LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - IPhone User Sues Apple For Failure To Honor Phone Upgrade Program

SAN JOSE, Calif. - In a putative class complaint filed Sept. 12 in California federal court, a New York man alleges breach of contract and unfair competition against Apple Inc. for its purported failure to live up to its pledge to annually furnish the latest models of iPhones to members of its "iPhone Upgrade Program" (Emil Frank v. Apple Inc., No. 5:16-cv-05217, N.D. Calif.).

Mealey's Antitrust/Unfair Competition - IPhone User Sues Apple For Failure To Honor Phone Upgrade Program

SAN JOSE, Calif. - In a putative class complaint filed Sept. 12 in California federal court, a New York man alleges breach of contract and unfair competition against Apple Inc. for its purported failure to live up to its pledge to annually furnish the latest models of iPhones to members of its "iPhone Upgrade Program" (Emil Frank v. Apple Inc., No. 5:16-cv-05217, N.D. Calif.).

Mealey's IP/Tech - IPhone User Sues Apple For Failure To Honor Phone Upgrade Program

SAN JOSE, Calif. - In a putative class complaint filed Sept. 12 in California federal court, a New York man alleges breach of contract and unfair competition against Apple Inc. for its purported failure to live up to its pledge to annually furnish the latest models of iPhones to members of its "iPhone Upgrade Program" (Emil Frank v. Apple Inc., No. 5:16-cv-05217, N.D. Calif.).

Mealey's Insurance - 10th Circuit Affirms Ruling In Insurer's Favor In Suit Over Condominium Roof Damage

DENVER - The 10th Circuit U.S. Court of Appeals on Sept. 9 affirmed a lower federal court's summary judgment ruling in favor of an insurer in a condominium association insured and a general contractor's breach of contract and bad faith lawsuit arising from wind and hail damage (Sable Cove Condominium Association, et al. v. Owners Insurance Co., No. 15-1261, 10th Cir.; 2016 U.S. App. LEXIS 16567).

Mealey's Insurance - Judge: Insurer's Failure To Provide Proof Of Loss Caused Delay In Payment

ASHLAND, Ky. - An insurer is entitled to judgment as a matter of law in an insurance breach of contract and bad faith lawsuit because insureds failed to show that the insurer breached the terms of a homeowners insurance policy by failing to pay on claims within 30 days of receiving the proof of loss, a federal judge in Kentucky ruled Sept. 7 (Billie W. Hamm v. American Bankers Insurance Co. of Florida, No. 14-39, E.D. Ky.; 2016 U.S. Dist. LEXIS 120567).

Mealey's Labor & Employment - 11th Circuit Finds Seaman's Claims Must Be Arbitrated Under Contract

MIAMI - After finding that a cruise line worker's employment contract envisioned performance abroad because he worked on international waters, the 11th Circuit U.S. Court of Appeals on Aug. 29 affirmed a decision finding that an arbitration clause was enforceable under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (Francis D'Cruz v. NCL [Bahamas] Ltd., et al., No. 15-11766, 11th Cir.; 2016 U.S. App. LEXIS 15932).

Mealey's Insurance - Homeowners Insurance Policy Provision 'Unlawfully More Restrictive,' Judge Rules

CHARLESTON, W.Va. - Ruling on a topic not yet decided by the West Virginia Supreme Court of Appeals, a federal judge in West Virginia on Aug. 30 determined that insureds are entitled to summary judgment on their breach of contract claim in a bad faith lawsuit because an insurer breached its contract with insureds by inserting an "unlawfully more restrictive" residence premises provision into a homeowners insurance policy (William Shank v. Safeco Insurance Company of America, No. 15-9033, S.D. W.Va.; 2016 U.S. Dist. LEXIS 116367).

Mealey's Insurance - Judge Denies Insured's Motion To Remand Bad Faith Suit To State Court

LAS VEGAS - An insurer's removal of an insurance breach of contract and bad faith lawsuit to federal court was timely, and the insurer proved that the amount in controversy exceeded statutory limits, a federal judge in Nevada ruled Aug. 30 in denying an insured's motion to remand (Susan R. Montoya v. State Farm Mutual Automobile Insurance Co., No. 16-1530, D. Nev.; 2016 U.S. Dist. LEXIS 116434).

