LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Insurer Seeks Clarification On Discovery To Reinsurer In Breach Of Contract Suit

PHILADELPHIA - In a breach of contract suit, an insurer moved for clarification on Aug. 11 with a Pennsylvania federal court to confirm that it is to produce only unredacted versions of documents previously produced with redactions based on proprietary material, reserves and "other reinsurance" information and additional documents reflecting the date when the insurer provided first notice of asbestos claims to other reinsurers of relevant policies (R&Q Reinsurance Co. v. St. Paul Fire & Marine Insurance Co., No. 16-1473, E.D. Pa.).

Mealey's Insurance - Insurer Seeks Clarification On Discovery To Reinsurer In Breach Of Contract Suit

PHILADELPHIA - In a breach of contract suit, an insurer moved for clarification on Aug. 11 with a Pennsylvania federal court to confirm that it is to produce only unredacted versions of documents previously produced with redactions based on proprietary material, reserves and "other reinsurance" information and additional documents reflecting the date when the insurer provided first notice of asbestos claims to other reinsurers of relevant policies (R&Q Reinsurance Co. v. St. Paul Fire & Marine Insurance Co., No. 16-1473, E.D. Pa.).

Mealey's Labor & Employment - Split 7th Circuit Panel: ERISA Plan Forum-Selection Clauses Enforceable

CHICAGO - A split Seventh Circuit U.S. Court of Appeals panel on Aug. 10 denied a petition for writ of mandamus asking it to transfer an Employee Retirement Income Security Act lawsuit back to Pennsylvania federal court, ruling in a case of first impression for the circuit that a forum-selection clause in an ERISA plan overrides the statute's direction that suits may be brought in certain courts tied to the plan or the beneficiary (In re: George W. Mathias, No. 16-3808, 7th Cir., 2017 U.S. App. LEXIS 14803).

Mealey's Insurance - Judge Approves Payment Of Reinsurance To Insured In Insurer's Liquidation

HARRISBURG, Pa. - In the liquidation of Reliance Insurance Co., a Pennsylvania trial judge on Aug. 9 approved a direct payment of $269,341 in proceeds by a guarantor of a reinsurer to an insured (In re: Reliance Insurance Co. in liquidation, No. 1 REL 2001, Pa. Cmwlth.).

Mealey's IP/Tech - Federal Circuit: No Right To Jury Trial In Section 285 Disputes

WASHINGTON, D.C. - A Pennsylvania federal judge did not err in making factual findings not foreclosed by a jury's verdict that a patent plaintiff lacked standing to assert infringement, in connection with a subsequent decision to award two prevailing infringement defendants $3.9 million in attorney fees, the Federal Circuit U.S. Court of Appeals ruled Aug. 10 (AIA America Inc. v. Avid Radiopharmaceuticals, No. 16-2647, Fed. Cir., 2017 U.S. App. LEXIS 14745).

Mealey's Litigation Procedure - Pennsylvania Federal Judge Says 401(k) Lawsuit Cannot Proceed As Class Action

PHILADELPHIA - A Pennsylvania federal judge on Aug. 7 ruled in an issue of first impression for the Third Circuit that a 401(k) plan participant's lawsuit against a company, its retirement plan and its administrators may not proceed as a class action because the plaintiff has failed to allege that he is an adequate representative of other plan participants (Jason Mendenhall v. Out of Site Infrastructure, Inc., et al., No. 2:14-4996, E.D. Pa., 2017 U.S. Dist. LEXIS 124341).

Mealey's Labor & Employment - Pennsylvania Federal Judge Says 401(k) Lawsuit Cannot Proceed As Class Action

PHILADELPHIA - A Pennsylvania federal judge on Aug. 7 ruled in an issue of first impression for the Third Circuit that a 401(k) plan participant's lawsuit against a company, its retirement plan and its administrators may not proceed as a class action because the plaintiff has failed to allege that he is an adequate representative of other plan participants (Jason Mendenhall v. Out of Site Infrastructure, Inc., et al., No. 2:14-4996, E.D. Pa., 2017 U.S. Dist. LEXIS 124341).

Mealey's Insurance - Judge Says Insured's Faulty Work Is Not An 'Occurrence' Triggering Duty To Defend

PHILADELPHIA - An insured subcontractor's faulty workmanship is not an "occurrence" under a special business owner's policy, a Pennsylvania federal judge ruled Aug. 8, finding that the insurer had no duty to defend and indemnify an underlying lawsuit (MMG Insurance Co. v. Floor Associates Inc., No. 15-4814, E.D. Pa., 2017 U.S. Dist. LEXIS 124883).

