LexisNexis® Legal Newsroom
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).

Mealey's Litigation Procedure - 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).

Mealey's Litigation Procedure - Investor Sues Emergency Room Operator Over Alleged Misrepresentations

TYLER, Texas - A shareholder filed a securities class action lawsuit on April 27 in Texas federal court, alleging that an operator of a network of free-standing emergency rooms and certain of its current and former executive officers and directors misrepresented the company's business condition in violation of federal securities laws (Sascha Troll v. Adeptus Health Inc., No. 17-0241, E.D. Texas).

Mealey's Securities/D&O Liability - Investor Sues Emergency Room Operator Over Alleged Misrepresentations

TYLER, Texas - A shareholder filed a securities class action lawsuit on April 27 in Texas federal court, alleging that an operator of a network of free-standing emergency rooms and certain of its current and former executive officers and directors misrepresented the company's business condition in violation of federal securities laws (Sascha Troll v. Adeptus Health Inc., No. 17-0241, E.D. Texas).

Mealey's Labor & Employment - 5th Circuit Denies Motion For Injunction Pending Appeal Of DOL Fiduciary Rule

NEW ORLEANS - With no comment, a Fifth Circuit U.S. Court of Appeals panel on April 5 denied an emergency motion filed by a consortium of eight national and Texas-based trade associations that sell annuities and other life insurance products for an injunction pending appeal of the U.S. Department of Labor's (DOL) new fiduciary duty rule (Chamber of Commerce of the USA, et al. v. United States Department of Labor, et al., No. 17-10238, 5th Cir.).

Mealey's Insurance - Federal Judge Rules In Flood Insurer's Favor In Superstorm Sandy Dispute

CAMDEN, N.J. - A New Jersey federal judge on March 31 granted a federal flood insurer's motion for summary judgment in a Superstorm Sandy coverage dispute, rejecting the insured's argument that bulletins from Federal Emergency Management Agency waived the proof-of-loss requirement and extended the time under which she could file her coverage lawsuit (Theresa Caivano v. Allstate Insurance Co., No. 15-5791, D. N.J., 2017 U.S. Dist. LEXIS 50490).

Mealey's Labor & Employment - Insurance Groups' Emergency Injunction Motion Over DOL Fiduciary Rule Denied

DALLAS - A Texas federal judge on March 20 denied a coalition of insurance associations' emergency motion for an injunction pending appeal of a ruling that the U.S. Department of Labor (DOL) has not exceeded its authority in formulating its new "fiduciary rule" and that the new rule does not violate the Employee Retirement Income Security Act, saying that the plaintiffs have not met their burden to satisfy four factors required to obtain an injunction pending appeal (Chamber of Commerce of the United States of America, et al. v. Edward Hugler, Acting Secretary of Labor, et al., No. 3:16-cv-1476, consolidated with 3:16-cv-1530, 3:16-cv-1537, N.D. Texas, 2017 U.S. Dist. LEXIS 39806).

Mealey's Labor & Employment - Insurance Associations File Emergency Injunction Motion Over DOL's Fiduciary Rule

DALLAS - A Texas federal judge on March 14 instructed a coalition of insurance associations opposed to the U.S. Department of Labor's (DOL) new "fiduciary rule" to file a supplemental brief to their emergency motion for an injunction pending appeal of a ruling that the DOL has not exceeded its authority in formulating the new rule and that the new rule does not violate the Employee Retirement Income Security Act (Chamber of Commerce of the United States of America, et al. v. Edward Hugler, Acting Secretary of Labor, et al., No. 3:16-cv-1476, consolidated with 3:16-cv-1530, 3:16-cv-1537, N.D. Texas).

Mealey's PI/Product Liability - Georgia Appellate Panel Affirms Summary Judgment Rulings In Negligence Suit

ATLANTA - A Georgia appellate panel on March 14 affirmed the grant of summary judgment to a hospital and the denial of summary judgment to the doctor in a case where a patient with mental health issues killed himself after being discharged from the hospital after finding that the trial court correctly excluded the plaintiffs' experts from opining on the standard of care applied to the emergency room nurses (Richard Bernard Everson, et al. v. Phoebe Sumter Medical Center Inc., No. A16A1709, Brian Jordan v. Richard Bernard Everson, et al., No. A16A1710, Ga. App., 3rd Div., 2017 Ga. App. LEXIS 128).

