LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Pennsylvania Appeals Court Affirms Plaintiff Experts' Exclusion In Fixodent Cases

PHILADELPHIA - A Pennsylvania appeals panel on Nov. 12 affirmed summary judgment against the last 12 Fixodent denture cream plaintiffs based on the exclusion of their four general causation expert witnesses (In Re: Denture Adhesive Cream Litigation, No. 915 EDA 2014, Pa. Super.).

Mealey's Insurance - Pennsylvania Appeals Panel: Consistently False Statements Supported Fraud Conviction

PHILADELPHIA - A Pennsylvania Superior Court panel on Nov. 10 affirmed a woman's conviction on counts of attempted theft by deception and insurance fraud, ruling that the defendant's consistently false statements to her insurance company were sufficient to support the jury's finding (Commonwealth v. Kim A. Zaffino, No. 3261 EDA 2014, Pa. Super.; 2015 Pa. Supr. Unpub. LEXIS 4100).

Mealey's Antitrust/Unfair Competition - Pennsylvania Federal Judge Rejects Comcast Cable Box Settlement

PHILADELPHIA -

Mealey's Litigation Procedure - Pennsylvania Federal Judge Rejects Comcast Cable Box Settlement

PHILADELPHIA - A Pennsylvania federal judge on Nov. 5 denied preliminary approval of a third amended class action settlement in a multidistrict litigation accusing Comcast Corp. of unlawfully tying the sale of premium cable to the rental of a set-top box from the company, finding that the settlement class was not ascertainable (In Re: Comcast Corp. Set-Top Cable Television Box Antitrust Litigation, No. 09-2034, E.D. Pa.; 2015 U.S. Dist. LEXIS 150160).

Mealey's Bankruptcy - New Fraud Evidence Must Be Considered For Pittsburgh Corning's Plan, Insurers Say

PITTSBURGH - A Pennsylvania federal court erred when it failed to consider that fraud occurred in asbestos claimant voting on Pittsburgh Corning Corp.'s Chapter 11 plan of reorganization and that the fraud was "inherently and critically tied to procurement of the confirmation order," two insurance companies told the Third Circuit U.S. Court of Appeals on Nov. 9 (Mt. McKinley Insurance Company, et al. v. Pittsburgh Corning Corporation, Nos. 15-2954, 14-4329, 3rd Cir.).

Mealey's PI/Product Liability - Pennsylvania Jury Awards $1.75M In Risperdal Gynecomastia Case

PHILADELPHIA - A Pennsylvania state court jury on Nov. 9 awarded $1.75 million to a man who said his use of the atypical antipsychotic drug Risperdal from as young as 4 years old caused him to develop enlarged breasts in his adolescence (Nicholas Murray v. Janssen Pharmaceuticals, Inc., et al., No. 130401990, Pa. Comm. Pls., Philadelphia Co.).

Mealey's Bankruptcy - Pennsylvania Insurer Placed Into Liquidation; Judge Enjoins All Related Lawsuits

HARRISBURG, Pa. - A Pennsylvania judge on Nov. 5 granted the state's insurance commissioner's petition to place an insurer into liquidation (In re: Lincoln General Insurance Company In Liquidation, No. 1 LIN 2015, Pa. Cmwlth.).

Mealey's Insurance - Pennsylvania Insurer Placed Into Liquidation; Judge Enjoins All Related Lawsuits

HARRISBURG, Pa. - A Pennsylvania judge on Nov. 5 granted the state's insurance commissioner's petition to place an insurer into liquidation (In re: Lincoln General Insurance Company In Liquidation, No. 1 LIN 2015, Pa. Cmwlth.).

Mealey's Insurance - Judge Declines To Dismiss Lawsuit On Coverage For Insured's Poor Workmanship

PITTSBURGH - A Pennsylvania federal judge on Nov. 4 refused to dismiss on jurisdiction grounds an insurer's coverage case against its insured regarding the duty to defend and indemnify a breach of contract action for the insured's alleged poor work in a premanufactured home (Employers Mutual Casualty Co. v. Black's Home Sales, No. 15-07, W.D. Pa.; 2015 U.S. Dist. LEXIS 149838).