Mealey's Insurance - Panel Reverses Rulings, Says Massachusetts Law, Not Rhode Island Law, Applies

BOSTON - Massachusetts law must be applied in an environmental contamination coverage suit for several Rhode Island sites because Massachusetts is the state where the insurance contracts were negotiated, the Massachusetts Appeals Court said Aug. 31 in reversing a number of rulings in favor of the insured (OneBeacon America Insurance Co. v. Narragansett Electric Co., et al., No. 13-1240, Mass. App.; 2016 Mass. App. LEXIS 113).

Mealey's Litigation Procedure - 11th Circuit Finds Seaman's Claims Must Be Arbitrated Under Contract

MIAMI - After finding that a cruise line worker's employment contract envisioned performance abroad because he worked on international waters, the 11th Circuit U.S. Court of Appeals on Aug. 29 affirmed a decision finding that an arbitration clause was enforceable under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (Francis D'Cruz v. NCL [Bahamas] Ltd., et al., No. 15-11766, 11th Cir.; 2016 U.S. App. LEXIS 15932).

Mealey's Insurance - Federal Judge Partially Dismisses Bad Faith Claim In Insurance Dispute

WILLIAMSPORT, Pa. - A federal judge in Pennsylvania on Aug. 29 granted in part and denied in part an insurer's motion to dismiss in an insurance breach of contract and bad faith lawsuit, ruling that Pennsylvania does not provide for recovery for bad faith claims made pursuant to the Pennsylvania Unfair Insurance Practices Act (UIPA) (Ronald E. Long v. Stonebridge Life Insurance Co., No. 16-0139, C.D. Pa.; 2016 U.S. Dist. LEXIS 115324).

Mealey's Insurance - Judge Awards Insurer More Than $53,000 In Long-Term Disability Payments

WORCESTER, Mass. - Although a federal judge in Massachusetts expressed concerns with how an estimate of overpayment of long-term disability payments was reached and how "narrow a view" an instruction on remand was regarding allocation of permanent scarring benefits in a related personal injury settlement, the judge on Aug. 25 ruled that an insurer was entitled to recovery of $53,292.80 in benefit overpayment from its insured in an insurance breach of contract and bad faith lawsuit (Rachel C. Sugalski v. The Paul Revere Life Insurance Co., No. 14-40015, D. Mass.; 2016 U.S. Dist. LEXIS 113016).

Mealey's Labor & Employment - 11th Circuit Finds Seaman's Claims Against Royal Caribbean Must Be Arbitrated

ATLANTA - The 11th Circuit U.S. Court of Appeals on Aug. 22 found that a cruise line worker's claims related to an alleged injury while working on a vessel must be arbitrated under his employment contract and affirmed a decision granting the employer's motion to compel (Robert M. Alberts v. Royal Caribbean Cruises Ltd., No. 15-14775, 11th Cir.; 2016 U.S. App. LEXIS 15502).

Mealey's Litigation Procedure - 11th Circuit Finds Seaman's Claims Against Royal Caribbean Must Be Arbitrated

ATLANTA - The 11th Circuit U.S. Court of Appeals on Aug. 22 found that a cruise line worker's claims related to an alleged injury while working on a vessel must be arbitrated under his employment contract and affirmed a decision granting the employer's motion to compel (Robert M. Alberts v. Royal Caribbean Cruises Ltd., No. 15-14775, 11th Cir.; 2016 U.S. App. LEXIS 15502).

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 Insurance - Federal Judge: Fact Issues Exist As To Breach Of Contract, Bad Faith Claims

OKLAHOMA CITY - An Oklahoma federal judge on Aug. 16 found that a genuine dispute of material fact precludes summary judgment in favor of a homeowners insurer on insureds' claims for breach of contract and bad faith in a dispute over coverage for tornado damage, denying the insurer's motion for summary judgment in part (Nathaniel Neill, et al. v. State Farm Fire and Casualty Co., et al., No. 13-627, W.D. Okla.; 2016 U.S. Dist. LEXIS 108368).

