LexisNexis® Legal Newsroom
Mealey's Insurance - Judge: Defendant Failed To Show That Insurer Acted In Bad Faith

HARRISBURG, Pa. - Dismissal of an insurance bad faith claim is proper, a federal judge in Pennsylvania ruled June 22, because the executrix of an estate has failed to show that an insurer acted in bad faith in denying her claim to benefits under a life insurance policy (MONY Life Insurance Co. v. Carol Snyder, f/k/a Carol Eckert, and Pamela Eckert, No. 15-2109, M.D. Pa.; 2016 U.S. Dist. LEXIS 34371).

Mealey's Litigation Procedure - Investor Argues It Properly Pleaded All Elements Of Its Securities Law Claims

PITTSBURGH - Dismissal of a securities class action lawsuit is not proper because the lead plaintiff in the action has properly pleaded a material misrepresentation or omission, scienter and loss causation, the lead plaintiff argues in a June 20 opposition brief filed in Pennsylvania federal court (James Martin v. GNC Holdings Inc., et al., No. 15-1522, W.D. Pa.).

Mealey's Securities/D&O Liability - Investor Argues It Properly Pleaded All Elements Of Its Securities Law Claims

PITTSBURGH - Dismissal of a securities class action lawsuit is not proper because the lead plaintiff in the action has properly pleaded a material misrepresentation or omission, scienter and loss causation, the lead plaintiff argues in a June 20 opposition brief filed in Pennsylvania federal court (James Martin v. GNC Holdings Inc., et al., No. 15-1522, W.D. Pa.).

Mealey's Bankruptcy - Bankruptcy Judge: Insurers Can Seek Contribution From Pittsburgh Corning Parent

PITTSBURGH - A Pennsylvania federal bankruptcy judge approved a stipulation June 14 allowing insurers to proceed with their claim against the parent company of Chapter 11 debtor Pittsburgh Corning Corp. (PCC) for contribution or indemnification in a Louisiana state court asbestos premises liability action (In re: Pittsburgh Corning Corporation, No. 00-22876, W.D. Pa. Bkcy.).

Mealey's Litigation Procedure - Pennsylvania Panel: Discovery Of Reporters' Materials Does Not Violate Privilege

PITTSBURGH - Because the materials sought via discovery from certain reporters by a defamation suit plaintiff do not pertain to confidential sources, a Pennsylvania Superior Court panel on June 15 held that its disclosure would not violate the journalist's privilege under the First Amendment to the U.S. Constitution (Dominick D. DiPaolo v. Times Publishing Co., et al., No. 1713 WDA 2014, Pa. Super.; 2016 Pa. Super. LEXIS 323).

Mealey's PI/Product Liability - Judge Rejects Crane Co.'s Attempt To Nix Asbestos Verdict With Settlement Offsets

PHILADELPHIA - A federal judge in Pennsylvania on June 15 rejected Crane Co.' argument that settlements left it with zero liability for an asbestos verdict, saying precedent permits offsets only for settling parties found liable at trial and that the offsets cannot reduce a verdict below the amount awarded by a jury (Lynn C. Dobrick, et al. v. Air & Liquid Systems Corp., et al., No. 10-03202, E.D. Pa.).

Mealey's Toxic Tort/Environmental - Judge Rejects Crane Co.'s Attempt To Nix Asbestos Verdict With Settlement Offsets

PHILADELPHIA - A federal judge in Pennsylvania on June 15 rejected Crane Co.' argument that settlements left it with zero liability for an asbestos verdict, saying precedent permits offsets only for settling parties found liable at trial and that the offsets cannot reduce a verdict below the amount awarded by a jury (Lynn C. Dobrick, et al. v. Air & Liquid Systems Corp., et al., No. 10-03202, E.D. Pa.).

Mealey's Toxic Tort/Environmental - Residents: $4.24M Groundwater Verdict Should Stand; New Trial Not Warranted

HARRISBURG, Pa. - The Pennsylvania residents who won a $4.24 million verdict against a hydraulic fracturing company for groundwater contamination on June 14 filed a brief in a district court, opposing the company's motion for judgment as a matter of law, new trial or remittitur on grounds that it is "smarting from a humiliating defeat," and it seeks "to wipe out the reasoned decision" that was handed down against it (Nolen Scott Ely v. Cabot Oil & Gas Corporation, No. 09-2284, M.D. Pa.).

