LexisNexis® Legal Newsroom
    Mealey's IP/Tech - Sprint Loses Motions To Bar Damages Experts In Patent Suits Against Comcast, Time Warner

    KANSAS CITY, Kan. - A Kansas federal judge on Dec. 5 denied Sprint Communications Co. L.P. its attempts to exclude damages and patent experts in two consolidated patent infringement lawsuits filed against Comcast Cable Communications LLC and Time Warner Cable Inc. (TWC) (Sprint Communications Company LP v. Comcast Cable Communications LLC, et al., No. 11-2684 and Sprint Communications Company LP v. Time Warner Cable Inc., et al., No. 11-2686, D. Kan.; 2016 U.S. Dist. LEXIS 167849).

    Mealey's Litigation Procedure - Judge Rejects Insureds Breach Of Contract Arguments In Bad Faith Suit

    LOS ANGELES - Summary judgment is warranted against insureds in an insurance breach of contract and bad faith lawsuit because the insureds have failed to show that their insurer breached its contract in failing to pay their claims for benefits or denied their requests for a defense or indemnification, a federal judge in California ruled Dec. 6 (Julie Sohn, et al. v. Allstate Indemnity Co., et al., No. 15-8841, C.D. Calif.; 2016 U.S. Dist. LEXIS 168555).

    Mealey's IP/Tech - Patent Covering Rapid-Dissolve Films Won't Be Reviewed By Patent Board

    ALEXANDRIA, Va. - Finding no likelihood that Dr. Reddy's Laboratories Inc. will prevail in showing that at least one claim of a patented rapid-dissolve film for orally administered active ingredients is invalid, the Patent Trial and Appeal Board on Dec. 5 denied inter partes review (IPR) (Dr. Reddy's Laboratories Inc. v. Monosol RX LLC, No. IPR2016-0111, PTAB).

    Mealey's Insurance - Mississippi Federal Judge: Transfer Of Oil Spill Suit To Louisiana Is Not Warranted

    JACKSON, Miss. - Transfer of a suit filed by the United States seeking damages for oil spill removal costs from Mississippi federal court to Louisiana federal court where an insurance coverage action is pending is not warranted because the United States' suit does not overlap with the coverage suit in Louisiana, a Mississippi federal judge said Dec. 5 (United States of American v. Third Coast Towing LLC, et al., No. 16-34, S.D. Miss.; 2016 U.S. Dist. LEXIS 167441).

    Mealey's Insurance - Termination Of Benefits Supported By Evidence, Texas Federal Judge Says

    BEAUMONT, Texas - A federal magistrate judge correctly found that a disability insurer's termination of disability benefits was not an abuse of discretion, a Texas federal judge said Dec. 6, noting that the evidence clearly supports the insurer's decision (Troy Arrington v. Unum Life Insurance Company of America, et al., No. 14-549, E.D. Texas; 2016 U.S. Dist. LEXIS 168120).

    Mealey's Antitrust/Unfair Competition - Judge Dismisses UCL Claim In Dispute Over Technology For Taxi Payments

    SAN FRANCISCO - A California federal judge on Dec. 6 granted a technology company's motion to dismiss a counterclaim asserted by the maker of a mobile application that allows for credit card payments to taxicab drivers, finding no facts to support its claim for violation of California's unfair competition law (UCL) (Creative Mobile Technologies LLC v. Flywheel Software Inc., No. 16-cv-02560, N.D. Calif.; 2016 U.S. Dist. LEXIS 168569).

    Mealey's Labor & Employment - Ceramics Professor May Proceed With Timely Failure To Accommodate Claims

    WASHINGTON, D.C. - A university ceramics professor who alleges that she developed occupational asthma due her employer's failure to properly clean and ventilate its studio and then failed to make accommodations for her asthma for 37 years may proceed with only her timely claims, a District of Columbia federal judge ruled Dec. 6 (Winifred Owens-Hart v. Howard University, No. 14-758, D. D.C.; 2016 U.S. Dist. LEXIS 167984).

    Mealey's Insurance - 11th Circuit Affirms Dismissal Of Federal Conspiracy Claims Against Insurer

    ATLANTA - The 11th Circuit U.S. Court of Appeals on Dec. 5 affirmed a lower court's dismissal of an insured's federal conspiracy claims against his homeowners insurer, a claims investigator and a deputy sheriff arising from the insured's claim that $496,641 was stolen from his home (Windham Todd Pittman v. State Farm Fire & Casualty Co., et al., No. 16-10144, 11th Cir.; 2016 U.S. App. LEXIS 21610).

    Mealey's IP/Tech - 9th Circuit Panel Denies Rehearing In Computer Fraud, Trade Secrets Suit

    SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel majority on Dec. 8 amended an earlier ruling in which it affirmed computer fraud and trade secrets convictions of a man who accessed his former employer's computer "without access," to deny his motion for rehearing en banc (United States of America v. David Nosal, No. 14-10037 and 14-10275, 9th Cir.).

