LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Withholding Of Surveillance In Injury Case Deemed Not Harmless, But Not Willful

SCRANTON, Pa. - A Pennsylvania federal judge on Jan. 3 concluded that the operator of a Poconos resort had no justification for not timely submitting video surveillance discovery in a personal injury suit, but because he found the failure to have not been in bad faith, the judge stopped short of granting the plaintiffs' motion to strike use of the surveillance materials at trial (Brian Perez, et al. v. Great Wolf Lodge of the Poconos LLC, et al., No. 3:12-cv-01322, M.D. Pa.; 2017 U.S. Dist. LEXIS 308)

Mealey's Insurance - Judge Allows 3rd Party To Amend Counterclaim In Interpleader Action

HARRISBURG, Pa. - Over the objections of an insurer, a federal judge in Pennsylvania on Dec. 20 granted a third party's motion to amend her counterclaim against another third party in an interpleader action, ruling that amendment will be allowed because the amendment will be used only to clarify claims already made and not to add new material (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 175414).

Mealey's PI/Product Liability - Texas Jury Renders Defense Verdict In Nursing Home Negligence Suit

DALLAS - A Texas state jury on Dec. 16 found that a nursing home and hospital were not responsible for the death of an elderly woman whose family filed a wrongful death and negligence suit after she developed bed sores and died from pneumonia (Greg Frausto v. Pennsylvania Rehab LP., et al., No. DC-12-13131, Texas, 68th Jud. Dist., Dallas Co.). VIDEO FROM THE TRIAL IS AVAILABLE.

Mealey's Insurance - Liquidator Wants Approval Of $140M In Allowed Amounts To Guaranty Associations

HARRISBURG, Pa. - The liquidator of an insolvent insurer asked a Pennsylvania court on Dec. 14 to approve the allowance of nearly $140 million in claims from various state insurance guaranty associations (In re: Reliance Insurance Company in Liquidation, No. 1 REL 2001, Pa. Cmwlth.).

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

WILLIAMSPORT, Pa. - A Pennsylvania federal judge on Dec. 9 granted final 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 170841).

Mealey's Labor & Employment - Coca-Cola Ex-Employee Defends Certification Of Laptop Data Theft Classes

PHILADELPHIA - A former employee of The Coca-Cola Co. (Coke) argues in a Dec. 7 brief in Pennsylvania federal court that his bid for certification of a class of Coke employees whose personally identifying information (PII) is appropriate, contending that his proposed classes meet the requirements of Federal Rule of Civil Procedure 23 (Shane K. Enslin v. The Coca-Cola Co., et al., No. 2:14-cv-06476, E.D. Pa.).

Mealey's Litigation Procedure - Coca-Cola Ex-Employee Defends Certification Of Laptop Data Theft Classes

PHILADELPHIA - A former employee of The Coca-Cola Co. (Coke) argues in a Dec. 7 brief in Pennsylvania federal court that his bid for certification of a class of Coke employees whose personally identifying information (PII) is appropriate, contending that his proposed classes meet the requirements of Federal Rule of Civil Procedure 23 (Shane K. Enslin v. The Coca-Cola Co., et al., No. 2:14-cv-06476, E.D. Pa.).

Mealey's Insurance - Lack Of Factual Allegations Dooms Bad Faith Claim, Federal Judge Rules

PHILADELPHIA - Dismissal an insured's bad faith claim against his insurer for failure to pay uninsured motorist benefits pursuant to an automobile insurance policy is proper because the insured failed to state any factual allegations to support his bad faith claim, a federal judge in Pennsylvania ruled Dec. 5 (Vincent Talotta v. State Farm Mutual Automobile Insurance Co., No. 16-5557, E.D. Pa.; 2016 U.S. Dist. LEXIS 167248).

Mealey's PI/Product Liability - Judge Declines To Bar Medical Testimony On History Of Neck Pain In Auto Negligence Suit

SCRANTON, Pa. - In a negligence lawsuit stemming from an automobile accident, a Pennsylvania federal judge on Dec. 5 declined to exclude medical testimony on a man's history of neck pain and how any exacerbation of the neck would have resolved itself in a matter of months because any disagreement can be addressed through cross-examination (Daniel Broe and Heidi Broe v. Steven Manns, No. 15-985, M.D. Pa.; 2016 U.S. Dist. LEXIS 167593).

