LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - All But 1 Claim Survive Volvo Dismissal Motion In Suit Over Electric Mileage

CHICAGO - An Illinois federal judge on Nov. 8 trimmed a single claim from a class complaint accusing Volvo Cars of North America LLC (VCNA) and Volvo Cars USA LLC (VCUSA) of misrepresenting the average mileage its hybrid sport utility vehicle could achieve on a single charge, finding that most of the claims that had previously been dismissed based on mootness and then reinstated by the Seventh Circuit U.S. Court of Appeals survived the defendant's alternative motion to dismiss for failure to state a claim (Xavier Laurens, et al. v. Volvo Cars of North America, LLC, et al., No. 16-4507, N.D. Ill., 2017 U.S. Dist. LEXIS 184992).

Mealey's PI/Product Liability - Nevada Supreme Court Vacates $54,000 Verdict In Sports Injury Suit

CARSON CITY, Nev. - The Nevada Supreme Court on Oct. 26 reversed a verdict in favor of a man who was injured while playing floor hockey while he was in middle school because the jury could not conclude that the school district's conduct was the proximate cause of his injury (Clark County School District v. Makani Kai Payo, No. 68443, Nev. Sup., 2017 Nev. LEXIS 108).

Mealey's IP/Tech - Judge: No Coverage For Third-Party Claims Arising From Patent Infringement Dispute

SAN DIEGO - Granting a business owners liability insurer's motion for summary judgment in a breach of contract and bad faith lawsuit, a California federal judge on Sept. 29 found that a third-party complaint against an insured arising from a patent infringement lawsuit failed to trigger coverage (WAWGD, Inc., doing business as Foresight Sports v. Sentinel Insurance Company, No. 16-2917, S.D. Calif., 2017 U.S. Dist. LEXIS 161361).

Mealey's Insurance - Judge: No Coverage For Third-Party Claims Arising From Patent Infringement Dispute

SAN DIEGO - Granting a business owners liability insurer's motion for summary judgment in a breach of contract and bad faith lawsuit, a California federal judge on Sept. 29 found that a third-party complaint against an insured arising from a patent infringement lawsuit failed to trigger coverage (WAWGD, Inc., doing business as Foresight Sports v. Sentinel Insurance Company, No. 16-2917, S.D. Calif., 2017 U.S. Dist. LEXIS 161361).

Mealey's PI/Product Liability - Tennessee Appeals Majority Affirms Summary Judgment In Slip-And-Fall Suit

NASHVILLE, Tenn. - A Tennessee appeals panel majority on Aug. 29 affirmed summary judgment for the companies that own and manage a sports arena in a premises liability suit after finding that a woman who injured herself after slipping in a puddle during a concert at the arena did not present enough evidence to show that the defendants had constructive notice of the hazard (Wanda Katz v. The Sports Authority of the Metropolitan Government of Nashville and Davidson County, et al., No. M2016-01874-COA-R3-CV, Tenn. App., 2017 Tenn. App. LEXIS 583).

Mealey's IP/Tech - Complaint Fails To Trigger Advertising Injury Coverage, 5th Circuit Affirms

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on July 28 affirmed a lower court's finding that an underlying complaint against an insured failed to allege the use of another's "advertising idea," a trade dress claim or a claim for slogan infringement (Laney Chiropractic and Sports Therapy, P.A. v. Nationwide Mutual Insurance Co., 16-11183, 5th Cir., 2017 U.S. App. LEXIS 13748).

Mealey's Insurance - Complaint Fails To Trigger Advertising Injury Coverage, 5th Circuit Affirms

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on July 28 affirmed a lower court's finding that an underlying complaint against an insured failed to allege the use of another's "advertising idea," a trade dress claim or a claim for slogan infringement (Laney Chiropractic and Sports Therapy, P.A. v. Nationwide Mutual Insurance Co., 16-11183, 5th Cir., 2017 U.S. App. LEXIS 13748).

Mealey's IP/Tech - New York Federal Judge Grants Partial Judgment In Trademark Case

ALBANY, N.Y. - Citing evidence that a defendant acted outside the scope of its licensing agreement with a plaintiff, as well as evidence that the defendant used a trademark identical to that of a plaintiff, a New York federal judge on March 22 granted partial summary judgment in a dispute over sports protective eyewear (Halo Optical Products Inc. v. Liberty Sport Inc., No. 14-282, N.D. N.Y., 2017 U.S. Dist. LEXIS 41084).

