LexisNexis® Legal Newsroom
Mealey's Toxic Tort/Environmental - Pa. High Court Rejects Challenge To Constitutionality Of Crown Cork Liability Law

HARRISBURG, Pa. - The Pennsylvania Supreme Court on Sept. 29 denied a petition for allowance of appeal, leaving stand a ruling that a law protecting Crown Cork & Seal Co. from asbestos-related liabilities could in theory apply to other companies and does the legitimate job of protecting the state's jobs (James C. Markovsky, et al. v. Crown Cork & Seal Co., et al., No. 162 EAL 2015, Pa. Sup.).

Mealey's PI/Product Liability - Defense Verdict Returned In Children's Motrin Trial In Pennsylvania Federal Court

PHILADELPHIA - After deliberating for less than a day, a Pennsylvania federal jury on Sept. 29 returned a defense verdict for Johnson & Johnson in a Children's Motrin Stevens-Johnson syndrome and toxic epidermal necrolysis (SJS/TEN) case (Kristin L. Brown, et al. v. Johnson & Johnson, et al., No. 12-4929, E.D. Pa.).

Mealey's Labor & Employment - Pennsylvania Federal Judge Dismisses Employees' Data Breach Suit

HARRISBURG, Pa. - A Pennsylvania federal judge on Sept. 22 dismissed with prejudice a class complaint accusing a family of companies that provide prescription benefit administration services of failing to protect the personal information of employees and customers from being stolen by unknown third parties (Joan Longenecker-Wells, et al. v. Benecard Services, Inc., d/b/a Benecard PBF, et al., No. 15-422, M.D. Pa.; 2015 U.S. Dist. LEXIS 126837).

Mealey's Antitrust/Unfair Competition - $50 Million Comcast Antitrust Settlement Granted Final Approval

PHILADELPHIA - A Pennsylvania federal judge on Sept. 22 granted final approval of a $50 million settlement ending an antitrust lawsuit in which consumers accused Comcast Corp. of conspiring with other cable companies to remain the exclusive provider in certain areas (Stanford Glaberson, et al. v. Comcast Corporation, et al., No. 03-6604, E.D. Pa.; 2015 U.S. Dist. LEXIS 127370).

Mealey's Litigation Procedure - Pennsylvania Federal Judge Dismisses Employees' Data Breach Suit

HARRISBURG, Pa. - A Pennsylvania federal judge on Sept. 22 dismissed with prejudice a class complaint accusing a family of companies that provide prescription benefit administration services of failing to protect the personal information of employees and customers from being stolen by unknown third parties (Joan Longenecker-Wells, et al. v. Benecard Services, Inc., d/b/a Benecard PBF, et al., No. 15-422, M.D. Pa.; 2015 U.S. Dist. LEXIS 126837).

Mealey's Insurance - Judge: Pennsylvania Law Does Not Recognize Insured's Bad Faith Claims

WILMINGTON, Del. - Because Pennsylvania does not recognize a subcontractor's claims for insurance bad faith, dismissal of its claims against an insurer are proper, a federal judge in Delaware ruled Sept. 22 (VSI Sales LLC v. International Fidelity Insurance Co., No. 15-507, D. Del.; 2015 U.S. Dist. LEXIS 126392).

Mealey's Litigation Procedure - $50 Million Comcast Antitrust Settlement Granted Final Approval

PHILADELPHIA - A Pennsylvania federal judge on Sept. 22 granted final approval of a $50 million settlement ending an antitrust lawsuit in which consumers accused Comcast Corp. of conspiring with other cable companies to remain the exclusive provider in certain areas (Stanford Glaberson, et al. v. Comcast Corporation, et al., No. 03-6604, E.D. Pa.; 2015 U.S. Dist. LEXIS 127370).

Mealey's Labor & Employment - Judge Declines To Dismiss Expert Testimony On Price Variables In Antitrust Suit

PITTSBURGH - An expert's omission of proffered price-influencing variables in testimony in an antitrust class action does not render his regression analysis "irrelevant," a Pennsylvania federal judge ruled Sept. 18, denying a motion to exclude that testimony (Resco Prods., Inc. v. Bosai Minerals GRP., et al., No. 06-235, W.D. Pa.; 2015 U.S. Dist. LEXIS 124930).