Mealey's Litigation Procedure - Judge Declines To Bar Medical Testimony On History Of Neck Pain In Auto Negligence Suit

SCRANTON, Pa. - In a negligence lawsuit stemming from an automobile accident, a Pennsylvania federal judge on Dec. 5 declined to exclude medical testimony on a man's history of neck pain and how any exacerbation of the neck would have resolved itself in a matter of months because any disagreement can be addressed through cross-examination (Daniel Broe and Heidi Broe v. Steven Manns, No. 15-985, M.D. Pa.; 2016 U.S. Dist. LEXIS 167593).

Mealey's Insurance - Judge: Insurer's Revision Of Estimate In Insurance Dispute Not In Bad Faith

SCRANTON, Pa. - A federal judge in Pennsylvania on Dec. 5 granted an insurer's motion for summary judgment on an insured's claim for insurance bad faith in a homeowners insurance dispute, ruling that the insured failed to show that the insurer's actions during the investigation and subsequent issuance of an estimate and revised estimates rise to the level of bad faith under Pennsylvania law (Joan Yatsonsky v. State Farm Fire & Casualty Co., No. 15-1777, M.D. Pa.; 2016 U.S. Dist. LEXIS 167224).

Mealey's Litigation Procedure - Plaintiffs Argue That Class Treatment Is Superior In Spyware Suit

ERIE, Pa. - In a Dec. 2 reply brief supporting their motion for class certification, a Wyoming couple, who unknowingly purchased a laptop with spyware installed on it, tells a Pennsylvania federal court that their complaint against the laptop seller for violation of the Electronic Communications Privacy Act (ECPA) merits class treatment because of "the ability to answer predominating common questions in a uniform manner" in compliance with Federal Rule of Civil Procedure 23 (Crystal Byrd, et al. v. Aaron's Inc., et al., No. 1:11-cv-00101, W.D. Pa.).

Mealey's IP/Tech - Plaintiffs Argue That Class Treatment Is Superior In Spyware Suit

ERIE, Pa. - In a Dec. 2 reply brief supporting their motion for class certification, a Wyoming couple, who unknowingly purchased a laptop with spyware installed on it, tells a Pennsylvania federal court that their complaint against the laptop seller for violation of the Electronic Communications Privacy Act (ECPA) merits class treatment because of "the ability to answer predominating common questions in a uniform manner" in compliance with Federal Rule of Civil Procedure 23 (Crystal Byrd, et al. v. Aaron's Inc., et al., No. 1:11-cv-00101, W.D. Pa.).

Mealey's PI/Product Liability - Pennsylvania High Court Dismisses Asbestos Appeal Over Dangerous Product Question

HARRISBURG, Pa. - The Pennsylvania Supreme Court on Nov. 22 dismissed as improvidently granted an appeal challenging whether a judge or jury properly decides if the lack of warnings on a product renders the product unreasonably dangerous (Thomas Amato and Jean Amato v. Bell & Gossett, et al., No. 5 EAP 2016, Charlotte Vinciguerra, et al. v. Bayer Cropscience Inc., et al., No. 4 EAP 2016, Pa. Sup.).

Mealey's Toxic Tort/Environmental - Pennsylvania High Court Dismisses Asbestos Appeal Over Dangerous Product Question

HARRISBURG, Pa. - The Pennsylvania Supreme Court on Nov. 22 dismissed as improvidently granted an appeal challenging whether a judge or jury properly decides if the lack of warnings on a product renders the product unreasonably dangerous (Thomas Amato and Jean Amato v. Bell & Gossett, et al., No. 5 EAP 2016, Charlotte Vinciguerra, et al. v. Bayer Cropscience Inc., et al., No. 4 EAP 2016, Pa. Sup.).

Mealey's Litigation Procedure - Bank, Payment Processing Subsidiary Settle RICO Class Suit For $37.5M

PHILADELPHIA - A Pennsylvania federal magistrate judge on Nov. 21 granted final approval of a $37.5 million settlement to be paid by Zions National Bank and its former payment processing subsidiary to end a class complaint accusing the companies of knowingly processing payments for fraudulent telemarketers (Reynaldo Reyes, et al. v. Zions First National Bank, et al., No. 10-345, E.D. Pa.).

Mealey's Health Law - Pennsylvania Federal Judge: ERISA Controls Breach Of Contract, Fiduciary Duty Claims

PHILADELPHIA - A Pennsylvania federal judge in an opinion filed Nov. 18 denied a plaintiff's motion to remand a case alleging improper denial of claims under an Employee Retirement Income Security Act-qualified health plan to state court, saying that claims for breach of contract and breach of fiduciary duty are properly brought under ERISA (Eric A. Shore P.C. v. Independence Blue Cross, et al., No. 16-5224, E.D. Pa.; 2016 U.S. Dist. LEXIS 160022).