Mealey's PI/Product Liability - United States Not Liable For Athlete's Brain Injury, 9th Circuit Holds

SEATTLE - Employees of an Indian high school did not violate Washington state's youth sports concussion law by permitting a 16-year-old student who suffered a stroke while playing in a football game to play football that year or by failing to remove him from the game after he suffered two hits to the head, the Ninth Circuit U.S. Court of Appeals ruled Feb. 28 (Daphne Ingram, et al. v. United States of America, by and through the Department of the Interior, et al., No. 14-35359, 9th Cir., 2017 U.S. App. LEXIS 3655).

Mealey's Antitrust/Unfair Competition - Judge Enters Default Ruling On Claims For Illegal Broadcast

SAN JOSE, Calif. - After the owners of a restaurant where a televised event was allegedly illegally broadcast failed to respond to claims for violation of California's unfair competition law (UCL) and other claims, a California federal judge on Nov. 28 entered a default ruling in favor of a production company (J&J Sports Productions Inc. v. Manuel Gonzalez, et al., No. 5:16-cv-02284, N.D. Calif.; 2016 U.S. Dist. LEXIS 163717).

Ind. Panel: Contaminated Drug Claims Against Clinics Constitute Medical Malpractice

INDIANAPOLIS - Plaintiffs' claims against medical providers that administered a contaminated steroid that caused fungal meningitis are subject to the provisions of the Indiana Medical Malpractice Act (MMA), the state Court of Appeals ruled Nov. 7, rejecting the state compensation fund administrator's argument that the claims sound in general negligence (Stephen W. Robertson, Commissioner, Indiana Department of Insurance, as Administrator of the Indiana Patient's Compensation Fund v. Anonymous Clinic, et al., and Stephen W. Robertson, Commissioner, Indiana Department of Insurance, as Administrator of the Indiana Patient's Compensation Fund v. Orthopedic and Sports Medicine Center of Northern Indiana, et al., No. 71A03-1512-CT-2199, Ind. App.; 2016 Ind. App. LEXIS 402).

Mealey's Litigation Procedure - Federal Judge Refuses To Enter Default For Alleged Unlawful Broadcast

SAN FRANCISCO - A California federal judge on Oct. 13 refused to enter a default ruling in favor of a sports production company on its claims for violation of California's unfair competition law (UCL) and other causes of action in relation to the alleged unlawful broadcast of a boxing match, finding that it failed to plead sufficient facts to support a finding that a restaurant owner was liable (J&J Sports Productions Inc. v. Yolanda K. Crawford, No. 16-cv-01744, N.D. Calif.; 2016 U.S. Dist. LEXIS 142038).

Mealey's Antitrust/Unfair Competition - Judge Strikes Majority Of Defenses To Claims Related To Unlawful Broadcast

SACRAMENTO, Calif. - A California federal judge on Sept. 16 partially granted a sports promotion company's motion to strike affirmative defenses to its claims for violation of California's unfair competition law (UCL) and conversion, but refused to strike a defense in relation to standing to sue (Joe Hand Promotions Inc. v. Willie Henry Williams, a/k/a William Henry, et al., No. 2:14-cv-02663, E.D. Calif.; 2016 U.S. Dist. LEXIS 127513).

Mealey's Insurance - Panel: Sports Participants Exclusion Bars Coverage For Lacrosse Player's Death

CINCINNATI - The Sixth Circuit U.S. Court of Appeals on Sept. 13 affirmed that there is no coverage for a college lacrosse player's fatal injury because it falls squarely under sports participants and athletic participants policy exclusions (Underwriters Safety and Claims Inc., et al. v. Travelers Property Casualty Company of America, et al., No. 16-5143, 6th Cir.).

Mealey's PI/Product Liability - NHL Commissioner Says There Is Insufficient Evidence Linking CTE To Hockey

MINNEAPOLIS - Attorneys for the National Hockey League on July 26 submitted to the NHL concussion injury multidistrict litigation a letter from the league's commissioner to a U.S. senator in which the commissioner told the lawmaker that there is insufficient evidence linking chronic traumatic encephalopathy (CTE) to hockey or other contact sports (In re: National Hockey League Players Concussion Injury Litigation, MDL No. 14-2551, D. Minn.).

Mealey's PI/Product Liability - Former NFL Player Files Product Defect Suit Against Helmet Company

CHICAGO - A former National Football League (NFL) player sued a helmet maker in Illinois state court on July 7, claiming that the helmet maker led players to believe that their helmets would protect them from head injury (Paul Hornung, et al v. BRG Sports LLC, et al., No. 2016-L-006686, Ill. Cir., Cook Co.).