Mealey's Toxic Tort/Environmental - Judge Orders Insurer To Produce Documents To Reinsurer In Breach Of Contract Suit

PHILADELPHIA - In a breach of contract suit over asbestos insurance claims, a Pennsylvania federal judge on Aug. 1 ordered an insurer to produce to a reinsurer original, unredacted versions of documents concerning proprietary information, historical loss reserves and information related to other reinsurance companies (R&Q Reinsurance Co. v. St. Paul Fire & Marine Insurance Co., No. 16-1473, E.D. Pa., 2017 U.S. Dist. LEXIS 120858).

Mealey's PI/Product Liability - Judge Orders Insurer To Produce Documents To Reinsurer In Breach Of Contract Suit

PHILADELPHIA - In a breach of contract suit over asbestos insurance claims, a Pennsylvania federal judge on Aug. 1 ordered an insurer to produce to a reinsurer original, unredacted versions of documents concerning proprietary information, historical loss reserves and information related to other reinsurance companies (R&Q Reinsurance Co. v. St. Paul Fire & Marine Insurance Co., No. 16-1473, E.D. Pa., 2017 U.S. Dist. LEXIS 120858).

Mealey's Insurance - Judge Orders Insurer To Produce Documents To Reinsurer In Breach Of Contract Suit

PHILADELPHIA - In a breach of contract suit over asbestos insurance claims, a Pennsylvania federal judge on Aug. 1 ordered an insurer to produce to a reinsurer original, unredacted versions of documents concerning proprietary information, historical loss reserves and information related to other reinsurance companies (R&Q Reinsurance Co. v. St. Paul Fire & Marine Insurance Co., No. 16-1473, E.D. Pa., 2017 U.S. Dist. LEXIS 120858).

Mealey's Insurance - Woman Sentenced To 46 Months For Obtaining Unlawful Compensation From Medicaid

HARRISBURG, Pa. - A federal judge in Pennsylvania on July 25 sentenced a woman to 46 months in prison for obtaining $84,500 in compensation from Medicaid for behavioral health services she provided even though she was excluded from the program for previous convictions for health care fraud, the U.S. Department of Justice announced (United States of America v. Tammie Sensenig, No. 17cr0043, M.D. Pa.).

Mealey's Labor & Employment - Pennsylvania High Court: No Vet Preference For Military Academy Cadet

HARRISBURG, Pa. - A cadet at a military academy who never obligated himself to subsequent military service does not qualify for veterans' preference for testing and hiring in Pennsylvania, the Pennsylvania Supreme Court ruled July 25 (Scott R. Blake v. State Civil Service Commission, No. 103 MAP 2016, Pa. Sup., 2017 Pa. LEXIS 1739).

Mealey's Insurance - Pennsylvania Appeals Court Affirms Denial of Request For Post-Conviction Relief

HARRISBURG, Pa. - A trial court judge properly denied a man's petition under the Post-Conviction Relief Act (PCRA) seeking reversal of his conviction for insurance fraud, the Pennsylvania Superior Court ruled July 26, holding that the man was ineligible for such relief because he was not incarcerated or under supervised relief at the time the request was filed (Commonwealth v. Robert Carl Bolus, No. 1300 MDA 2016, Pa. Super., 2017 Pa. Super. Unpub. LEXIS 2858).

Mealey's Insurance - 3rd Circuit Affirms Verdict In Insured's Favor In Collapsed Facade Dispute

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on July 26 affirmed a Pennsylvania federal jury's verdict in favor of an insured after the stone facade on her home collapsed, rejecting the insurer's argument that the main cause of the collapse is excluded under the homeowners policy (Ahsaki Gordon, et al. v. Allstate Property and Casualty Insurance Co., No. 16-3671, 3rd Cir., 2017 U.S. App. LEXIS 13507).

Mealey's Labor & Employment - Pennsylvania Restaurant Files Counterclaims Against Drivers In Tip-Pooling Suit

WILLIAMSPORT, Pa. - A State College, Pa., restaurant facing a class complaint by five delivery drivers over the restaurant's tip-pooling policy denied the claims in its July 21 answer filed in a Pennsylvania federal court and brought counterclaims accusing the lead named plaintiff of fraud, negligent and intentional misrepresentation and breach of the duty of loyalty (Jacob Wilson, et al. v. Wings Over Happy Valley MDF, LLC, et al., No. 17-915, M.D. Pa.).

