LexisNexis® Legal Newsroom
    Mealey's Bankruptcy - Merger Litigation, Adversary Proceeding Are 'Wholly Different,' N.Y. Panel Says

    NEW YORK - A New York appeals panel on June 4 rejected a directors and officers liability insurer's argument that a merger litigation and an adversary proceeding constitute one continuous claim, finding that coverage for the adversary proceeding is not subject to a 2006-2007 policy's insured versus insured (IVI) exclusion (American Casualty Company of Reading, P.A., et al., v. Morris Gelb, et al., No. 15335 653280/11, N.Y. Sup., App. Div., 1st Dept.; 2015 N.Y. App. Div. LEXIS 4643).

    Mealey's Banking & Finance - Merger Litigation, Adversary Proceeding Are 'Wholly Different,' N.Y. Panel Says

    NEW YORK - A New York appeals panel on June 4 rejected a directors and officers liability insurer's argument that a merger litigation and an adversary proceeding constitute one continuous claim, finding that coverage for the adversary proceeding is not subject to a 2006-2007 policy's insured versus insured (IVI) exclusion (American Casualty Company of Reading, P.A., et al., v. Morris Gelb, et al., No. 15335 653280/11, N.Y. Sup., App. Div., 1st Dept.; 2015 N.Y. App. Div. LEXIS 4643).

    Mealey's Litigation Procedure - Google Opposes Certification Of Android User Privacy, Unfair Competition Class

    SAN JOSE, Calif. - In a June 2 opposition brief, which echoed its pending motion to dismiss, Google Inc. says a putative class of Android device users has not offered "a shred of evidence" that any "class member has suffered any damage at all" from alleged breach of contract, privacy and unfair competition violations associated with Google's purported use of and sharing of their personally identifiable information (PII) (In re Google, Inc. Privacy Policy Litigation, No. 5:12-cv-01382, N.D. Calif.).

    Mealey's Antitrust/Unfair Competition - Google Opposes Certification Of Android User Privacy, Unfair Competition Class

    SAN JOSE, Calif. - In a June 2 opposition brief, which echoed its pending motion to dismiss, Google Inc. says a putative class of Android device users has not offered "a shred of evidence" that any "class member has suffered any damage at all" from alleged breach of contract, privacy and unfair competition violations associated with Google's purported use of and sharing of their personally identifiable information (PII) (In re Google, Inc. Privacy Policy Litigation, No. 5:12-cv-01382, N.D. Calif.).

    Mealey's PI/Product Liability - 2 Expert Reports In Suit Over Gas Oven Properly Stricken, 5th Circuit Says

    NEW ORLEANS - A district court did not abuse its discretion in striking two expert reports for a couple alleging that they suffered carbon monoxide poisoning due to a faulty gas range, the Fifth Circuit U.S. Court of Appeals held June 4 in a per curiam opinion, finding that there was too great a gap between the data presented and one expert's causation opinion and that the other expert was not qualified to offer his opinion on whether the range was defective (Devereaux Macy, et al. v. Whirlpool Corporation, No. 14-20603, 5th Cir.; 2015 U.S. App. LEXIS 9338).

    Mealey's Labor & Employment - New York Court Affirms Striking Of Taxi Health Care Rules

    NEW YORK - An increase in taxi fares to fund health care navigators and disability insurance duplicative of Patient Protection and Affordable Care Act (ACA) benefits is arbitrary and exceeds the governing body's mandate, a New York appeals court ruled June 4, affirming a judge's ruling annulling the rules (In re Tanvir Ahmed, et al. v. The City of New York, et al., No. 101692/13, In re Adelso Raul Delorbe, et al. v. The City of New York, et al., No. 101762/13, N.Y. Sup., App. Div., 1st Dept.; 2015 N.Y. App. Div. LEXIS 4655).

    Mealey's Insurance - New York Court Affirms Striking Of Taxi Health Care Rules

    NEW YORK - An increase in taxi fares to fund health care navigators and disability insurance duplicative of Patient Protection and Affordable Care Act (ACA) benefits is arbitrary and exceeds the governing body's mandate, a New York appeals court ruled June 4, affirming a judge's ruling annulling the rules (In re Tanvir Ahmed, et al. v. The City of New York, et al., No. 101692/13, In re Adelso Raul Delorbe, et al. v. The City of New York, et al., No. 101762/13, N.Y. Sup., App. Div., 1st Dept.; 2015 N.Y. App. Div. LEXIS 4655).

    Mealey's Litigation Procedure - Inmate Permitted Some Discovery In Suit Over Censored Mailings

    SCRANTON, Pa. - A man serving a prison sentence of life without parole (LWOP) was granted discovery of certain Pennsylvania Department of Corrections (DOC) binders on June 3, with a Pennsylvania federal magistrate judge deeming them relevant to the inmate's claims of violations of the First Amendment to the U.S. Constitution (Robert L. Holbrook, et al. v. Theresa Jellen, et al., No. 3:14-cv-00028, M.D. Pa.; 2015 U.S. Dist. LEXIS 71607).