Mealey's Toxic Tort/Environmental - Groups: EPA Emergency Action Needed For Lead Contamination In East Chicago, Ind.

WASHINGTON, D.C. - A collection of community groups, the NAACP and the Natural Resources Defense Council (NRDC) on March 2 filed notice of petition with the U.S. Environmental Protection Agency seeking emergency action to abate "the imminent and substantial endangerment" to East Chicago, Ind., posed by lead contamination of drinking water.

Mealey's Litigation Procedure - New York Federal Judge Grants Immigrants' Emergency Motion For Stay Of Removal

NEW YORK - A New York federal judge on Jan. 28 granted an emergency motion for stay of removal filed by two immigrants seeking to represent themselves and a class of individuals with refugee applications, holders of valid visas and other individuals from seven countries who are legally authorized to enter the United States in response to an executive order issued by President Donald Trump one day earlier changing the way certain non-citizens may enter the United States and imposing a 120-day moratorium on the refugee resettlement program (Hameed Khalid Darweesh, et al. v. Donald Trump, et al., No. 17-480, E.D. N.Y.).

Mealey's Toxic Tort/Environmental - Lawmakers: State's Efforts To Block Flint Water Crisis Lawsuits Should Be Probed

WASHINGTON, D.C. - Five Michigan Democrats in the U.S. House of Representatives on Oct. 26 sent a letter to U.S. Attorney General Loretta Lynch asking her to investigate a series of concerns pertaining to lawsuits involving the lead-contaminated water crisis in Flint, Mich., including the way in which the State of Michigan is applying its emergency manager law (EML) to block the City of Flint from suing the state.

Mealey's Labor & Employment - EMTs Permitted To Proceed With 2 Employment Claims Despite Never Applying For Job

CHICAGO - Failing to apply for a job with a replacement subcontractor does not doom retaliation claims filed against that employer by two emergency medical technicians (EMTs) under Title VII of the Civil Rights Act of 1964 and the Illinois Human Rights Act (IHRA), the Seventh Circuit U.S. Court of Appeals ruled Oct. 19 (Shannon Volling, et al. v. Kurtz Paramedic Services, Inc., No. 15-3572, 7th Cir.; 2016 U.S. App. LEXIS 18816).

Mealey's PI/Product Liability - Johnson & Johnson Opposes Remand Of Suit Alleging Cancer Link To Baby Powder

ST. LOUIS - Johnson & Johnson on Sept. 20 filed an opposition response to a plaintiffs' emergency motion to remand a suit to Missouri state court, saying the removal of the suit in which the plaintiffs claim that there is a link between the company's baby powder and cancer was timely (Tiffany Hogans, et al. v. Johnson & Johnson, et al., No. 4:16-cv-01470-JCH, E.D. Mo.).

Mealey's PI/Product Liability - Judge Remands, Finds Reasonable Chance Of Recovery Against Nondiverse Defendant

NEW ORLEANS - The mere fact that a man and his co-workers cannot identify a company that allegedly supplied asbestos-containing products to their employer does not preclude recovery or justify finding the defendant improperly joined, a federal judge in Louisiana held Sept. 14 in granting emergency remand (William Gregory Bozeman v. Wyeth Holdings Corp., et al., No. 16-14606, E.D. La.; 2016 U.S. Dist. LEXIS 124713).

Mealey's Toxic Tort/Environmental - Judge Remands, Finds Reasonable Chance Of Recovery Against Nondiverse Defendant

NEW ORLEANS - The mere fact that a man and his co-workers cannot identify a company that allegedly supplied asbestos-containing products to their employer does not preclude recovery or justify finding the defendant improperly joined, a federal judge in Louisiana held Sept. 14 in granting emergency remand (William Gregory Bozeman v. Wyeth Holdings Corp., et al., No. 16-14606, E.D. La.; 2016 U.S. Dist. LEXIS 124713).

