LexisNexis® Legal Newsroom
Mealey's Securities/D&O Liability - Retirement Plan Named Lead Plaintiff In Securities Class Action Lawsuit

BOSTON - A federal judge in Massachusetts on Oct. 8 named a union retirement plan as lead plaintiff in a securities class action lawsuit against a biotechnology firm and certain of its current and former officers and directors, ruling that the retirement plan has met all statutory guidelines to become lead plaintiff (Local No. 8 IBEW Retirement Plan v. Vertex Pharmaceuticals Inc., et al., No. 14-12296, D. Mass.; 2014 U.S. Dist. LEXIS 143249).

Mealey's Securities/D&O Liability - Judge Denies Interlocutory Appeal In Securities Class Action Lawsuit

NEW YORK - Defendants in a securities class action have failed to show that interlocutory appeal is appropriate because, among other things, they have not shown that any controlling question of law exists, a federal judge in New York ruled Oct. 7 (In re Goldman Sachs Group Inc. Securities Litigation, No. 10-3461, S.D. N.Y.; 2014 U.S. Dist. LEXIS 143127).

Mealey's IP/Tech - Twitter Seeks Relief From Government's Gag Order Over National Security Requests

SAN FRANCISCO - Social media firm Twitter Inc. filed suit in California federal court Oct. 7, seeking a declaration that its First Amendment rights have been violated by the federal government's forbidding Twitter from revealing the extent or type of national security requests it has received as part of the government's surveillance program (Twitter Inc. v. Eric Holder, et al., No. 3:14-cv-04480, N.D. Calif.).

Mealey's Litigation Procedure - Judge: Lead Plaintiff Failed To Plead Securities Claims With Particularity

SEATTLE - A federal judge in Washington on Oct. 6 granted motions to dismiss filed by defendants in a securities class action lawsuit, ruling that the lead plaintiff in the action lacks standing to bring certain claims and has failed to plead materiality and falsity with particularity for others (In re Atossa Genetics Inc. Securities Litigation, No. 13-1836, W.D. Wash.; 2014 U.S. Dist. LEXIS 142100).

Mealey's Insurance - Time Limit In Summary Plan Description Is Enforceable, 1st Circuit Rules

BOSTON - A participant in a long-term disability plan governed by the Employee Retirement Income Security Act is bound by the time periods for filing claims and appeals that are in the summary plan description (SPD), even if they are not expressly mentioned in the written plan itself, where the plan expressly incorporates the SPD, the First Circuit U.S. Court of Appeals held Oct. 6 in ruling that the participant's failure to meet that deadline barred her attempt to challenge an adverse benefit decision in court (Michele C. Tetreault v. Reliance Standard Life Insurance Company, et al., No. 13-2353, 1st Cir.; 2014 U.S. App. LEXIS 19049).

Mealey's Insurance - Supreme Court Won't Review Ruling Affirming That Denial Of Benefits Was Reasonable

WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 6 denied review of a 10th Circuit U.S. Court of Appeals ruling that a long-term disability benefits plan properly denied benefits under the Employee Retirement Income Security Act to a claimant with anxiety disorder who failed to provide requested medical evidence of his inability to work (Ted Rall v. Aetna Life Insurance Company, No. 14-5594, U.S.).

Mealey's Securities/D&O Liability - Judge: Lead Plaintiff Failed To Plead Securities Claims With Particularity

SEATTLE - A federal judge in Washington on Oct. 6 granted motions to dismiss filed by defendants in a securities class action lawsuit, ruling that the lead plaintiff in the action lacks standing to bring certain claims and has failed to plead materiality and falsity with particularity for others (In re Atossa Genetics Inc. Securities Litigation, No. 13-1836, W.D. Wash.; 2014 U.S. Dist. LEXIS 142100).

Mealey's Labor & Employment - High Court Hears Arguments On Pay During Mandated Searches

WASHINGTON, D.C. - Passing through security following a shift "is a classic postliminary activity that is non-compensable under the Portal-to-Portal Act," Paul D. Clement of Bancroft in Washington, the attorney representing Integrity Staffing Solutions Inc. (ISS), told the U.S. Supreme Court on Oct. 8 (Integrity Staffing Solutions, Inc. v. Jesse Busk, et al., No. 13-433, U.S. Sup.).

