LexisNexis® Legal Newsroom
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 - In an unpublished May 5 opinion, a Minnesota appeals court affirmed a decision denying payment under Medicaid for a plaintiff's long-term care, saying that federal and state law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).

Mealey's Bankruptcy - Revstone Parties: Committee's Motion Should Be Denied; Discovery Not 'Relevant'

WILMINGTON, Del. - Bankrupt Revstone Industries LLC and its affiliate TPOP LLC on April 20 filed a brief objecting to the emergency motion of the Official Committee of Unsecured Creditors, contending that the thousands of emails that constitute the settlement communications between Revstone and the Pension Benefit Guaranty Corp. (PBGC) are not discoverable under Federal Rules of Evidence (In Re: Revstone Industries LLC, No. 12-13262, Chapter 11, D. Del. Bkcy.).

Mealey's Bankruptcy - Overseas Shipholding: $935M In Financing Needed To Emerge From Bankruptcy

WILMINGTON, Del. - Bankrupt Overseas Shipholding Group Inc. (OSG) on April 16 moved in the U.S. Bankruptcy Court for the District of Delaware for approval of $935 million in exit financing with Goldman Sachs Bank NA, which it says will allow the company to emerge "expeditiously" from Chapter 11 bankruptcy (In Re: Overseas Shipholding Group Inc., No. 12-20000, Chapter 11, D. Del. Bkcy.).

Mealey's PI/Product Liability - Texas Federal Judge Denies Motion To Pull Defective GM Vehicles Off The Road

CORPUS CHRISTI, Texas - A Texas federal judge on April 17 denied a couple's emergency motion 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 PI/Product Liability - Mass. Zohydro Ban Preempted By Federal Regulation; Preliminary Injunction Issued

BOSTON - Massachusetts' emergency ban on the prescribing of the opioid drug Zohydro ER is preempted by federal law, a federal judge ruled April 15 in granting manufacturer Zogenix Inc.'s motion for a preliminary injunction (Zogenix, Inc. v. Deval Patrick, et al., No. 14-689, D. Mass.).

Mealey's Insurance - Federal Judge: Fact Issue As To 4th Proof Of Loss Precludes Summary Judgment Ruling

NEW ORLEANS - There are factual disputes as to the existence, transmission, receipt and sufficiency of a fourth proof of loss seeking additional coverage for Hurricane Isaac damage, a Louisiana federal judge ruled April 14, denying a motion for summary judgment filed by the Federal Emergency Management Agency (FEMA) in an insured's breach of contract lawsuit (Ivory Burks v. State Farm Fire and Casualty Co., et al., No. 13-6490 SECTION "E", E.D. La.; 2014 U.S. Dist. LEXIS 51220).

Mealey's PI/Product Liability - Massachusetts Federal Judge Weighs Injunction Against State's Zohydro Drug Ban

BOSTON - A Massachusetts federal judge on April 14 deferred her ruling on a temporary restraining order (TRO) and temporary injunction against the state government's ban on the new hydrocodone drug Zohydro as part of a public health emergency (Zogenix, Inc. v. Deval Patrick, et al., No. 14-689, D. Mass.).

Mealey's Insurance - Insured Fails To File 3rd Proof Of Loss; Hurricane Isaac Suit Barred, Judge Rules

NEW ORLEANS - An insured's failure to submit a third proof of loss claiming any additional amounts owed for Hurricane Isaac damage prevents her from bringing a lawsuit against Federal Emergency Management Agency, a Louisiana federal judge ruled April 14 (Edna Barnes v. Allstate Insurance Co., et al., No. 13-5490 SECTION "E", E.D. La.; 2014 U.S. Dist. LEXIS 51218).

Mealey's PI/Product Liability - 9th Circuit Grants Injunction In Case Over Use Of Drugs For Abortion

SAN FRANCISCO - Noting that the issue was a matter of first impression in the circuit, the Ninth Circuit U.S. Court of Appeals on April 8 granted an emergency injunction pending appeal to halt the implementation of an Arizona law prohibiting the use of certain drugs to induce abortions (Planned Parenthood of Arizona Inc., et al. v. William Humble, director of the Arizona Department of Health Services, No. 14-15624, 9th Cir.).

Mealey's Health Law - 9th Circuit Grants Injunction In Case Over Use Of Drugs For Abortion

SAN FRANCISCO - Noting that the issue was a matter of first impression in the circuit, the Ninth Circuit U.S. Court of Appeals on April 8 granted an emergency injunction pending appeal to halt the implementation of an Arizona law prohibiting the use of certain drugs to induce abortions (Planned Parenthood of Arizona Inc., et al. v. William Humble, director of the Arizona Department of Health Services, No. 14-15624, 9th Cir.).

Mealey's PI/Product Liability - In Public Health Emergency, Mass. Bans Pain Drug Zohydro Pending Abuse Safeguards

BOSTON - As part of a newly declared public health emergency, Massachusetts on March 27 prohibited the prescribing and dispensing of the new opioid drug Zohydro ER until there are adequate measures to safeguard against diversion, overdose and misuse, according to a press release from Gov. Deval Patrick's office.

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).