LexisNexis® Legal Newsroom
    Mealey's IP/Tech - Massachusetts Federal Judge Dismisses Contributory Patent Infringement Claims

    BOSTON - Allegations of direct, induced and willful patent infringement will proceed in Massachusetts federal court, but a claim for contributory patent infringement was dismissed Nov. 23 (Sunrise Technologies Inc. v. Cimcon Lighting Inc., No. 15-11545, D. Mass.; 2016 U.S. Dist. LEXIS 162557).

    Mealey's Toxic Tort/Environmental - Pennsylvania High Court Dismisses Asbestos Appeal Over Dangerous Product Question

    HARRISBURG, Pa. - The Pennsylvania Supreme Court on Nov. 22 dismissed as improvidently granted an appeal challenging whether a judge or jury properly decides if the lack of warnings on a product renders the product unreasonably dangerous (Thomas Amato and Jean Amato v. Bell & Gossett, et al., No. 5 EAP 2016, Charlotte Vinciguerra, et al. v. Bayer Cropscience Inc., et al., No. 4 EAP 2016, Pa. Sup.).

    Mealey's Insurance - 4th Circuit Affirms Ruling In Insurer's Favor In Breach Of Contract Suit

    RICHMOND, Va. - The Fourth Circuit U.S. Court of Appeals on Nov. 22 affirmed a lower federal court's ruling in favor of an insurer in a lawyer and his consulting firm's lawsuit alleging breach of contract, unjust enrichment, conversion, unauthorized use of name and trademark and copyright infringement (Devil's Advocate LLC, et al. v. Zurich American Insurance Co., No. 15-1048, 4th Cir.; 2016 U.S. App. LEXIS 20952).

    Mealey's Bankruptcy - Insurer Loses Bid For Judgment On Liquidating Trust's Payment Claims

    OAKLAND, Calif. - An asbestos personal injury liquidating trust properly submitted proposals to an insurer regarding the payment of allowed claims that triggered the insurer's policies and did not violate two debtors' plan of reorganization by allocating to the insurer 100 percent of the liquidated value of each approved unpaid claim, a California federal bankruptcy judge held Nov. 21 (In re CFB Liquidating Corporation, f/k/a Chicago Fire Brick Co., et al., No. 01-45483, [Barry A. Chatz, as Trustee for the CFB/WFB Liquidating Trust v. Continental Casualty Company, No. 15-4136] N.D. Calif. Bkcy.; 2016 Bankr. LEXIS 4034).

    Mealey's Insurance - Insureds' Liability Must Be Resolved Before Coverage Issues, New Jersey Panel Says

    TRENTON, N.J. - Insurers' coverage obligations in a mold damages suit can be adjudicated only after the insureds' liability for the damages caused by the mold contamination is resolved, the Appellate Division of the New Jersey Superior Court determined Nov. 21 (Larry Chenault v. Victory Highlands Condominium Association Inc., et al., Nos. A-3626-14T4, A-3627-14T4, A-3628-14T4, N.J. Super., App. Div.; 2016 N.J. Super. Unpub. LEXIS 2500).

    Mealey's PI/Product Liability - Kentucky Appellate Panel Vacates Summary Judgment In Premises Liability Suit

    FRANKFORT, Ky. - On remand from the state Supreme Court, the Kentucky Court of Appeals on Nov. 23 vacated a summary judgment order from a trial court in a premises liability suit after finding that a "land possessor's general duty of ordinary care is not eliminated simply because a hazard is obvious" (Robert Resnick, et al. v. Charles Omer Patterson, No. 2011-CA-001657-MR, Ky. App.; 2016 Ky. App. LEXIS 191).

    Mealey's IP/Tech - 11th Circuit Affirms: Copyright Claims Barred By Settlement Agreement

    ATLANTA - Finding no error in a Georgia federal judge's conclusion that a plaintiff released its claims for copyright infringement in a previous settlement agreement with third-party retailer Lands' End, the 11th Circuit U.S. Court of Appeals on Nov. 22 affirmed a grant of summary judgment on behalf of four defendants (Genesys Software Systems v. Ceridian Corporation, et. al., No. 16-10773, 11th Cir.; 2016 U.S. App. LEXIS 20914).

    Mealey's Banking & Finance - 9th Circuit Affirms Dismissal Of TILA And RESPA Claims Against Lenders

    PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on Nov. 23 dismissed an appeal of a borrower's claims for violation of the Truth in Lending Act (TILA) and the Real Estate Settlement Procedures Act (RESPA), finding that a letter he sent was not considered a qualified written request and that his TILA claim was barred by a statute of limitations (Joseph A. Guerra v. Just Mortgage, Inc., et al., No. 13-16725, 9th Cir.; 2016 U.S. App. LEXIS 21108).