    Mealey's Insurance - Insureds' Collapse Is Not Covered Due To Excluded Event, Federal Judge Says

    DENVER - There is no coverage under an insurance policy for a partial collapse of insureds' roof because an excluded event concurrently contributed to the claimed loss, a Colorado federal judge ruled June 4, granting summary judgment to an insurer on the insureds' breach of contract and bad faith claims (Eugene Gallegos and Diane Gallegos v. Safeco Insurance Company of America, No. 14-1114, D. Colo.; 2015 U.S. Dist. LEXIS 72435).

    Mealey's IP/Tech - Federal Circuit Says Patent Litigation Should Have Been Dismissed

    WASHINGTON, D.C. - A Florida federal judge erred denying a motion to dismiss, on standing grounds, a dispute over a prosthetic liner patent, the Federal Circuit U.S. Court of Appeals ruled June 5 (Alps South LLC v. The Ohio Willow Wood Company, Nos. 13-1452, -1488, 14-1147, -1426, Fed. Cir.).

    Mealey's Litigation Procedure - 10th Circuit: Opinions Not Relevant To Inmate's Discrimination Claim

    DENVER - An expert's opinions about "best practices" for operating a prison do not "fit" the question of whether an inmate was segregated from the general prison population because he is HIV positive, so the trial court properly excluded the opinions, a 10th Circuit U.S. Court of Appeals panel held June 4 in affirming a jury verdict and judgment against the prisoner on a federal discrimination claim (John Doe v. Board of County Commissioners of Payne County, Oklahoma, et al., No. 14-6187, 10th Cir.; 2015 U.S. App. LEXIS 9298).

    Mealey's Insurance - Merger Litigation, Adversary Proceeding Are 'Wholly Different,' N.Y. Panel Says

    NEW YORK - A New York appeals panel on June 4 rejected a directors and officers liability insurer's argument that a merger litigation and an adversary proceeding constitute one continuous claim, finding that coverage for the adversary proceeding is not subject to a 2006-2007 policy's insured versus insured (IVI) exclusion (American Casualty Company of Reading, P.A., et al., v. Morris Gelb, et al., No. 15335 653280/11, N.Y. Sup., App. Div., 1st Dept.; 2015 N.Y. App. Div. LEXIS 4643).

    Mealey's Toxic Tort/Environmental - Judge Reconsiders Ruling Dismissing All Cost Recovery Claims In CERCLA Action

    PADUCAH, Ky. - A federal judge in Kentucky on June 4 reconsidered his earlier ruling finding that LWD PRP Group could not seek to recover costs under the Comprehensive Environmental Response, Compensation, and Liability Act that it incurred as part of its compliance with two administrative orders of consent it entered into with the U.S. Environmental Protection Agency in 2013 and allowed the plaintiff company to file a fourth amended complaint (LWD PRP Group v. ACF Industries Inc., et al., No. 12-cv-00127-GNS-HBB, W.D. Ky.; 2015 U.S. Dist. LEXIS 72109).

    Mealey's Toxic Tort/Environmental - New York Court Affirms Striking Of Taxi Health Care Rules

    NEW YORK - An increase in taxi fares to fund health care navigators and disability insurance duplicative of Patient Protection and Affordable Care Act (ACA) benefits is arbitrary and exceeds the governing body's mandate, a New York appeals court ruled June 4, affirming a judge's ruling annulling the rules (In re Tanvir Ahmed, et al. v. The City of New York, et al., No. 101692/13, In re Adelso Raul Delorbe, et al. v. The City of New York, et al., No. 101762/13, N.Y. Sup., App. Div., 1st Dept.; 2015 N.Y. App. Div. LEXIS 4655).

    Mealey's Insurance - Judge Says Construction Defect Notice By Insured Is Not A 'Suit' Under Policy

    WEST PALM BEACH, Fla. - A notice under Florida Statutes Chapter 558 does not constitute a "civil proceeding" and is not a "suit" under an insurance policy, a Florida federal judge ruled June 4, finding that the insurer had no duty to defend or indemnify an insured regarding construction defect claims (Altman Contractors Inc. v. Crum & Forster Specialty Insurance Co., No. 13-80831, S.D. Fla.; 2015 U.S. Dist. LEXIS 72466).

    Mealey's IP/Tech - On Remand From Supreme Court, Federal Circuit Again Rejects Claim Constructions

    WASHINGTON, D.C. - Despite a decision by the U.S. Supreme Court to vacate and remand an earlier reversal by the Federal Circuit U.S. Court of Appeals of a Florida federal judge's claim construction in light of Teva Pharmaceuticals USA Inc. v. Sandoz Inc. (135 S. Ct. 831 [2015]), the Federal Circuit on June 2 held firm, again rejecting the constructions (Shire Development LLC, et al. v. Watson Pharmaceuticals Inc., et al., No. 13-1409, Fed. Cir.).