Mealey's Toxic Tort/Environmental - Magistrate Judge Trims Claims From PPG Industries' Third-Party Complaint

PITTSBURGH - A federal magistrate judge in Pennsylvania on June 9 ruled that PPG Industries Inc. can pursue claims for contribution under state law and under the Hazardous Sites Cleanup Act (HSCA) from a third party but that it could not pursue claims for cost recovery and indemnification (PennEnvironment, et al. v. PPG Industries Inc., et al., No. 12-342, W.D. Pa.; 2016 U.S. Dist. LEXIS 75402).

Mealey's IP/Tech - Comcast, T-Mobile, Google Must Reply To Presuit Trade Secrets Discovery Petition

PHILADELPHIA - Comcast Corp., T-Mobile USA Inc. and Google Inc. were ordered by a Pennsylvania federal judge on June 7 to respond to a transportation firm's verified petition seeking pre-action discovery related to learning the identity of an unknown individual that purportedly stole the firm's trade secrets (Estes Forwarding Worldwide LLC v. Comcast Corp., No. 2:16-mc-00132, E.D. Pa.).

Mealey's Litigation Procedure - Comcast, T-Mobile, Google Must Reply To Presuit Trade Secrets Discovery Petition

PHILADELPHIA - Comcast Corp., T-Mobile USA Inc. and Google Inc. were ordered by a Pennsylvania federal judge on June 7 to respond to a transportation firm's verified petition seeking pre-action discovery related to learning the identity of an unknown individual that purportedly stole the firm's trade secrets (Estes Forwarding Worldwide LLC v. Comcast Corp., No. 2:16-mc-00132, E.D. Pa.).

Mealey's PI/Product Liability - Appeals Court Finds Home Sales Agreement Disclaimed Limited Warranty

PHILADELPHIA - A Pennsylvania appeals court panel on June 9 affirmed a trial court judge's decision to award summary judgment to a home builder, finding that a woman's sales agreement for the house disclaimed any limited warranty for merchantability, fitness for a particular purpose, reasonable workmanship or habitability (Patricia Streiner v. Baker Residential of Pennsylvania LLC, No. 1253 EDA 2015, 2016 Pa. Super. Unpub. LEXIS 2024).

Mealey's Insurance - Federal Judge Says Insurer Must Indemnify Damages To Homeowner's Panels

PITTSBURGH - An insurer must indemnify a homeowner's total recovery of $174,553.04 for the portion of damages to structural insulated panels (SIPs) that could not be recovered under the Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCPL), including the homeowner's failure to mitigate damages, a Pennsylvania federal judge held June 9 (Cincinnati Insurance Co. v. Jerry Ellis Construction, et al., No. 14-155, W.D. Pa.; 2016 U.S. Dist. LEXIS 75405).

Mealey's Litigation Procedure - Shareholders To Pay $8.5M To Settle Claims In Securities Class Action Lawsuit

PHILADELPHIA - Urban Outfitters Inc. and certain of its executive officers will pay $8.5 million to settle claims that they misrepresented the clothing retailer's business and financial condition in violation of federal securities laws, according to a stipulation of settlement filed June 8 in Pennsylvania federal court by the lead plaintiff in the action (In re Urban Outfitters Inc. Securities Litigation, No. 13-5978, E.D. Pa.; 2016 U.S. Dist. LEXIS 24915).

Mealey's Insurance - Insurance-Purchasing Group's Motion To Dismiss Denied By Federal Judge

PHILADELPHIA - An insurance-purchasing group's motion to dismiss Aspen Specialty Insurance Co.'s suit seeking rescission of policies it issued to the company based on material misrepresentations was denied by a federal judge in Pennsylvania on June 9, after the judge found that the insurer sufficiently stated claims for relief (Aspen Specialty Insurance Company v. Hospitality Supportive Systems LLC, No. 16-1133, E.D. Pa.; 2016 U.S. Dist. LEXIS 75110).

Mealey's Securities/D&O Liability - Shareholders To Pay $8.5M To Settle Claims In Securities Class Action Lawsuit

PHILADELPHIA - Urban Outfitters Inc. and certain of its executive officers will pay $8.5 million to settle claims that they misrepresented the clothing retailer's business and financial condition in violation of federal securities laws, according to a stipulation of settlement filed June 8 in Pennsylvania federal court by the lead plaintiff in the action (In re Urban Outfitters Inc. Securities Litigation, No. 13-5978, E.D. Pa.; 2016 U.S. Dist. LEXIS 24915).

