LexisNexis® Legal Newsroom
Mealey's Toxic Tort/Environmental - Glass Manufacturer Seeking Permits To Remediate Groundwater Contamination

PITTSBURGH - Glass manufacturer PPG Industries Inc. on Jan. 22 filed a status report in a Pennsylvania federal court regarding its ongoing permitting activities pertaining to remedies for areas that the Pennsylvania Department of Environmental Protection (DEP) has determined are contaminated by PPG's manufacturing activities (PennEnvironment, et al. v. PPG Industries Inc., et al. v. AS America Inc., et al., No. 12-342, W.D. Pa.).

Mealey's Labor & Employment - Plan Participants Appeal Dismissal Of Underperforming Funds Suit, Seek Reversal

PHILADELPHIA - A district court erred in dismissing claims filed by a group of University of Pennsylvania Matching Plan participants and beneficiaries against the University of Pennsylvania and the university's vice president of human resources because the participants alleged facts showing that the defendants breached their fiduciary duties by failing to monitor the plan's fees, the participants argue in a Jan. 19 brief to the Third Circuit U.S. Court of Appeals (Jennifer Sweda, et al. v. The University of Pennsylvania, et al., No. 17-3244, 3rd Cir.).

Mealey's Banking & Finance - Judge Grants Judgment To Mortgagors, Reinsurer On RESPA, Unjust Enrichment Claims

PITTSBURGH - In a mortgage insurance reinsurance scheme case, a Pennsylvania federal judge on Jan. 19 granted judgment on the pleadings to mortgagors and a reinsurer with regard to a Real Estate Settlement Procedures Act (RESPA) claim and an unjust enrichment claim (Linda Menichino, et al. v. Citibank, N.A., et al., No. 12-00058, W.D. Pa., 2018 U.S. Dist. LEXIS 8648).

Mealey's Labor & Employment - New Settlement Proposed In Former Jiffy Lube Technician's Wage Dispute

PHILADELPHIA - A former employee of Mid-Atlantic Lubes Inc., traded as Jiffy Lube, filed a new joint settlement agreement and petition for attorney fees on Jan. 19 in his wage lawsuit, 10 days after a Pennsylvania federal judge rejected the first proposed settlement for containing release provisions that were too broad (David Hoover, et al. v. Mid-Atlantic Lubes, Inc., et al., No. 16-64, E.D. Pa., 2018 U.S. Dist. LEXIS 7480).

Mealey's Insurance - Judge Grants Judgment To Mortgagors, Reinsurer On RESPA, Unjust Enrichment Claims

PITTSBURGH - In a mortgage insurance reinsurance scheme case, a Pennsylvania federal judge on Jan. 19 granted judgment on the pleadings to mortgagors and a reinsurer with regard to a Real Estate Settlement Procedures Act (RESPA) claim and an unjust enrichment claim (Linda Menichino, et al. v. Citibank, N.A., et al., No. 12-00058, W.D. Pa., 2018 U.S. Dist. LEXIS 8648).

Mealey's Insurance - No Coverage Owed For Cleanup Costs Incurred As The Result Of Oil Tank Leak

PHILADELPHIA - A Pennsylvania federal judge on Jan. 19 granted an insurer's motion for summary judgment after determining that the policy's pollution exclusion clearly bars coverage for cleanup costs incurred by the insureds as a result of a heating oil tank leak (Irl S. Barg et al. v. Encompass Home & Auto Insurance Co., No. 16-6049, E.D. Pa., 2018 U.S. Dist. LEXIS 8951).

Mealey's PI/Product Liability-Appeals Panel Orders Medical Malpractice Trial Be Held In Philadelphia

HARRISBURG, Pa. - A panel of the Pennsylvania Superior Court on Jan. 18 reversed a trial court's order to transfer a medical malpractice and wrongful death suit to a different venue after finding that the court abused its discretion because there is no evidence that a trial in the original court would be "vexatious" (Paige Moody, et al. v. Lehigh Valley Hospital-Cedar Crest, No. 3580 EDA 2016, Pa. Super., 2018 Pa. Super. LEXIS 28).

Mealey's PI/Product Liability - Judge Refuses To Remand Fraud Suit For Improper Service To Defendant Doctor

PHILADELPHIA - A federal judge in Pennsylvania on Jan. 12 denied a motion to remand filed by Aetna Inc. and Aetna Health Management LLC, finding that their attempt to provide service to a defendant doctor accused of conspiring to submit claims for an opioid-based pain medication for cancer patients was improper because the complaint was not sent to a location with a person who could accept service on his behalf (Aetna Inc., et al. v. Insys Therapeutics Inc., et al., No. 17-4812, E.D. Pa., 2018 U.S. Dist. LEXIS 6943).