Mealey's PI/Product Liability - Pa. Top Court Affirms Experts' Cumulative Exposure Testimony In $1M Asbestos Case

HARRISBURG, Pa. - Expert testimony that every dose of asbestos contributes to the cumulative total simply states accepted scientific fact and is not the type of "every exposure" testimony rejected by precedent, a divided Pennsylvania Supreme Court held Nov. 22 in affirming a nearly $1 million verdict (Richard Rost and Joyce Rost v. Ford Motor Co., No. 56 EAP 2014, Pa. Sup.).

Mealey's Insurance - Judge Allows Insured To Add Wife As Indispensable Party In Bad Faith Suit

PHILADELPHIA - A federal judge in Pennsylvania on Nov. 21 rejected an insurer's motion to dismiss in an insurance breach of contract and bad faith lawsuit for failure to join an indispensable party, allowing an insured to amend his complaint to add his wife as a plaintiff (William Koepke v. Allstate Vehicle & Property Insurance Co., No. 16-4633, E.D. Pa.; 2016 U.S. Dist. LEXIS 161112).

Mealey's Labor & Employment - Pennsylvania Federal Judge: ERISA Controls Breach Of Contract, Fiduciary Duty Claims

PHILADELPHIA - A Pennsylvania federal judge in an opinion filed Nov. 18 denied a plaintiff's motion to remand a case alleging improper denial of claims under an Employee Retirement Income Security Act-qualified health plan to state court, saying that claims for breach of contract and breach of fiduciary duty are properly brought under ERISA (Eric A. Shore P.C. v. Independence Blue Cross, et al., No. 16-5224, E.D. Pa.; 2016 U.S. Dist. LEXIS 160022).

Mealey's Toxic Tort/Environmental - Pa. Top Court Affirms Experts' Cumulative Exposure Testimony In $1M Asbestos Case

HARRISBURG, Pa. - Expert testimony that every dose of asbestos contributes to the cumulative total simply states accepted scientific fact and is not the type of "every exposure" testimony rejected by precedent, a divided Pennsylvania Supreme Court held Nov. 22 in affirming a nearly $1 million verdict (Richard Rost and Joyce Rost v. Ford Motor Co., No. 56 EAP 2014, Pa. Sup.).

Mealey's Litigation Procedure - Final Approval Sought In Settlement Of Angie's List Paid Reviews Lawsuit

PHILADELPHIA - The lead plaintiffs in a putative fraud and breach of contract class action against Angie's List Inc. filed a motion in Pennsylvania federal court Nov. 14, seeking final approval of a settlement in their lawsuit over the consumer review site operator's practice of obtaining revenue from service providers that are the subject of such reviews (Janell Moore, et al. v. Angie's List Inc., No. 2:15-cv-01243, E.D. Pa.).

Mealey's Labor & Employment - Iron Hill Brewery Settles Bartenders, Servers Wage Claims For $1.29M

PHILADELPHIA - A company with restaurants in Pennsylvania, New Jersey and Delaware will pay $1.29 million to settle claims that it wrongfully used a tip credit when paying its servers and bartenders as it required those tipped employees to share those tips with other workers (Matthew Schaub, et al. v. Chesapeake & Delaware Brewing Holdings and Iron Hill Brewery, LLC, No. 16-756, E.D. Pa.; 2016 U.S. Dist. LEXIS 157203).

Mealey's IP/Tech - Final Approval Sought In Settlement Of Angie's List Paid Reviews Lawsuit

PHILADELPHIA - The lead plaintiffs in a putative fraud and breach of contract class action against Angie's List Inc. filed a motion in Pennsylvania federal court Nov. 14, seeking final approval of a settlement in their lawsuit over the consumer review site operator's practice of obtaining revenue from service providers that are the subject of such reviews (Janell Moore, et al. v. Angie's List Inc., No. 2:15-cv-01243, E.D. Pa.).

Mealey's Litigation Procedure - Iron Hill Brewery Settles Bartenders, Servers Wage Claims For $1.29M

PHILADELPHIA - A company with restaurants in Pennsylvania, New Jersey and Delaware will pay $1.29 million to settle claims that it wrongfully used a tip credit when paying its servers and bartenders as it required those tipped employees to share those tips with other workers; a federal judge in Pennsylvania approved the final settlement on Nov. 14 (Matthew Schaub, et al. v. Chesapeake & Delaware Brewing Holdings and Iron Hill Brewery, LLC, No. 16-756, E.D. Pa.; 2016 U.S. Dist. LEXIS 157203).