LexisNexis® Legal Newsroom
Mealey's IP/Tech - Computer Fraud Defendant Defends Bail Motion To Pursue Appeal Of Sentence

SAN FRANCISCO - A man who was convicted of computer fraud and trade secret theft against his former employer filed a brief in the Ninth Circuit U.S. Court of Appeals in support of his emergency motion for release from custody to pursue an appeal of a trial court's denial of his motion for a writ of error coram nobis (United States v. David Nosal, No. 18-10089, 9th Cir.).

Mealey's Litigation Procedure - Louisiana Town Defendants Granted Judgment On Pleadings In Flooding Class Suit

BATON ROUGE, La. - A Louisiana federal judge on April 20 granted a motion for judgment on the pleadings filed by a Louisiana town and its officials in a class complaint by residents alleging improper responses to a 2016 flood but ruled that the plaintiffs may have one chance to amend their complaint to state a claim against the Clinton, La., defendants (People's Workshop, et al. v. Federal Emergency Management Agency, et al., No. 17-107, M.D. La., 2018 U.S. Dist. LEXIS 66912).

Mealey's PI/Product Liability - Judge: Emails Made Case Removable; Asbestos Disclaimer Keeps It In State Court

PORTLAND, Ore. - Contacts in furtherance of settlements suggesting asbestos exposures aboard U.S. Navy ships are "other paper" that make a case removable, but a woman's subsequent waiver of such claims warrants remanding the case, a federal judge in Oregon held Feb. 2. On Feb. 5, the defendants filed an emergency motion to stay remand (Maxine Pelker, et al. v. Air & Liquid Systems Corp., et al., No. 17-1107, D. Ore., 2018 U.S. Dist. LEXIS 17466).

Mealey's Toxic Tort/Environmental - Judge: Emails Made Case Removable; Asbestos Disclaimer Keeps It In State Court

PORTLAND, Ore. - Contacts in furtherance of settlements suggesting asbestos exposures aboard U.S. Navy ships are "other paper" that make a case removable, but a woman's subsequent waiver of such claims warrants remanding the case, a federal judge in Oregon held Feb. 2. On Feb. 5, the defendants filed an emergency motion to stay remand (Maxine Pelker, et al. v. Air & Liquid Systems Corp., et al., No. 17-1107, D. Ore., 2018 U.S. Dist. LEXIS 17466).

Mealey's Insurance - Motion To Strike Health Care Provider's Pleading Remains After Briefing Vacated

LOS ANGELES - A federal judge in California on Jan. 23 vacated briefing on a motion to dismiss an emergency health services provider's case against an insurer, but let stand a motion to strike the new filing, which the defendant claims ignores the court's order not to add defendants (Long Beach Memorial Medical Center v. Blue Cross and Blue Shield of South Carolina Inc., et al., No. 17-8181, C.D. Calif.).

Mealey's Insurance - Out-Of-State Insurer Wants Emergency Care Provider's California Suit Dismissed

LOS ANGELES - An emergency health services provider relies on "phantom allegations" and evidence outside the complaint in opposing dismissal of implied-in-fact contract and quantum meruit claims, a South Carolina insurer told a California federal judge on Jan. 17 (Long Beach Memorial Medical Center v. Blue Cross and Blue Shield of South Carolina Inc., et al., No. 17-8181, C.D. Calif.).

Mealey's Insurance - Hurricane Irene Claim For Additional Damage Is Untimely, Federal Judge Says

ELIZABETH CITY, N.C. - A North Carolina federal judge on Jan. 11 found that insureds' claim for additional damage was made well beyond the Federal Emergency Management Agency deadline for Hurricane Irene-related claims, further concluding that the subrogation provision in a Standard Flood Insurance Policy (SFIP) provides no basis for the relief that the insureds' seek (Robert Shearer, et al. v. State Farm Fire and Casualty Company, et al., No. 17-31, E.D. N.C., 2018 U.S. Dist. LEXIS 6298).

Mealey's Securities/D&O Liability - High Court Defers Ruling On Securities Class Action Petition After Settlement

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 16 granted a joint emergency motion to defer consideration of a petition for a writ of certiorari in an appeal of a securities class action lawsuit that asks it to provide guidance to lower courts as to the evidence that is necessary under Supreme Court precedent to prove reliance (Petroleo Brasileiro S.A. v. Universities Superannuation Scheme Limited, et al., No. 17-664, U.S. Sup.).

Mealey's Labor & Employment - U.S. Supreme Court Won't Hear Case Arguing CSX Is Liable For Employee's Death

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 8 denied a petition for writ of certiorari filed by the wife of a deceased railway conductor arguing that the policies of her husband's employer regarding remote work and contacting emergency services caused him to die at a remote worksite after suffering a heart attack (Crystal Sells v. CSX Transportation, Inc., No. 17-384, U.S. Sup.).

