LexisNexis® Legal Newsroom
Mealey's Toxic Tort/Environmental - House Passes California Emergency Drought Relief Bill

WASHINGTON, D.C. - The U.S. House of Representatives on Dec. 9 passed on a 230-182 vote the California Emergency Drought Relief Act of 2014, which would allow the release of water to customers of California's Central Valley Project (H.D. 5781).

Mealey's Litigation Procedure - Federal Judge Grants Injunction Barring FINRA Arbitration

NEW YORK - After finding that Luxembourg and Canadian corporations showed the necessary elements for a preliminary injunction, a New York federal judge on Dec. 1 granted their request to enjoin a partnership and a corporation from arbitrating a breach of contract dispute before the Financial Industry Regulatory Authority (FINRA) (Pictet Funds [Europe] S.A., et al. v. Emerging Managers Group L.P., et al., No. 14-cv-6854, S.D. N.Y.; 2014 U.S. Dist. LEXIS 166477).

Mealey's Toxic Tort/Environmental - New Jersey Panel Vacates Order Allowing Agency To Seize Control Of Landfill

NEWARK, N.J. - A New Jersey appellate panel on Nov. 13 vacated an emergency order entered by the New Jersey Department of Environmental Protection (NJDEP) allowing it to seize operations of a landfill due to its emissions of hydrogen sulfide, after finding that the agency first needed to obtain judicial approval under the Legacy Landfill Law (Strategic Environmental Partners LLC v. new Jersey Department of Environmental Protection, No. A-5283-12T3, N.J. Super., App. Div.; 2014 N.J. Super. LEXIS 152).

Mealey's Insurance - Panel: Subcontractor's Scope Of Work Was Not But-For Cause Of Flash Fire Injuries

NEW ORLEANS - An agreement between a contractor and a subcontractor did not obligate the subcontractor to test the liquid propane (LP) detector in Federal Emergency Management Agency trailers delivered and installed after hurricanes Katrina and Rita; therefore, neither the agreement nor any act or omission on the part of the subcontractor was a but-for cause of flash fire injuries, the Fifth Circuit U.S. Court of Appeals held Nov. 11 in an indemnification dispute between two insurers (Liberty Mutual Insurance Co. v. Westchester Fire Insurance Co., No. 13-30541, 5th Cir.).

Mealey's Labor & Employment - Massachusetts Federal Judge Denies Emergency Protective Order In Wage Class Suit

SPRINGFIELD, Mass. - A Massachusetts federal judge on Oct. 24 denied an emergency motion for a protective order in a wage-and-hour class complaint filed by grocery store team leaders who allege that they are owed overtime wages (Shelly J. Davine, et al. v. The Golub Corporation, et al., No. 14-30136, D. Mass.; 2014 U.S. Dist. LEXIS 151344).

Mealey's Health Law - Study Finds States With Expanded Medicaid Experiencing Bump In ER Volume

GREENWOOD VILLAGE, Colo. - States with expanded Medicaid under the Patient Protection and Affordable Care Act (ACA) saw a threefold increase in emergency-department visits over nonexpansion states in the second quarter of 2014, according to a Sept. 8 study.

Mealey's Insurance - Federal Judge: FEMA Expressly Limited Waiver To $13,888.51 Already Paid To Insureds

NEW ORLEANS - The Federal Emergency Management Agency expressly limited a waiver to the $13,888.51 that it paid to Louisiana insureds for their Hurricane Isaac loss, and the insureds failed to file a timely proof of loss for any additional amounts claimed, a Louisiana federal judge ruled Aug. 15, granting FEMA's motion for summary judgment (Shannon Villemarette, et al. v. Federal Emergency Management Agency, et al., No. 13-5400, SECTION: R(5), E.D. La.; 2014 U.S. Dist. LEXIS 113667).

Mealey's Insurance - Federal Judge Dismisses Hurricane Isaac Flood Coverage Suit Against Agents, FEMA

NEW ORLEANS - A Louisiana federal judge on Aug. 8 granted insurance agents' motion to dismiss insureds' negligent procurement and negligent misrepresentation claims in a coverage dispute arising from Hurricane Isaac, further dismissing the insureds' claim against Federal Emergency Management Agency for lack of subject matter jurisdiction (Michelle Lopez and Stephen Lopez III v. State Farm General Insurance Co., et al., No. 13-6029, E.D. La.; 2014 U.S. Dist. LEXIS 109803).