    Mealey's IP/Tech - Federal Circuit Affirms Opposition Of Registration For 'IWatch' Trademark

    WASHINGTON, D.C. - The Trademark Trial and Appeal Board properly sustained an opposition by Swatch AG of a trademark application for "iWatch" on grounds that the applicant lacked a bona fide intent to use the mark in commerce, the Federal Circuit U.S. Court of Appeals ruled June 4 (M.Z. Berger & Co. Inc. v. Swatch AG, No. 14-1219, Fed. Cir.; 2015 U.S. App. LEXIS 9276).

    Mealey's Labor & Employment - 5th Circuit: Employee Waived Right To Seek Injunctive Relief In Age Bias Suit

    NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on June 4 reversed a District Court's injunctive relief award in an age discrimination suit, finding that the employee waived his right to seek such relief (David O. Peterson v. Bell Helicopter Textron, Incorporated, No. 14-10249, 5th Cir.; 2015 U.S. App. LEXIS 9342).

    Mealey's Toxic Tort/Environmental - Appeals Court: EPA Should Reconsider Denial Of Refinery's Extension Request

    WASHINGTON, D.C. - A panel of the District of Columbia Circuit U.S. Appeals Court on June 2 ordered the U.S. Environmental Protection Agency to reconsider an oil refinery's request for an extension for exemption of annual standards for the production of renewable fuels, finding that mathematical errors the agency made when evaluating the refinery's financial data were not harmless (Hermes Consolidated LLC, d/b/a Wyoming Refining Company v. U.S. Environmental Protection Agency, No. 14-1016, D.C. Cir.; 2015 U.S. App. LEXIS 9113).

    Mealey's Insurance - Stipulated Judgment Bars Harm Under Collateral Estoppel Doctrine, Panel Affirms

    NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on June 2 affirmed a lower federal court's dismissal of a lawsuit brought by the previous owners of a self-storage company alleging that they were denied the insurance proceeds they were owed for Hurricane Katrina damage, as well as the ability to maintain an ownership stake in the self-storage company (BCR Safeguard Holding L.L.C., et al. v. Morgan Stanley Real Estate Advisor Inc. et al., No. 14-31068, 5th Cir.; 2015 U.S. App. LEXIS 9268).

    Mealey's Litigation Procedure - 2 Expert Reports In Suit Over Gas Oven Properly Stricken, 5th Circuit Says

    NEW ORLEANS - A district court did not abuse its discretion in striking two expert reports for a couple alleging that they suffered carbon monoxide poisoning due to a faulty gas range, the Fifth Circuit U.S. Court of Appeals held June 4 in a per curiam opinion, finding that there was too great a gap between the data presented and one expert's causation opinion and that the other expert was not qualified to offer his opinion on whether the range was defective (Devereaux Macy, et al. v. Whirlpool Corporation, No. 14-20603, 5th Cir.; 2015 U.S. App. LEXIS 9338).

    Mealey's IP/Tech - Google Opposes Certification Of Android User Privacy, Unfair Competition Class

    SAN JOSE, Calif. - In a June 2 opposition brief, which echoed its pending motion to dismiss, Google Inc. says a putative class of Android device users has not offered "a shred of evidence" that any "class member has suffered any damage at all" from alleged breach of contract, privacy and unfair competition violations associated with Google's purported use of and sharing of their personally identifiable information (PII) (In re Google, Inc. Privacy Policy Litigation, No. 5:12-cv-01382, N.D. Calif.).

    Mealey's Insurance - Judge: Insureds' Failure To Comply With Order Does Not Warrant Dismissal

    TACOMA, Wash. - A federal judge in Washington on June 2 declined to dismiss an insurance bad faith lawsuit, ruling that although insureds failed to abide by a court order to file a joint status report, that failure does not require dismissal (Kenneth and Karen Oswald v. Horace Mann Insurance Co., No. 14-5920, W.D. Wash.; 2015 U.S. Dist. LEXIS 71297).

    Mealey's Labor & Employment - 2nd Circuit Panel Affirms Denial Of Benefits Under Pension Plan Was Proper

    NEW YORK - The denial of a claimant's benefits under a disability pension plan was not arbitrary or capricious because it was not clear that the disability was permanent or that she was disabled while employed, the Second Circuit U.S. Court of Appeals said June 1 (Francy Ocampo v. Building Service 32B-J Pension Fund, et al., No. 14-0877, 2nd Cir.; 2015 U.S. App. LEXIS 9020).

    Mealey's Bankruptcy - New York Justice Asks For Input Regarding Termination Of Ancillary Receivership

    NEW YORK - A New York justice on June 2 issued an order to show cause asking for responses regarding the proposed termination of the ancillary receivership of an insolvent Ohio insurer (In the Matter of the Ancillary Receivership of Credit General Insurance Company, No. 400160/01, N.Y. Sup., New York Co.).