Mealey's Litigation Procedure - Judge Declines To Dismiss Expert Testimony On Price Variables In Antitrust Suit

PITTSBURGH - An expert's omission of proffered price-influencing variables in testimony in an antitrust class action does not render his regression analysis "irrelevant," a Pennsylvania federal judge ruled Sept. 18, denying a motion to exclude that testimony (Resco Prods., Inc. v. Bosai Minerals GRP., et al., No. 06-235, W.D. Pa.; 2015 U.S. Dist. LEXIS 124930).

Mealey's PI/Product Liability - Federal Judge: Complaint Involving Deli Snack Trays Does Not Allege 'Occurrence'

ALLENTOWN, Pa. - A Pennsylvania federal judge held Sept. 17 that an underlying lawsuit alleging that an insured's snack trays failed to conform to a contractually specified and required performance standards sounds in breach of contract and fails to allege an "occurrence" pursuant to primary and excess commercial general liability insurance policies, finding that the insurer has no duty to defend its insured (Firemen's Insurance Company of Washington, D.C., Plaintiff, v. Tray-Pak Corporation, No. 13-3711, E.D. Pa.; 2015 U.S. Dist. LEXIS 124192).

Mealey's Insurance - Federal Judge: Complaint Involving Deli Snack Trays Does Not Allege 'Occurrence'

ALLENTOWN, Pa. - A Pennsylvania federal judge held Sept. 17 that an underlying lawsuit alleging that an insured's snack trays failed to conform to a contractually specified and required performance standards sounds in breach of contract and fails to allege an "occurrence" pursuant to primary and excess commercial general liability insurance policies, finding that the insurer has no duty to defend its insured (Firemen's Insurance Company of Washington, D.C., Plaintiff, v. Tray-Pak Corporation, No. 13-3711, E.D. Pa.; 2015 U.S. Dist. LEXIS 124192).

Mealey's Insurance - Judge OKs $15.9 Million Reinsurance Commutation Agreement

HARRISBURG, Pa. - A Pennsylvania judge on Sept. 18 granted the liquidator of an insolvent insurer's application for the approval of a $15,930,000 commutation agreement with one of the insolvent insurer's reinsurers (In re: Reliance Insurance Co. in liquidation, No. 1 REL 2001, Pa. Cmwlth.).

Mealey's Labor & Employment - Apple Removes Class Suit Over Workers' Security Checks To Federal Court

PHILADELPHIA - Apple Inc. on Sept. 14 removed a class complaint accusing the company of failing to pay workers in its stores in Pennsylvania for the time they spend waiting for and undergoing security checks to a Pennsylvania federal court pursuant to the Class Action Fairness Act (CAFA) (Natasha Franklin, et al. v. Apple, Inc., No. 15-5119, E.D. Pa.).

Mealey's Insurance - Liquidator Asks Court To Approve Agreement With States' Guaranty Associations

HARRISBURG, Pa. - The liquidator of an insolvent insurer on Sept. 14 asked a Pennsylvania court to approve a settlement agreement with certain 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; and California Insurance Guarantee Association, Objector v. Reliance Insurance Company in Liquidation, No. 4 REL 2014, Pa. Cmwlth.).

Mealey's Litigation Procedure - Apple Removes Class Suit Over Workers' Security Checks To Federal Court

PHILADELPHIA - Apple Inc. on Sept. 14 removed a class complaint accusing the company of failing to pay workers in its stores in Pennsylvania for the time they spend waiting for and undergoing security checks to a Pennsylvania federal court pursuant to the Class Action Fairness Act (CAFA) (Natasha Franklin, et al. v. Apple, Inc., No. 15-5119, E.D. Pa.).

Mealey's Insurance - Judge Rejects Woman's No Contest Plea For Health Care Fraud Charges

PHILADELPHIA - A federal judge in Pennsylvania on Sept. 11 rejected a woman's request to plead no contest to 13 charges of health care fraud for her role in a $16 million Medicare fraud scheme, ruling that accepting the plea would not favor the public interest and that the evidence against the defendant was just as strong as her co-defendants, who have already been convicted (United States of America v. Patricia McGill, No. 12-112-01, E.D. Pa.; 2015 U.S. Dist. LEXIS 121832).

Mealey's PI/Product Liability - Pennsylvania Federal Judge: No Strict Liability In Personal Injury Case

PHILADELPHIA - Allegations that the former designer of a resistance band that injured a plaintiff can be held strictly liable for those injuries were rejected by a Pennsylvania federal judge on Sept. 9 (Glenn Thorpe and Patricia Thorpe v. Bollinger Sports LLC, et al., No. 14-4520, E.D. Pa.; 2015 U.S. Dist. LEXIS 119643).

