LexisNexis® Legal Newsroom
    Mealey's Litigation Procedure - Pennsylvania Man Files Class Complaint Against SEPTA Over Job Applicant Checks

    PHILADELPHIA - The Southeastern Pennsylvania Transportation Authority (SEPTA) routinely violates the Fair Credit Reporting Act (FCRA) and the Pennsylvania Criminal History Record Information Act (CHRIA) by obtaining and using job applicants' records in a manner that violates federal and state law, a Philadelphia man who was an unsuccessful job applicant alleges in his class complaint filed against SEPTA in Pennsylvania federal court on April 27 (Frank Long, et al. v. Southeastern Pennsylvania Transportation Authority, No. 16-1991, E.D. Pa.).

    Mealey's IP/Tech - Blind Law Students Allege Bar Review Course Site Not Accessible Under ADA

    DALLAS - In a complaint filed April 25 in Texas federal court, three blind law students allege that a company specializing in bar exam preparation materials has violated the Americans with Disabilities Act (ADA) by not providing a website and other materials that are fully accessible to visually impaired individuals and by not responding to requests for reasonable accommodations (Claire Stanley, et al. v. BarBri Inc., et al., No. 3:16-cv-01113, N.D. Texas).

    Mealey's Litigation Procedure - Insureds Oppose Motions By Anthem, Blue Cross To Dismiss Data Breach Suit

    SAN JOSE, Calif. - In a pair of April 26 filings in California federal court, the putative class representatives in a suit over a breach of Anthem Inc.'s network opposed motions to dismiss by Anthem and Blue Cross Blue Shield Association (BCBS), arguing that they have sufficiently pleaded facts to support breach and negligence claims and have satisfied standing requirements (In Re: Anthem Inc., Customer Data Security Breach Litigation, No. 5:15-cv-02617, N.D. Calif.).

    Mealey's PI/Product Liability - Magistrate Judge: Plaintiff's Removal Of Floor Covering Warrants Adverse Inference

    NEW HAVEN, Conn. - A federal magistrate judge in Connecticut on April 26 granted in part a motion for spoliation sanctions filed by Anchor Insulation Co. Inc., John Manville Inc. and Icynene Corp., finding that a man's removal of at least 10 rolls of floor covering before a home inspection to examine levels of volatile organic compound (VOC) gasses allegedly emitted by the defendants' spray polyurethane foam (SPF) constituted destruction of evidence (Richard Breyer, et al. v. Anchor Insulation Co. Inc., et al., No. 13 CV 1576, D. Conn.).

    Mealey's IP/Tech - Board Affirms Final Rejection Of Machinery Patent As Obvious

    ALEXANDRIA, Va. - Efforts to undo an examiner's May 2014 final rejection on obviousness grounds of various claims of a patented troughing idler for belt conveyors were unsuccessful on April 27, when the Patent Trial and Appeal Board instead upheld the examiner's findings (Ex parte Hansen Manufacturing Corp., No. 2016-00248, PTAB).

    Mealey's IP/Tech - Patent Board Institutes Review Of Commodities Trading Patent

    ALEXANDRIA, Va. - In a 46-page ruling issued April 28, the Patent Trial and Appeal Board (PTAB) indicated that it will review the patentability of an invention that claims repositioning of market information on a graphical user interface (GUI) and electronic trading (IBG LLC and Interactive Brokers LLC v. Trading Technologies International Inc., No. CBM2016-0009, PTAB).

    Mealey's Litigation Procedure - Judge Says That Because Arbitration Award Was Not Vacated, It Must Be Confirmed

    PHILADELPHIA - A federal judge in Pennsylvania on April 26 granted a platinum recovery company's motion to confirm an arbitration award issued in London regarding certain advances and loans the platinum recovery company made to a spent automotive catalytic converter collector (Impala Platinum Holdings Limited, et al. v. A-1 Specialized Services and Supplies, Inc., et al., No.; 13-cv-02930, E.D. Pa.).

    Mealey's Litigation Procedure - Virginia Federal Judge Confirms 3 Awards Totaling $16.5 Million

    NORFOLK, Va. - A Virginia federal judge on April 26 confirmed three arbitration awards totaling more than $16.5 million from the International Commercial Arbitration Court at The Chamber of Commerce and Industry of the Russian Federation (ICAC) (Research and Development Center "teploenergetika" v. EP International LLC, et al., No. 2:15-cv-362, E.D. Va.; 2016 U.S. Dist. LEXIS 55843).

