LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Texas Supreme Court Grants Review Of Discovery Dispute Over Attorney Fees

AUSTIN, Texas - The Texas Supreme Court in a Sept. 2 pronouncement granted relators' petition to review a lower court's ruling compelling them to respond to discovery requests concerning their attorney fees in a multidistrict litigation hailstorm property damage coverage dispute (In Re National Lloyds Insurance Co., Wardlaw Claims Service Inc. and Ideal Adjusting Inc., No. 15-0591, Texas Sup.).

Mealey's Insurance - Texas Supreme Court Grants Review Of Discovery Dispute Over Attorney Fees

AUSTIN, Texas - The Texas Supreme Court in a Sept. 2 pronouncement granted relators' petition to review a lower court's ruling compelling them to respond to discovery requests concerning their attorney fees in a multidistrict litigation hailstorm property damage coverage dispute (In Re National Lloyds Insurance Co., Wardlaw Claims Service Inc. and Ideal Adjusting Inc., No. 15-0591, Texas Sup.).

Mealey's Insurance - Texas High Court Agrees To Hear Dispute Over Insured Vs. Insured Exclusion

AUSTIN, Texas - The Texas Supreme Court granted a directors and officers liability insurer's petition to review an appeals court's finding that an insured vs. insured policy exclusion is inapplicable, according to its orders pronounced Sept. 2 (Great American Insurance Co. v. Robert Primo, No. 15-0317, Texas Sup.).

Mealey's PI/Product Liability - Magistrate Judge Finds Woman's Letter Demonstrates Knowledge Of Injury

TYLER, Texas - A woman's letter to a premises owner to investigate potential asbestos and mold contamination she claimed was sickening workers rises above suspicion and started the statute of limitations, a federal magistrate judge in Texas held Aug. 31 in granting summary judgment (Marci Jones v. Andy Anderson, et al., No. 14-366, E.D. Texas; 2016 U.S. Dist. LEXIS 117069).

Mealey's Toxic Tort/Environmental - Magistrate Judge Finds Woman's Letter Demonstrates Knowledge Of Injury

TYLER, Texas - A woman's letter to a premises owner to investigate potential asbestos and mold contamination she claimed was sickening workers rises above suspicion and started the statute of limitations, a federal magistrate judge in Texas held Aug. 31 in granting summary judgment (Marci Jones v. Andy Anderson, et al., No. 14-366, E.D. Texas; 2016 U.S. Dist. LEXIS 117069).

Mealey's PI/Product Liability - Texas State Jury Awards $19 Million To Widow In Medical Malpractice Suit

DALLAS - A Texas state court jury on Aug. 30 found that a doctor at a hospital in Texas was negligent while caring for a patient who went into a coma and suffered brain damage that led to her death (Caden Clark v. Jennifer Marye Burris M.D., et al., No. CC-14-06294-C, Texas, Dallas Co., No. 3).

Mealey's Litigation Procedure - Panel: Lower Court Was Too Harsh In Dismissing Claims Over Discovery Issues

AUSTIN, Texas - The Third District Texas Court of Appeals on Aug. 30 reversed and remanded a lower court decision dismissing the claims of a woman who was involved in an auto accident against a woman insured by an insolvent insurer, finding that the lower court had abused its discretion by dismissing the claims based on a discovery noncompliance (Crystal Bingham Hernandez v. Tiffany Polley, No. 03-15-00384-CV, Texas App., 3rd Dist.; 2016 Tex. App. LEXIS 9526).

Mealey's Litigation Procedure - ICDR Awards Firm Costs Incurred In Mexican Litigation Over Arbitrability

VANCOUVER, British Columbia - A Canadian mining firm on Aug. 31 announced in a news release that an arbitrator has issued an award in its favor, ordering a Texas entity and its Mexican affiliate to pay it $468,726.92 in costs and expenses that were incurred while challenging the arbitrability of a dispute in Mexico (Goldgroup Mining Inc. v. Dyna USA Inc., et al., No. No. 50-20-1400-0226, ICDR).

Mealey's Insurance - Panel: Lower Court Was Too Harsh In Dismissing Claims Over Discovery Issues

AUSTIN, Texas - The Third District Texas Court of Appeals on Aug. 30 reversed and remanded a lower court decision dismissing the claims of a woman who was involved in an auto accident against a woman insured by an insolvent insurer, finding that the lower court had abused its discretion by dismissing the claims based on a discovery noncompliance (Crystal Bingham Hernandez v. Tiffany Polley, No. 03-15-00384-CV, Texas App., 3rd Dist.; 2016 Tex. App. LEXIS 9526).