Mealey's Labor & Employment - Time Limit In Summary Plan Description Is Enforceable, 1st Circuit Rules

BOSTON - A participant in a long-term disability plan governed by the Employee Retirement Income Security Act is bound by the time periods for filing claims and appeals that are in the summary plan description (SPD), even if they are not expressly mentioned in the written plan itself, where the plan expressly incorporates the SPD, the First Circuit U.S. Court of Appeals held Oct. 6 in ruling that the participant's failure to meet that deadline barred her attempt to challenge an adverse benefit decision in court (Michele C. Tetreault v. Reliance Standard Life Insurance Company, et al., No. 13-2353, 1st Cir.; 2014 U.S. App. LEXIS 19049).

Mealey's Labor & Employment - Supreme Court Won't Review Ruling Affirming That Denial Of Benefits Was Reasonable

WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 6 denied review of a 10th Circuit U.S. Court of Appeals ruling that a long-term disability benefits plan properly denied benefits under the Employee Retirement Income Security Act to a claimant with anxiety disorder who failed to provide requested medical evidence of his inability to work (Ted Rall v. Aetna Life Insurance Company, No. 14-5594, U.S. Sup.).

Mealey's Labor & Employment - Magistrate Permits Discovery Of Additional Insurer Manual Materials In ERISA Case

WICHITA, Kan. - In what he described as a "close call" discovery dispute between an insurer and a long-term disability (LTD) benefits claimant, a Kansas federal magistrate judge on Oct. 3 granted the insured's motion to compel discovery of additional materials from the insurer's electronic claim manual, deeming them to be relevant to a dispute under the Employment Retirement Income Security Act (ERISA) (Larry Winfrey v. Hartford Life and Accident Insurance Co., et al., No. 6:14-cv-01034, D. Kan.; 2014 U.S. Dist. LEXIS 140634).

Mealey's Insurance - Magistrate Permits Discovery Of Additional Insurer Manual Materials In ERISA Case

WICHITA, Kan. - In what he described as a "close call" discovery dispute between an insurer and a long-term disability (LTD) benefits claimant, a Kansas federal magistrate judge on Oct. 3 granted the insured's motion to compel discovery of additional materials from the insurer's electronic claim manual, deeming them to be relevant to a dispute under the Employment Retirement Income Security Act (ERISA) (Larry Winfrey v. Hartford Life and Accident Insurance Co., et al., No. 6:14-cv-01034, D. Kan.; 2014 U.S. Dist. LEXIS 140634).

Mealey's Litigation Procedure - Magistrate Permits Discovery Of Additional Insurer Manual Materials In ERISA Case

WICHITA, Kan. - In what he described as a "close call" discovery dispute between an insurer and a long-term disability (LTD) benefits claimant, a Kansas federal magistrate judge on Oct. 3 granted the insured's motion to compel discovery of additional materials from the insurer's electronic claim manual, deeming them to be relevant to a dispute under the Employment Retirement Income Security Act (ERISA) (Larry Winfrey v. Hartford Life and Accident Insurance Co., et al., No. 6:14-cv-01034, D. Kan.; 2014 U.S. Dist. LEXIS 140634).

Mealey's PI/Product Liability - Summary Judgment Improper On Vicarious Liability Issue, Georgia Supreme Court Rules

ATLANTA - A trial judge erred in entering summary judgment for an apartment complex and its management company on the issue of vicarious liability in a suit stemming from the shooting of a man visiting the complex by an off-duty police officer hired to provide security, the Georgia Supreme Court ruled Oct. 6 (Ambling Management Co. LLC, et al. v. Tramaine Miller, No. S13G1843, Ga. Sup., and City Views at Rosa Burney Park LLC, et al. v. Tramaine Miller, No. S13G1852, Ga. Sup.).

Mealey's Insurance - High Court Denies Review Of Disability Plan Participant's Installment Contract Theory

WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 6 denied review of a disability plan participant's petition seeking review of a First Circuit U.S. Court of Appeals ruling that his claim challenging the calculation of his benefits under the Employee Retirement Income Security Act is untimely and rejecting his theory that, similar to an installment contract, a new accrual period began with each benefits check (Robert Riley v. Metropolitan Life Insurance Company, No. 13-1434, U.S. Sup.).

Mealey's Litigation Procedure - Solicitor General To Offer Oral Arguments In Wage-And-Hour Appeal

WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 2 granted motions by the U.S. solicitor general for leave to participate in oral argument and for divided argument in the appeal of a lawsuit filed by warehouse employees seeking compensation for the time they spend at the end of each shift passing through a security check (Integrity Staffing Solutions, Inc. v. Jesse Busk, et al., No. 13-433, U.S. Sup.; 2014 U.S. LEXIS 4904).