    Mealey's Toxic Tort/Environmental - Florida Appellate Panel Remands Engle Suit To Disqualify Plaintiff's Attorney

    WEST PALM BEACH, Fla. - A Florida appellate panel on Dec. 7 found a trial court erred in denying Philip Morris USA Inc.'s motion to dismiss the law firm representing her because one of her attorneys previously represented Philip Morris in similar lawsuits, which prevents him from being the plaintiff's attorney under Florida law (Philip Morris USA Inc. v. Ada Caro, No. 4D16-2416, Fla. App., 4th Dist.; 2016 Fla. App. LEXIS 18077).

    Mealey's Insurance - Lack Of Factual Allegations Dooms Bad Faith Claim, Federal Judge Rules

    PHILADELPHIA - Dismissal an insured's bad faith claim against his insurer for failure to pay uninsured motorist benefits pursuant to an automobile insurance policy is proper because the insured failed to state any factual allegations to support his bad faith claim, a federal judge in Pennsylvania ruled Dec. 5 (Vincent Talotta v. State Farm Mutual Automobile Insurance Co., No. 16-5557, E.D. Pa.; 2016 U.S. Dist. LEXIS 167248).

    Mealey's Litigation Procedure - Sprint Loses Motions To Bar Damages Experts In Patent Suits Against Comcast, Time Warner

    KANSAS CITY, Kan. - A Kansas federal judge on Dec. 5 denied Sprint Communications Co. L.P. its attempts to exclude damages and patent experts in two consolidated patent infringement lawsuits filed against Comcast Cable Communications LLC and Time Warner Cable Inc. (TWC) (Sprint Communications Company LP v. Comcast Cable Communications LLC, et al., No. 11-2684 and Sprint Communications Company LP v. Time Warner Cable Inc., et al., No. 11-2686, D. Kan.; 2016 U.S. Dist. LEXIS 167849).

    Mealey's Insurance - Insured's Bad Faith Claim Lacks Factual Support, Judge Rules

    OKLAHOMA CITY - An insured's insurance bad faith counterclaim was dismissed Dec. 5 after a federal judge in Oklahoma ruled that the insured failed to plead its counterclaim with any facts to support it (Employers Mutual Casualty Co. v. W-W Trailer Manufacturers, d/b/a W.W. Trailer Manufacturing, No. 16-995, W.D. Okla.; 2016 U.S. Dist. LEXIS 167362).

    Mealey's PI/Product Liability - Summary Judgment Partially Granted In C.R. Bard Pelvic Mesh Case

    CHARLESTON, W.Va. - The West Virginia federal judge overseeing the C.R. Bard Inc. pelvic mesh multidistrict litigation on Dec. 6 granted partial summary judgment in the case of a Connecticut plaintiff but denied summary judgment on the issue of punitive damages and other claims (Penny Havanick v. C.R. Bard, Inc., No. 12-2312, S.D. W.Va., Charleston Div.; 2016 U.S. Dist. LEXIS 168079).

    Mealey's Insurance - Judge Rejects Insureds' Breach Of Contract Arguments In Bad Faith Suit

    LOS ANGELES - Summary judgment is warranted against insureds in an insurance breach of contract and bad faith lawsuit because the insureds have failed to show that their insurer breached its contract in failing to pay their claims for benefits or denied their requests for a defense or indemnification, a federal judge in California ruled Dec. 6 (Julie Sohn, et al. v. Allstate Indemnity Co., et al., No. 15-8841, C.D. Calif.; 2016 U.S. Dist. LEXIS 168555).

    Mealey's Banking & Finance - 9th Circuit Affirms Ruling For Wells Fargo On Mortgage Lending Claims

    PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on Dec. 6 affirmed a district court's decision to grant summary judgment on claims for violation of California's unfair competition law (UCL), negligence, wrongful foreclosure and other claims asserted against Wells Fargo Bank N.A., finding that the borrower failed to submit any disputed facts and that the claims were preempted (Dennly R. Becker v. Wells Fargo Bank, N.A.; Dennley R. Becker and Becker Trust Dated March 25, 1991 v. Wells Fargo Bank, NA, et al., No. 13-16772, Nos. 14-16783, 15-15322, 9th Cir.; 2016 U.S. App. LEXIS 21715).

    Mealey's IP/Tech - Federal Circuit Vacates, Remands Invalidation Of Spinal Fusion Patent

    WASHINGTON, D.C. - The Patent Trial and Appeal Board (PTAB) erred in deeming various claims of a spinal infusion patent invalid because it "failed to articulate a reason why" a person having ordinary skill in the art (PHOSITA) would have been motivated to modify and combine various prior art references to obtain the invention taught by NuVasive Inc.'s patented system and method, the Federal Circuit U.S. Court of Appeals ruled Dec. 7 (In re: NuVasive Inc., No. 15-1670, Fed. Cir.; 2016 U.S. App. LEXIS 21748).