Mealey's Antitrust/Unfair Competition - Judge Rules For Production Company In Unlawful Broadcast Action

LOS ANGELES - A California federal judge on June 13 granted a broadcast company's motion for summary judgment on claims for violation of various broadcast laws and the California unfair competition law (UCL), finding that the owner of an establishment unlawfully broadcast a program for which it did not hold the license (J&J Sports Productions Inc. v. Leticia Ayala, et al., No. 14-07005, C.D. Calif.; 2016 U.S. Dist. LEXIS 76800).

Mealey's Litigation Procedure - Pension Fund Named Lead Plaintiff In Securities Class Action Lawsuit

NEW YORK - A federal judge in New York on June 7 appointed a pension fund as lead plaintiff in a securities class action lawsuit, ruling that the fund has met all statutory requirements to serve as lead plaintiff (Juan Francisco Nieves, as trustee of the Gonzalez Coronado Trust, v. Performance Sports Group Ltd., et al., No. 16-3591, S.D. N.Y.).

Mealey's Securities/D&O Liability - Pension Fund Named Lead Plaintiff In Securities Class Action Lawsuit

NEW YORK - A federal judge in New York on June 7 appointed a pension fund as lead plaintiff in a securities class action lawsuit, ruling that the fund has met all statutory requirements to serve as lead plaintiff (Juan Francisco Nieves, as trustee of the Gonzalez Coronado Trust, v. Performance Sports Group Ltd., et al., No. 16-3591, S.D. N.Y.).

Mealey's PI/Product Liability - Slip-And-Fall Suit Brought By Pro Football Player Remanded

ST. LOUIS - A federal judge on June 3 remanded to Missouri state court a slip-and-fall suit brought by a professional football player because his claims against a football team, a football stadium and the company that owns the stadium do not come from a collective bargaining agreement (CBA) (Reginald Bush v. St. Louis Regional Convention and Sports Complex Authority, et al, No. 4:16-cv-250, E.D. Mo.; 2016 U.S. Dist. LEXIS 72518).

Mealey's Antitrust/Unfair Competition - Judge Orders Business To Pay Damages For Unlawful Broadcast

LOS ANGELES - A California federal judge on May 26 granted summary judgment on numerous claims asserted by a commercial distributor of sporting events for violation of California's unfair competition law (UCL) and violation of certain broadcasting laws, ordering the owner of an establishment who unlawfully broadcast a program to pay damages (Joe Hand Promotions Inc. v. Danny Kim, No. 14-05951, C.D. Calif.; 2016 U.S. Dist. LEXIS 69413).

Mealey's PI/Product Liability - NCAA Concussion Settlement Objector Says Preliminary Approval Goes Too Far

CHICAGO - The lead objector to the settlement between a class of former college athletes and the National Collegiate Athletic Association (NCAA) on May 24 told the NCAA concussion multidistrict litigation judge that a joint motion filed by the NCAA and settling plaintiffs goes too far by asking the court to approve the release of all personal injury claims resulting from participation in a "single NCAA-sanctioned sport at a single-NCAA member school" (In Re: National Collegiate Athletic Association Student-Athlete Concussion Injury Litigation, MDL No. 2492, N.D. Ill.).

Mealey's IP/Tech - Claim Construction In Patent Dispute Vacated By Federal Circuit

WASHINGTON, D.C. - A stipulated judgment of noninfringement of a design patent was based upon an erroneous claim construction and must be vacated, the Federal Circuit U.S. Court of Appeals ruled April 19 (Sport Dimension Inc. v. Coleman Company Inc., No. 15-1553, Fed. Cir.; 2016 U.S. App. LEXIS 6992).

Mealey's Litigation Procedure - Indiana Federal Judge: Student Athletes Are Not University Employees

INDIANAPOLIS - Three student athletes failed to show that their participation on university sports teams renders them employees of the university for which they play, an Indiana federal judge ruled Feb. 16 in dismissing the students' claims that they are owed wages under the Fair Labor Standards Act (FLSA) (Gillian Berger, et al. v. National Collegiate Athletic Association, et al., No. 14-1710, S.D. Ind.; 2016 U.S. Dist. LEXIS 18194).

Mealey's Labor & Employment - Indiana Federal Judge: Student Athletes Are Not University Employees

INDIANAPOLIS - Three student athletes failed to show that their participation on university sports teams renders them employees of the university for which they play, an Indiana federal judge ruled Feb. 16 in dismissing the students' claims that they are owed wages under the Fair Labor Standards Act (FLSA) (Gillian Berger, et al. v. National Collegiate Athletic Association, et al., No. 14-1710, S.D. Ind.; 2016 U.S. Dist. LEXIS 18194).