Mealey's Litigation Procedure - 9th Circuit Denies Discovery Stay In DACA Suit, Defers To Trial Court

PASADENA, Calif. - After denying mandamus to the U.S. government from a trial court's order requiring an expanded administrative record in a lawsuit seeking to block the termination of the Deferred Action for Childhood Arrivals (DACA) program, a Ninth Circuit U.S. Court of Appeals panel on Nov. 21 denied the government's motion for an emergency stay of discovery, ruling that it lacked authority to consider the motion (In re United States, et al., No.17-72917, 9th Cir.).

Mealey's Health Law - Claim Seeking Coverage For Air Ambulance Transport Remanded To Plan Administrator

SACRAMENTO, Calif. - A California federal judge on Nov. 16 remanded an insured's claim seeking coverage for almost $500,000 incurred for the transport of her daughter from a hospital in Mexico to a hospital in Seattle by air ambulance because the plan administrator did not consider all of the available information before denying the claim on the basis that the air transport was not for an emergency (Aviation West Charters LLC, d/b/a Angel Medflight v. UnitedHealthcare Insurance Co., No. 16-436, E.D. Calif., 2017 U.S. Dist. LEXIS 190114).

Mealey's Labor & Employment - Claim Seeking Coverage For Air Ambulance Transport Remanded To Plan Administrator

SACRAMENTO, Calif. - A California federal judge on Nov. 16 remanded an insured's claim seeking coverage for almost $500,000 incurred for the transport of her daughter from a hospital in Mexico to a hospital in Seattle by air ambulance because the plan administrator did not consider all of the available information before denying the claim on the basis that the air transport was not for an emergency (Aviation West Charters LLC, d/b/a Angel Medflight v. UnitedHealthcare Insurance Co., No. 16-436, E.D. Calif., 2017 U.S. Dist. LEXIS 190114).

Mealey's PI/Product Liability - Appeals Panel Partially Reverses Summary Judgment In Medical Malpractice Suit

ATLANTA - A panel of the Fifth Division of the Georgia Court of Appeals on Oct. 26 affirmed summary judgment for a hospital in a medical malpractice suit but reversed summary judgment granted to doctors in an emergency room and a radiologist after finding that they were not protected by an exception to Georgia law (Gwendolyn Kidney, et al. v. Eastside Medical Center, et al., No. A17A0806, Ga. App. 5th Div., 2017 Ga. App. LEXIS 504).

Mealey's Insurance - Illinois Panel Reverses Ruling In Insurer's Favor In Dispute Over $5.2M Verdict

CHICAGO - An Illinois appeals panel on Oct. 18 found that a lower court erred in determining that emergency medical services fell within the scope of an insurance policy's "products-completed operations hazard" provision, reversing and remanding a lower court's ruling in favor of the insurer in a dispute over coverage for an underlying $5.2 million jury verdict (The City of Park Ridge, et al. v. Clarendon American Insurance Company, et al., No. 01-17-0453, Ill. App., 1st Dist., 3rd Div., 2017 Ill. App. LEXIS 656).

Mealey's Antitrust/Unfair Competition - Judge Dismisses UCL, Contract Claims Against Insurer, Finds Lack Of Facts

SACRAMENTO, Calif. - After finding that an emergency services provider failed to plead sufficient facts to show that an insurer violated California's unfair competition law (UCL) or whether its claims were preempted under the Medicare Act, a California federal judge on Sept. 29 dismissed the provider's claims related to an alleged payment scheme with leave to amend (Prime Healthcare Services-SHASTA LLC v. United Healthcare Services Inc., et al., No. 2:16-cv-01773, E.D. Calif., 2017 U.S. Dist. LEXIS 162863).

Mealey's Health Law - ACA, UCL Claims Against Health Care Provider Survive In Transgender Case

SAN DIEGO - Allegations that an emergency health care provider touted its compassion toward those with gender dysphoria and then repeatedly referred to a transgender boy as female support his mother's Patient Protection and Affordable Care Act (ACA) and California unfair competition law claims, a federal judge in California held Sept. 27 (Katharine Prescott, et al. v. Rady Children's Hospital - San Diego, No. 16-2408, S.D. Calif., 2017 U.S. Dist. LEXIS 160259).

Mealey's Antitrust/Unfair Competition - ACA, UCL Claims Against Health Care Provider Survive In Transgender Case

SAN DIEGO - Allegations that an emergency health care provider touted its compassion toward those with gender dysphoria and then repeatedly referred to a transgender boy as female support his mother's Patient Protection and Affordable Care Act (ACA) and California unfair competition law claims, a federal judge in California held Sept. 27 (Katharine Prescott, et al. v. Rady Children's Hospital - San Diego, No. 16-2408, S.D. Calif., 2017 U.S. Dist. LEXIS 160259).

