LexisNexis® Legal Newsroom
    Mealey's IP/Tech - Michigan Federal Judge Rejects Copyright Claim Over Computer Source Code

    DETROIT - Two defendants won summary judgment on allegations of copyright infringement Feb. 23 when a Michigan federal judge agreed that they were granted an implied, nonexclusive license to use a plaintiff's software code (Vasudeva Mahavisno v. Compendia Bioscience Inc., et al., No. 13-12207, E.D. Mich.; 2016 U.S. Dist. LEXIS 21588).

    Mealey's Bankruptcy - Rapid-American, Insurers Prepare For Summary Judgment Battle

    NEW YORK - Chapter 11 debtor Rapid-American Corp. and the three insurers that have not settled their coverage disputes with the debtor on Feb. 22 agreed to a briefing schedule and hearing date for Rapid-American's motions for summary judgment on the insurers' obligation to pay for asbestos personal injury claims (Rapid-American Corporation, et al. v. Travelers Casualty and Surety Company, et al., No. 15-01095, S.D. N.Y. Bkcy.).

    Mealey's Toxic Tort/Environmental - DuPont: Plaintiff Cannot Show Cancer Was Caused By C8 Exposure

    COLUMBUS, Ohio - E. I. du Pont de Nemours and Co., which was sued by Ohio residents who allege that the company is liable for personal injuries from exposure to perfluorooctanoic acid (known as C8), on Feb. 23 filed a brief in Ohio federal court arguing that one particular plaintiff cannot show that the company is liable for his cancer and, therefore, those claims should be dismissed (In re E.I. du Pont de Nemours and Co. C-8 Personal Injury Litigation, MDL No. 2433, No. 13-2433, S.D. Ohio).

    Mealey's PI/Product Liability - Some Plaintiffs' Counsel In Mirena MDL Ordered To Heed Ex Parte Limits

    NEW YORK - The New York federal judge overseeing the Mirena intrauterine device (IUD) multidistrict litigation on Feb. 23 ordered plaintiffs' counsel in three cases to certify that they are complying with the court's order on ex parte communications with treating physicians but denied defendant Bayer HealthCare Pharmaceuticals Inc.'s request for certifications from counsel in all other deposition pool cases (In Re: Mirena IUD Products Liability Litigation, MDL Docket No. 2434, S.D. N.Y.).

    Mealey's Insurance - Judge Dismisses Counterclaims Accusing State Farm Of Fraudulently Denying Claims

    ANN ARBOR, Mich. - A federal judge in Michigan on Feb. 22 granted State Farm Mutual Automobile Insurance Co.'s motion to dismiss counterclaims asserted by defendants accused of submitting fraudulent bills, ruling that they failed to sufficiently state claims that the insurer was engaged in a scheme to fraudulently deny and delay payments on the claims (State Farm Mutual Automobile Insurance Company v. Louis Radden, D.O., et al., No. 14-cv-13299, E.D. Mich.; 2016 U.S. Dist. LEXIS 20717).

    Mealey's Toxic Tort/Environmental - Judge Awards Summary Judgment To Dissolved Defendant In Cleanup Suit

    SOUTH BEND, Ind. - A federal judge in Indiana on Feb. 19 awarded summary judgment to a defendant company in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) lawsuit, holding that the plaintiff corporation was unable to show that the defendant contributed to contamination at the site and that the plaintiff failed to successfully challenge the defendant company's 2012 filing of a certificate of cancellation in Delaware (Anthony Wayne Corporation v. Elco Fastening Systems LLC, et al., No. 13CV1406-PPS, N.D. Ind.; 2016 U.S. Dist. LEXIS 20243).

    Mealey's Litigation Procedure - Judge Limits Professor's Opinion On Trash Conveyor In Defective Design Lawsuit

    PITTSBURGH - While a professor may testify as to the installation and removal of a trash conveyor and whether the conveyor had moved, he may not testify as to the necessity and value of the conveyor, a Pennsylvania federal judge ruled Feb. 22, granting and denying in part a motion to exclude testimony in a defective design lawsuit against manufacturers of the conveyor (Brandi L. McKenzie v. Dematic Corp., et al., No. 12-250, W.D. Pa.; 2016 U.S. Dist. LEXIS 21256).

    Mealey's PI/Product Liability - Appeals Court Affirms Ruling Finding Home Defects Suit Barred By Res Judicata

    KANSAS CITY, Mo. - A Missouri Court of Appeals panel on Feb. 23 affirmed a trial court's ruling that a homeowner's lawsuit was barred by the doctrine of res judicata, holding that he failed to present any evidence that a second lawsuit he filed against the home builder did not arise out of the same transaction or occurrence (H. David Roy v MBW Construction Inc., et al., No. WD78673, Mo. App., Western Dist., Div. 3; 2016 Mo. App. LEXIS 167).