Mealey's PI/Product Liability - Federal Judge Bars Expert Testimony In Products Liability Case As Untimely

PITTSBURGH - Citing the untimeliness of an expert report in a products liability case, a Pennsylvania federal judge on Nov 3 excluded testimony that the absence of markings on a fire extinguisher shows that a plaintiff did not attempt to use it (Gretchen McDaniel, Matthew McDaniel and Allstate Property and Casualty Insurance Co. v. Kidde Residential & Commercial and Sam's Club, No. 12-1439, W.D. Pa.; 2015 U.S. Dist. LEXIS 148892).

Mealey's Insurance - Judge Severs Insurance Bad Faith Claim From Amended Complaint

TRENTON, N.J. - An insurer has shown that severing an insurance bad faith claim from an amended complaint pending resolution of an insured's breach of contract claim is proper because the insurer has met the statutory requirements for severing a claim, a federal judge in New Jersey ruled Nov. 2 (Bridgewater Wholesalers Inc. v. Pennsylvania Lumbermans Mutual Insurance Co., No. 14-3684, D. N.J.; 2015 U.S. Dist. LEXIS 148551).

Mealey's Litigation Procedure - Federal Judge Bars Expert Testimony In Products Liability Case As Untimely

PITTSBURGH - Citing the untimeliness of an expert report in a products liability case, a Pennsylvania federal judge on Nov. 3 excluded testimony that the absence of markings on a fire extinguisher shows that a plaintiff did not attempt to use it (Gretchen McDaniel, Matthew McDaniel and Allstate Property and Casualty Insurance Co. v. Kidde Residential & Commercial and Sam's Club, No. 12-1439, W.D. Pa.; 2015 U.S. Dist. LEXIS 148892).

Mealey's Bankruptcy - Pennsylvania Judge Orders Liquidation, Makes Insurance Commissioner Liquidator

HARRISBURG, Pa. - A Pennsylvania judge on Oct. 30 ordered the liquidation of an insurer following the consent to the liquidation by the insurer's sole shareholder (In re: Regis Insurance Company In Liquidation, No. 1 REG 2015, Pa. Cmwlth.).

Mealey's Insurance - Pennsylvania Judge Orders Liquidation, Makes Insurance Commissioner Liquidator

HARRISBURG, Pa. - A Pennsylvania judge on Oct. 30 ordered the liquidation of an insurer following the consent to the liquidation by the insurer's sole shareholder (In re: Regis Insurance Company In Liquidation, No. 1 REG 2015, Pa. Cmwlth.).

Mealey's Litigation Procedure - Shareholders, Bank Of America Reach $335M Settlement In Securities Suit

WASHINGTON, D.C. - Shareholders and Bank of America Corp. (BoA) have agreed to a $335 million settlement in a securities class action lawsuit alleging that BoA and certain executive officers and directors issued misrepresentations in connection with the sale of mortgage-backed securities (MBS) in violation of federal securities laws, according to documents filed Oct. 30 with the Securities and Exchange Commission (Pennsylvania Public School Employees' Retirement System v. Bank of America Corp., et al., No. 11-733, S.D. N.Y.).

Mealey's Securities/D&O Liability - Shareholders, Bank Of America Reach $335M Settlement In Securities Suit

WASHINGTON, D.C. - Shareholders and Bank of America Corp. (BoA) have agreed to a $335 million settlement in a securities class action lawsuit alleging that BoA and certain executive officers and directors issued misrepresentations in connection with the sale of mortgage-backed securities (MBS) in violation of federal securities laws, according to documents filed Oct. 30 with the Securities and Exchange Commission (Pennsylvania Public School Employees' Retirement System v. Bank of America Corp., et al., No. 11-733, S.D. N.Y.).

Mealey's Insurance - Judge OKs $330,117 Settlement Between Liquidation Estate, Guaranty Associations

HARRISBURG, Pa. - A Pennsylvania judge on Oct. 23 approved a settlement agreement between the estate of an insolvent insurer and a number of states' insurance guaranty associations (In re: Reliance Insurance Company in Liquidation, No. 1 REL 2001; California Insurance Guarantee Association, Objector v. Reliance Insurance Company in Liquidation, No. 3 REL 2014; California Insurance Guarantee Association, Objector v. Reliance Insurance Company in Liquidation, No. 4 REL 2014, Pa. Cmwlth.).

Mealey's Litigation Procedure - Magistrate Judge Allows Doctor's Testimony In Excessive Force Lawsuit

SCRANTON, Pa. - A doctor's testimony is limited to the extent that it references the reasonableness or excessiveness of the force used by a police officer, a Pennsylvania federal magistrate judge ruled Oct. 26 (Jami Sargent v. Commonwealth of Pennsylvania, et al., No. 13-00730, M.D. Pa.; 2015 U.S. Dist. LEXIS 145035).