Mealey's Labor & Employment - Judge Orders More Discovery Into Jurisdiction In Health Insurance Billing Spat

ALBUQUERQUE, N.M. - A critical care emergency medical transport company is entitled to further jurisdictional discovery into the individuals involved in denying its health insurance claim and where a defendant defends suits, a federal magistrate judge held Sept. 18 (Med Flight Air Ambulance Inc. v. MGM Resorts International, et al., No. 17-246, D. N.M., 2017 U.S. Dist. LEXIS 151265).

Mealey's PI/Product Liability - Tennessee Appeals Panel Orders New Trial In Medical Malpractice Case

KNOXVILLE, Tenn. - A panel of the Tennessee Court of Appeals on Sept. 18 reversed a defense verdict and ordered a new trial in a medical malpractice suit after finding that the trial court erred by instructing the jury on the sudden emergency doctrine (Brittany Nicole VanDyke v. Brooke E. Foulk, M.D., et al., No. E2016-00584-COA-R3-CV, Tenn. App., 2017 Tenn. App. LEXIS 621)

Mealey's Insurance - New York Insured Sues FEMA, Administrators, Insurer In Superstorm Sandy Dispute

CENTRAL ISLIP, N.Y. - An insured sued the Federal Emergency Management Agency, its administrators and Wright National Flood Insurance Co. on Aug. 17 in a New York federal court, alleging that he was wrongfully denied $141,274.50 in insurance proceeds for Superstorm Sandy damage to his Long Beach, N.Y., home (David Clutter v. William B. Long, et al., No. 17-4833, E.D. N.Y.).

Mealey's Litigation Procedure - Judge Finds UCL Class Claims Against Emergency Medical Entities Can Proceed

SAN DIEGO - After finding that wages provided for under California labor code are considered wages and constitute restitution, a California federal judge on July 31 refused to dismiss a claim for violation of California's unfair competition law (UCL) asserted by a group of ambulance and emergency medical technicians against their employers (Rueben Calleros, et al. v. Rural Metro of San Diego Inc., No. 17-cv-00686, S.D. Calif., 2017 U.S. Dist. LEXIS 120119).

Mealey's Labor & Employment - Judge Finds UCL Class Claims Against Emergency Medical Entities Can Proceed

SAN DIEGO - After finding that wages provided for under California labor code are considered wages and constitute restitution, a California federal judge on July 31 refused to dismiss a claim for violation of California's unfair competition law (UCL) asserted by a group of ambulance and emergency medical technicians against their employers (Rueben Calleros, et al. v. Rural Metro of San Diego Inc., No. 17-cv-00686, S.D. Calif., 2017 U.S. Dist. LEXIS 120119).

Mealey's Antitrust/Unfair Competition - Judge Finds UCL Class Claims Against Emergency Medical Entities Can Proceed

SAN DIEGO - After finding that wages provided for under California labor code are considered wages and constitute restitution, a California federal judge on July 31 refused to dismiss a claim for violation of California's unfair competition law (UCL) asserted by a group of ambulance and emergency medical technicians against their employers (Rueben Calleros, et al. v. Rural Metro of San Diego Inc., No. 17-cv-00686, S.D. Calif., 2017 U.S. Dist. LEXIS 120119).

Mealey's PI/Product Liability - Tennessee Appeals Panel Finds Expert Not Needed For Common Knowledge

KNOXVILLE, Tenn. - A Tennessee appellate panel on May 2 found that a man who was allegedly hit by an emergency medical technician (EMT) while he was strapped down to a gurney did not need to attach an expert affidavit and reversed the trial court's decision to dismiss the suit with prejudice and ordered the suit be remanded to be dismissed without prejudice (Jonathon Fitzrandolph Zink v. Rural/Metro of Tennessee L.P., et al., No. E2016-01581-COA-R3-CV, Tenn. App., 2017 Tenn. App. LEXIS 276).

Mealey's Labor & Employment - New York Federal Judge Reduces Attorney Fees After Wage Settlement

NEW YORK - A New York federal judge on April 28 awarded more than $705,000 in attorney fees for class counsel who settled a wage-and-hour class dispute, nearly $389,000 less than counsel was seeking, but conditioned the award on paying to class members approximately $131,000 that would have, under the reversionary nature of the settlement, been returned to the defendant (Margaret McGreevy, et al. v. Life Alert Emergency Response, Inc., No. 14-7457, S.D. N.Y., 2017 U.S. Dist. LEXIS 65085).