LexisNexis® Legal Newsroom
Mealey's Banking & Finance - Judge Refuses To Grant Injunction Ordering Bank Off Property

SCRANTON, Pa. - A Pennsylvania federal judge on Sept. 19 adopted a magistrate judge's recommendation that a property owner's request for preliminary injunction be denied, finding that the property owner failed to show that he would suffer any irreparable caused by the denial (Russell R. Loveless, et al. v. Bank of America, N.A., No. 3:13-CV-01546, M.D. Pa.; 2016 U.S. Dist. LEXIS 127430).

Mealey's Toxic Tort/Environmental - Judge Finds Registering In State Provides Jurisdiction Over Talc Companies

PHILADELPHIA - Registering to do business in Pennsylvania provides consent to personal jurisdiction in the state even in light of recent Supreme Court precedent, a federal judge in Philadelphia held Sept. 20 in a case alleging ovarian cancer arising from exposure to talc (Nancy Bors v. Johnson & Johnson, et al., No. 16-2866, E.D. Pa.; 2016 U.S. Dist. LEXIS 128259).

Mealey's Securities/D&O Liability - Judge: New Discovered Evidence In Securities Suit Was Publicly Available

PHILADELPHIA - A federal judge in Pennsylvania on Sept. 19 denied an investor's motion for relief from a previous dismissal order, ruling that the investor's newly discovered evidence was in fact available to the public months before the initial complaint in the action was filed (Steven P. Messner v. USA Technologies Inc., et al., No. 15-5427, E.D. Pa.; 2016 U.S. Dist. LEXIS 127041).

Mealey's PI/Product Liability - Judge Dismisses Lockheed Martin For Lack Of Jurisdiction, Remands Asbestos Case

PITTSBURGH - Pennsylvania law imposing jurisdiction over companies that register to do business in the state applies only to periods where the company was actually registered, a federal judge held Sept. 16 in granting dismissal and remanding an asbestos case (Leona George, et al. v. A.W. Chesterton Co., et al., No. 16-115, W.D. Pa.; 2016 U.S. Dist. LEXIS 126176).

Mealey's Toxic Tort/Environmental - Judge Dismisses Lockheed Martin For Lack Of Jurisdiction, Remands Asbestos Case

PITTSBURGH - Pennsylvania law imposing jurisdiction over companies that register to do business in the state applies only to periods where the company was actually registered, a federal judge held Sept. 16 in granting dismissal and remanding an asbestos case (Leona George, et al. v. A.W. Chesterton Co., et al., No. 16-115, W.D. Pa.; 2016 U.S. Dist. LEXIS 126176).

Mealey's Insurance - Judge: No Valid Lack Of Reasonable Basis Argument Made In Bad Faith Suit

PHILADELPHIA - A federal judge in Pennsylvania granted an insurer's motion to dismiss claims in an insurance bad faith lawsuit on Sept. 15, ruling that an insured failed to show that the insurer lacked a reasonable basis for denying her claim for underinsured motorists (UIM) benefits (Linda Murphy v. State Farm Mutual Automobile Insurance Co., No. 16-2922, E.D. Pa.; 2016 U.S. Dist. LEXIS 125841).

Mealey's IP/Tech - Pa. Federal Judge Partly Allows Dilution Claims Over Buck Rogers To Proceed

PHILADELPHIA - A dispute over the Buck Rogers character will proceed with allegations of federal trademark dilution intact, but without a related state law claim, in light of a "divergence between the Lanham Act and Pennsylvania trademark law," according to a Sept. 16 ruling by a Pennsylvania federal judge (The Dille Family Trust v. The Nowlan Family Trust, No. 15-6231, E.D. Pa.; 2016 U.S. Dist. LEXIS 126191).

Mealey's PI/Product Liability - 1st Tylenol Bellwether Trial Continued Indefinitely By MDL In Pennsylvania

PHILADELPHIA - The first Tylenol multidistrict litigation bellwether trial scheduled to start Sept. 19 was continued to a future date on Sept. 15 by the Pennsylvania federal judge overseeing the MDL (In Re: Tylenol [Acetaminophen] Marketing, Sales Practices, and Products Liability Litigation, MDL Docket No. 2346, No. 13-md-2436, Rana Terry, et al. v. McNeil-PPC, Inc., et al., No. 12-7263, E.D. Pa.).