Mealey's Litigation Procedure - On Remand, Judge Strikes Aereo's Emergency Motion, Orders Briefing

NEW YORK - Just over a month after the U.S. Supreme Court deemed its Internet streaming and recording of network television programs to be infringing, a New York federal judge on Aug. 1 struck an emergency motion by Aereo Inc. regarding the handling of preliminary injunction issues on remand, stating that the defendant had "jumped the gun" in not awaiting court instructions (American Broadcasting Companies Inc., et al. v. Aereo Inc., No. 1:12-cv-01540 and 1:12-cv-01543, S.D. N.Y.).

Mealey's Insurance - Calif. Appeals Court: Health Care Provider Must Contract To Preserve Right Of Recovery

SACRAMENTO, Calif. - A California appeals court on July 29 held that a health care provider must actually contract for the right to preserve its right to recover its customary billing rates through a Hospital Lien Act (HLA) lien or it forfeits the right to recover the customary billing rate for emergency room services from third-party tortfeasors (Dameron Hospital Association v. AAA Northern California, et al., No. C070475, Calif. App., 3rd. Dist.; 2014 Cal. App. LEXIS 684).

Mealey's Health Law - Calif. Appeals Court: Health Care Provider Must Contract To Preserve Right Of Recovery

SACRAMENTO, Calif. - A California appeals court on July 29 held that a health care provider must actually contract for the right to preserve its right to recover its customary billing rates through a Hospital Lien Act (HLA) lien or it forfeits the right to recover the customary billing rate for emergency room services from third-party tortfeasors (Dameron Hospital Association v. AAA Northern California, et al., No. C070475, Calif. App., 3rd. Dist.; 2014 Cal. App. LEXIS 684).

Mealey's Insurance - Disputed Issues Preclude Summary Judgment Ruling In Flood Dispute, Judge Says

LITTLE ROCK, Ark. - Finding that there are disputed issues of material fact as to what loan documentation a federal flood insurer and the Federal Emergency Management Agency (FEMA) had to review, an Arkansas federal judge on July 8 denied motions for summary judgment in a coverage dispute over flood damage to a family-owned motel (M&K Restaurant LLC, et al. v. Farmers Insurance Co. Inc., et al., No. 4:12-cv-00783 KGB, E.D. Ark., Western Div.; 2014 U.S. Dist. LEXIS 92396).

Mealey's Insurance - HHS Urges Top Court Not To Grant Emergency Injunction During ACA Appeal

WASHINGTON, D.C. - The Supreme Court should deny a nonprofit Christian liberal arts college's request for an emergency injunction of the Patient Protection and Affordable Care Act (ACA) contraceptive mandate while it appeals an adverse ruling, the government said July 2 in its first post-Burwell v. Hobby Lobby Stores Inc. (573 U.S. ___ [2014]) filing (Wheaton College v. Sylvia Mathews Burwell, et al., No. 13A1284, U.S. Sup.).

Mealey's Health Law - HHS Urges Top Court Not To Grant Emergency Injunction During ACA Appeal

WASHINGTON, D.C. - The Supreme Court should deny a nonprofit Christian liberal arts college's request for an emergency injunction of the Patient Protection and Affordable Care Act (ACA) contraceptive mandate while it appeals an adverse ruling, the government said July 2 in its first post-Burwell v. Hobby Lobby Stores Inc. (573 U.S. ___ [2014]) filing (Wheaton College v. Sylvia Mathews Burwell, et al., No. 13A1284, U.S. Sup.).

Mealey's Antitrust/Unfair Competition - Hospital System Granted Stay Of Unwinding Of Acquisition Of Physician Group

BOISE, Idaho - A federal judge in Idaho on June 25 granted a stay of the divestiture of a consummated merger between Idaho's largest health system and the state's largest independent, multispecialty physician group pending the Ninth Circuit U.S. Court of Appeal's ruling on the emergency motion for stay (Saint Alphonsus Medical Center - Nampa, Inc., et al. v. St. Luke's Health System, Ltd., No. 12-560, D. Idaho; Federal Trade Commission, et al. v. St. Luke's Health System, Ltd., et al., No. 13-116, D. Idaho).

Mealey's Antitrust/Unfair Competition - 9th Circuit Rejects NCAA's Plea To Delay Antitrust Bench Trial

SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on June 5 denied an emergency petition filed by the National Collegiate Athletic Association seeking to delay the bench trial on student athletes' antitrust claims, scheduled to start June 9, until after a jury trial on student athletes' right-of-publicity claims occurs (In re: National Collegiate Athletic Association, National Collegiate Athletic Association v. United States District Court for the Northern District of California, Oakland, No. 14-71522, 9th Cir.).