    Mealey's Antitrust/Unfair Competition - 9th Circuit Finds Court Erred In Dismissing UCL And FAL Claims Against Game Maker

    PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on Feb. 19 reversed a decision that found alleged misrepresentations about video game packaging were not actionable under California's unfair competition law (UCL) or the False Advertising Act (FAL), reversing and remanding the case so that the claimants can amend their complaint (Bruce McMahon, et al. v. Take-two Interactive Software, Inc., No. 14-55296, 9th Cir.; 2016 U.S. App. LEXIS 2987).

    Mealey's Toxic Tort/Environmental - Appeals Court Finds No General Jurisdiction From Registering In State

    NEW YORK - Registering to do business and appointing an agent as required by Connecticut statute falls short of creating general jurisdiction, a Second Circuit U.S. Court of Appeals panel held Feb. 18 in affirming dismissal of an asbestos action (Cindy S. Brown, et al. v. Lockheed Martin Corp., et al., No. 14-4083, 2nd Cir.; 2016 U.S. App. LEXIS 2763).

    Mealey's Banking & Finance - 5th Circuit Finds Lenders Had Right To Foreclose On Property

    NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Feb. 22 affirmed a district court's dismissal of a former property owner's claims related to the foreclosure of his house, finding that nonwaiver provisions applied to this claims (Timothy Martin v. Federal National Mortgage Association, No. 15-41104, 5th Cir.; 2016 U.S. App. LEXIS 3082).

    Mealey's Toxic Tort/Environmental - Petition To Recall Michigan Governor Over Flint Water Crisis May Begin Circulating

    LANSING, Mich. - The Michigan State Board of Canvassers on Feb. 22 approved a petition to recall Gov. Rick Snyder in connection with decisions that preceded the lead contamination in the drinking water of the City of Flint.

    Mealey's PI/Product Liability - Jury Finds Florida Woman Was Not Engle Class Member

    PALM BEACH, Fla., - A Florida jury on Feb. 23 found that a woman who sued two tobacco companies claiming that they concealed the dangers of smoking from her was not a member of the Engle class and, therefore, entered a verdict in favor of the defense (Elizabeth Ann Smith, et al. v. R.J. Reynolds Tobacco Co., No. 2007-CA-023930, Fla. Cir., 15th Jud. Cir., Palm Beach Co.).

    Mealey's IP/Tech - U.S. Supreme Court Holds Oral Arguments In Consolidated Patent Cases

    WASHINGTON, D.C. - The "objective/subjective" test for enhanced patent damages - already rejected in the attorney fee context - came under fire Feb. 23 at the U.S. Supreme Court in one hour of consolidated argument covering two cases (Stryker Corp., et al. v. Zimmer Inc. and Zimmer Surgical, No. 14-1520; Halo Electronics Inc. v. Pulse Electronics Inc. and Pulse Electronics Corp., No. 14-1513, U.S. Sup.).

    Mealey's Toxic Tort/Environmental - Jury Awards $72M For Woman's Death From Talc Products Made By Johnson & Johnson

    ST. LOUIS - A jury in Missouri on Feb. 22 awarded the family of a woman who died from ovarian cancer $72 million in a lawsuit against Johnson & Johnson, finding that it was liable for her death as a result of her use of talc-containing products made by the company (Tiffany Hogans, et al. v. Johnson & Johnson, et al., No. 1422-CC-09012, Mo. Cir., St. Louis City, 22nd Jud. Dist.).

    Mealey's Antitrust/Unfair Competition - 1st Circuit: Antitrust Scrutiny Extends To Noncash Reverse Payments

    BOSTON - The U.S. Supreme Court's holding in Federal Trade Commission v. Actavis, Inc. (133 S.Ct. 2233 [2013]) is not limited to patent infringement settlement agreements that involve only reverse payments in pure cash form, the First Circuit U.S. Court of Appeals ruled Feb. 22, vacating and remanding a dispute over generic Loestrin 24 FE (In re: Loestrin 24 FE Antitrust Litigation, Nos. 14-2071, 15-1250, 1st Cir.; 2016 U.S. App. LEXIS 3049).

    Mealey's PI/Product Liability - Amtrak: 2nd Circuit Should Reject Insurers' 'Inconsistent Treatment' Of Contracts

    NEW YORK - Amtrak on Feb. 18 responded to its insurers' opposition to its appeal for the Second Circuit U.S. Court of Appeals to reverse a lower court's ruling that limited it to no more than $125 million in insurance coverage for what it alleges is more than $1 billion in estimated Superstorm Sandy damage (National Railroad Passenger Corp. v. Arch Specialty Insurance Co., et al., No. 15-2358, 2nd Cir.).