Mealey's PI/Product Liability - Judge Won't Reconsider Ruling In Securities Suit Against Medical Device Maker

PHILADELPHIA - Without providing any detail, a federal judge in Pennsylvania on Sept. 9 denied a shareholder's motion to reconsider an earlier ruling dismissing a securities class action complaint for failure to plead an actionable misrepresentation or scienter (Mark Silverstein v. Globus Medical Inc., et al., No. 15-5386, E.D. Pa.; 2016 U.S. Dist. LEXIS 113740).

Mealey's Litigation Procedure - Judge Won't Reconsider Ruling In Securities Suit Against Medical Device Maker

PHILADELPHIA - Without providing any detail, a federal judge in Pennsylvania on Sept. 9 denied a shareholder's motion to reconsider an earlier ruling dismissing a securities class action complaint for failure to plead an actionable misrepresentation or scienter (Mark Silverstein v. Globus Medical Inc., et al., No. 15-5386, E.D. Pa.; 2016 U.S. Dist. LEXIS 113740).

Mealey's Litigation Procedure - Police Department: Cosby Investigative File Not Discoverable In Defamation Suit

PHILADELPHIA - Citing common-law and statutory investigative privilege, a suburban Philadelphia police department told a Pennsylvania federal court on Sept. 9 that an investigative file from a 2005 suit alleging assault by Bill Cosby is not subject to disclosure in a defamation suit filed against a former district attorney who declined to prosecute the assault case (Andrea Constand v. Bruce Castor, No. 2:15-cv-05799, E.D. Pa.).

Mealey's Securities/D&O Liability - Judge Won't Reconsider Ruling In Securities Suit Against Medical Device Maker

PHILADELPHIA - Without providing any detail, a federal judge in Pennsylvania on Sept. 9 denied a shareholder's motion to reconsider an earlier ruling dismissing a securities class action complaint for failure to plead an actionable misrepresentation or scienter (Mark Silverstein v. Globus Medical Inc., et al., No. 15-5386, E.D. Pa.; 2016 U.S. Dist. LEXIS 113740).

Mealey's Litigation Procedure - Reinsurer, Reinsured Outline Need For Discovery In Reinsurance Dispute

PHILADELPHIA - A reinsurer and its reinsured told a federal court in Pennsylvania on Sept. 7 that they both anticipate the need for discovery in a late notice dispute regarding asbestos-related reinsurance billings (R&Q Reinsurance Company v. St. Paul Fire & Marine Insurance Company, No. 16-cv-01473, E.D. Pa.).

Mealey's Insurance - Reinsurer, Reinsured Outline Need For Discovery In Reinsurance Dispute

PHILADELPHIA - A reinsurer and its reinsured told a federal court in Pennsylvania on Sept. 7 that they both anticipate the need for discovery in a late notice dispute regarding asbestos-related reinsurance billings (R&Q Reinsurance Company v. St. Paul Fire & Marine Insurance Company, No. 16-cv-01473, E.D. Pa.).

Mealey's Toxic Tort/Environmental - Pennsylvania Court Affirms Denial Of Asbestos-Related Prostate Employment Claim

PHILADELPHIA - A firefighter's failure to link occupation exposure to asbestos and other carcinogens to his prostate cancer dooms his workers' compensation claim, a Pennsylvania Commonwealth Court held Sept. 7 (Earl Hutz v. Workers' Compensation Appeal Board [City of Philadelphia], No. 2140 C.D. 2015, Pa. Cmwlth.; 2016 Pa. Commw. LEXIS 382).

Mealey's Banking & Finance - 3rd Circuit Finds Failure To Appear Warranted Dismissal Of Claim Against Chase

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Sept. 6 affirmed dismissal of a property owner's claim for violation of the Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCPL), finding that she failed to comply with a district court's orders and did not appear at trial (Deonne New-Howard, et al. v. JP Morgan Chase Bank, N.A., No. 15-3879, 3rd Cir.; 2016 U.S. App. LEXIS 16367).

Mealey's Toxic Tort/Environmental - Judge Finds Company Liable For Violating CERCLA, HSCA; Costs Unclear

PHILADELPHIA - A federal judge in Pennsylvania on Aug. 30 granted in part a motion for summary judgment filed by the Pennsylvania Department of Environmental Protection (PaDEP), ruling that the purchaser of a contaminated site can be held liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and Pennsylvania's Hazardous Site Cleanup Act (HSCA) for response costs incurred after it took ownership of the property (Commonwealth of Pennsylvania Department of Environmental Protection v. Trainer Custom Chemical LLC, et al., No. 15-1232, E.D. Pa.; 2016 U.S. Dist. LEXIS 116139).

