LexisNexis® Legal Newsroom
Mealey's Insurance - Judge: Pennsylvania Law Must Be Applied When Determining Duty To Indemnify

HARRISBURG, Pa. - Because the Commonwealth of Pennsylvania has a more significant relationship than the State of New York with the parties involved in an asbestos coverage dispute, Pennsylvania law must be applied when determining whether a duty to indemnify exists, a Pennsylvania federal judge said July 9 (York International Corp. v. Liberty Mutual Insurance Co., No. 1:10-CV-0692, M.D. Pa.; 2015 U.S. Dist. LEXIS 88847).

Mealey's Health Law - Pennsylvania Panel Affirms Conviction Of Pain Clinic Owner For Fraudulent Billing

PHILADELPHIA - A Pennsylvania Superior Court panel on July 7 affirmed the conviction of a pain clinic owner for conspiracy, theft and insurance fraud after finding that the evidence presented during his trial supported the verdict and that the trial court judge did not err when allowing the Commonwealth of Pennsylvania's insurance billing expert to offer lay testimony (Commonwealth of Pennsylvania v. Owen Rogal, No. 5 EDA 2014, Pa. Super.; 2015 Pa. Super. LEXIS 397).

Mealey's Insurance - Pennsylvania Panel Affirms Conviction Of Pain Clinic Owner For Fraudulent Billing

PHILADELPHIA - A Pennsylvania Superior Court panel on July 7 affirmed the conviction of a pain clinic owner for conspiracy, theft and insurance fraud after finding that the evidence presented during his trial supported the verdict and that the trial court judge did not err when allowing the Commonwealth of Pennsylvania's insurance billing expert to offer lay testimony (Commonwealth of Pennsylvania v. Owen Rogal, No. 5 EDA 2014, Pa. Super.; 2015 Pa. Super. LEXIS 397).

Mealey's Insurance - Judge Transfers Declaratory Judgment Reinsurance Dispute To Different Forum

PHILADELPHIA - A federal judge in Pennsylvania on July 7 granted two insurers' motion to dismiss a reinsurance dispute and transfer the suit to a federal court in Connecticut (Excalibur Reinsurance Corporation v. Select Insurance Company, et al., No. 15-cv-02522, E.D. Pa.).

Mealey's PI/Product Liability - Pennsylvania Federal Judge: Expert's Opinions Meet Reliability, Fit Standards

PHILADELPHIA - An electrical engineer's forensic evaluation of an electrical-current-reducing device that started a fire in a home is sufficient enough to be tested in the adversary process at trial, and his testimony will help the trier of fact, a Pennsylvania federal judge ruled July 7 in denying a bid to preclude the expert from testifying (Donald Dalton, et al., v. McCourt Electric LLC, et al., No. 12-3568, E.D. Pa.; 2015 U.S. Dist. LEXIS 87609).

Mealey's Insurance - Judge: Insurer Acted In Good Faith In Canceling Life Insurance Policy

WILLIAMSPORT, Pa. - A federal judge in Pennsylvania on July 7 granted summary judgment in favor of an insurer in a bad faith lawsuit, ruling that the insured failed to state a claim for relief (Arthur J. Morris v. American National Insurance Corp, No. 13-2236, M.D. Pa.; 2015 U.S. Dist. LEXIS 88093).

Mealey's Litigation Procedure - Pennsylvania Federal Judge: Expert's Opinions Meet Reliability, Fit Standards

PHILADELPHIA - An electrical engineer's forensic evaluation of an electrical-current-reducing device that started a fire in a home is sufficient enough to be tested in the adversary process at trial, and his testimony will help the trier of fact, a Pennsylvania federal judge ruled July 7 in denying a bid to preclude the expert from testifying (Donald Dalton, et al., v. McCourt Electric LLC, et al., No. 12-3568, E.D. Pa.; 2015 U.S. Dist. LEXIS 87609).

Mealey's PI/Product Liability - Judge Won't Certify Appeal Of Allergan Kickback Ruling

PHILADELPHIA - A Pennsylvania federal judge on July 2 denied a motion by Allergan Inc. to certify an interlocutory review of his ruling that the company paid kickbacks to doctors which, in turn, caused false claims for prescription drugs to be submitted to government health care programs (United States of America, ex rel. Herbert J. Nevyas, M.D., et al. v. Allergan, Inc., No. 09-532, E.D. Pa.; 2015 U.S. Dist. LEXIS 86243).

