E.D. Mich.).

    Mealey's PI/Product Liability - 11th Circuit: Hip Plaintiff Missed Deadline By Withholding Service

    ATLANTA - The 11th Circuit U.S. Court of Appeals on Nov. 28 agreed with a lower court that in filing a DePuy hip lawsuit but withholding service in hopes of a settlement, a plaintiff's claim was actually not initiated until after the applicable two-year statute of limitations (Maeola Goldthrip, et al. v. DePuy Orthopaedics, Inc., et al., No. 16-14002, 11th Cir.; 2016 U.S. App. LEXIS 21192).

    Mealey's Litigation Procedure - Reinsurer Says It May Need To Depose 20 Current And Former Insurance Employees

    SYRACUSE, N.Y. - A reinsurer asked a federal court in New York on Nov. 28 to intervene in a number of discovery disputes with an insurer, notably asking that the court allow it to depose up to 20 current and former employees and agents of the insurer (Utica Mutual Insurance Company v. R&Q Reinsurance Company, No. 15-cv-00270, N.D. N.Y.).

    Mealey's Antitrust/Unfair Competition - Plaintiffs In Pinnacle Hip Bellwether Trial Will Seek State Consumer Law Penalties

    DALLAS - Six plaintiffs in an ongoing DePuy Pinnacle hip multidistrict litigation bellwether trial on Nov. 28 told a Texas federal court that after the verdict, they intend to ask the court to determine that defendant DePuy Orthopaedics Inc. violated California's unfair competition law (UCL) and to order equitable relief (In Re: DePuy Orthopaedics, Inc. Pinnacle Hip Implant Products Liability Litigation, MDL Docket No. 2244, No. 13-3631, Rosa Metzler, et al. v. DePuy Orthopaedics, Inc., et al., No. 12-2066, Michael Weiser v. DePuy Orthopaedics, Inc., et al., No. 13-3631, Judith Rodriguez v. DePuy Orthopaedics, Inc., et al., No. 13-3938, Linda Standerfer v. DePuy Orthopaedics, Inc., et al., No. 14-1730, Kathleen Davis, et al. v. DePuy Orthopaedics, Inc., et al., No. 15-1767, Marvin Andrews, et al. v. DePuy Orthopaedics, Inc., et al., No. 15-3484, N.D. Texas, Dallas Div.).

    Mealey's Litigation Procedure - Policyholder Is Entitled To Documents Sought In Contamination Dispute

    BROOKLYN, N.Y. - A New York federal magistrate judge on Nov. 23 granted an insured's motion to compel the production of documents in an environmental contamination coverage dispute after determining that the insured has shown a need for the requested documents and that the request was not overly burdensome (Certain Underwriters at Lloyd's, et al., v. National Railroad Passenger Corp., et al., No. 16-2778, E.D. N.Y.; 2016 U.S. Dist. LEXIS 162783).

    Mealey's Litigation Procedure - ICSID Releases Order On Hearings In Costa Rican Development Arbitration

    WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Nov. 28 released a fifth procedural order in relation to the organization of upcoming hearings in an arbitration commenced by investors in a residential development project against the Republic of Costa Rica (David R. Aven, et al. v. The Republic of Costa Rica, No. UNCT/15/3, ICSID).

    Mealey's Litigation Procedure - Class Complaint Alleges Phone Maker, Software Firm Shared Personal Information

    MIAMI - In a putative class complaint filed Nov. 22 in Florida federal court, a smartphone owner alleges that his phone's manufacturer and a firmware provider violated privacy and warranty laws by intercepting and transmitting his personal information without authorization to a Chinese server (Aaron Bonds v. Blu Products Inc., et al., No. 1:16-cv-24892, S.D. Fla.).

    Mealey's IP/Tech - Patent Board Denies Microsoft Effort To Review Chat Room Patent

    ALEXANDRIA, Va. - Allegations by Microsoft Corp. that a patent claiming a complex chat room communications system would have been obvious to one of ordinary skill in the art were rejected Nov. 29 by the Patent Trial and Appeal Board (Microsoft Corp. v. Windy City Innovations LLC, No. IPR2016-01146, PTAB).

    Mealey's Antitrust/Unfair Competition - Judge Enters Default Ruling On Claims For Illegal Broadcast

    SAN JOSE, Calif. - After the owners of a restaurant where a televised event was allegedly illegally broadcast failed to respond to claims for violation of California's unfair competition law (UCL) and other claims, a California federal judge on Nov. 28 entered a default ruling in favor of a production company (J&J Sports Productions Inc. v. Manuel Gonzalez, et al., No. 5:16-cv-02284, N.D. Calif.; 2016 U.S. Dist. LEXIS 163717).

    Mealey's Insurance - Reinsurer Says It May Need To Depose 20 Current And Former Insurance Employees

    SYRACUSE, N.Y. - A reinsurer asked a federal court in New York on Nov. 28 to intervene in a number of discovery disputes with an insurer, notably asking that the court allow it to depose up to 20 current and former employees and agents of the insurer (Utica Mutual Insurance Company v. R&Q Reinsurance Company, No. 15-cv-00270, N.D. N.Y.).