LexisNexis® Legal Newsroom
Mealey's Insurance - Judge Allows Insured To Bring Statutory Bad Faith Claim In Defects Dispute

DENVER - An insured may bring a statutory bad faith claim as a first-party claimant under Colorado Revised Statutes Sections 10-3-1115 and 1116 (Bad Faith Act), a Colorado federal judge ruled Jan. 4, denying a motion to dismiss by two insurers over coverage for construction defect claims (PCL Construction Services, Inc. v. Old Republic General Insurance Co. and Insurance Company of the State of Pennsylvania, No. 14-3486, D. Colo.; 2016 U.S. Dist. LEXIS 106).

Mealey's Toxic Tort/Environmental - 3rd Circuit: Agency's 'Diligent Prosecution' Bars Group's Emissions Suit

PHILADELPHIA - A Third Circuit U.S. Court of Appeals panel on Jan. 6 affirmed a federal judge in Pennsylvania's ruling that a state agency's diligent prosecution of allegations that a coke manufacturer's emissions were violating the Clean Air Act barred a suit brought by an environmental group, but also ruled that the diligent prosecution bar is not a jurisdictional issue that warranted dismissal under Federal Rule of Civil Procedure 12(b)(1) (Group Against Smog and Pollution v. Shenango Inc., No. 15-2041, 3rd Cir.; 2016 U.S. App. LEXIS 59).

Mealey's PI/Product Liability - Judge: Psychiatrist May Testify On Driver's Drug Addiction In Personal Injury Lawsuit

PHILADELPHIA - A Pennsylvania federal judge ruled Jan. 4 that a psychiatrist but not a forensic pathologist may testify in a personal injury lawsuit regarding a driver's drug addiction at the time of a motor vehicle accident (Kathy Leister, et al. v. Jewell Transport, Inc., et al., No. 14-1411, E.D. Pa.; 2015 U.S. Dist. LEXIS 173624).

Mealey's Litigation Procedure - Judge: Psychiatrist May Testify On Driver's Drug Addiction In Personal Injury Lawsuit

PHILADELPHIA - A Pennsylvania federal judge ruled Jan. 4 that a psychiatrist but not a forensic pathologist may testify in a personal injury lawsuit regarding a driver's drug addiction at the time of a motor vehicle accident (Kathy Leister, et al. v. Jewell Transport, Inc., et al., No. 14-1411, E.D. Pa.; 2015 U.S. Dist. LEXIS 173624).

Mealey's PI/Product Liability - Zoloft MDL Judge Suspends Initial Trials Pending Ruling On Plaintiff's New Experts

PHILADELPHIA - The Pennsylvania federal judge overseeing the Zoloft multidistrict litigation on Jan. 4 suspended deadlines for the initial trials on a motion by Pfizer Inc., which is seeking a clarification of the judge's pretrial order excluding the plaintiffs' sole general causation expert (In Re: Zoloft [Sertraline Hydrochloride] Products Liability Litigation, MDL Docket No. 2342, No. 12-md-2342, E.D. Pa.).

Mealey's Insurance - Liquidator Asks For OK To Make $21M In Payments Under Reinsurance Agreements

HARRISBURG, Pa. - The liquidator of an insolvent insurer asked a Pennsylvania court on Dec. 18 to approve the recommended allowance of claim payments, including more than $21 million against reinsurance agreements issued by the insolvent insurer (In re: Reliance Insurance Company in Liquidation, No. 1 REL 2001, Pa. Cmwlth.).

Mealey's PI/Product Liability - $5.5M Compensatory Verdict Returned In 1st Pelvic Mesh Trial In Pennsylvania

PHILADELPHIA - A Pennsylvania state court jury on Dec. 21 returned a $5.5 million verdict in the first pelvic mesh case from the state's complex litigation docket to go to trial, according to one of the plaintiff's attorneys (Patricia L. Hammons v. Ethicon Inc., No. 130503913, Pa. Comm. Pls., Philadelphia Co.).

Mealey's Insurance - Insurer Says It Assents To Reinsurer's Motion To Stay Asbestos-Related Case

PHILADELPHIA - An insurer told a federal court in Pennsylvania on Dec. 17 that it has no objections to a reinsurer's motion to stay a $4 million reinsurance billing dispute (St. Paul Fire and Marine Insurance Company v. R&Q Reinsurance Company, No. 15-cv-5528, E.D. Pa.).