Mealey's Insurance - Assigned Claims Were` Released By Assignors, Judge Says In Fiduciary Liability Suit

JACKSON, Miss. - A Mississippi federal judge held Aug. 16 that assigned claims against a fiduciary liability insurer were released by the assignors in a confidential settlement agreement and release, granting the insurer's motion to dismiss a breach of contract and bad faith lawsuit (Vincent Sealey v. Beazley Insurance Co. Inc., et al., No. 15-768, S.D. Miss.; 2016 U.S. Dist. LEXIS 108340).

Mealey's Litigation Procedure - 9th Circuit Affirms Dismissal Of NuBone California Class Action

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Aug. 16 affirmed dismissal of a NuBone bone putty class action complaint, saying the plaintiff failed to prove there was a contract between him and manufacturer Globus Medical Inc. and negligence per se is not a recognized independent claim under California law (Eugene A. DeBons, et al. v. Globus Medical, Inc., No. 14-56455, 9th Cir.; 2016 U.S. App. LEXIS 15057).

Mealey's PI/Product Liability - 9th Circuit Affirms Dismissal Of NuBone California Class Action

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Aug. 16 affirmed dismissal of a NuBone bone putty class action complaint, saying the plaintiff failed to prove there was a contract between him and manufacturer Globus Medical Inc. and negligence per se is not a recognized independent claim under California law (Eugene A. DeBons, et al. v. Globus Medical, Inc., No. 14-56455, 9th Cir.; 2016 U.S. App. LEXIS 15057).

Mealey's Insurance - Federal Judge Finds Personal Jurisdiction Over Insurance Defects Coverage Dispute

MOBILE, Ala. - An insured failed to demonstrate that an Alabama federal court does not have personal jurisdiction to hear a dispute regarding insurance coverage between the insured and its two insurers over construction defect claims, an Alabama federal judge ruled Aug. 12 (Crum & Forster Specialty Insurance Co., et al. v. ARD Contracting Inc., No. 16-0185, S.D. Ala.; 2016 U.S. Dist. LEXIS 106891).

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 Insurance - New Jersey Panel Allows Claims Related To Contamination That Predate Sale Of Company

TRENTON, N.J. - A company successor is entitled to allege claims for breach of contract and breach of the duty of good faith and fair dealing as long as those claims pertain to coverage for environmental contamination that predated the successor's acquisition of the insured's company, the Appellate Division of the New Jersey Superior Court said Aug. 4 (Haskell Properties LLC v. The American Insurance Co., et al., No. A-1452-14T2, N.J. Super., App. Div.; 2016 N.J. Super. Unpub. LEXIS 1836).

Mealey's PI/Product Liability - 8th Circuit Affirms Summary Judgment In Wrongful Death Suit

ST. LOUIS - An Eighth Circuit U.S. Court of Appeals panel on Aug. 5 affirmed summary judgment in a suit where a contractor was electrocuted after stepping out of a changing area on an oil rig because the companies responsible for hiring the supervisor were not liable for the supervisor's negligence because he was under contract (Margo Kronberg v. Oasis Petroleum North America LLC, et al., No. 15-1617, 8th Cir.; 2016 U.S. App. LEXIS 14384).

Mealey's Insurance - Bad Faith Claims Not Filed Within Statute Of Limitations, Judge Rules

WASHINGTON, D.C. - A federal judge in the District of Columbia on Aug, 4 granted an insurer's motion for judgment on the pleadings in an insurance breach of contract and bad faith lawsuit, ruling that the insureds' claims were filed after the mandatory two-year statute of limitations and were not subject to the discovery rule (Christopher Azoroh, et al. v. Automobile Insurance Co. of Hartford, Conn., No. 14-1695, D. D.C.; 2016 U.S. Dist. LEXIS 102141).

Mealey's Insurance - Insurer Had Reasonable Basis For Denial Of Life Insurance Benefits, Judge Rules

MILWAUKEE - A federal judge in Wisconsin on Aug. 3 granted an insurer's motion for partial judgment on the pleadings in an insurance breach of contract and bad faith lawsuit, ruling that the insurer had a reasonable basis for denying the insured's claim for life insurance benefits (Lowanda Smith v. United of Omaha Life Insurance, No. 15-1344, E.D. Wis.; 2016 U.S. Dist. LEXIS 101726).