LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - 1st Pinnacle Hip MDL Trial Under Way In Texas; Plaintiff Expert Allowed

DALLAS - A Texas federal judge on Sept. 16 denied a motion by DePuy Orthopaedics Inc. to exclude a plaintiff expert in two Pinnacle hip cases, including the first multidistrict litigation trial that is under way (In Re: DePuy Orthopaedics, Inc., Pinnacle Hip Implant Products Liability Litigation, MDL Docket No. 2244, No. 3:11-md-2244, Kathleen Herlihy-Paoli v. DePuy Orthopaedics, Inc., et al., No. 12-2975, Toni M. Lay v. DePuy Orthopaedics, Inc., et al., No. 3:11-3509, N.D. Texas).

Mealey's PI/Product Liability - 1st Pinnacle Hip MDL Trial Under Way In Texas; Plaintiff Expert Allowed

DALLAS - A Texas federal judge on Sept. 16 denied a motion by DePuy Orthopaedics Inc. to exclude a plaintiff expert in two Pinnacle hip cases, including the first multidistrict litigation trial that is under way (In Re: DePuy Orthopaedics, Inc., Pinnacle Hip Implant Products Liability Litigation, MDL Docket No. 2244, No. 3:11-md-2244, Kathleen Herlihy-Paoli v. DePuy Orthopaedics, Inc., et al., No. 12-2975, Toni M. Lay v. DePuy Orthopaedics, Inc., et al., No. 3:11-3509, N.D. Texas).

Mealey's Labor & Employment - Texas Panel: Insurer Was Prejudiced By Late Notice Of Wrongful Termination Claim

CORPUS CHRISTI, Texas - A Texas appeals panel on Sept. 11 affirmed a lower court's ruling that an excess insurer was prejudiced by an insured's late notice of an arbitration claim arising from the alleged wrongful termination of a former employee (C.L. Thomas Inc. and Thomas Fuels Lubricants & Chemicals Inc. v. Lexington Insurance Co. and Acordia of Texas, Inc., No. 13-13-00566-CV, Texas App., 13th Dist.; 2014 Tex. App. LEXIS 10148.)

Mealey's Insurance - Property Owner's, Insurer's Expert Reports Deemed Admissible In Coverage Dispute

FORT WORTH, Texas - The expert witnesses presented by both an apartment complex owner and its insurer provided reliable and admissible opinions, a Texas federal judge on Sept. 11 ruled in a dispute over purported hail damage, denying both parties' motions to exclude (Arlington Southern Hills LLC v. The American Insurance Co., No. 4:13-cv-00676, S.D. Texas; 2014 U.S. Dist. LEXIS 127825).

Mealey's Toxic Tort/Environmental - Texas High Court To Hear Arguments On BP's Status As Additional Insured

DALLAS - The Texas Supreme Court is scheduled to hear oral arguments on Sept. 16 regarding whether BP Exploration & Production and its affiliates are covered as additional insureds for damages arising out of the Deepwater Horizon drilling rig explosion (In re: Deepwater Horizon, No. 13-0670, Texas Sup.).

Mealey's Litigation Procedure - Property Owner's, Insurer's Expert Reports Deemed Admissible In Coverage Dispute

FORT WORTH, Texas - The expert witnesses presented by both an apartment complex owner and its insurer provided reliable and admissible opinions, a Texas federal judge on Sept. 11 ruled in a dispute over purported hail damage, denying both parties' motions to exclude (Arlington Southern Hills LLC v. The American Insurance Co., No. 4:13-cv-00676, S.D. Texas; 2014 U.S. Dist. LEXIS 127825).

Mealey's Insurance - Texas Panel: Insurer Was Prejudiced By Late Notice Of Wrongful Termination Claim

CORPUS CHRISTI, Texas - A Texas appeals panel on Sept. 11 affirmed a lower court's ruling that an excess insurer was prejudiced by an insured's late notice of an arbitration claim arising from the alleged wrongful termination of a former employee (C.L. Thomas Inc. and Thomas Fuels Lubricants & Chemicals Inc. v. Lexington Insurance Co. and Acordia of Texas, Inc., No. 13-13-00566-CV, Texas App., 13th Dist.; 2014 Tex. App. LEXIS 10148.)

Mealey's IP/Tech - Federal Circuit Sides With Apple, Vacates Jury's Damage Award

WASHINGTON, D.C. - A $368 million damage award on behalf of a prevailing patent plaintiff was vacated Sept. 16 by the Federal Circuit U.S. Court of Appeals, which found that a Texas federal judge improperly instructed jurors and erroneously construed the disputed claim term "secure communication link" (VirnetX Inc. v. Apple Inc., No. 13-1489, Fed. Cir.).