Mealey's PI/Product Liability - Plaintiff Who Won $500,000 Risperdal Verdict Seeks New Damages Trial, Punitives

PHILADELPHIA - A Risperdal gynecomastia plaintiff who won a $500,000 compensatory damages verdict on Dec. 11 asked a Pennsylvania state court on Dec. 18 for a new trial on compensatory and punitive damages (Timothy Stange v. Janssen Pharmaceuticals, Inc., et al., No. 130401984, Pa. Comm. Pls., Philadelphia Co.).

Mealey's IP/Tech - Motions Over Documents, Founder Deposition Filed In Suit Against Angie's List

PHILADELPHIA - In a Dec. 15 motion in Pennsylvania federal court, a plaintiff seeks to compel Angie's List Inc. to produce documents and information that she says go to the heart of her putative class action alleging deceptive marketing practices by the professional listings website operator (Janell Moore v. Angie's List Inc., No. 2:15-cv-01243, E.D. Pa.).

Mealey's Labor & Employment - Coca-Cola Seeks Protective Order For Trade Secrets PII In Stolen Laptops Case

PHILADELPHIA - In a Dec. 17 protective order motion filed in Pennsylvania federal court, The Coca-Cola Co. seeks to have discovery materials pertaining to its trade secrets and employees' personally identifying information (PII) designated confidential in a breach of contract lawsuit over stolen company laptops that contained PII (Shane K. Enslin v. The Coca-Cola Co., et al., No. 2:14-cv-06476, E.D. Pa.).

Mealey's Litigation Procedure - Motions Over Documents, Founder Deposition Filed In Suit Against Angie's List

PHILADELPHIA - In a Dec. 15 motion in Pennsylvania federal court, a plaintiff seeks to compel Angie's List Inc. to produce documents and information that she says go to the heart of her putative class action alleging deceptive marketing practices by the professional listings website operator (Janell Moore v. Angie's List Inc., No. 2:15-cv-01243, E.D. Pa.).

Mealey's Litigation Procedure - Coca-Cola Seeks Protective Order For Trade Secrets PII In Stolen Laptops Case

PHILADELPHIA - In a Dec. 17 protective order motion filed in Pennsylvania federal court, The Coca-Cola Co. seeks to have discovery materials pertaining to its trade secrets and employees' personally identifying information (PII) designated confidential in a breach of contract lawsuit over stolen company laptops that contained PII (Shane K. Enslin v. The Coca-Cola Co., et al., No. 2:14-cv-06476, E.D. Pa.).

Mealey's Insurance - Liquidator Asks Court's OK To Pay $90 Million To Guaranty Associations

HARRISBURG, Pa. - The liquidator of an insolvent insurer on Dec. 17 asked a Pennsylvania court to approve more than $90 million of undisputed claims to certain states' insurance guaranty associations (In re: Reliance Insurance Company in Liquidation, No. 1 REL 2001, Pa. Cmwlth.).

Mealey's Litigation Procedure - Production Of Documents Partly Ordered In Pennsylvania Patent Sham Litigation Case

PHILADELPHIA - Patent holders were ordered Dec. 14 by a Pennsylvania federal judge to produce several unredacted or previously withheld documents in a dispute over alleged "sham litigation" (Federal Trade Commission v. AbbVie Inc., et al., No. 14-5151, E.D. Pa.; 2015 U.S. Dist. LEXIS 166723).

Mealey's Antitrust/Unfair Competition - Production Of Documents Partly Ordered In Pennsylvania Patent Sham Litigation Case

PHILADELPHIA - Patent holders were ordered Dec. 14 by a Pennsylvania federal judge to produce several unredacted or previously withheld documents in a dispute over alleged "sham litigation" (Federal Trade Commission v. AbbVie Inc., et al., No. 14-5151, E.D. Pa.; 2015 U.S. Dist. LEXIS 166723).

Mealey's IP/Tech - Production Of Documents Partly Ordered In Pennsylvania Patent Sham Litigation Case

PHILADELPHIA - Patent holders were ordered Dec. 14 by a Pennsylvania federal judge to produce several unredacted or previously withheld documents in a dispute over alleged "sham litigation" (Federal Trade Commission v. AbbVie Inc., et al., No. 14-5151, E.D. Pa.; 2015 U.S. Dist. LEXIS 166723).