    Mealey's PI/Product Liability - Magistrate Judge Transfers Suit Over Defective Mortar Repair To New York

    NEWARK, N.J. - A federal magistrate judge in New Jersey on Feb. 22 transferred a lawsuit involving allegedly defective mortar repair made by Strongwall Industries Inc. to the U.S. District Court for the Southern District of New York, finding that the events giving rise to the lawsuit occurred in Manhattan (Central Construction Management LLC v. Strongwall Industries Inc., et al., No. 15-7342, D. N.J.; 2016 U.S. Dist. LEXIS 20771).

    Mealey's Insurance - Amtrak: 2nd Circuit Should Reject Insurers' 'Inconsistent Treatment' Of Contracts

    NEW YORK - Amtrak on Feb. 18 responded to its insurers' opposition to its appeal for the Second Circuit U.S. Court of Appeals to reverse a lower court's ruling that limited it to no more than $125 million in insurance coverage for what it alleges is more than $1 billion in estimated Superstorm Sandy damage (National Railroad Passenger Corp. v. Arch Specialty Insurance Co., et al., No. 15-2358, 2nd Cir.).

    Mealey's Litigation Procedure - Lyft Seeks Protective Order From Uber Subpoenas In Data Breach Suit

    SAN FRANCISCO - Asserting that Uber Technologies Inc. is using the discovery process in a lawsuit over a 2014 breach of its database to obtain proprietary and confidential information, Uber's competitor Lyft Inc. on Feb. 19 moved for a protective order in California federal court to prevent Uber from pursuing further discovery demands from a Lyft employee (Sasha Antman v. Uber Technologies Inc., et al., No. 3:15-cv-01175, N.D. Calif.).

    Mealey's Insurance - Judge Grants United States Stay Of Customs Bond Case Against Insolvent Insurer

    NEW YORK - A judge for the U.S. Court of International Trade on Feb. 18 granted the federal government's motion to stay a number of cases against an insurer in liquidation, where the government seeks allegedly unpaid supplemental antidumping duties covered by bonds issued by the insolvent insurer (United States v. Lincoln General Insurance Company, Nos. 13-cv-00084, 13-cv-00085, 13-cv-00086, 13-cv-00087, 13-cv-00088, 13-cv-00089, 13-cv-00090, 13-cv-00091 and 13-cv-00092, U.S. Internat. Trade).

    Mealey's Insurance - Insureds Provided Sufficient Evidence To Support Bad Faith Claim, Judge Rules

    PENDLETON, Ore. - Insureds have provided sufficient evidence showing that their homeowners insurance provider acted in bad faith in investigating their claims made after a fire damaged their home and personal property, a federal judge in Oregon ruled Feb. 19 in denying the insurer's motion for judgment as a matter of law or, in the alternative, for a new trial (Travis and Michelle Vail v. Country Mutual Insurance Co., No. 13-2029, D. Ore.; 2016 U.S. Dist. LEXIS 20140).

    Mealey's Banking & Finance - 3rd Circuit Affirms Decision Finding RESPA Claims Are Time-Barred

    PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Feb. 19 affirmed a district court's ruling that a proposed class's claims for violation of the Real Estate Settlement Procedures Act (RESPA) were time-barred, finding that the plaintiffs were not entitled to equitable tolling (Judith Cuningham, et al. v. M&T Bank Corp., et al., No. 15-1412, 3rd Cir.; 2016 U.S. App. LEXIS 2851).

    Mealey's Toxic Tort/Environmental - State Environmental Agency Settles MTBE Claims With 1 Defendant For $1.7M

    NEW YORK - A federal judge in New York on Feb. 19 approved a $1.7 million settlement between the New Jersey Department of Environmental Protection (NJDEP) and Duke Energy Merchants LLC (DEM), one of the defendants in a lawsuit seeking damages for groundwater contamination from methyl tertiary butyl ether (MTBE) (In Re: Methyl Tertiary Butyl Ether Products Liability Litigation, No. 00-1898, MDL 1358, New Jersey Department of Environmental Protection v. Atlantic Richfield Company, No. 08-0312, S.D. N.Y.; 2016 U.S. Dist. LEXIS 21263).

    Mealey's Insurance - Insureds Failed To Plead Issue Of Material Fact In Bad Faith Suit, Judge Rules

    McALLEN, Texas - A federal judge in Texas on Feb. 22 granted an insurer's motion for summary judgment in an insurance breach of contract and bad faith lawsuit, ruling that insureds have failed to raise an issue of material fact with regard to their breach of contract claim and thus cannot state a claim for relief with regard to their extracontractual claims (Mark Dizdar, et al. v. State Farm Lloyds, et al., No. 14-664, S.D. Texas; 2016 U.S. Dist. LEXIS 20871).