Mealey's Insurance - Texas High Court To Hear Arguments On BP's Status As Additional Insured

DALLAS - The Texas Supreme Court is scheduled to hear oral arguments on Sept. 16 regarding whether BP Exploration & Production and its affiliates are covered as additional insureds for damages arising out of the Deepwater Horizon drilling rig explosion (In re: Deepwater Horizon, No. 13-0670, Texas Sup.).

Mealey's Litigation Procedure - 5th Circuit Finds No Discovery Violations In Murder, Racketeering Conviction

NEW ORLEANS - A cell phone user has no expectation of privacy in cell site location data collected by a service provider and provided to law enforcement personnel, a Fifth Circuit U.S. Court of Appeals panel ruled Sept. 11, distinguishing such data collection from that deemed infringing in Riley v. California (134 S.Ct. 2473 $(2014$)) and upholding a trial court's racketeering and murder conviction and sentencing of a Texas man (United States of America v. Javier Guerrero, No. 13-50376 and 13-50379, 5th Cir.; 2014 U.S. App. LEXIS 17582).

Mealey's IP/Tech - Federal Circuit Grants Apple's Mandamus Petition In Patent Case

WASHINGTON, D.C. - A Texas federal judge was ordered by a divided Federal Circuit U.S. Court of Appeals on Sept. 11 to transfer patent litigation between defendant Apple Inc. and plaintiff EON Corp. IP Holdings LLC to the U.S. District Court for the Northern District of California (In re: Apple Inc., No. 14-143, Fed. Cir.).

Mealey's IP/Tech - Judge Finds Texas Correct Venue For Hacking Suit, Declines To Transfer, Dismiss

SHERMAN, Texas - Finding that the alleged hacking and computer fraud engaged in by a Texas man's former employer were "purposeful activities directed at a known resident of Texas," a Texas federal judge on Sept. 11 adopted a magistrate's recommendation that the case not be dismissed or transferred due to jurisdictional issues (Anthony Francis, et al. v. API Technical Services LLC, et al., No. 4:13-cv-00627, E.D. Texas; 2014 U.S. Dist. LEXIS 127129).

Mealey's Banking & Finance - Federal Judge Adopts Report Recommending Dismissal Of TILA Claims

DALLAS - A Texas federal judge on Sept. 10 adopted a magistrate judge's report and recommendation that claims asserted by property owners for violation of the Truth in Lending Act (TILA) against a bank be dismissed and that the owners be allowed to replead claims for violation of the Texas Debt Collection Act (TDCA) and other claims (Karen Moffit, et al. v. HSBC Mortgage Services Inc., No. 3:14-CV-0348, N.D. Texas; 2014 U.S. Dist. LEXIS 126512).

Mealey's Labor & Employment - 5th Circuit Revives Public Information Officer's Gender Bias Claims

NEW ORLEANS - The former director of the Texas Department of Criminal Justice's (TDCJ) Public Information Office, who was demoted for various time-keeping violations, may proceed with her gender bias claims, the Fifth Circuit U.S. Court of Appeals ruled Sept. 9, reversing a trial court's summary judgment ruling for TDCJ (Michelle Lyons v. Texas Department of Criminal Justice, No. 13-20543, 5th Cir.; 2014 U.S. App. LEXIS 17394).

Mealey's IP/Tech - 5th Circuit Affirms: Confusion Not Likely In Trademark Case

NEW ORLEANS - A Texas federal magistrate judge did not err in finding that consumers would not likely be confused by two companies' use of the "M2" trademark in their names, the Fifth Circuit U.S. Court of Appeals ruled Sept. 9 (David Escamilla and M2 Software Inc. v. M2 Technology Inc., No. 14-30, 5th Cir.).

Mealey's Toxic Tort/Environmental - Texas Official: Vladimir Putin Funding Anti-Fracking Groups, Hiring Lobbyists

AUSTIN, Texas - A member of the Railroad Commission of Texas (RRC) on Sept. 8 sent a letter to U.S. Secretary of State John Kerry, seeking answers regarding what the U.S. State Department is doing in response to what the commissioner calls "disturbing information" that Russian President Vladimir Putin is funding anti-hydraulic fracturing groups and hiring lobbyists "to damage the U.S. natural gas industry."