    Mealey's Labor & Employment - D.C. Federal Judge Denies Motion For Injunction Staying Fiduciary Rule

    WASHINGTON, D.C. - A District of Columbia federal judge on Nov. 23 denied the National Association for Fixed Annuities' (NAFA) motion for a preliminary injunction staying the applicability date of the new U.S. Department of Labor (DOL) rule regulating conflicts of interest in the market for retirement investment advice, saying that NAFA has failed to show irreparable damage if the injunction is not granted and that harm could occur if the rule is not in force (National Association for Fixed Annuities v. Thomas E. Perez, No. 16-1035, D. D.C.; 2016 U.S. Dist. LEXIS 162428).

    Mealey's Litigation Procedure - Bank, Payment Processing Subsidiary Settle RICO Class Suit For $37.5M

    PHILADELPHIA - A Pennsylvania federal magistrate judge on Nov. 21 granted final approval of a $37.5 million settlement to be paid by Zions National Bank and its former payment processing subsidiary to end a class complaint accusing the companies of knowingly processing payments for fraudulent telemarketers (Reynaldo Reyes, et al. v. Zions First National Bank, et al., No. 10-345, E.D. Pa.).

    Mealey's Banking & Finance - 9th Circuit Finds No Support For Borrower's UCL And Negligence Claims

    SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Nov. 23 affirmed a district court's decision to dismiss claims for negligence and violation of California's unfair competition law (UCL), finding that a borrower's claims related to the transfer of his mortgage lacked legal or factual support (George M. Kramer v. Quality Loan Servicing Corporation, et al., No. 14-15973, 9th Cir.; 2016 U.S. App. LEXIS 21096).

    Mealey's Toxic Tort/Environmental - Flint Water Crisis Plaintiffs: Defense Motion To Change Venue Should Be Denied

    GRAND RAPIDS, Mich. - Michigan residents who allege that state employees are liable for the lead-contaminated water crisis in Flint, Mich., on Nov. 22 filed a brief in Michigan federal court arguing that the court should deny the defendants' motion to stay proceedings pending a final decision on their motion to change venue because the defendants' "purported concerns" do not justify a stay (Tamara Nappier v. Richard Snyder, et al., No. 16-636, W.D. Mich.).

    Mealey's Insurance - Insured Timely Notified Insurer Of Only 1 Pending Suit, Federal Judge Says

    NEW YORK - A New York federal judge on Nov. 21 amended a prior ruling entered in favor of an insured to clarify that the insured timely notified the insurer of only one underlying suit pending against it and not two suits pending against it (Olin Corp. v. Insurance Company of North America, et al., No. 84-1968, S.D. N.Y.; 2016 U.S. Dist. LEXIS 161542).

    Mealey's PI/Product Liability - 1st Circuit Affirms Dismissal Of Actos Prediabetes Off-Label False Claims Lawsuit

    BOSTON - The First Circuit U.S. Court of Appeals on Nov. 22 affirmed dismissal of an Actos off-label whistle-blower lawsuit, agreeing with a lower court judge that the relator failed to plead that the alleged actions resulted in false claims being filed with state Medicare programs (Peter W. Lawton, ex rel. United States of America v. Takeda Pharmaceutical Company, Ltd., et al., No. 16-1382, 1st Cir.; 2016 U.S. App. LEXIS 20943).

    Mealey's Labor & Employment - Texas Federal Judge Issues Preliminary Injunction Against DOL Wages Rule

    SHERMAN, Texas - A Texas federal judge on Nov. 22 issued a nationwide preliminary injunction requested by the state of Nevada and 20 other states barring the U.S. Department of Labor (DOL) wage rule that was to increase the minimum salary level for executive, administrative and professional (EAP) employees who are exempt from receiving overtime pay from $23,660 per year to $47,892 per year from taking effect on Dec. 1 (State of Nevada, et al. v. United States Department of Labor, et al., No. 16-731, E.D. Texas; 2016 U.S. Dist. LEXIS 162048).

    Mealey's PI/Product Liability - 6th Circuit Denies Appeal Of Dow Breast Implant Order By Korean Claimants

    CINCINNATI - A Sixth Circuit U.S. Court of Appeals panel on Nov. 23 affirmed a consent order that resulted in certain Korean women being denied injury claims from the Dow Corning Corp. silicone breast implant settlement (In Re: Settlement Facility Dow Corning Trust, Korean Claimants v. Debtor's Representatives, et al., No. 15-2548, 6th Cir.; 2016 U.S. App. LEXIS 21167).

