LexisNexis® Legal Newsroom
    Mealey's Litigation Procedure - California Judge Dismisses UCL, False Advertising Claims Over Phone App

    FRESNO, Calif. - A federal judge in California on July 24 dismissed with leave to amend claims under the state's False Advertising Law (FAL) and unfair competition law (UCL) as they related to an omission by the defendant that additional fees may be imposed after the purchase of an application used to control all the user's computers from one iPad or iPhone (Darren Handy v. Logmein Inc., No. 14-1355, E.D. Calif.; 2015 U.S. Dist. LEXIS 97021).

    Mealey's Insurance - Federal Judge Dismisses Superstorm Sandy Coverage Suit For Lack Of Jurisdiction

    CAMDEN, N.J. - A New Jersey federal judge on July 27 dismissed an ambulance owner insured's lawsuit arising from Superstorm Sandy damage without prejudice, finding that the court never possessed federal jurisdiction to hear the case because there was no basis for alleging that the insurer violated the National Flood Insurance Act (Sea Bright First Aid Squad Inc. v. Arch Insurance Co., No. 14-1447, D. N.J.; 2015 U.S. Dist. LEXIS 97410).

    Mealey's Banking & Finance - Federal Judge Remands Borrowers' California Law Claims To State Court

    LOS ANGELES - After finding no diversity jurisdiction, a California federal judge on July 27 granted a motion to remand a lawsuit filed against numerous banks in relation to their handling of a loan modification request to a state court (Guadalupe M. Roman, et al. v. Bank of America, N.A., et al., No. 15-4344, C.D. Calif.; 2015 U.S. Dist. LEXIS 97759).

    Mealey's Banking & Finance - Federal Judge Dismisses UCL Claim Related To Bank's Denial Of Loan Modification

    OAKLAND, Calif. - After finding that a property owner failed to allege facts to show that she had standing to bring a claim for violation of California's unfair competition law (UCL) or that a bank had a legal duty to her, a California federal judge on July 27 dismissed her claims with leave to amend (Rosemary Greene v. Wells Fargo Bank, N.A., No. 15-00048, N.D. Calif.; 2015 U.S. Dist. LEXIS 98454).

    Mealey's IP/Tech - Nevada Federal Judge Won't Transfer Patent Case To Ohio Court

    LAS VEGAS - Efforts by a Nevada patent infringement defendant to obtain dismissal or, in the alternative, transfer of the case to the U.S. District Court for the Northern District of Ohio were unsuccessful on July 28 (Computerized Screening Inc. v. Healthspot Inc., No. 14-573, D. Nev.; 2015 U.S. Dist. LEXIS 98331).

    Mealey's Insurance - Breach Of Contract Suit Over Hurricane Ike Claim Was Timely Filed, Magistrate Says

    GALVESTON, Texas - A federal flood insurer's denial of an insured's supplemental Hurricane Ike claim following its review of an adjuster's estimate and requests did not trigger the one-year limitations period, a Texas federal magistrate judge ruled July 28, finding that the insured's breach of contract lawsuit was timely filed (Savina Rocha Fernandez v. Fidelity National Property and Casualty Insurance Co., No. 10-460, S.D. Texas; 2015 U.S. Dist. LEXIS 98030).

    Mealey's IP/Tech - Pennsylvania Federal Judge Denies Relief In False Advertising Case

    PHILADELPHIA - A false advertising dispute between two processed meat product makers will proceed in Pennsylvania federal court, but without injunctive relief in place, a federal judge ruled July 28 (Parks LLC v. Tyson Foods Inc. et al., No. 15-946, E.D. Pa.; 2015 U.S. Dist. LEXIS 98008).

    Mealey's Toxic Tort/Environmental - Judge Awards Summary Judgment To EPA Administrator Sua Sponte

    TAMPA, Fla. - A federal judge in Florida on July 28 awarded summary judgment sua sponte to the administrator of the U.S. Environmental Protection Agency after finding that a woman and the Florida Wildlife Federation were unable to explain why the agency's delay in making a necessity determination or providing an adequate explanation for denying their petition seeking revisions to the Florida Department of Environmental Protection's (FDEP) anti-degradation water quality standards was unreasonable (Florida Wildlife Federation v. Gina McCarthy, Administrator of the U.S. Environmental Protection Agency, et al., No. 14-cv-3204, M.D. Fla.; 2015 U.S. Dist. LEXIS 98384).

    Mealey's Antitrust/Unfair Competition - California Judge Dismisses UCL, False Advertising Claims Over Phone App

    FRESNO, Calif. - A federal judge in California on July 24 dismissed with leave to amend claims under the state's False Advertising Law (FAL) and unfair competition law (UCL) as they related to an omission by the defendant that additional fees may be imposed after the purchase of an application used to control all the user's computers from one iPad or iPhone (Darren Handy v. Logmein Inc., No. 14-1355, E.D. Calif.; 2015 U.S. Dist. LEXIS 97021).