Mealey's PI/Product Liability - Texas Jury Awards $73M In Compensatory, Punitive Damages In Pelvic Mesh Case

DALLAS - A Texas state court jury on Sept. 8 awarded a plaintiff and her husband $73,465,000 in compensatory and punitive damages in a Boston Scientific Corp. Obtryx pelvic mesh trial (Martha Salazar, et al. v. Boston Scientific Corporation, No. DC-12-14349-D, Texas Dist., 95th Jud. Dist., Dallas Co.).

Mealey's PI/Product Liability - Texas Jury Awards $18.6M For Mesothelioma, Including $15M In Punitives

DALLAS - A Texas jury on Sept. 5 awarded $15 million in punitive damages and $3.6 million in other damages to the family of a tire builder who suffered exposure to asbestos during employment with a The Goodyear Tire & Rubber Co. subsidiary, sources told Mealey Publications (Vicki Lynn Rogers, et al. v. The Goodyear Tire & Rubber Co., No. 10-03294-E, Texas Law, Dallas Co.).

Mealey's Labor & Employment - Texas Jury Awards $18.6M For Mesothelioma, Including $15M In Punitives

DALLAS - A Texas jury on Sept. 5 awarded $15 million in punitive damages and $3.6 million in other damages to the family of a tire builder who suffered exposure to asbestos during employment with a The Goodyear Tire & Rubber Co. subsidiary, sources told Mealey Publications (Vicki Lynn Rogers, et al. v. The Goodyear Tire & Rubber Co., No. 10-03294-E, Texas Law, Dallas Co.).

Mealey's Toxic Tort/Environmental - Texas Jury Awards $18.6M For Mesothelioma, Including $15M In Punitives

DALLAS - A Texas jury on Sept. 5 awarded $15 million in punitive damages and $3.6 million in other damages to the family of a tire builder who suffered exposure to asbestos during employment with a The Goodyear Tire & Rubber Co. subsidiary, sources told Mealey Publications (Vicki Lynn Rogers, et al. v. The Goodyear Tire & Rubber Co., No. 10-03294-E, Texas Law, Dallas Co.).

Mealey's IP/Tech - Federal Circuit Remands Highmark, Allcare Patent Litigation

WASHINGTON, D.C. - Acting on remand from the U.S. Supreme Court, the Federal Circuit U.S. Court of Appeals on Sept. 5 vacated a Texas federal judge's award of attorney fees in a dispute over a patented method for managing health care systems (Highmark Inc. v. Allcare Health Management Systems Inc., No. 11-1219, Fed. Cir.).

Mealey's IP/Tech - Texas Federal Judge Won't Remand Copyright Case To State Court

SAN ANTONIO - A counterclaimant seeking $1 million in damages on allegations of copyright infringement may proceed with the claim in Texas federal court, U.S. Judge Xavier Rodriguez of the Western District of Texas ruled Sept. 4 (DEA Specialties Co. Inc. v. Ernest DeLeon et al., No. 14-634, W.D. Texas).

Mealey's Banking & Finance - Federal Judge Finds Homeowner Failed To Cure Default On Loan

GALVESTON, Texas - A Texas federal judge on Sept. 2 granted a motion filed by a bank and mortgage entities to dismiss claims asserted against them related to the foreclosure of a property, finding that the homeowner's breach of contract claim failed and that the foreclosure was valid (Zephree Brinson v. Universal American Mortgage Co., et al., No. 13-463, S.D. Texas; 2014 U.S. Dist. LEXIS 121685).

Mealey's Labor & Employment - Split 5th Circuit: Restrictions On Job May Constitute Adverse Action

NEW ORLEANS - Certain restrictions placed on a police detective that hinder his ability to perform his job duties following a suspension may constitute an adverse employment action, a divided Fifth Circuit U.S. Court of Appeals panel ruled Sept. 3 (Allen Thompson v. City of Waco, Texas, No. 13-50718, 5th Cir.; 2014 U.S. App. LEXIS 17089).

Mealey's Litigation Procedure - Divided Texas High Court Finds No Discovery Jurisdiction Over Anonymous Blogger

AUSTIN, Texas - Granting an anonymous blogger's petition for mandamus, a Texas Supreme Court majority on Aug. 29 held that a state trial court was not the "proper court," per Texas Rule of Civil Procedure 202, to authorize discovery to learn the blogger's identity for a future libel lawsuit without a showing that the Doe resided within the state (In Re John Doe a/k/a "Trooper", Relator, No. 13-0073, Texas Sup.; 2014 Tex. LEXIS 762).