Mealey's Toxic Tort/Environmental - Residents May Depose Fracking Company's Expert On Issues About Tainted Groundwater

HARRISBURG, Pa. - The federal judge in Pennsylvania overseeing the groundwater contamination lawsuit brought by a group of residents against hydraulic fracturing company Cabot Oil & Gas Corp. on Oct. 26 partially granted a motion allowing the plaintiffs to depose a water filtration expert that the company had placed on the list of testifying experts, but then removed from that list. The judge said the plaintiffs were permitted to depose him because plaintiffs made "a compelling showing" that the information they sought could not be obtain through other means (Nolen Scott Ely v. Cabot Oil & Gas Corporation, No. 09-2284, M.D. Pa.; 2015 U.S. Dist. LEXIS 144577).

Mealey's PI/Product Liability - Pennsylvania Supreme Court Vacates Appellate Dismissal Of $20.3M Knee Verdict

HARRISBURG, Pa. - On a 3-2 vote, the Pennsylvania Supreme Court on Oct. 27 reversed an appeals court's vacating of a $20.3 million knee prosthesis injury verdict and remanded the case to the appeals court to consider if the trial judge properly denied the defendants' motion for a remittitur (Margo Polett, et al. v. Public Communications, Inc., et al., No. 18 EAP 2014, Pa. Sup.).

Mealey's Litigation Procedure - Jailed People Sue Pa. Department Of Human Services Over Mental Health Care

HARRISBURG, Pa. - A group of individuals, referred to only by their initials, filed a class complaint on Oct. 22 in Pennsylvania federal court, accusing officials from the Pennsylvania Department of Human Services (DHS) of failing to provide mental health care for people found incompetent to stand trial on criminal charges (J.H., et al. v. Theodore Dallas, et al., No. 15-2057, M.D. Pa.).

Mealey's IP/Tech - Chocolatier's Bid To Dismiss Trademark, Cybersquatting Complaint Again Denied

CHICAGO - A Pennsylvania candy company has sufficiently stated its cybersquatting and trademark-related claims against another candy firm, an Illinois federal judge ruled Oct. 22, denying the defendant's motion to dismiss the complaint that had previously been transferred, rather than dismissed, by another federal judge (Mon Aimee Chocolat Inc. v. Tushiya LLC, et al., No. 1:15-cv-04235, N.D. Ill.; 2015 U.S. Dist. LEXIS 143549).

Mealey's Banking & Finance - Judge Excludes Part Of Expert Report In HAMP Breach Of Contract Case

PHILADELPHIA - A Pennsylvania federal judge on Oct. 20 excluded certain portions of an expert report that conflict with prior rulings in a breach of contract lawsuit arising out of temporary payment plan (TPP) contracts and unfulfilled permanent modification in the Home Affordable Mortgage Program (HAMP) (Lisa and Scott Cave v. Saxon Mortgage Services, Inc., No. 11-4586, William D. Cave v. Saxon Mortgage Services, Inc., No. 12-5366, E.D. Pa.; 2015 U.S. Dist. LEXIS 142198).

Mealey's Litigation Procedure - Judge Excludes Part Of Expert Report In HAMP Breach Of Contract Case

PHILADELPHIA - A Pennsylvania federal judge on Oct. 20 excluded certain portions of an expert report that conflict with prior rulings in a breach of contract lawsuit arising out of temporary payment plan (TPP) contracts and unfulfilled permanent modification in the Home Affordable Mortgage Program (HAMP) (Lisa and Scott Cave v. Saxon Mortgage Services, Inc., No. 11-4586, William D. Cave v. Saxon Mortgage Services, Inc., No. 12-5366, E.D. Pa.; 2015 U.S. Dist. LEXIS 142198).

Mealey's Insurance - Judge Refuses To Dismiss Bad Faith Claim As Insured Alleged Sufficient Facts

SCRANTON, Pa. - An insured sufficiently alleged that her homeowners insurer failed to adequately investigate her claim for water damage after she provided documentation, a Pennsylvania federal judge ruled Oct. 16, declining to dismiss a bad faith claim (Joan Yatsonsky v. State Farm Fire & Casualty Co., No. 15-1777, M.D. Pa.; 2015 U.S. Dist. LEXIS 140748).