LexisNexis® Legal Newsroom
    Mealey's PI/Product Liability - 9th Circuit Panel Partially Overturns Securities Class Action Ruling

    SEATTLE - A federal district court partially erred in dismissing a shareholder class action lawsuit against a health care company and its CEO over their alleged misrepresentations made with regard to its breast cancer screening products because the lead plaintiff has shown that certain of the defendants' statements were false and/or material in violation of federal securities laws, a Ninth Circuit U.S. Court of Appeals panel ruled Aug. 18 in partially reversing the lower court's ruling (In re Atossa Genetics Inc. Securities Litigation, No. 14-35933, 9th Cir., 2017 U.S. App. LEXIS 15658).

    Mealey's Litigation Procedure - 9th Circuit Panel Partially Overturns Securities Class Action Ruling

    SEATTLE - A federal district court partially erred in dismissing a shareholder class action lawsuit against a health care company and its CEO over their alleged misrepresentations made with regard to its breast cancer screening products because the lead plaintiff has shown that certain of the defendants' statements were false and/or material in violation of federal securities laws, a Ninth Circuit U.S. Court of Appeals panel ruled Aug. 18 in partially reversing the lower court's ruling (In re Atossa Genetics Inc. Securities Litigation, No. 14-35933, 9th Cir., 2017 U.S. App. LEXIS 15658).

    Mealey's PI/Product Liability - 3rd Circuit: Claims Of Unlawful Reverse Patent Payments Are Plausible

    PHILADELPHIA - In a consolidated appeal of disputes involving the brand-name drugs Lipitor and Effexor XR, the Third Circuit U.S. Court of Appeals on Aug. 21 deemed antitrust allegations stemming from reverse payment patent settlement agreements plausible under the standards set in FTC v. Actavis, Inc., 133 S. Ct. 2233 (2013), and King Drug Co. of Florence v. Smithkline Beecham Corp., 791 F.3d 388, 394 (3d Cir. 2015) (In re: Lipitor Antitrust Litigation, Nos. 14-4202, -4203, -4204, -4205, -4206, -4602, -4632, 15-1184, -1185, -1186, -1187, -1274, -1323 and 15-134, 3rd Cir., 2017 U.S. App. LEXIS 6346).

    Mealey's Litigation Procedure - 3rd Circuit: Claims Of Unlawful Reverse Patent Payments Are Plausible

    PHILADELPHIA - In a consolidated appeal of disputes involving the brand-name drugs Lipitor and Effexor XR, the Third Circuit U.S. Court of Appeals on Aug. 21 deemed antitrust allegations stemming from reverse payment patent settlement agreements plausible under the standards set in FTC v. Actavis, Inc., 133 S. Ct. 2233 (2013), and King Drug Co. of Florence v. Smithkline Beecham Corp., 791 F.3d 388, 394 (3d Cir. 2015) (In re: Lipitor Antitrust Litigation, Nos. 14-4202, -4203, -4204, -4205, -4206, -4602, -4632, 15-1184, -1185, -1186, -1187, -1274, -1323 and 15-134, 3rd Cir., 2017 U.S. App. LEXIS 6346).

    Mealey's Litigation Procedure - 6th Circuit: Nursing Home's Management Company Isn't Liable For WARN Act Violations

    CINCINNATI - A management company that was hired to turn around a nursing home suffering from health and safety violations, but failed to do so, is not liable for Worker Adjustment and Retraining Notification (WARN) Act violation claims brought by a class of employees because it was not the employer, a Sixth Circuit U.S. Court of Appeals panel ruled Aug. 18 (Debi McKinney, et al. v. Carlton Manor Nursing & Rehabilitation Center, Inc., et al., No. 16-3895, 6th Cir., 2017 U.S. App. LEXIS 15647).

    Mealey's Insurance - Federal Judge Denies Motion To Disqualify Insured's Counsel In Superstorm Sandy Suit

    NEWARK, N.J. - A New Jersey federal judge on Aug. 17 refused to disqualify an insured's counsel in a lawsuit arising from Superstorm Sandy damage, finding that the defendants failed to show that there was an implied attorney-client relationship between the attorney and one of the defendants (The Residences at Bay Point Condominium Assoc., Inc. v. Chernoff Diamond & Co., LLC, et. al., No. 16-5190, D. N.J., 2017 U.S. Dist. LEXIS 131332).

    Mealey's Litigation Procedure - Federal Judge Confirms $2.73 Million Award For Ultrasound Device Worker

    SEATTLE - A Washington federal judge on Aug. 17 granted a motion filed by a maker of ultrasound devices and technology for confirmation of a final arbitral award, ordering a medical systems company to pay it $2,738,185 in fees and costs (Verasonics Inc. v. Alpinion Medical Systems Co., Ltd., No. 14-1820, W.D. Wash., 2017 U.S. Dist. LEXIS 76694).

