LexisNexis® Legal Newsroom
Mealey's IP/Tech - 9th Circuit Denies Sanctions Motion Against Google In Anti-Muslim Film Dispute

SEATTLE - In a March 31 order, a Ninth Circuit U.S. Court of Appeals panel denied an actress' emergency motion seeking a finding of contempt and sanctions against Google Inc. for its purported failure to comply with the panel's previous order requiring takedown of an anti-Muslim film at the center of a copyright infringement lawsuit (Cindy Lee Garcia v. Google Inc., et al., No. 12-57302, 9th Cir.).

Mealey's Bankruptcy - Judge: 'Girls Gone Wild's' Motion For Writ Of Mandamus 'Moot'

LOS ANGELES - The federal judge presiding over the appeal of GGW Global Brands LLC, an entity formed by the president of bankrupt GGW Brands LLC - the parent company for makers of adult videos that carry the name "Girls Gone Wild"- on March 25 denied GGW Global's emergency motion for a writ of mandamus as "moot" (GGW Global Brands LLC v. GGW Marketing LLC [In Re: GGW Brands LLC], No. 13-08255, Chapter 11, C.D. Calif.).

Mealey's PI/Product Liability - Texas Couple Wants Recalled GM Vehicles Pulled Off The Road

CORPUS CHRISTI, Texas - A Texas couple filed an emergency motion in federal court on March 24 seeking an order compelling an auto manufacturer to issue a "Park It Now" alert for its vehicles subject to a massive product recall (Charles Silvas, et al. v. General Motors LLC, No. 14-cv-89, S.D. Texas).

Mealey's Bankruptcy - 'Girls Gone Wild' Founder: Company's Bankruptcy Not Valid; Emergency Ruling Needed

LOS ANGELES - GGW Global Brands LLC, an entity formed by the president of bankrupt GGW Brands LLC, the parent company for makers of adult videos that carry the name "Girls Gone Wild," on March 19 filed an emergency motion for a writ of mandamus in the U.S. District Court for the Central District of California, contending that the District Court should order the Bankruptcy Court to immediately file the certificate of readiness and completion of record for the bankruptcy or else the debtor "could suffer substantial irreparable harm" (GGW Global Brands LLC v. GGW Marketing LLC [In Re: GGW Brands LLC], No. 13-08255, Chapter 11, C.D. Calif.).

Mealey's Bankruptcy - Residents: 'Limited-Purpose' Trustee Needed In Detroit; Manager Showed 'Bad Faith'

DETROIT - Two residents of the bankrupt City of Detroit on March 17 filed a brief in the U.S. Bankruptcy Court for the Eastern District of Michigan, arguing that the Bankruptcy Court should appoint a "limited purpose" trustee because of the emergency manager's "bad faith discharge of fiduciary responsibility" (In Re: City of Detroit, No. 13-53846, Chapter 9, E.D. Mich. Bkcy.).

Mealey's Insurance - U.S. House Passes ACA Individual, Employer Mandate Exemption Bills

WASHINGTON, D.C. - The U.S. House on March 11 passed a trio of bills seeking to grant additional religious exemptions from the Patient Protection and Affordable Care Act (ACA)'s individual mandate and excluding military personnel and emergency services volunteers from the law's individual and employer mandates.

Mealey's Health Law - U.S. House Passes ACA Individual, Employer Mandate Exemption Bills

WASHINGTON, D.C. - The U.S. House on March 11 passed a trio of bills seeking to grant additional religious exemptions from the Patient Protection and Affordable Care Act (ACA)'s individual mandate and excluding military personnel and emergency services volunteers from the law's individual and employer mandates.

Mealey's PI/Product Liability - Georgia High Court Revives Couple's Claims For Medical Malpractice

ATLANTA - The Georgia Supreme Court on Feb. 24 affirmed a Court of Appeals decision reversing summary judgment for the defendants in a medical malpractice action, agreeing that there was evidence that a delay in emergency treatment may have caused further damage to a man's injured hand (Dr. Gihan Abdul-Samed, et al. v. Ryan S. Dailey, et al., No. S13G0657, Ga. Sup.; 2014 Ga. LEXIS 129).