Mealey's Insurance - Bad Faith Claims Brought Pursuant To Unfair Insurance Practices Law Dismissed

WILLIAMSPORT, Pa. - Although an insured has properly pleaded his claim for insurance bad faith, he has failed to do so with regard to claims made under the Pennsylvania Unfair Insurance Practices Act (UIPA) because Pennsylvania does not provide for recovery for such claims, a federal judge in Pennsylvania ruled Aug. 29 (Ronald E. Long v. Hartford Life and Accident Insurance Co., No. 16-0138, M.D. Pa.; 2016 U.S. Dist. LEXIS 115328).

Mealey's Insurance - Federal Judge Partially Dismisses Bad Faith Claim In Insurance Dispute

WILLIAMSPORT, Pa. - A federal judge in Pennsylvania on Aug. 29 granted in part and denied in part an insurer's motion to dismiss in an insurance breach of contract and bad faith lawsuit, ruling that Pennsylvania does not provide for recovery for bad faith claims made pursuant to the Pennsylvania Unfair Insurance Practices Act (UIPA) (Ronald E. Long v. Stonebridge Life Insurance Co., No. 16-0139, C.D. Pa.; 2016 U.S. Dist. LEXIS 115324).

Mealey's Insurance - Pennsylvania Federal Judge: Termination Of Benefits Was Not Unreasonable

PITTSBURGH - The termination of a disability claimant's long-term disability (LTD) benefits was not arbitrary and capricious because the medical evidence supports the plan's determination that the claimant could perform the duties of her own occupation, a Pennsylvania federal judge said Aug. 26 (Antoinette F. Swanberg v. The PNC Financial Services Group Inc. and Affiliates Long Term Disability Plan, No. 15-544, W.D. Pa.; 2016 U.S. Dist. LEXIS 114551).

Mealey's PI/Product Liability - Pennsylvania Federal Judge Dismisses Snake Bite Suit Against Disney Hotel

PHILADELPHIA - A federal judge in Pennsylvania on Aug. 29 granted The Walt Disney Co. and Walt Disney Parks and Resorts Inc.'s (the Disney companies) motion to dismiss a venomous snake bite case brought against it because he found that the court does not have general jurisdiction over the defendants (Michael Barth, et al. v. Walt Disney Parks and Resorts Inc., et al., No. 16-2140, E.D. Pa.).

Mealey's Insurance - Judge Bars Partial Testimony On Floodplain Location In Insurance Coverage Dispute

DETROIT - A Michigan federal judge on Aug. 26 excluded partial testimony in an insurance coverage dispute on the remaining issue as to whether an insured's property was located within a 100-year floodplain at the time of its loss (Federal-Mogul Corp. v. Insurance Company of the State of Pennsylvania, No. 12-12005, E.D. Mich.; 2016 U.S. Dist. LEXIS 114573).

Mealey's Insurance - Professional Malpractice Suit Constitutes 1 'Claim' Under Policy, Judge Says

PHILADELPHIA - A Pennsylvania federal judge on Aug. 25 found that an underlying professional malpractice lawsuit against an attorney insured constitutes a single "claim" under a professional liability insurance policy, declaring that the insurer's contractual liability defense and indemnity is limited to $500,000 (Westport Insurance Corp. v. Peter G. Mylonas, et al., No. 14-5760, E.D. Pa.; 2016 U.S. Dist. LEXIS 114867).

Mealey's Litigation Procedure - Judge Bars Partial Testimony On Floodplain Location In Insurance Coverage Dispute

DETROIT - A Michigan federal judge on Aug. 26 excluded partial testimony in an insurance coverage dispute on the remaining issue as to whether an insured's property was located within a 100-year floodplain at the time of its loss (Federal-Mogul Corp. v. Insurance Company of the State of Pennsylvania, No. 12-12005, E.D. Mich.; 2016 U.S. Dist. LEXIS 114573).

Mealey's Insurance - Reliance Liquidator Recommends Allowance Of $8 Million In Claims

HARRISBURG, Pa. - The liquidator of Reliance Insurance Co. asked a Pennsylvania court on Aug. 23 to approve a report and recommendation regarding more than $8 million of claims (In re: Reliance Insurance Company in Liquidation, No. 1 REL 2001, Pa. Cmwlth.).