Mealey's Litigation Procedure - Magistrate Judge Recommends That Class Be Certified In Securities Class Action

TYLER, Texas - Determining that a securities class action lawsuit meets the Federal Rules of Civil Procedure 23(a) and 23(b)(2) requirements for class certification, a federal magistrate judge in Texas on Aug. 29 recommended that a class certification motion be granted and a pension fund be appointed as lead plaintiff (Alan B. Marcus v. J.C. Penney Co. Inc., et al., No. 13-0736, E.D. Texas; 2016 U.S. Dist. LEXIS 115795).

Mealey's Securities/D&O Liability - Magistrate Judge Recommends That Class Be Certified In Securities Class Action

TYLER, Texas - Determining that a securities class action lawsuit meets the Federal Rules of Civil Procedure 23(a) and 23(b)(2) requirements for class certification, a federal magistrate judge in Texas on Aug. 29 recommended that a class certification motion be granted and a pension fund be appointed as lead plaintiff (Alan B. Marcus v. J.C. Penney Co. Inc., et al., No. 13-0736, E.D. Texas; 2016 U.S. Dist. LEXIS 115795).

Mealey's IP/Tech - Federal Judge Declares Copyrights, Trade Dress, Patents Not Infringed

FORT WORTH, Texas - A defendant has failed to show "where, how and why" a plaintiff's planned fiberglass utility body (FUB) would infringe any protectable trade dress belonging to the defendant, thereby entitling the plaintiff to a declaration of noninfringement, a Texas federal judge ruled Aug. 29 (Industrial Models Inc. v. SNF Inc., et al., No. 15-689, N.D. Texas; 2016 U.S. Dist. LEXIS 115644).

Mealey's Insurance - Panel: Insurers Are Not Jointly, Severally Liable For $2.4M Defects Arbitration Award

DALLAS - Although two commercial general liability insurers have a duty to indemnify insureds for an underlying construction defects arbitration award, a Texas appeals panel ruled Aug. 25 that a trial court erred in finding that the insurers are jointly and severally liable for the $2.4 million award (Great American Lloyds Insurance Co. and Mid-Continent Casualty Co. v. Vines-Herrin Custom LLC, et al., No. 05-15-00230, Texas App., 5th Dist.; 2016 Tex. App. LEXIS 9407).

Mealey's PI/Product Liability - Texas Appeals Court Reduces Amount of Damages Awarded Over Construction Defects

SAN ANTONIO - A Texas appeals panel on Aug. 24 ruled that a trial court judge erred by awarding a couple $200,394.76 in damages and attorney fees for alleged construction defects, ruling that the evidence did not support the amount of damages awarded and that the Texas Residential Commercial Liability Act (RCLA) limits the amount of attorney fees the plaintiffs could receive (Bryan Smith, d/b/a Vision Design and Build v. Robert Overby, et al., No. 04-15-00436-CV, Texas App., 4th Dist.; 2016 Texas App. LEXIS 9172).

Mealey's PI/Product Liability - Jury Renders Defense Verdict In Texas Ignition Switch Suit

HOUSTON - A Texas state jury on Aug. 25 found in favor of General Motors LLC, determining that the automaker was not responsible for a crash that resulted in the plaintiff sustaining a traumatic brain injury and the death of another nonparty driver (Zachery Stevens, et al. v. General Motors LLC, No. 2015-04442, Texas 152nd Jud. Dist., Harris Co.).

Mealey's Securities/D&O Liability - Panel Reverses Own Ruling In Ponzi Scheme Suit On Guidance From State High Court

NEW ORLEANS - Following guidance from the Texas Supreme Court, a Fifth Circuit U.S. Court of Appeals panel on Aug. 22 affirmed a lower court's ruling that granted summary judgment in favor of The Golf Channel Inc. in a clawback lawsuit stemming from the R. Allen Stanford Ponzi scheme, ruling that the Supreme Court's ruling clarified the "reasonably equivalent value" standard established under the Texas Uniform Fraudulent Transfer Act (TUFTA) (Ralph S. Janvey v. The Golf Channel Inc., No. 13-11305, 5th Cir.; 2016 U.S. App. LEXIS 15407).

Mealey's Insurance - Judge: Adjuster Properly Joined In Bad Faith Lawsuit

DALLAS - An insurance adjuster was properly joined in an insurance bad faith and breach of contract lawsuit because an insured has pleaded a claim against the adjuster for violation of the Texas Insurance Code, destroying diversity jurisdiction, a federal judge in Texas ruled Aug. 22 in remanding the action to state court (Robert Martinez v. State Farm Lloyds, et al., No. 16-0040, N.D. Texas; 2016 U.S. Dist. LEXIS 111334).