Mealey's Insurance - Judge Approves Reinsurer's Direct Payment To Insured In Reliance's Liquidation

HARRISBURG, Pa. - A Pennsylvania judge on July 25 approved a direct payment of reinsurance by a reinsurer to an insured in the liquidation of Reliance Insurance Co. (In re: Reliance Insurance Co. in liquidation, No. 1 REL 2001, Pa. Cmwlth.).

Mealey's Litigation Procedure - Pennsylvania Restaurant Files Counterclaims Against Drivers In Tip-Pooling Suit

WILLIAMSPORT, Pa. - A State College, Pa., restaurant facing a class complaint by five delivery drivers over the restaurant's tip-pooling policy denied the claims in its July 21 answer filed in a Pennsylvania federal court and brought counterclaims accusing the lead named plaintiff of fraud, negligent and intentional misrepresentation and breach of the duty of loyalty (Jacob Wilson, et al. v. Wings Over Happy Valley MDF, LLC, et al., No. 17-915, M.D. Pa.).

Mealey's Toxic Tort/Environmental - Pennsylvania Man: Monsanto Liable For Causing Cancer By Promoting Glyphosate

PHILADELPHIA - A Pennsylvania man on July 21 sued Monsanto Co. in the U.S. District Court for the Eastern District of Pennsylvania, contending that the company is liable for negligent conduct because he developed cancer as a result of using the company's herbicide Roundup, which contains glyphosate (Frederick Johnson v. Monsanto Company, No. 17-3260, E.D. Pa.).

Mealey's Litigation Procedure - Partial Dismissals Granted In Union's Average Wholesale Drug Price Class Action

PHILADELPHIA - A Pennsylvania federal judge on July 24 granted in part and denied in part motions by several generic drug companies to dismiss claims by a union health fund that they inflated their average wholesale prices (AWPs), costing the union money while providing a "spread" to pharmacies to dispense the companies' drugs (Plumbers' Local Union No. 690 Health Plan v. Apotex Corp., et al., No. 16-665, E.D. Pa., 017 U.S. Dist. LEXIS 114733).

Mealey's Labor & Employment - Pennsylvania Federal Judge Decertifies Class, Dismisses Health Aides' Wage Claims

PHILADELPHIA - A Pennsylvania federal judge on July 21 decertified a conditionally certified collective action class and granted an employer's motion for summary judgment in a suit filed by a health aide who alleged that she and other similarly situated workers were denied timely wage payments (Markisha Gordon v. Maxim Healthcare Services, Inc., No. 13-7175, E.D. Pa., 2017 U.S. App. LEXIS 113736).

Mealey's Litigation Procedure - Pennsylvania Federal Judge Decertifies Class, Dismisses Health Aides' Wage Claims

PHILADELPHIA - A Pennsylvania federal judge on July 21 decertified a conditionally certified collective action class and granted an employer's motion for summary judgment in a suit filed by a health aide who alleged that she and other similarly situated workers were denied timely wage payments (Markisha Gordon v. Maxim Healthcare Services, Inc., No. 13-7175, E.D. Pa., 2017 U.S. App. LEXIS 113736).

Mealey's PI/Product Liability - Partial Dismissals Granted In Union's Average Wholesale Drug Price Class Action

PHILADELPHIA - A Pennsylvania federal judge on July 24 granted in part and denied in part motions by several generic drug companies to dismiss claims by a union health fund that they inflated their average wholesale prices (AWPs), costing the union money while providing a "spread" to pharmacies to dispense the companies' drugs (Plumbers' Local Union No. 690 Health Plan v. Apotex Corp., et al., No. 16-665, E.D. Pa., 017 U.S. Dist. LEXIS 114733).

Mealey's Health Law - Administrators Cannot Violate Anti-Kickback Law, 3rd Circuit Finds

PHILADELPHIA - A Third Circuit U.S. Court of Appeals panel ruled July 19 that administrators of an outpatient surgical facility cannot be found liable for violating Pennsylvania's insurance fraud statute because the anti-kickback provision of the statute applies only to health care providers (Aetna Life Insurance Company v. Huntingdon Valley Surgery Center, et al., No. 16-1468, 3rd Cir., 2017 U.S. App. LEXIS 12971).

Mealey's PI/Product Liability - Family Of Assaulted Fraternity Pledge Files Suit Against Fraternities

PHILADELPHIA - The parents of a man who became permanently disabled as a result of the assault filed suit July 20 in Pennsylvania state court against two fraternities, their members and other businesses, claiming that the fraternities were irresponsible by allowing their members to get into a fight and failing to call an ambulance in a timely manner (Roderick J. McGibbon, et al. v. Alpha Upsilon Chapter of Pi Kappa Phi Fraternity, et al., No. 001934, Pa. Comm. Pls., Philadelphia Co.).