Mealey's Litigation Procedure - Federal Judge Enters Final Ruling, Orders Tech Company To Pay $6.9 Million

PHILADELPHIA - A Pennsylvania federal judge on Sept. 10 entered a final judgment in favor of a Taiwanese corporation in relation a Chinese arbitration award, ordering a Pennsylvania entity to pay it $6,943,817.13, representing the full amount of the award, fees and interest (Clientron Corp. v. Devon IT Inc., No. 13-05634, E.D. Pa.).

Mealey's PI/Product Liability - Children's Motrin SJS/TEN Trial Under Way In Pennsylvania Federal Court

PHILADELPHIA - Trial continued Sept. 11 in Pennsylvania federal court in the case of a young girl who allegedly developed Stevens-Johnson syndrome and toxic epidermal necrolysis (SJS/TEN) as a result of taking Children's Motrin (Kristin L. Brown, et al. v. Johnson & Johnson, et al., No. 12-4929, E.D. Pa.).

Mealey's PI/Product Liability - Judge: Failure To Disclose Tort Claim In Bankruptcy Doesn't Bar Action

PHILADELPHIA - A man's failure to disclose an asbestos tort claim in his bankruptcy more likely resulted from the fact that the court only recently reinstated the action, and the omission does not prohibit the action, a federal judge in Pennsylvania held Sept. 8 (Francis W. LaBrache Jr. v. A-C Product Liability Trust, et al., No. MDL 875, 09-30218, E.D. Pa.).

Mealey's Toxic Tort/Environmental - Judge: Failure To Disclose Tort Claim In Bankruptcy Doesn't Bar Action

PHILADELPHIA - A man's failure to disclose an asbestos tort claim in his bankruptcy more likely resulted from the fact that the court only recently reinstated the action, and the omission does not prohibit the action, a federal judge in Pennsylvania held Sept. 8 (Francis W. LaBrache Jr. v. A-C Product Liability Trust, et al., No. MDL 875, 09-30218, E.D. Pa.).

Mealey's Toxic Tort/Environmental - Oil Company: Order Regarding Cleanup Of Tainted Groundwater 'Arbitrary'

HARRISBURG, Pa. - An oil and gas exploration company on Sept. 3 appealed an order issued by the Pennsylvania Department of Environmental Protection (DEP) that found the company liable for contaminating groundwater as a result of its drilling operations. The company argues that the order is "arbitrary, capricious, unreasonable, not in accordance with law, and violates [the company's] constitutional rights" (Cabot Oil & Gas Corp. v. Department of Environmental Protection, No. 2015-131, Pa. EHB).

Mealey's Litigation Procedure - Judge Denies Cosby's Discovery Motion Over Release Of Sealed Deposition

PHILADELPHIA - A Pennsylvania federal judge on Sept. 4 denied a motion by comedian William H. "Bill" Cosby Jr. to take discovery to determine if the counsel and plaintiff from a prior sexual assault case violated a court order by releasing a confidential transcript from that case to the media (Tamara Green, et al. v. William H. Cosby Jr., No. 2:15-cv-00144, E.D. Pa.; 2015 U.S. Dist. LEXIS 118216).

Mealey's Litigation Procedure - Judge Allows Expert To Testify On Syndrome In Sexual Abuse Lawsuit

JOHNSTOWN, Pa. - The U.S. government's expert can testify on child sexual abuse accommodation syndrome (CSAAS) in a sexual abuse case, a Pennsylvania federal judge ruled Sept. 8, finding the expert credible and her report reliable (United States of America v. Joseph D. Maurizio, Jr., No. 14-23, W.D. Pa.; 2015 U.S. Dist. LEXIS 119204).

Mealey's Insurance - Judge: Insurer's Denial Of Defense, Indemnification Was Not In Bad Faith

PITTSBURGH - A federal judge in Pennsylvania on Sept. 3 granted in part and denied in part motions for summary judgment in an insurance breach of contract and bad faith lawsuit, ruling that an insurer is entitled to summary judgment on the bad faith claim because a third-party beneficiary has failed to show that the insurer acted in bad faith in denying a defense or indemnification to an attorney in a malpractice case (Zhong Zhuang v. The Hanover Insurance Co., No. 15-0481, W.D. Pa.; 2015 U.S. Dist. LEXIS 118047).