Mealey's Health Law - Judge Refuses To Remand Fraud Suit For Improper Service To Defendant Doctor

PHILADELPHIA - A federal judge in Pennsylvania on Jan. 12 denied a motion to remand filed by Aetna Inc. and Aetna Health Management LLC, finding that their attempt to provide service to a defendant doctor accused of conspiring to submit claims for an opioid-based pain medication for cancer patients was improper because the complaint was not sent to a location with a person who could accept service on his behalf (Aetna Inc., et al. v. Insys Therapeutics Inc., et al., No. 17-4812, E.D. Pa., 2018 U.S. Dist. LEXIS 6943).

Mealey's Insurance - Judge Refuses To Remand Fraud Suit For Improper Service To Defendant Doctor

PHILADELPHIA - A federal judge in Pennsylvania on Jan. 12 denied a motion to remand filed by Aetna Inc. and Aetna Health Management LLC, finding that their attempt to provide service to a defendant doctor accused of conspiring to submit claims for an opioid-based pain medication for cancer patients was improper because the complaint was not sent to a location with a person who could accept service on his behalf (Aetna Inc., et al. v. Insys Therapeutics Inc., et al., No. 17-4812, E.D. Pa., 2018 U.S. Dist. LEXIS 6943).

Mealey's Banking & Finance - Judge Allows Philadelphia's FHA Claims Against Wells Fargo To Proceed

PHILADELPHIA - A Pennsylvania federal judge on Jan. 16 refused to dismiss claims for violation of the Fair Housing Act (FHA), finding that the City of Philadelphia sufficiently pleaded allegations to allow claims that a bank engaged in discriminatory lending practices in minority communities within the city to proceed (City of Philadelphia v. Wells Fargo & Co., et al., No. 17-2203, E.D. Pa., 2018 U.S. Dist. LEXIS 6443).

Mealey's Insurance - Federal Jurisdiction Exists Over Carbon Monoxide Poisoning Coverage Suit

PHILADELPHIA - A Pennsylvania federal judge on Jan. 12 determined that exercising federal jurisdiction over an insurer's suit seeking a coverage declaration for an underlying carbon monoxide poisoning suit filed against an insured is appropriate because the insurer's suit and the underlying suit are not parallel proceedings (Foremost Insurance Co. v. Nosam LLC, et al., No. 17-2843, E.D. Pa., 2018 U.S. Dist. LEXIS 6645).

Mealey's Insurance - Judge Declines To Dismiss Insurer's Coverage Dispute Over Faulty Workmanship

HARRISBURG, Pa. - A Pennsylvania federal judge on Jan. 11 refused to dismiss for failure to join indispensable parties an insurer's lawsuit seeking a declaration that it has no duty to defend or indemnify an insured in a breach of contract case (Atlantic Casualty Insurance Co. v. Dover Roofing & General Remodeling Exteriors Unlimited Inc., No. 17-228, M.D. Pa., 2018 U.S. Dist. LEXIS 4814).

Mealey's PI/Product Liability - Pennsylvania Judge Grants JNOV In 1st Xarelto Case, Voids $27.8M Award

PHILADELPHIA - A Pennsylvania judge on Jan. 10 granted judgment notwithstanding the verdict in the state's first Xarelto trial, vacating a $27.8 million plaintiff verdict (Hartman v. Janssen Pharmaceuticals, Inc., et al., No. 160503416, Pa. Comm. Pls., Philadelphia Co.).

Mealey's IP/Tech - Certiorari Denied In Dispute Over Fee Award In Longstanding Patent Case

WASHINGTON, D.C. - A June 2017 decision by the Federal Circuit U.S. Court of Appeals to reverse, for a second time, a Pennsylvania federal judge's award of attorney fees on behalf of a prevailing patent defendant will stand, thanks to a denial of certiorari in the case Jan. 8 by the U.S. Supreme Court (All-Tag Security S.A. v. Checkpoint Systems Inc., No. 17-519, U.S. Sup.).

Mealey's PI/Product Liability - Pennsylvania Appeals Court Reverses Punitives Ban In Risperdal Gynecomastia Case

PHILADELPHIA - A Pennsylvania appeals court on Jan. 8 reversed a trial court ruling barring punitive damages in a Risperdal gynecomastia case, saying the court needs to evaluate whether punitives are allowed by Wisconsin law (Timothy Stange v. Janssen Pharmaceuticals, Inc., et al., Nos. 739 EDA 2016 and 1549 EDA 2016, Pa. Super., 2018 Pa. Super. LEXIS 11).