Mealey's Insurance - California Appeals Court Reverses Decision Over Payment Of Emergency Services

LOS ANGELES - In reversing a lower court decision, a California appeals panel on Feb. 19 held that emergency room physicians alleged sufficient facts to reflect the existence of a claim for negligent delegation asserted against health maintenance organizations for allegedly knowing that their independent practice associations (IPAs) were unable to pay the physicians for providing statutorily required services (Centinela Freeman Emergency Medical Associates, et al. v. Health Net of California Inc., et al., No. B238867, Calif. App., 2nd. Dist., Div. 3; 2014 Cal. App. LEXIS 158).

Mealey's Health Law - California Appeals Court Reverses Decision Over Payment Of Emergency Services

LOS ANGELES - In reversing a lower court decision, a California appeals panel on Feb. 19 held that emergency room physicians alleged sufficient facts to reflect the existence of a claim for negligent delegation asserted against health maintenance organizations for allegedly knowing that their independent practice associations (IPAs) were unable to pay the physicians for providing statutorily required services (Centinela Freeman Emergency Medical Associates, et al. v. Health Net of California Inc., et al., No. B238867, Calif. App., 2nd. Dist., Div. 3; 2014 Cal. App. LEXIS 158).

Mealey's Bankruptcy - Detroit's Chapter 9 Plan Would Invest $1.5B In The City; Retirement Benefits Safe

DETROIT - The bankrupt City of Detroit on Feb. 21 filed its Chapter 9 payment plan in the U.S. Bankruptcy Court for the Eastern District of Michigan; the city says the plan will provide $1.5 billion for investment in the city and will allow it to emerge from bankruptcy this year (In Re: City of Detroit, No. 13-53846, Chapter 9, E.D. Mich. Bkcy.).

Mealey's Insurance - Judge: No Additional Discovery Will Cure Failure To Submit Proper Proof Of Loss

NEW ORLEANS - Finding that no additional discovery will change the fact that an insured failed to submit a complete, sworn proof of loss in support of a supplemental claim for Hurricane Isaac damage, a Louisiana federal judge on Feb. 7 granted a motion by the Federal Emergency Management Agency to dismiss the insured's breach of contract and declaratory judgment lawsuit (Richard H. Clark, Sr., et al. v. FEMA, et al., No. 13-5232, E.D. La.; 2014 U.S. Dist. LEXIS 15871).

Mealey's Toxic Tort/Environmental - W.R. Grace Pays $63 Million For Cleanup At 39 Superfund Sites

WASHINGTON, D.C. - W.R. Grace & Co.'s emergence from Chapter 11 bankruptcy protection included a payment of more than $63 million to the U.S. government to resolve claims for cleanup and restoration of hazardous waste sites in 21 states, the U.S. Department of Justice and U.S. Environmental Protection Agency announced Feb. 5.

Mealey's Bankruptcy - W.R. Grace Pays $63 Million For Cleanup At 39 Superfund Sites

WASHINGTON, D.C. - W.R. Grace & Co.'s emergence from Chapter 11 bankruptcy protection included a payment of more than $63 million to the U.S. government to resolve claims for cleanup and restoration of hazardous waste sites in 21 states, the U.S. Department of Justice and U.S. Environmental Protection Agency announced Feb. 5.

Mealey's Toxic Tort/Environmental - Bankruptcy Judge Approves $1.55 Billion Financing Deal For W.R. Grace

WILMINGTON, Del. - A Delaware federal bankruptcy judge on Jan. 28 ruled that Chapter 11 debtor W.R. Grace & Co. can obtain up to $1.55 billion in financing from a dozen banks and financial institutions to support the company's operating needs as it emerges from bankruptcy (In re: W.R. Grace & Co., et al., No. 01-01139, D. Del. Bkcy.).

Mealey's PI/Product Liability - Bankruptcy Judge Approves $1.55 Billion Financing Deal For W.R. Grace

WILMINGTON, Del. - A Delaware federal bankruptcy judge on Jan. 28 ruled that Chapter 11 debtor W.R. Grace & Co. can obtain up to $1.55 billion in financing from a dozen banks and financial institutions to support the company's operating needs as it emerges from bankruptcy (In re: W.R. Grace & Co., et al., No. 01-01139, D. Del. Bkcy.).

Mealey's Bankruptcy - Bankruptcy Judge Approves $1.55 Billion Financing Deal For W.R. Grace

WILMINGTON, Del. - A Delaware federal bankruptcy judge on Jan. 28 ruled that Chapter 11 debtor W.R. Grace & Co. can obtain up to $1.55 billion in financing from a dozen banks and financial institutions to support the company's operating needs as it emerges from bankruptcy (In re: W.R. Grace & Co., et al., No. 01-01139, D. Del. Bkcy.).