    Mealey's Toxic Tort/Environmental - Plaintiffs In C8 Case Seek DuPont's Financial Information Related To Dow Merger

    COLUMBUS, Ohio - The Ohio residents who are suing E.I. du Pont De Nemours and Co. alleging that they have been injured as a result of exposure to perfluorooctanoic acid (known as C8) filed a brief in an Ohio federal court on April 27, contending that it should compel the company to provide "relevant and discoverable financial information" related to a company that DuPont spun off, as well as related to its merger with Dow Chemical Co. (In re E.I. du Pont de Nemours and Co. C-8 Personal Injury Litigation, MDL No. 2433, No. 13-2433, S.D. Ohio).

    Mealey's Insurance - Insureds' Bad Faith Claim For Defects Coverage Is Not Time-Barred, Judge Holds

    BALTIMORE - Aa fact finder could conclude that insureds did not discover or know the facts underlying their bad faith claim until much later than the settlement and judgment resolving underlying construction defect claims, an Arizona federal judge ruled April 25, finding that the bad faith claim is not time-barred under a two-year statute of limitations (D.R. Horton Inc., et al. v. Maryland Casualty Co., et al., No. 14-02507, D. Ariz.; 2016 U.S. Dist. LEXIS 55443).

    Mealey's PI/Product Liability - Avandia Plaintiffs Must Show Cause For Remaining Common Benefits Fee Reserve

    PHILADELPHIA - The Plaintiffs Advisory Committee and the plaintiffs' law firm of Girardi Keese of Los Angeles were ordered by the Avandia multidistrict litigation judge on April 26 to show cause why either is entitled to receive the remaining common benefit assessment reserve for Girardi Keese settlements (In Re: Avandia Marketing, Sales Practices and Products Liability Litigation, MDL Docket No. 1871, No. 07-md-1871, E.D. Pa.).

    Mealey's Toxic Tort/Environmental - Judge: Expert Reports Do Not Trigger Federal Question Jurisdiction

    ST. LOUIS - A federal judge in Missouri on April 26 remanded a lawsuit filed by the state's attorney general against the owner of a landfill where there is an underground trash fire occurring, ruling that expert reports filed in association with the lawsuit do not trigger federal question jurisdiction simply because they mention the U.S. Environmental Protection Agency's control over radiologically impacted materials (RIM) (United States of America, ex rel. Attorney General Chris Koster, et al. v. Republic Services Inc., et al., No. 15CV1506 RLW, E.D. Mo.; 2015 U.S. Dist. LEXIS 55273).

    Mealey's Insurance - Judge Orders Insurers To Reimburse, Advance Legal Costs To Former FIFA Official

    BROOKLYN, N.Y. - A New York federal judge on April 27 ordered directors and officers liability insurers to immediately reimburse and advance legal costs to a former official of the Federation Internationale de Football Association (FIFA) in connection with his indictment, extradition and defense in an underlying criminal action (Eduardo Li v. Certain Underwriters at Lloyd's, London, et al., No. 15-06099, E.D. N.Y.).

    Mealey's IP/Tech - Federal Circuit Upholds Invalidity Findings Under Issue Preclusion Doctrine

    WASHINGTON, D.C. - Citing its companion ruling issued the same day in U.S. Ethernet Innovations LLC v. Acer Inc. (No. 2015-1640, 1641 [Fed. Cir.]) (the Acer appeal), the Federal Circuit U.S. Court of Appeals on April 25 turned away an appeal of a Texas federal judge's holding of patent invalidity on the basis of issue preclusion (U.S. Ethernet Innovations LLC v. Texas Instruments Inc., No. 15-1510, Fed. Cir.; 2016 U.S. App. LEXIS 7398.).

    Mealey's Labor & Employment - 1st Circuit: Worker With Various Restrictions Failed To Prove Disability Bias

    BOSTON - An employee who was terminated after two rounds of employment at the same company failed to show that his termination was related to various physical accommodations he required, a First Circuit U.S. Court of Appeals panel ruled April 25 (Raymond Murray v. Warren Pumps, LLC, et al., No. 13-2133, 1st Cir.; 2016 U.S. App. LEXIS 7471).

    Mealey's PI/Product Liability - 4th Circuit: Pelvic Mesh Plaintiff Missed Utah 2-Year Statute Of Limitations

    RICHMOND, Va. - The Fourth Circuit U.S. Court of Appeals on April 26 affirmed summary judgment in a Boston Scientific Corp. pelvic mesh case, finding that the plaintiff missed Utah's two-year statute of limitations after being told that mesh had eroded into her vagina (Brenda L. Robinson, et al. v. Boston Scientific Corporation, No. 15-1441, 4th Cir.; 2016 U.S. App. LEXIS 7545).