Mealey's Insurance - Conclusory Allegations Doom Claim In Bad Faith Suit, Magistrate Judge Rules

PHILADELPHIA - Dismissal of a bad faith claim in an insurance breach of contract and bad faith lawsuit is proper because an insured has provided only conclusory allegations in making her claims against the insurer, a federal magistrate judge in Pennsylvania ruled June 8 (Mary Camp v. New Jersey Manufacturers Insurance Co., No. 16-1087, E.D. Pa.; 2016 U.S. Dist. LEXIS 74496).

Mealey's Insurance - Federal Magistrate Judge Dismisses Insurer's Fraud Indemnity Counterclaims

PITTSBURGH - A Pennsylvania federal magistrate judge on June 3 dismissed fraud and indemnification counterclaims filed by an insurer in a lawsuit over a contract payment dispute between a town's wastewater authority and the insurer (Liberty Mutual Insurance Co. v. The Municipal Authority of the City of McKeesport, No. 15-1319, W.D. Pa.).

Mealey's PI/Product Liability - Pennsylvania Superior Court Vacates $27.6M Knee Verdict, Remands For Remittitur

PHILADELPHIA - The Pennsylvania Superior Court on June 6 vacated a $27.6 million Zimmer knee judgment as excessive and remanded it to the trial court for remittitur (Margo Polett, et al. v. Public Communications, Inc., et al., No. 1865 EDA 2011, Pa. Super.).

Mealey's PI/Product Liability - Defendants Tell Judge Bare-Metal Rulings Should Stand

PHILADELPHIA - A subsequent opinion undercuts plaintiffs' request that a judge reconsider his bare-metal ruling, three asbestos defendants told a federal judge in Pennsylvania on June 2 (Leroy J. Mortimer and Cheryl Mortimer v. A.O. Smith Corp., et al., No. MDL 875, 13-4169, E.D. Pa.).

Mealey's Insurance - Judge Dismisses Asbestos Reinsurance Dispute Under First Filed Rule

PHILADELPHIA - A federal judge in Pennsylvania on June 2 granted a reinsurer's motion to dismiss an asbestos-related dispute because the reinsurer had filed a substantially similar suit a month before the instant action (St. Paul Fire and Marine Insurance Company v. R&Q Reinsurance Company, No. 15-cv-5528, E.D. Pa.; 2016 U.S. Dist. LEXIS 72136).

Mealey's Toxic Tort/Environmental - Defendants Tell Judge Bare-Metal Rulings Should Stand

PHILADELPHIA - A subsequent opinion undercuts plaintiffs' request that a judge reconsider his bare-metal ruling, three asbestos defendants told a federal judge in Pennsylvania on June 2 (Leroy J. Mortimer and Cheryl Mortimer v. A.O. Smith Corp., et al., No. MDL 875, 13-4169, E.D. Pa.).

Mealey's PI/Product Liability - Family Of Construction Worker Sues Amtrak For Fatal Crash

PHILADELPHIA - The daughter of a construction worker who was killed by an Amtrak train when it crashed into a backhoe filed suit June 2 in a Pennsylvania court against Amtrak, claiming that the train company's negligence caused his death (Montia Carter v. National Railroad Passenger Corporation a/k/a Amtrak, No. 1690503923, Pa. Cmmn. Pleas, Phila. Co.).

Mealey's IP/Tech - Pennsylvania Federal Judge Denies Fee Request In Copyright Case

PITTSBURGH - A copyright plaintiff had "at least a colorable basis for believing" that a competitor's software program infringed, a Pennsylvania federal judge ruled May 31, denying an award of attorney fees (Clarity Software LLC v. Financial Independence Group LLC, No. 13-795, W.D. Pa.; 2016 U.S. Dist. LEXIS 70602).

Mealey's Litigation Procedure - Shop-Vac Horsepower MDL Settlement Granted Preliminary Approval

WILLIAMSPORT, Pa. - A Pennsylvania federal judge on May 26 granted preliminary approval of a settlement of a consolidated complaint accusing Shop-Vac Corp., Lowe's Home Centers Inc. and Lowe's HIW Inc. of misrepresenting certain features of wet/dry vacuums (In Re: Shop-Vac Marketing and Sales Practices Litigation, No. 12-2380, M.D. Pa.; 2016 U.S. Dist. LEXIS 69345).