    Mealey's Health Law - Pennsylvania Federal Judge: ERISA Controls Breach Of Contract, Fiduciary Duty Claims

    PHILADELPHIA - A Pennsylvania federal judge in an opinion filed Nov. 18 denied a plaintiff's motion to remand a case alleging improper denial of claims under an Employee Retirement Income Security Act-qualified health plan to state court, saying that claims for breach of contract and breach of fiduciary duty are properly brought under ERISA (Eric A. Shore P.C. v. Independence Blue Cross, et al., No. 16-5224, E.D. Pa.; 2016 U.S. Dist. LEXIS 160022).

    Mealey's Litigation Procedure - Texas Federal Judge Withholds Ruling On Proposed $8.8 Million ERISA Class Action Settlement

    FORT WORTH, Texas - A Texas federal judge on Nov. 18 withheld ruling on a plaintiffs' motion for conditional certification and preliminary approval of an $8.8 million Employee Retirement Income Security Act class action settlement, saying that he did not have enough information to conclude that the proposed settlement should be approved as being fair, reasonable and adequate to the members of the proposed class (Salvador Ortiz, et al. v. American Airlines Inc., et al., No. 4:16-cv-151, N.D. Texas; 2016 U.S. Dist. LEXIS 160588).

    Mealey's PI/Product Liability - Pa. Top Court Affirms Experts' Cumulative Exposure Testimony In $1M Asbestos Case

    HARRISBURG, Pa. - Expert testimony that every dose of asbestos contributes to the cumulative total simply states accepted scientific fact and is not the type of "every exposure" testimony rejected by precedent, a divided Pennsylvania Supreme Court held Nov. 22 in affirming a nearly $1 million verdict (Richard Rost and Joyce Rost v. Ford Motor Co., No. 56 EAP 2014, Pa. Sup.).

    Mealey's PI/Product Liability - 3rd Circuit: Judge's Standard Too Strict In Remanding Boeing Asbestos Case

    PHILADELPHIA - Federal contractors must only present a colorable federal defense for removal and are not subject to a special standard requiring that they prove their case to prevail against a motion to remand, a Third Circuit U.S. Court of Appeals panel held Nov. 22 (Steven Papp, et al. v. Fore-Kast Sales Co. Inc., et al., No. 15-2851, 3rd Cir.; 2016 U.S. App. LEXIS 20924).

    Mealey's PI/Product Liability - Former NFL Players Seek Change To CBA To Protect Living Players With CTE

    FORT LAUDERDALE, Fla. - Thirty-eight former National Football League (NFL) players on Nov. 21 filed suit in Florida federal court against the league and the teams that comprise, claiming that they were not protected from the dangers of concussions and not warned about chronic traumatic encephalopathy (CTE) (Tony Gaiter, et al. v. National Football League Inc., et al., No. 0:16-cv-62755-BB, S.D. Fla.).

    Mealey's Toxic Tort/Environmental - Fertilizer Maker: Tainted Groundwater Case Fails; Jurisdiction Lacking

    TAMPA, Fla. - Fertilizer manufacturers who are being sued for groundwater contamination allegedly connected to an incident at their plant moved in federal court in Florida on Nov. 21, contending that the case should be dismissed because the plaintiffs' complaint "does not contain a single allegation that" contaminants have been detected beyond the borders of the property where the plant is located and because jurisdiction is lacking (Nicholas Bohn, et al. v. The Mosaic Company, et al., No. 16-02724, M.D. Fla.).

    Mealey's Bankruptcy - Judge Vetoes Eagle's Disclosure Statement, Sets Hearing On Dismissal Of Case

    NEW ORLEANS - A Louisiana federal bankruptcy judge on Nov. 18 rejected the disclosure statement for the plan of reorganization of Chapter 11 debtor Eagle Inc. and ordered the company to show why the case should not be dismissed for failure to file a disclosure statement or a feasible reorganization plan (In re: Eagle, Inc., No. 15-12437, E.D. La. Bkcy.).

    Mealey's Bankruptcy - Kaiser Gypsum Wards Off Asbestos Claimants' Attempt To Transfer Case

    CHARLOTTE, N.C. - A North Carolina federal bankruptcy judge, in a Nov. 22 minute order, denied a request by five asbestos personal injury claimants to transfer the recent Chapter 11 case of former gypsum plaster and wallboard manufacturer Kaiser Gypsum Co. Inc. to the U.S. District Court for the Western District of Washington (In re Kaiser Gypsum Company, Inc., at al., No. 16-31602, W.D. N.C. Bkcy.).

    Mealey's IP/Tech - Facebook Request For Covered Business Method Review Denied By Board

    ALEXANDRIA, Va. - Assertions by Facebook Inc. that a patented method of wirelessly delivering digital audio and visual files claims ineligible subject matter pursuant to 35 U.S. Code Section 101 will not be reached in light of a Nov. 23 ruling by the Patent Trial and Appeal Board (Facebook Inc. v. Skyy LLC, No. CBM2016-00091, PTAB).