    Mealey's Securities/D&O Liability - 9th Circuit Panel Partially Overturns Securities Class Action Ruling

    SEATTLE - A federal district court partially erred in dismissing a shareholder class action lawsuit against a health care company and its CEO over their alleged misrepresentations made with regard to its breast cancer screening products because the lead plaintiff has shown that certain of the defendants' statements were false and/or material in violation of federal securities laws, a Ninth Circuit U.S. Court of Appeals panel ruled Aug. 18 in partially reversing the lower court's ruling (In re Atossa Genetics Inc. Securities Litigation, No. 14-35933, 9th Cir., 2017 U.S. App. LEXIS 15658).

    Mealey's Banking & Finance - Judge Limits Man's Claims Stemming From Foreclosure Notice, Letter Verifying Debt

    DETROIT - A federal judge in Michigan on Aug. 18 ruled that a man can pursue certain claims under the Fair Debt Collection Practices Act (FDCPA) and its state law equivalent over a debt collector's debt verification letter and publication of a foreclosure notice (Timothy A. Thebert v. Potestivo & Associates, P.C., et al., No. 16-cv-14341, E.D. Mich., 2017 U.S. Dist. LEXIS 132503).

    Mealey's Insurance - Question Of Fact Exists As To Whether Pollution Exclusion Bars Coverage For Oil Leak

    CAMDEN, N.J. - A New Jersey federal judge on Aug. 17 partially denied two insurers' motions for summary judgment on the applicability of their policies' pollution exclusions after determining that a question of fact exists as to whether the leakage of heating oil from an underground storage tank constitutes "traditional environmental pollution" that is precluded under the exclusion (Nimrod Benjamin, et al., v. State Farm Insurance Co., et al., No. 15-4123, D. N.J., 2017 U.S. Dist. LEXIS 131078).

    Mealey's IP/Tech - 5th Circuit Finds Yahoo Owes $4.4 Million In NCAA Contest Dispute

    NEW ORLEANS - Reversing a $550,000 judgment in favor of Yahoo! Inc., a Fifth Circuit U.S. Court of Appeals panel on Aug. 21 found instead that Yahoo owed $4.4 million for breaching the cancellation terms of its contract with a promotions firm related to an online NCAA contest (SCA Promotions Inc. v. Yahoo! Inc., No. 15-11254, 5th Cir., 2017 U.S. App. LEXIS 15845).

    Mealey's Insurance - Insurer's Fraud Suit Against Mail Order Pharmacy Is Timely, Judge Rules

    TRENTON, N.J. - An insurance company's lawsuit accusing a mail order pharmacy of submitting fraudulent claims is timely, a federal judge in New Jersey ruled Aug. 17, finding that the last claim submitted to the company was within the six-year statute of limitations (Horizon Blue Cross Blue Shield of New Jersey v. Focus Express Mail Pharmacy, Inc., et al., No. 17-571, D. N.J., 2017 U.S. Dist. LEXIS 131013).

    Mealey's Insurance - Washington Supreme Court Denies Rehearing In Carbon Monoxide Coverage Suit

    OLYMPIA, Wash. - The Washington Supreme Court on Aug. 17 refused to reconsider its ruling that an insurer has a duty to defend underlying claims arising out of carbon monoxide poisoning because the efficient proximate cause of the loss was the negligent installation of a hot water heater, which is a covered occurrence under the policy (Zhaoyun Xia, et al. v. ProBuilders Specialty Insurance Co., et al., No. 92436-8, Wash. Sup., 2017 Wash. LEXIS 839).

    Mealey's Litigation Procedure - Final Approval Granted To Facebook Message-Scanning Class Action Settlement

    OAKLAND, Calif. - Four months after preliminarily approving settlement of a class action that accused Facebook Inc. of privacy violations related to its scanning of users' private messages (PMs) for advertisement purposes, a California federal judge on Aug. 18 granted the plaintiffs' motion for final judgment, deeming proposed incentive and attorney fee awards to be reasonable (Matthew Campbell, et al. v. Facebook Inc., No. 4:13-cv-05996, N.D. Calif., 2017 U.S. Dist. LEXIS 132624).

    Mealey's Labor & Employment - 6th Circuit: Nursing Home's Management Company Isn't Liable For WARN Act Violations

    CINCINNATI - A management company that was hired to turn around a nursing home suffering from health and safety violations, but failed to do so, is not liable for Worker Adjustment and Retraining Notification (WARN) Act violation claims brought by a class of employees because it was not the employer, a Sixth Circuit U.S. Court of Appeals panel ruled Aug. 18 (Debi McKinney, et al. v. Carlton Manor Nursing & Rehabilitation Center, Inc., et al., No. 16-3895, 6th Cir., 2017 U.S. App. LEXIS 15647).

    Mealey's IP/Tech - Federal Circuit Affirms: Oracle Did Not Infringe Middleware Patent

    WASHINGTON, D.C. - A California federal judge did not err in deeming Oracle Corp. a non-infringer of a patented system and method of accessing data in a relational database, the Federal Circuit U.S. Court of Appeals ruled Aug. 21 (Thought Inc. v. Oracle Corporation, No. 16-2369, Fed. Cir., 2017 U.S. App. LEXIS 15812).