Mealey's IP/Tech - D.C. Circuit: Backpage.com CEO Must Comply With Senate Subcommittee Subpoena

WASHINGTON, D.C. - Three weeks after the CEO of online classifieds website operator Backpage.com LLC was granted an emergency stay from a trial court's order requiring him to comply with a U.S. Senate subcommittee's discovery subpoena related to an online sex trafficking investigation, a District of Columbia Circuit U.S. Court of Appeals panel majority on Sept. 2 dissolved the stay and affirmed the order requiring compliance (Senate Permanent Subcommittee on Investigations v. Carl Ferrer, No. 16-5232, D.C. Cir.).

Mealey's Litigation Procedure - D.C. Circuit: Backpage.com CEO Must Comply With Senate Subcommittee Subpoena

WASHINGTON, D.C. - Three weeks after the CEO of online classifieds website operator Backpage.com LLC was granted an emergency stay from a trial court's order requiring him to comply with a U.S. Senate subcommittee's discovery subpoena related to an online sex trafficking investigation, a District of Columbia Circuit U.S. Court of Appeals panel majority on Sept. 2 dissolved the stay and affirmed the order requiring compliance (Senate Permanent Subcommittee on Investigations v. Carl Ferrer, No. 16-5232, D.C. Cir.).

Mealey's Litigation Procedure - D.C. Circuit Stays Senate Subcommittee Subpoena On Backpage.com CEO

WASHINGTON, D.C. - The chief executive officer of online classifieds website operator Backpage.com LLC was granted temporary relief from a U.S. Senate subcommittee's discovery subpoena on Aug. 12 when a District of Columbia U.S. Circuit Court of Appeals panel granted his emergency motion to stay, which was filed the same day (Senate Permanent Subcommittee on Investigations v. Carl Ferrer, No. 16-5232, D.C. Cir.).

Mealey's IP/Tech - D.C. Circuit Stays Senate Subcommittee Subpoena On Backpage.com CEO

WASHINGTON, D.C. - The chief executive officer of online classifieds website operator Backpage.com LLC was granted temporary relief from a U.S. Senate subcommittee's discovery subpoena on Aug. 12 when a District of Columbia U.S. Circuit Court of Appeals panel granted his emergency motion to stay, which was filed the same day (Senate Permanent Subcommittee on Investigations v. Carl Ferrer, No. 16-5232, D.C. Cir.).

Mealey's Litigation Procedure - Virginia GOP Delegate Files Class Suit Over State Law

RICHMOND, Va. - A Virginia Republican Party delegate filed a class complaint on June 24 in a Virginia federal court, seeking emergency injunctive relief from Virginia law to allow him and other delegates, both Democrats and Republicans, to vote their consciences at the parties' July national conventions (Carroll Boston Correll, Jr., et al. v. Mark R. Herring, et al., No. 16-467, E.D. Va.).

Mealey's Insurance - 3rd Circuit Affirms Dismissal Of Claims In Hurricane Irene Flood Coverage Dispute

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on June 16 affirmed a lower federal court's ruling that dismissed an insured's breach of contract, fraud and misrepresentation claims against its federal flood insurer over its alleged personal property damage caused by Hurricane Irene (Psychiatric Solutions, Inc. v. Federal Emergency Management Agency, et al., No. 15-2923, 3rd Cir.; 2016 U.S. App. LEXIS 10894).

Mealey's Labor & Employment - Tennessee Appeals Court: ERISA Preempts Claims In Lawsuit Against Insurer

NASHVILLE, Tenn. - A Tennessee Court of Appeals panel on June 9 concluded that the Employee Retirement Income Security Act preempts state law causes of action based on implied-in-law contract in a suit brought by health care corporations to recover costs for emergency medical services to patients participating in Blue Cross BlueShield of Tennessee Inc.'s (BCBST) insurance plans (HCA Health Services of Tennessee Inc., et al. v. BlueCross BlueShield of Tennessee Inc., No. M2014-01869, Tenn. App.; 2016 Tenn. App. LEXIS 407).

Mealey's Toxic Tort/Environmental - EPA: Carbon Fiber Supplier To Pay $125,000 For Violating Notification Law

SEATTLE - A regional office of the U.S. Environmental Protection Agency announced May 5 that SGL Automotive Carbon Fibers LLC will pay $125,000 for violations of the Emergency Planning and Community Right To Know Act (EPCRA) stemming from the company's failure to alert a local emergency planning committee about its storage of nitrogen and ammonium bicarbonate and its releases of ammonia and hydrogen cyanide at its Moses Lake, Wash., manufacturing plant.