Mealey's Insurance - Judge Denies Insurers' Emergency Motions In Defects Coverage Dispute

LAS VEGAS - A Nevada federal judge on June 4 denied emergency motions for leave to file excess pages and motion to strike an affidavit filed by insurers in a coverage dispute with another insurer regarding an underlying construction defect action against a mutual insured (United National Insurance Co. v. Assurance Company of America and Maryland Casualty Co., No. 10-01086, D. Nev.; 2014 U.S. Dist. LEXIS 77499).

Mealey's Litigation Procedure - 9th Circuit Rejects NCAA's Plea To Delay Antitrust Bench Trial

SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on June 5 denied an emergency petition filed by the National Collegiate Athletic Association seeking to delay the bench trial on student athletes' antitrust claims, scheduled to start June 9, until after a jury trial on student athletes' right-of-publicity claims occurs (In re: National Collegiate Athletic Association, National Collegiate Athletic Association v. United States District Court for the Northern District of California, Oakland, No. 14-71522, 9th Cir.).

Mealey's Bankruptcy - Sbarro Emerges From Chapter 11 Bankruptcy As Reorganization Plan Becomes Effective

NEW YORK - Bankruptcy pizzeria chain Sbarro LLC on June 2 filed its official notice disclosing to all creditors that its Chapter 11 bankruptcy plan was effective as per the decision by the federal bankruptcy judge in the U.S. Bankruptcy Court for the Southern District of New York, who approved the reorganization plan on May 19 (In Re: Sbarro LLC, No. 14-10557, Chapter 11, S.D. N.Y. Bkcy.).

Mealey's Bankruptcy - Michigan House Passes Bill Creating Commission For Cities In Financial Crisis

LANSING, Mich. - The Michigan House of Representatives on May 22 passed the Michigan Financial Review Commission Act (MFRCA) by a vote of 103-7, establishing a commission within the Michigan Department of Treasury to assist cities facing financial emergencies. The measure awaits action in the Michigan Senate.

Mealey's Labor & Employment - Magistrate Judge: Parties Should Share Costs Of Electronic Discovery

HARRISBURG, Pa. - A federal judge in Pennsylvania overseeing a wrongful termination and retaliation suit on May 20 ordered the parties to share the costs of a forensic examination of the plaintiff's computer and denied in part the plaintiff's motion to bar his former employer from serving subpoenas on prospective employers, ruling that the information was relevant to the mitigation of damages (Richard F. Zeller v. South Central Emergency Medical Services Inc., et al., No. 13-CV-2584, M.D. Pa.; 2014 U.S. Dist. LEXIS 68940).

Mealey's Litigation Procedure - Magistrate Judge: Parties Should Share Costs Of Electronic Discovery

HARRISBURG, Pa. - A federal judge in Pennsylvania overseeing a wrongful termination and retaliation suit on May 20 ordered the parties to share the costs of a forensic examination of the plaintiff's computer and denied in part the plaintiff's motion to bar his former employer from serving subpoenas on prospective employers, ruling that the information was relevant to the mitigation of damages (Richard F. Zeller v. South Central Emergency Medical Services Inc., et al., No. 13-CV-2584, M.D. Pa.; 2014 U.S. Dist. LEXIS 68940).

Mealey's Bankruptcy - Indenture Trustee Of $2.15B In Lien Notes Seeks Order Extending Deadline

WILMINGTON, Del. - The indenture trustee for $2,156,000,000 in what are called second lien notes issued by bankrupt Energy Future Intermediate Holdings Co. LLC (EFIH) on May 14 moved in the U.S. Bankruptcy Court for the District of Delaware for an emergency ruling by the Bankruptcy Court (In Re: Energy Future Holdings Corp., No. 14-10979, Chapter 11, D. Del. Bkcy.).

Mealey's Health Law - Minnesota Appeals Court Affirms Denial Of Long-Term Care Coverage

ST. PAUL, Minn. - In an unpublished May 5 opinion, a Minnesota appeals court affirmed a decision denying payment under Medicaid for a plaintiff's long-term care, saying that federal and state law provided coverage only for emergency medical conditions for unqualified "aliens" (Sekou Bamba v. Minnesota Department of Human Services, et al., No. A13-1717, Minn. App.; 2014 Minn. App. Unpub. LEXIS 423).

Mealey's Insurance - Federal Judge Grants Partial Dismissal In Hurricane Isaac Coverage Dispute

NEW ORLEANS - A Louisiana federal judge on April 25 granted a motion by the Department of Homeland Security and Federal Emergency Management Agency seeking to dismiss an insured's claims for declaratory relief on extracontractual damages in a Hurricane Isaac coverage dispute (Pearl Gloston v. Department Of Homeland Security, et al., No. 13-6471 SECTION "F," E.D. La.; 2014 U.S. Dist. LEXIS 57940).