Mealey's Insurance - Reinsurer Argues For Disqualification Of Arbitration Panel

NEW YORK - A reinsurer told a federal court in New York on Jan. 27 that an entire reinsurance arbitration panel, in which one member had a medical emergency, should be disqualified instead of having the reinsurer assign a new party-appointed arbitrator (Companion Property And Casualty Insurance Company v. Allied Provident Insurance, Inc., No. 13-cv-07865, S.D. N.Y.).

RSM Seeks International Arbitration Over $26 Million Cash Call

LONDON - RSM Production Corp. on Jan. 21 announced that it has made an application to the International Chamber of Commerce (ICC) for emergency measures to defend against an oil and gas entity's demand for a $26 million payment.

Union: Detroit Emergency Manager Lacks Power To 'Diminish' Retiree Benefits

DETROIT - The union representing the employees of the bankrupt City of Detroit on Jan. 20 filed a brief in the adversary proceeding filed by the Official Committee of Retirees of the City of Detroit against the city, arguing that the emergency manager put in charge of the city's bankruptcy lacks the authority to take any action to "diminish" retiree health insurance benefits (The Official Committee of Retirees of The City of Detroit v. The City of Detroit $(In Re: The City of Detroit$), Adv. No. 14-04015, No. 13-53846, Chapter 9, E.D. Mich. Bkcy.).

West Virginia Class Action Alleges Business Losses, Personal Injuries For 300,000

CHARLESTON, W.Va. - The owners of two Charleston-area restaurants, along with a resident, filed a class action suit on Jan. 11 in the U.S. District Court for the Southern District of West Virginia to represent some 300,000 customers of a Charleston water utility who were placed under a declaration of emergency because of the release of a foaming agent used to clean coal (Shape Shop Inc., et al. v. Freedom Industries Inc., No. 14-1288, S.D. W.Va.).

Injunction Pending Appeal Granted After Judge Dismisses Birth Control Case

WASHINGTON, D.C. - A divided District of Columbia Circuit U.S. Court of Appeals panel on Dec. 31 granted an emergency motion for injunction pending appeal in a nonprofit religious organization's case challenging the birth control mandate contained in the Patient Protection and Affordable Care Act (PPACA). By its own motion, the court consolidated the case with a similar case (Priests for Life, et al. v. U.S. Department of Health and Human Services, et al., No. 13-1261, D.C. Cir.).

6th Circuit: Act Gives City Power To Modify Contracts To Avoid Bankruptcy

CINCINNATI - A panel of the Sixth Circuit U.S. Court of Appeals on Jan. 3 affirmed a district court ruling that the City of Flint, Mich., and its emergency manager did not violate the U.S. Constitution when it moved to modify health care benefits contracts with retired city employees because Michigan state law gave the city that power to avoid filing for bankruptcy (John Welch v. Michael Brown, No. 13-1476, 6th Cir.; 2014 U.S. App. LEXIS 131).

Government Opposes Supreme Court's Halt Of Birth Control Mandate

WASHINGTON, D.C. - The federal government on Jan. 3 filed a brief with the U.S. Supreme Court opposing an emergency injunction pending appellate review or, in the alternative, a petition for a writ of certiorari before judgment and injunction pending resolution following a Dec. 31 order by Justice Sonia Sotomayor that temporarily blocked the federal government from enforcing the birth control mandate contained in the Patient Protection and Affordable Care Act (PPACA) against an order of Catholic nuns at the request of the group after a lower court denied a motion for a preliminary injunction in a case challenging the mandate (Little Sisters of the Poor Home for the Aged, et al. v. Kathleen Sebelius, et al., No. 13A691, U.S. Sup.).

W.R. Grace Gets Approval For $250 Million Payment To Qualified Settlement Fund

WILMINGTON, Del. - As part of its preparations to emerge from Chapter 11 protection in 2014 and to receive a tax break for 2013, W.R. Grace & Co. received authorization Dec. 17 from a Delaware federal bankruptcy judge to contribute up to $250 million to a qualified settlement fund for eventual distribution to an asbestos personal injury trust (In re: W.R. Grace & Co., et al., No. 01-01139, D. Del. Bkcy.).