    Mealey's Banking & Finance - 10th Circuit Affirms Bankruptcy Court's Dismissal Of Fraudulent Transfer Claims

    DENVER - The 10th Circuit U.S. Court of Appeals on Dec. 6 affirmed a bankruptcy court's decision to enter summary judgment against a debtor in relation to the sale of a property, finding that its claims for fraudulent transfer of the loan failed (In re: Expert South Tulsa LLC, Steven R. Rebein, Chapter 7 Trustee for Expert South Tulsa LLC, et al. v. Cornerstone Creek Partners, LLC, No. No. 15-3190, 10th Cir.; 2016 U.S. App. LEXIS 21704).

    Mealey's PI/Product Liability - Invokana Diabetes Drug MDL Created, Assigned To Judge Martinotti In New Jersey

    WASHINGTON, D.C. - Almost 100 federal lawsuits alleging that the diabetes drug Invokana causes diabetic ketoacidosis and kidney damages were centralized Dec. 7 before Judge Brian R. Martinotti of the U.S. District Court for the District of New Jersey (In Re: Invokana [Canagliflozin] Products Liability Litigation, MDL Docket No. 2750, JPMDL).

    Mealey's PI/Product Liability - Sperm Donor MDL Denied By Federal Judicial Panel; Minimal Cases Cited

    WASHINGTON, D.C. - Six federal lawsuits alleging that a sperm bank misrepresented the qualities of a donor do not need to be centralized in a multidistrict litigation, the Judicial Panel on Multidistrict Litigation (JPMDL) ruled Dec. 7 (In Re: Xytex Corporation Sperm Donor Products Liability Litigation, MDL Docket No. 2751, JPMDL).

    Mealey's Litigation Procedure - Plaintiffs In Suit Over Mercedes-Benz's Emissions Lack Standing, Judge Says

    NEWARK, N.J. - Plaintiffs in a class action suit alleging that Mercedes-Benz USA LLC misrepresented the efficiency of its BlueTec Clean Diesel vehicles lack standing to bring their action against the auto maker, a federal judge in New Jersey ruled Dec. 6, finding that the plaintiffs failed to show that the advertisements they allegedly relied on contained any false statements (In re: Mercedes-Benz Emissions Litigation, No. 16-881, D. N.J.; 2016 U.S. Dist. LEXIS 168535).

    Mealey's Antitrust/Unfair Competition - Federal Judge Allows Borrower To Amend Claims Against Loan Servicer

    SAN FRANCISCO - A California federal judge on Dec. 5 dismissed claims for wrongful foreclosure and violations of the California civil code against two mortgage-related entities but granted a borrower leave to file a second amended complaint against one lender in relation to the foreclosure of her property (Sadie S. Shaw v. Ocwen Loan Servicing LLC, et al., No. 15-cv-01755, N.D. Calif.; 2016 U.S. Dist. LEXIS 167720).

    Mealey's PI/Product Liability - Federal Judge Bars Opinion On Policies, Practices For Cleaning Spills At Airport

    SEATTLE - In a slip-and-fall case, an expert may testify as to the nature of an airport's floors when they become wet but cannot testify about the policies and practices for detecting and cleaning up spills, a Washington federal judge ruled Dec. 2 (Evelyne Suzanne Sudre, et al. v. The Port of Seattle, et al., No. 15-0928, W.D. Wash.; 2016 U.S. Dist. LEXIS 166882).

    Mealey's PI/Product Liability - Federal Judge: Registration, Illinois Contacts Insufficient For Jurisdiction

    BENTON, Ill. - Neither a company's registration to do business in a state nor its employment of individuals in the state rise to the levels required for jurisdiction, a federal judge in Illinois held in dismissing an asbestos action on Dec. 2 (Sylvia Perez, et al. v. Air And Liquid Systems Corp., et al., No. 16-842, S.D. Ill.; 2016 U.S. Dist. LEXIS 166645).

    Mealey's Litigation Procedure - Investor Group Appointed Lead Plaintiff In Lipocine Securities Class Action

    TRENTON, N.J. - A federal judge in New Jersey on Dec. 2 appointed an investor group as lead plaintiff in a securities class action lawsuit against a pharmaceutical company and certain of its executive officers, ruling that the investor group has the largest financial stake in the litigation and meets all statutory requirements to serve as lead plaintiff (David Lewis v. Lipocine Inc., et al. No. 16-4009, D. N.J. and Anthony Morassi, et al. v. Lipocine Inc., et al., No. 16-4067, D. N.J.; 2016 U.S. Dist. LEXIS 166532).