Mealey's Litigation Procedure - Pennsylvania Judge Certifies Class Alleging City's Trash Charges Are Excessive

SCRANTON, Pa. - A Pennsylvania resident may proceed with his class action accusing the city where he lives of overcharging residents for trash services, a Pennsylvania judge ruled Jan. 2, granting the motion for class certification (Adam Guiffrida v. City of Scranton, No. 2016-CV-6933, Pa. Comm. Pls., Lackawanna Co.).

Mealey's PI/Product Liability - Pennsylvania Court Remands $6.4M Asbestos Verdict For New Trial On Liability

PHILADELPHIA - Pennsylvania law all but eradicating joint and several liability applies to strict liability asbestos cases, a state appellate court held in remanding for a new trial on the issue of liability Dec. 28 (William Roverano, et al. v. John Crane Inc. et al., Nos. 2837 EDA 2016, 2847 EDA 2016, Pa. Super.)

Mealey's Litigation Procedure - Pennsylvania Court Remands $6.4M Asbestos Verdict For New Trial On Liability

PHILADELPHIA - Pennsylvania law all but eradicating joint and several liability applies to strict liability asbestos cases, a state appellate court held in remanding for a new trial on the issue of liability Dec. 28 (William Roverano, et al. v. John Crane Inc. et al., Nos. 2837 EDA 2016, 2847 EDA 2016, Pa. Super.)

Mealey's Toxic Tort/Environmental - Pennsylvania Court Remands $6.4M Asbestos Verdict For New Trial On Liability

PHILADELPHIA - Pennsylvania law all but eradicating joint and several liability applies to strict liability asbestos cases, a state appellate court held in remanding for a new trial on the issue of liability Dec. 28 (William Roverano, et al. v. John Crane Inc. et al., Nos. 2837 EDA 2016, 2847 EDA 2016, Pa. Super.).

Mealey's PI/Product Liability - Appeals Court Affirms Woman's $154 Award For Improperly Installed Subflooring

PITTSBURGH - A woman is not entitled to more than the $154 she was awarded following a bench trial over a contractor's alleged improper installation of subflooring following mold remediation, a Pennsylvania appeals court panel ruled Dec. 15, finding that other costs associated with repairing the mistake were outside the terms of their agreement (Myrna Cohen v. JS Associated Service, No. 390 WDA 2017, Pa. Super., 2017 Pa. Super. Unpub. LEXIS 4609).

Mealey's PI/Product Liability - Pennsylvania Appeals Court Affirms $29.6M Remitted Zimmer Knee Judgment

PHILADELPHIA - A Pennsylvania appeals court panel on Dec. 15 said a trial judge did not err when remitting a Zimmer Inc. knee verdict to $29.6 million and said it declined to substitute its judgment in place of the jury's (Margo Polett, et al. v. Public Communications, Inc., et al., No. 80 EDA 2017, Pa. Super., 2017 Pa. Super. Unpub. LEXIS 4603).

Mealey's PI/Product Liability - Federal Judge Grants Summary Judgment To Hotel In Assault Suit

PHILADELPHIA - A federal judge in Pennsylvania on Dec. 15 granted a hotel's motion for summary judgment to a hotel after finding that a woman who claims that she was assaulted by a massage therapist employed by a gym in the hotel did not provide a cause of action to "hold the hotel liable for the torts of the independent contractor gym" (Elena Myers Court v. Loews Philadelphia Hotel, Inc., et al., No. 16-4848, E.D. Pa., 2017 U.S. Dist. LEXIS 206378).

Mealey's Litigation Procedure - Pennsylvania Supreme Court Won't Hear Appeal Of Zoloft Expert's Exclusion

PHILADELPHIA - The Pennsylvania Supreme Court on Dec. 13 denied a petition to review a Zoloft birth defect case that was dismissed when the plaintiffs' causation expert was excluded by the trial court (Robert and Katherine Porter, et al. v. SmithKline Beecham Corporation, et al., No. 257 EAL 2017, Pa. Sup., Eastern Dist., 2017 Pa. LEXIS 3661).

Mealey's Insurance - Insured Can't Show That Remand Is Necessary In Bad Faith Suit, Judge Rules

PITTSBURGH - An insured has failed to show that remand of his insurance breach of contract and bad faith lawsuit to state court is necessary since he asserts only claims under state law and, thus, a federal district court lacks jurisdiction over the claims because the insured does not seek a declaratory judgment and because he seeks damages in excess of the statutory limits, a federal magistrate judge in Pennsylvania ruled Dec. 12 in denying the insured's motion (Adam Carney v. GEICO, No. 17-1486, W.D. Pa., 2017 U.S. Dist. LEXIS 205042).