    Mealey's Antitrust/Unfair Competition - Federal Judge Allows Claims Based On Safe Harbor To Continue In Labeling Dispute

    SAN DIEGO - In ruling on a motion to dismiss in a class action lawsuit accusing the manufacturer of Maker's Mark whiskey of deceptive advertising and business practices, a federal judge in California on July 27 dismissed state unfair competition law (UCL) and False Advertising Law (FAL) claims based on failure to plausibly allege likelihood of deception but allowed UCL and FAL claims based on the safe harbor doctrine to continue (Safora Nowrouzi, et al. v. Maker's Mark Distillery Inc., No. 14-2885, S.D. Calif.; 2015 U.S. Dist. LEXIS 97752).

    Mealey's Labor & Employment - Split D.C. Circuit: No Tolling For Worker Who Didn't Give EEOC His New Address

    WASHINGTON, D.C. - A complainant who failed to update his mailing address with the Equal Employment Opportunity Commission and, as a result, did not receive his right-to-sue notice when it was first sent is not entitled to equitable tolling, a split District of Columbia Circuit U.S. Court of Appeals panel ruled July 24 (Matthew Maggio v. Wisconsin Avenue Psychiatric Center, Inc., No. 13-7181, D.C. Cir.; 2015 U.S. App. LEXIS 12787).

    Mealey's Labor & Employment - D.C. Circuit Partially Affirms Labor Board's Ruling In Union Dispute

    WASHINGTON, D.C. - The District of Columbia Circuit U.S. Court of Appeals on July 24 affirmed in part and reversed in part the National Labor Relations Board's decision in a meat-processing plant's union organizing dispute (Bruce Packaging Company, Inc. v. National Labor Relations Board, No. 12-1054, D.C. Cir.; 2015 U.S. App. LEXIS 12784).

    Mealey's IP/Tech - Federal Circuit: No Error In Dismissal Of Patent Case On Jurisdiction Grounds

    WASHINGTON, D.C. - A California federal judge did not err in finding that a cease-and-desist letter that demands an end to purported patent infringement is insufficient to confer general personal jurisdiction over the sender, the Federal Circuit U.S. Court of Appeals ruled July 28 (Petzilla Inc. v. Anser Innovation LLC, No. 15-1104, Fed. Cir.).

    Mealey's Securities/D&O Liability - Class Certified In Halliburton Securities Class Action Lawsuit

    DALLAS - A federal judge in Texas on July 25 granted in part an investor's motion for class certification in a securities class action lawsuit, ruling that the investor has properly pleaded a corrective disclosure that led to a price impact on the part of Halliburton Co. and its former CEO with regard to statements made in a Dec. 7, 2001, announcement regarding a jury verdict against Halliburton's subsidiary and others (The Erica P. John Fund Inc., et al. v. Halliburton Co., et al., No. 02-1152, N.D. Texas; 2015 U.S. Dist. LEXIS 97464).

    Mealey's Litigation Procedure - 2nd Circuit Upholds Fraud Convictions, Coin Experts' Testimony

    NEW YORK - A federal court did not abuse its discretion in allowing two coin-grading experts to testify at a trial in which two men were found guilty of defrauding customers of their coin-selling businesses, the Second Circuit U.S. Court of Appeals held July 27, finding that "it clearly was appropriate for the court to find that such testimony was relevant and would be of assistance to the jury" (United States of America v. Michael Romano, et al., Nos. 14-858, 14-1298, 2nd Cir.; 2015 U.S. App. LEXIS 11401).

    Mealey's Litigation Procedure - Judge In GM MDL Denies Broad-Based Order Protecting Pretrial Discovery Materials

    NEW YORK - The federal judge overseeing the multidistrict ignition-switch litigation against General Motors LLC (New GM) on July 24 denied the automaker's request for a broad-based order enjoining the use of pretrial discovery materials for nonlitigation purposes (In re: General Motors LLC Ignition Switch Litigation, No. 14-md-02543, S.D. N.Y.).

    Mealey's Litigation Procedure - Direct Purchaser Class Certified In Pennsylvania Pay-For-Delay Case

    PHILADELPHIA - U.S. Judge Mitchell S. Goldberg of the Eastern District of Pennsylvania on July 27 agreed to certify a class of direct purchaser plaintiffs in a long-running antitrust dispute over pay-for-delay agreements relating to generic modafinil (King Drug Company of Florence, Inc., et al. v. Cephalon, Inc., et al., No. 2:06-cv-1797, E.D. Pa.).