    Mealey's Litigation Procedure - 5th Circuit Affirms Class Certification Of Texas Prisoners Suing Over Heat

    NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on Aug. 18 ruled that a trial court did not abuse its discretion when it certified a general class and two subclasses of Texas prisoners suing the Texas Department of Criminal Justice (TDCJ) and two officials for allegedly failing to properly cool prison housing areas (Marvin Ray Yates, et al. v. Bryan Collier, et al., No. 16-20505, 5th Cir., 2017 U.S. App. LEXIS 15847).

    Mealey's Insurance - 5th Circuit Remands Asbestos Coverage Suit For Finding On Sudden, Accidental Exception

    NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Aug. 18 vacated and remanded a district court's ruling in an asbestos coverage dispute after determining that the lower court must consider whether the "sudden and accidental" exception to the policies' pollution exclusion applies to afford coverage for the underlying asbestos claims (Longhorn Gasket and Supply Co., et al. v. U.S. Fire Insurance Co., No. 15-41625, 5th Cir., 2017 U.S. App. LEXIS 15706).

    Mealey's IP/Tech - 3rd Circuit: Claims Of Unlawful Reverse Patent Payments Are Plausible

    PHILADELPHIA - In a consolidated appeal of disputes involving the brand-name drugs Lipitor and Effexor XR, the Third Circuit U.S. Court of Appeals on Aug. 21 deemed antitrust allegations stemming from reverse payment patent settlement agreements plausible under the standards set in FTC v. Actavis, Inc., 133 S. Ct. 2233 (2013), and King Drug Co. of Florence v. Smithkline Beecham Corp., 791 F.3d 388, 394 (3d Cir. 2015) (In re: Lipitor Antitrust Litigation, Nos. 14-4202, -4203, -4204, -4205, -4206, -4602, -4632, 15-1184, -1185, -1186, -1187, -1274, -1323 and 15-134, 3rd Cir., 2017 U.S. App. LEXIS 6346).

    Mealey's PI/Product Liability - Defense Verdict Returned In 3rd Xarelto Multidistrict Bellwether Trial

    JACKSON, Miss. - A Mississippi federal jury on Aug. 18 returned a defense verdict in the third Xarelto bleeding trial, finding that defendants Janssen Research & Development LLC and Bayer Healthcare Pharmaceuticals Inc. did not fail to adequately warn the plaintiff's doctor about the safe use of the anticoagulant and did not defectively design the drug (In Re: Xarelto [Rivaroxaban] Products Liability Litigation, No. 14-md-2592, Dora Minto v. Janssen Research & Development, LLC, et al., No. 15-3469, E.D. La.).

    Mealey's PI/Product Liability - California State Jury Awards $417 Million In Talcum Powder Suit

    LOS ANGELES - A California jury on Aug. 21 awarded a woman who said Johnson & Johnson's talcum powder caused her ovarian cancer a total of $417 million in damages (Eva Echeverria v. Johnson & Johnson, No. JCCP4872, Calif. Super. Los Angeles Co.).

    Mealey's Litigation Procedure - Judge Limits Experts' Testimony On Migration Of Metals To River

    TRENTON, N.J. - A federal judge in New Jersey on Aug. 16 granted in part NL Industries Inc.'s motion to exclude testimony from two experts for an environmental group accusing the company of violating the Clean Water Act (CWA) and Resource Conservation and Recovery Act (RCRA), finding that portions of each expert's testimony was unreliable (Raritan Baykeeper Inc., et al. v. NL Industries Inc., et al., No. 09-4117, D. N.J., 2017 U.S. Dist. LEXIS 131754).

    Mealey's Litigation Procedure - 6th Circuit Finds No Unjust Enrichment In Online Purchase Of $27 Speakers

    CINCINNATI - An Ohio man who paid for and received a pair of $27 speakers from an online marketplace failed to establish that the site's juxtaposition of a higher, crossed-out price constituted unjust enrichment, a Sixth Circuit U.S. Court of Appeals panel ruled Aug. 16, also affirming dismissal of a putative consumer sales practice claim for failure to allege actual damages (Max Gerboc v. ContextLogic Inc., No. 16-4734, 6th Cir., 2017 U.S. App. LEXIS 15378).

    Mealey's PI/Product Liability - Man's Asbestos Case Against Pipe Manufacturer Can Keep Trucking, Judge Says

    WILMINGTON, Del. - A man's testimony that he encountered dust when loading a company's asbestos-containing cement pipe onto his flat-bed truck, even where potentially questionable, sufficiently identifies the product and creates genuine issues of material fact, a Delaware judge held Aug. 17 (Jack E. Trousdale, et al. v. CertainTeed Corp., et al., No. N15C-08-186 ASB, Del. Super., New Castle Co.).

    Mealey's PI/Product Liability - Shipbuilder Appeals Ruling That Asbestos Mandate Didn't Preclude Safety Measures

    NEW ORLEANS - A ship builder on Aug. 17 appealed a federal judge's conclusion that remand was warranted because the U.S. Navy's mandate that ships contain asbestos-containing insulation aboard warships did not prevent the company from warning employees of the dangers or from implementing adequate safety programs (George K. Mayeaux Jr. v. Taylor-Seidenbach Inc., et al., No. 16-16813, E.D. La.).