Mealey's Labor & Employment - Solicitor General To Offer Oral Arguments In Wage-And-Hour Appeal

WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 2 granted motions by the U.S. solicitor general for leave to participate in oral argument and for divided argument in the appeal of a lawsuit filed by warehouse employees seeking compensation for the time they spend at the end of each shift passing through a security check (Integrity Staffing Solutions, Inc. v. Jesse Busk, et al., No. 13-433, U.S. Sup.; 2014 U.S. LEXIS 4904).

Mealey's Securities/D&O Liability - Judge Denies Dismissal In Securities Class Action Against Wal-Mart, CEO

FAYETTEVILLE, Ark. - A federal judge in Arkansas on Sept. 26 accepted a federal magistrate judge's report and recommendation to deny a motion to dismiss in a securities class action lawsuit, rejecting objections filed by Wal-Mart Stores Inc. and its CEO over claims that they covered up a bribery scheme in violation of federal securities law (City of Pontiac General Employees' Retirement System v. Wal-Mart Stores Inc., et al., No. 12-5162, W.D. Ark.).

Mealey's PI/Product Liability - John Crane Secures Defense Verdict In Florida Federal Asbestos Trial

MIAMI - A Florida federal jury on Sept. 29 rejected strict liability and negligence claims in an action alleging that asbestos in John Crane Inc. products led to a man's fatal mesothelioma (Mary Charlene Hays, personal representative of the estate of William Hays v. John Crane Inc., No. 09-81881, S.D. Fla.).

Mealey's Litigation Procedure - High Court Dismisses Securities Class Action Against IndyMac

WASHINGTON, D.C. - The U.S. Supreme Court on Sept. 29 dismissed an appeal in a securities class action lawsuit after receiving letter briefs from the involved parties stating that they would voluntarily dismiss the action if a settlement agreement is approved by a federal judge (Public Employees' Retirement System of Mississippi v. IndyMac MBS Inc., et al., No. 13-640, U.S. Sup.).

Mealey's Toxic Tort/Environmental - John Crane Secures Defense Verdict In Florida Federal Asbestos Trial

MIAMI - A Florida federal jury on Sept. 29 rejected strict liability and negligence claims in an action alleging that asbestos in John Crane Inc. products led to a man's fatal mesothelioma (Mary Charlene Hays, personal representative of the estate of William Hays v. John Crane Inc., No. 09-81881, S.D. Fla.).

Mealey's Securities/D&O Liability - High Court Dismisses Securities Class Action Against IndyMac

WASHINGTON, D.C. - The U.S. Supreme Court on Sept. 29 dismissed an appeal in a securities class action lawsuit after receiving letter briefs from the involved parties stating that they would voluntarily dismiss the action if a settlement agreement is approved by a federal judge (Public Employees' Retirement System of Mississippi v. IndyMac MBS Inc., et al., No. 13-640, U.S. Sup.).

Mealey's Insurance - Judge Confirms Interim Arbitration Award In Reinsurance Dispute

NEW YORK - A federal judge in New York on Sept. 26 granted an insurer's motion to confirm an interim arbitration award concerning prehearing security (Companion Property And Casualty Insurance Company v. Allied Provident Insurance, Inc., No. 13-cv-07865, S.D. N.Y.).

Mealey's Litigation Procedure - High Court Orders Securities Class Action Parties To File Additional Briefing

WASHINGTON, D.C. - The U.S. Supreme Court on Sept. 23 issued an order requiring parties in a securities class action lawsuit against IndyMac MBS Inc. to file letter briefs addressing whether the case still needs to be heard due to a pending settlement agreement reached by the parties in federal district court (Public Employees' Retirement System of Mississippi v. IndyMac MBS Inc., et al., No. 13-640, U.S. Sup.).

Mealey's Securities/D&O Liability - High Court Orders Securities Class Action Parties To File Additional Briefing

WASHINGTON, D.C. - The U.S. Supreme Court on Sept. 23 issued an order requiring parties in a securities class action lawsuit against IndyMac MBS Inc. to file letter briefs addressing whether the case still needs to be heard due to a pending settlement agreement reached by the parties in federal district court (Public Employees' Retirement System of Mississippi v. IndyMac MBS Inc., et al., No. 13-640, U.S. Sup.).