Mealey's Insurance - Amtrak Joins Plaintiffs In Seeking Philadelphia MDL For Derailment Actions

PHILADELPHIA - The National Railroad Passenger Corp. (Amtrak) on June 30 joined in the request of 16 plaintiffs to consolidate in the U.S. District Court for the Eastern District of Pennsylvania all suits stemming from the May 12 derailment of an Amtrak passenger train in Philadelphia (In re Amtrak Train Derailment in Philadelphia, PA, on May 12, 2015, No. 2654, JPMDL).

Mealey's PI/Product Liability - Amtrak Joins Plaintiffs In Seeking Philadelphia MDL For Derailment Actions

PHILADELPHIA - The National Railroad Passenger Corp. (Amtrak) on June 30 joined in the request of 16 plaintiffs to consolidate in the U.S. District Court for the Eastern District of Pennsylvania all suits stemming from the May 12 derailment of an Amtrak passenger train in Philadelphia (In re Amtrak Train Derailment in Philadelphia, PA, on May 12, 2015, No. 2654, JPMDL).

Mealey's Toxic Tort/Environmental - Judge Denies Fracking Companies' Tainted Groundwater Dismissal Motions As 'Moot'

HARRISBURG, Pa. - A federal judge in Pennsylvania on June 30 denied as moot a hydraulic fracturing company's motion to partially dismiss a complaint filed by residents who contend that the company contaminated their groundwater (Tammy Manning v. WPX Energy Appalachia LLC, No. 12-0646, M.D. Pa.; 2015 U.S. Dist. LEXIS 84473).

Mealey's Insurance - Widow Of Amtrak Passenger Files Wrongful Death Suit In Pennsylvania Federal Court

PHILADELPHIA - The wife of a man killed in the May 12 derailment of an Amtrak passenger train filed suit in federal court on June 29 on her own behalf and on behalf of her husband's estate (Danna Gildersleeve, et al. v. National Railroad Passenger Corp. a/k/a Amtrak, No. 2:15-cv-03626, E.D. Pa.).

Mealey's PI/Product Liability - Widow Of Amtrak Passenger Files Wrongful Death Suit In Pennsylvania Federal Court

PHILADELPHIA - The wife of a man killed in the May 12 derailment of an Amtrak passenger train filed suit in federal court on June 29 on her own behalf and on behalf of her husband's estate (Danna Gildersleeve, et al. v. National Railroad Passenger Corp. a/k/a Amtrak, No. 2:15-cv-03626, E.D. Pa.).

Mealey's Toxic Tort/Environmental - Group: 'Reckless' Operation Of Nuclear Facility Caused Injuries, Tainted Water

PITTSBURGH - A group of residents on June 26 filed a purported class action in Pennsylvania federal court against a power company and its affiliates, contending that they have been injured as a result of the defendant's "reckless" operation of two nuclear materials processing facilities (Russell Crocker, et al. v. Babcock & Wilcox Power Generation Group Inc., et al., No. 15-00844, W.D. Pa.).

Mealey's PI/Product Liability - Utility Should Be Liable For Injury, Contractor Tells Pennsylvania Supreme Court

HARRISBURG, Pa. - An appeals court improperly vacated a $4.6 million award against a Pennsylvania utility company, a man who was injured while working as a contractor on poles owned by the utility argues in a brief filed in the Pennsylvania Supreme Court on June 25 (Vincent P. Nertavich Jr. v. PPL Electric Utilities Corp., et al., No. 21 EAP 2015, Pa. Sup.).

Mealey's PI/Product Liability - Amtrak Derailment Plaintiffs Ask Judicial Panel To Create MDL In Philadelphia

PHILADELPHIA - A group of 16 plaintiffs on June 23 asked the Judicial Panel on Multidistrict Litigation to consolidate in the U.S. District Court for the Eastern District of Pennsylvania all suits stemming from the May 12 derailment of an Amtrak passenger train in Philadelphia (In re Amtrak Train Derailment in Philadelphia, PA, on May 12, 2015, No. N/A, JPMDL)

Mealey's Insurance - Federal Judge Substantially Denies Motion To Dismiss In Bad Faith Lawsuit

SCRANTON, Pa. - A federal judge in Pennsylvania on June 23 substantially denied an insurer's motion to dismiss in an insurance bad faith lawsuit, ruling that an insured has properly shown that her bad faith claim does not "fall within the purview" of Pennsylvania's Motor Vehicle Financial Responsibility Law (Kerry Odgers v. Progressive Northern Insurance Co., No. 15-329, M.D. Pa.; 2015 U.S. Dist. LEXIS 80981).