    Mealey's PI/Product Liability - Dismissal Of Pain Patch False Claims Suit Vacated For Jurisdictional Ruling

    RICHMOND, Va. - The Fourth Circuit U.S. Court of Appeals on April 26 vacated dismissal of a False Claims Act (FCA) lawsuit involving a pain patch because a district court judge did not first consider whether she had jurisdiction under the first-to-file or public disclosure rules (United States ex rel. Jerome Palmieri v. Alpharma, Inc., et al., No. 14-1388, 4th Cir.; 2016 U.S. App. LEXIS 7525).

    Mealey's Toxic Tort/Environmental - Florida Jury Awards Deceased Smoker's Family $33.5 Million

    PALM BEACH, Fla. - A jury in Florida on April 27 awarded the widow of a smoker who died from lung cancer $12.5 million in punitive damages, bringing the total award to the family to $33.5 million (Purdo v. R.J. Reynolds Tobacco Co., et al., No. 2007CA024173, Fla. Cir., 15th Jud. Cir., Palm Beach Co.).

    Mealey's Toxic Tort/Environmental - Connecticut Supreme Court Upholds $28 Million Verdict In Tobacco Suit

    HARTFORD, Conn. - Answering a certified question from the Second Circuit U.S. Court of Appeals, the Connecticut Supreme Court said in an opinion scheduled to be released May 3 that the Restatement (Second) of Torts does not preclude suits premised on strict liability against cigarette manufacturers and upheld a verdict in favor of a woman who sued R.J. Reynolds Tobacco Co. after developing laryngeal cancer (Barbara A. Izzarelli v. R.J. Reynolds Tobacco Co., No. 19232, Conn. Sup.; 2016 Conn. LEXIS 100).

    Mealey's Toxic Tort/Environmental - No Error In Exclusion Of Specific Causation Expert In Toxic Tort Case, Panel Says

    BOSTON - A trial judge did not err in excluding plaintiffs' specific causation expert in a toxic tort case, a majority of the First Circuit U.S. Court of Appeals held April 25, also affirming summary judgment to the product manufacturer accused (Brian Milward and Linda J. Milward v. Rust-Oleum Corp., No. 13-2132, 1st Cir.; 2016 U.S. App. LEXIS 7470).

    Mealey's PI/Product Liability - Judge Finds Insufficient Evidence Of Post-Employment Asbestos Exposure

    SAN DIEGO - A widow lacks sufficient evidence of her husband's post-employment asbestos exposure to avoid California's workers' compensation exclusivity bar, a federal judge held April 25 (Gail Elizabeth Walashek, et al. v. Air & Liquid Systems Corp., et al., No. 14-1567, S.D. Calif.; 2016 U.S. Dist. LEXIS 55013).

    Mealey's Labor & Employment - Judge Finds Insufficient Evidence Of Post-Employment Asbestos Exposure

    SAN DIEGO - A widow lacks sufficient evidence of her husband's post-employment asbestos exposure to avoid California's workers' compensation exclusivity bar, a federal judge held April 25 (Gail Elizabeth Walashek, et al. v. Air & Liquid Systems Corp., et al., No. 14-1567, S.D. Calif.; 2016 U.S. Dist. LEXIS 55013).

    Mealey's Insurance - Judge Vacates Default Judgment Against Insured In Defects Coverage Suit

    TAMPA, Fla. - A Florida federal judge on April 26 vacated a default judgment against an insured subcontractor in an insurer's declaratory judgment action, citing the involvement of multiple defendant parties also named in an underlying construction defect case (Southern Owners Insurance Co. v. Gallo Building Services, Inc., et al., No. 15-01440, M.D. Fla.; 2016 U.S. Dist. LEXIS 55572).

    Mealey's IP/Tech - Delaware Federal Judge Transfers Patent Dispute To Washington Court

    WILMINGTON, Del. - Despite gleaning evidence of a patent defendant's "global aspirations," a Delaware federal judge on April 25 nonetheless agreed to grant the defendant transfer to the U.S. District Court for the Western District of Washington (Segway Inc. v. Inventist Inc., No. 15-808, D. Del.; 2016 U.S. Dist. LEXIS 54539).

    Mealey's Labor & Employment - ERISA Plaintiffs Seek Preliminary Approval Of Kodak Settlement

    BUFFALO, N.Y. - Allegations that various fiduciaries violated the Employee Retirement Income Security Act by permitting the Eastman Kodak Employees' Savings and Investment (SIP) and Kodak Employee Stock Ownership Plans (ESOP) (collectively, the plans) to offer Kodak stock as an investment option even after an objective investigation would have revealed that the stock represented an "extremely risky investment" are on the cusp of resolution with a settlement agreement, according to an April 22 motion filed by the plaintiffs (In re: Eastman Kodak ERISA Litigation, No. 12-6051, W.D. N.Y.).