Mealey's Toxic Tort/Environmental - Judge Should Reconsider Third-Party Action In Tainted Groundwater Case, Groups Say

PITTSBURGH - Two environmental groups that are suing PPG Industries Inc. for allegedly contaminating groundwater with toxic waste on Dec. 11 filed a brief contending that the Pennsylvania federal judge presiding over the case should reconsider his order issued last month, which allows PPG to file a third-party complaint against the operator of the landfill that held the disposed waste (PennEnvironment, et al. v. PPG Industries Inc., et al., No. 12-342, W.D. Pa.).

Mealey's Insurance - Magistrate Denies Request To Add Declaratory Judgment Claim In Fraud Suit

PHILADELPHIA - A federal magistrate judge in Pennsylvania on Dec. 10 denied State Farm Mutual Automobile Insurance Co.'s request to add a claim for declaratory judgment in its lawsuit accusing a chiropractor and his clinic of submitting fraudulent bills for services that were not medically necessary, ruling that adding the cause of action would be duplicative of its present claims (State Farm Mutual Automobile Insurance Company v. Darren S. Lugiano, et al., No. 15-0575, E.D. Pa.; 2015 U.S. Dist. LEXIS 165529).

Mealey's PI/Product Liability - Pennsylvania State Court Jury Awards $500,000 In Risperdal Gynecomastia Trial

PHILADELPHIA - After a three-week hiatus for the production of newly discovered defense data about the safety of Risperdal and three more days of testimony, a Pennsylvania state court jury on Dec. 11 found that Janssen Pharmaceuticals Inc. and parent company Johnson & Johnson failed to warn a physician about the risk of gynecomastia to a 12-year-old boy and awarded the plaintiff compensatory damages of $500,000, plaintiff attorney Tom Kline of Kline & Specter in Philadelphia told Mealey Publications (Timothy Stange v. Janssen Pharmaceuticals, Inc., et al., No. 130401984, Pa. Comm. Pls., Philadelphia Co.).

Mealey's Litigation Procedure - Judge: Expert Reports Create Fact Issues As To Cause Of Insured's Property Damage

PHILADELPHIA - Admitting certain expert testimony on the causation of insureds' damage to their home, a Pennsylvania federal judge on Dec. 9 found that issues of fact exist as to the cause of damage to the property (Maria Stochel and Eugene Nowakowsky v. Allstate Property and Casualty Insurance Co., No. 15-231, E.D. Pa.; 2015 U.S. Dist. LEXIS 164764).

Mealey's Insurance - Subrogated Insurer Failed To Timely Provide Support Of Negligence Claim, Judge Says

PITTSBURGH - A subrogated insurer untimely submitted a motion offering case law in support of its dismissed professional negligence against a contractor regarding water damage from a faulty fire sprinkler system, a Pennsylvania federal judge ruled Dec. 8 (Insurance Company of Greater New York, as subrogee of Five Star Hotels, LLC d/b/a Holiday Inn Parkway East v. Fire Fighter Sales & Service Co., No. 11-1078, W.D. Pa.; 2015 U.S. Dist. LEXIS 164277).

Mealey's Insurance - Judge: Expert Reports Create Fact Issues As To Cause Of Insured's Property Damage

PHILADELPHIA - Admitting certain expert testimony on the causation of insureds' damage to their home, a Pennsylvania federal judge on Dec. 9 found that issues of fact exist as to the cause of damage to the property (Maria Stochel and Eugene Nowakowsky v. Allstate Property and Casualty Insurance Co., No. 15-231, E.D. Pa.; 2015 U.S. Dist. LEXIS 164764).

Mealey's Toxic Tort/Environmental - Undue Delay Warrants Denial Of Request To Add Storage Tank Claim

PHILADELPHIA - A federal judge in Pennsylvania on Dec. 9 denied a plaintiff company's request to file a third amended complaint to add a cause of action under the Pennsylvania Storage Tank and Spill Prevention Act (Storage Act), overruling the plaintiff company's argument that it learned of the claim only through discovery (Tri-Realty Company v. Ursinus College, No. 11-5885, E.D. Pa.; 2015 U.S. Dist. LEXIS 164767).

Mealey's Litigation Procedure - Pennsylvania Federal Judge Denies Reconsideration In Pay-For-Delay Case

PHILADELPHIA - Efforts by a putative end-payer antitrust and consumer protection class to revive their claims against two drug manufacturers were rejected Dec. 8 by a Pennsylvania federal judge (In re: Niaspan Antitrust Litigation [All Actions], MDL No. 2460, No. 13-md-2460; E.D. Pa.; 2015 U.S. Dist. LEXIS 164021).