    Mealey's Antitrust/Unfair Competition - Direct Purchaser Class Certified In Pennsylvania Pay-For-Delay Case

    PHILADELPHIA - U.S. Judge Mitchell S. Goldberg of the Eastern District of Pennsylvania on July 27 agreed to certify a class of direct purchaser plaintiffs in a long-running antitrust dispute over pay-for-delay agreements relating to generic modafinil (King Drug Company of Florence, Inc., et al. v. Cephalon, Inc., et al., No. 2:06-cv-1797, E.D. Pa.).

    Mealey's Labor & Employment - Kansas Federal Judge Preliminarily Approves $550,000 ERISA Settlement

    KANSAS CITY, Kan. - A Kansas federal judge on July 27 granted preliminary approval of a settlement worth at least $550,000 to end claims by former hospital workers who allege on behalf of themselves and a similarly situated class that they were improperly denied separation benefits at the time they were laid off (Patricia Geiger, et al. v. Sisters of Charity of Leavenworth Health System, Inc., et al., No. 14-2378, D. Kan.; 2015 U.S. Dist. LEXIS 97362).

    Mealey's Litigation Procedure - N.J. Panel: Court Abused Its Discretion In Ordering Insurers To Produce Documents

    TRENTON, N.J. - A New Jersey appeals panel on July 27 found that a lower court erred when it ordered two insurers to produce withheld and redacted documents in a Superstorm Sandy warehouse fire coverage dispute, reversing and remanding for the court to conduct a careful in camera inspection of the requested documents to determine if they are discoverable and, if so, protected by a privilege or other restrictions (Alden Leeds Inc. v. QBE Specialty Insurance Co., et al., No. A-2034-14T1, N.J. Super., App. Div.; 2015 N.J. Super. Unpub. LEXIS 1793).

    Mealey's Insurance - Bankruptcy Judge: Claims Against Insurer Barred By Johns-Manville Injunction

    NEW YORK - An asbestosis victim's claims that an insurance company conspired with Johns-Manville Corp. to withhold information from the public on the dangers of asbestos inhalation are barred by nearly 30-year-old court orders confirming Johns-Manville's bankruptcy reorganization plan and issuing an injunction protecting the company and its insurers from such claims, a New York federal bankruptcy judge held July 27 (In re Johns Manville Corporation, et al., No. 82-11656, S.D. N.Y. Bkcy.; 2015 Bankr. LEXIS 2455).

    Mealey's Litigation Procedure - Kansas Federal Judge Preliminarily Approves $550,000 ERISA Settlement

    KANSAS CITY, Kan. - A Kansas federal judge on July 27 granted preliminary approval of a settlement worth at least $550,000 to end claims by former hospital workers who allege on behalf of themselves and a similarly situated class that they were improperly denied separation benefits at the time they were laid off (Patricia Geiger, et al. v. Sisters of Charity of Leavenworth Health System, Inc., et al., No. 14-2378, D. Kan.; 2015 U.S. Dist. LEXIS 97362).

    Mealey's IP/Tech - Texas Federal Judge Sides With Copyright, Trademark Plaintiff

    DALLAS - A plaintiff seeking a declaration of invalidity and noninfringement of various copyrights, trademarks and trade dress rights asserted in connection with "replica bullets" prevailed July 27 in Texas federal court (Provident Precious Metals LLC v. Northwest Territorial Mint LLC, No. 13-2942, N.D. Texas.; 2015 U.S. Dist. LEXIS 97338).

    Mealey's Insurance - N.J. Panel: Court Abused Its Discretion In Ordering Insurers To Produce Documents

    TRENTON, N.J. - A New Jersey appeals panel on July 27 found that a lower court erred when it ordered two insurers to produce withheld and redacted documents in a Superstorm Sandy warehouse fire coverage dispute, reversing and remanding for the court to conduct a careful in camera inspection of the requested documents to determine if they are discoverable and, if so, protected by a privilege or other restrictions (Alden Leeds Inc. v. QBE Specialty Insurance Co., et al., No. A-2034-14T1, N.J. Super., App. Div.; 2015 N.J. Super. Unpub. LEXIS 1793).

    Mealey's Litigation Procedure - D.C. Federal Judge Denies 2 Motions To Modify $680M Farming Settlement

    WASHINGTON, D.C. - A District of Columbia federal judge on July 24 acknowledged that "the claims process failed" in a 2011 $680 million settlement reached between Native American farmers and the U.S. secretary of Agriculture in a class suit over discriminatory government loan processing; however, he denied two motions seeking to modify the settlement (Marilyn Keepseagle, et al. v. Tom Vilsack, Secretary, U.S. Department of Agriculture, No. 99-3119, D. D.C.; 2015 U.S. Dist. LEXIS 97574).