Mealey's PI/Product Liability - Texas Appeals Panel Says Workers' Comp Is Injured Employee's Exclusive Remedy

DALLAS - A Texas appellate panel on Aug. 16 affirmed summary judgment in favor of a general contractor and subcontractors in an injured worker's tort-based lawsuit because, it said, the worker's exclusive remedy was through the Texas Workers' Compensation Act (Juan Carlos Flores v. Chasco Inc., et al., No. 05-14-00531-CV, Texas App., 5th Dist.; 2016 Tex. App. LEXIS 8913).

Mealey's IP/Tech - Choice Hotels Prevails In Trademark Infringement Suit Against Ex-Franchisees

HOUSTON - A Texas federal judge on Aug. 15 granted Choice Hotels International Inc.'s (CHI) motion for summary judgment in a suit alleging that former CHI franchisees continued to use CHI trademarks after termination of their franchise agreement for nonpayment of certain fees (Choice Hotels International Inc. v. Frontier Hotels Inc., et al., No. 4:15-2355, S.D. Texas; 2016 U.S. Dist. LEXIS 107460).

Mealey's IP/Tech - Magistrate Judge Says Patent Litigation Should Remain In Delaware

WILMINGTON, Del. - A request by a patent infringement defendant to transfer its dispute with a competitor to the U.S. District Court for the Southern District of Texas should be denied, a Delaware federal magistrate judge recommended Aug. 11 (Smith International Inc. v. Baker Hughes Inc., No. 16-56, D. Del.; 2016 U.S. Dist. LEXIS 105481).

Mealey's Insurance - Judge: Insured Did Not Show That Adjusters Violated Insurance Code

SHERMAN, Texas - A claims adjuster and adjusting company were improperly joined in an insurance breach of contract and bad faith lawsuit because an insured failed to provide any fact to show that those defendants' actions were in violation of the Texas Insurance Code, a federal judge in Texas ruled Aug. 8 in denying the insured's motion to remand (Lillian Elizondo v. Metropolitan Lloyds Insurance Co. of Texas, et al., No. 16-306, E.D. Texas; 2016 U.S. Dist. LEXIS 103878).

Mealey's IP/Tech - Honda Seeks Inter Partes Review Of 'Integration Subsystem' Patent

ALEXANDRIA, Va. - A patent that is currently the subject of several pending inter partes review (IPR) requests filed by companies including Volkswagen Group of America Inc. and Toyota Motor Co. is under fire again, in light of an Aug. 4 petition for IPR filed by America Honda Motor Co. Inc. (Honda) with the Patent Trial and Appeal Board (American Honda Motor Co. v. Blitzsafe Texas LLC, No. IPR2016-01533, PTAB).

Mealey's PI/Product Liability - Pinnacle Hip Plaintiffs Ask MDL Court To Find Texas Punitives Cap Unconstitutional

DALLAS - Five DePuy Pinnacle hip plaintiffs on Aug. 1 asked a Texas federal judge to reconsider his reduction of their punitive damage awards, arguing that because the state's punitives cap differentiates between high-income and low-income plaintiffs, it is unconstitutional (Margaret Aoki v. Johnson & Johnson Services, Inc., et al., No. 13-1071, Jacqueline Christopher v. Johnson & Johnson Services, Inc., et al., No. 14-194, Donald Greer v. Johnson & Johnson Services, Inc., et al., No. 12-1672, Susan Klusmann v. Johnson & Johnson Services, Inc., et al., No. 11-2800, Robert Peterson v. Johnson & Johnson Services, Inc., et al., No. 11-1941, In Re: DePuy Orthopaedics, Inc. Pinnacle Hip Implant Products Liability Litigation, MDL Docket No. 2244, No. 11-md-2244, N.D. Texas).

Mealey's Insurance - Fact Issues Remain On If Insured Breached Cooperation Clause, Federal Judge Holds

HOUSTON - A cooperation clause applies to an insured's conduct in declining a settlement in an underlying lawsuit over a faulty flex connector, a Texas federal judge ruled July 29, also finding that genuine issues of material fact exist regarding whether the insured breached that duty (Mid-Continent Casualty Co. v. Petroleum Solutions, Inc., et al., No. 09-0422, S.D. Texas; 2016 U.S. Dist. LEXIS 99896).

Mealey's Insurance - Authorities Behind Insolvent Title Insurer Ask Court To Set Claims Deadline

AUSTIN, Texas - The special deputy receiver (SDR) of an insolvent title insurer and the Texas Title Insurance Guaranty Association (TTIGA) asked a Texas court on July 22 to set a claims-filing deadline and approve their notification and claims-processing procedures (The State of Texas v. Millennium Closing Services LLC d/b/a Millennium Title, No. D-1-GN-16-000360, Texas, 53rd Dist., Travis Co.).