Mealey's PI/Product Liability - No Bad Faith In Omission Of Asbestos Action From Bankruptcy, Judge Says

PHILADELPHIA - A man's omission in his bankruptcy filing of an asbestos action under an eight-year stay does not evidence bad faith, but the trustee still gets the first shot at prosecuting the since-reinstated claim, a federal judge in Pennsylvania held June 23 (Willard E. Bartel, administrator for James T. McQueen v. Charles Kurz & Company Inc., et al., No. MDL 875, 11-30511, E.D. Pa.; 2015 U.S. Dist. LEXIS 81387).

Mealey's Bankruptcy - No Bad Faith In Omission Of Asbestos Action From Bankruptcy, Judge Says

PHILADELPHIA - A man's omission in his bankruptcy filing of an asbestos action under an eight-year stay does not evidence bad faith, but the trustee still gets the first shot at prosecuting the since-reinstated claim, a federal judge in Pennsylvania held June 23 (Willard E. Bartel, administrator for James T. McQueen v. Charles Kurz & Company Inc., et al., No. MDL 875, 11-30511, E.D. Pa.; 2015 U.S. Dist. LEXIS 81387).

Mealey's Toxic Tort/Environmental - No Bad Faith In Omission Of Asbestos Action From Bankruptcy, Judge Says

PHILADELPHIA - A man's omission in his bankruptcy filing of an asbestos action under an eight-year stay does not evidence bad faith, but the trustee still gets the first shot at prosecuting the since-reinstated claim, a federal judge in Pennsylvania held June 23 (Willard E. Bartel, administrator for James T. McQueen v. Charles Kurz & Company Inc., et al., No. MDL 875, 11-30511, E.D. Pa.; 2015 U.S. Dist. LEXIS 81387).

Mealey's Insurance - Insurer's Wear-And-Tear Exclusion Bars Coverage For Water Damage, Judge Says

HARRISBURG, Pa. - An insurance policy's wear-and-tear provision excludes coverage for an insured's claimed loss from water damage during Superstorm Sandy, a Pennsylvania federal judge ruled June 22 (Steven J. Inc. v. Landmark American Insurance Co., No. 14-0474, M.D. Pa.; 2015 U.S. Dist. LEXIS 80278).

Mealey's PI/Product Liability - Precedent Spurs Court Ordered Discovery In Asbestos Action Against Employer

HARRISBURG, Pa. - Subsequent Pennsylvania Supreme Court precedent allowing tort actions where a disease arises outside the usual bar for workers' compensation claims requires parties to conduct further discovery in an asbestos action, a state appeals court panel held June 17 (Wendy Ann McCloskey, et al. v. Cemline Corp, et al., Nos. 482 WDA 2014, 530 WDA 2014, Pa. Super.; 2015 Pa. Super. Unpub. LEXIS 1793).

Mealey's Labor & Employment - Precedent Spurs Court Ordered Discovery In Asbestos Action Against Employer

HARRISBURG, Pa. - Subsequent Pennsylvania Supreme Court precedent allowing tort actions where a disease arises outside the usual bar for workers' compensation claims requires parties to conduct further discovery in an asbestos action, a state appeals court panel held June 17 (Wendy Ann McCloskey, et al. v. Cemline Corp, et al., Nos. 482 WDA 2014, 530 WDA 2014, Pa. Super.; 2015 Pa. Super. Unpub. LEXIS 1793).

Mealey's Litigation Procedure - Precedent Spurs Court Ordered Discovery In Asbestos Action Against Employer

HARRISBURG, Pa. - Subsequent Pennsylvania Supreme Court precedent allowing tort actions where a disease arises outside the usual bar for workers' compensation claims requires parties to conduct further discovery in an asbestos action, a state appeals court panel held June 17 (Wendy Ann McCloskey, et al. v. Cemline Corp, et al., Nos. 482 WDA 2014, 530 WDA 2014, Pa. Super.; 2015 Pa. Super. Unpub. LEXIS 1793).

Mealey's Toxic Tort/Environmental - Precedent Spurs Court Ordered Discovery In Asbestos Action Against Employer

HARRISBURG, Pa. - Subsequent Pennsylvania Supreme Court precedent allowing tort actions where a disease arises outside the usual bar for workers' compensation claims requires parties to conduct further discovery in an asbestos action, a state appeals court panel held June 17 (Wendy Ann McCloskey, et al. v. Cemline Corp, et al., Nos. 482 WDA 2014, 530 WDA 2014, Pa. Super.; 2015 Pa. Super. Unpub. LEXIS 1793).