LexisNexis® Legal Newsroom
    Mealey's IP/Tech - No Coverage For Negligence Claims Against Spa, Pennsylvania Superior Court Rules

    HARRISBURG, Pa. - Although the Pennsylvania Superior Court on May 24 disagreed with a lower court's ruling that a criminal acts policy exclusion bars coverage for an underlying suit alleging that an insured was negligent in failing to ensure the safety of its tanning customers and in failing to secure the premises from a third party's misconduct, it determined that the underlying claims for negligent operation of a business fail to trigger coverage on their own (Penn-America Insurance Co. v. Toni Tomei, et al., No. 480 WDA 2015, Pa. Super.; 2016 Pa. Super. Unpub. LEXIS 1859).

    Mealey's PI/Product Liability - Georgia Federal Judge Bars Some Evidence In Motor Vehicle Accident Lawsuit

    ATLANTA - A Georgia federal judge on May 26 granted in part and denied in part various motions to exclude evidence on medical expenses, insurance coverage and traffic citations in a motor vehicle accident lawsuit (Fedon Mavromatis and Elisabeth Mavromatis v. Duncan Scott Murphy, No. 14-3469, N.D. Ga.; 2016 U.S. Dist. LEXIS 68988).

    Mealey's PI/Product Liability - Judge Won't Upset Award Of Punitive Damages; Widow Opposes Stay Of Judgment

    PHOENIX - A widow tells an Arizona federal judge in a May 24 filing that her promise not to seek enforcement during post-trial motions rendered it unnecessary to stay judgment arising from a $17 million asbestos verdict. The judge previously denied judgment as a matter of law on issues ranging from the sophisticated user doctrine to punitive damages (Sandra Brown Coulbourn v. Air & Liquid Systems Corporation, et al., No. 12-8141, D. Ariz.).

    Mealey's IP/Tech - Federal Judge Finds UCL Claim Is Preempted By Copyright Act

    SANTA ANA, Calif. - A California federal judge on May 25 found that a claim for violation of California's unfair competition law (UCL) and copyright infringement asserted by a meditation center business and its owners should be dismissed, finding that the UCL claim was preempted by copyright law and that the plaintiffs failed to allege substantial similarity in relation to the copyrighted works (Divine Dharma Meditation Int'l Inc., et al. v. Institute of Latent Energy Studies, No. 16-226, C.D. Calif.; 2016 U.S. Dist. LEXIS 68890).

    Mealey's Insurance - Judge Sentences Doctor, Drug Dealer Over Fraudulent Painkiller Prescriptions

    WILLIAMSPORT, Pa. - A federal judge in Pennsylvania on May 25 sentenced a doctor and drug dealer to terms in prison for their roles in a scheme involving prescriptions for oxycodone that were fraudulently billed to Medicare and distributed (United States of America v. John Terry, et al., No. 14cr207, M.D. Pa.).

    Mealey's Toxic Tort/Environmental - Judge Won't Upset Award Of Punitive Damages; Widow Opposes Stay Of Judgment

    PHOENIX - A widow tells an Arizona federal judge in a May 24 filing that her promise not to seek enforcement during post-trial motions rendered it unnecessary to stay judgment arising from a $17 million asbestos verdict. The judge previously denied judgment as a matter of law on issues ranging from the sophisticated user doctrine to punitive damages (Sandra Brown Coulbourn v. Air & Liquid Systems Corporation, et al., No. 12-8141, D. Ariz.).

    Mealey's Antitrust/Unfair Competition - Federal Judge Finds UCL Claim Is Preempted By Copyright Act

    SANTA ANA, Calif. - A California federal judge on May 25 found that a claim for violation of California's unfair competition law (UCL) and copyright infringement asserted by a meditation center business and its owners should be dismissed, finding that the UCL claim was preempted by copyright law and that the plaintiffs failed to allege substantial similarity in relation to the copyrighted works (Divine Dharma Meditation Int'l Inc., et al. v. Institute of Latent Energy Studies, No. 16-226, C.D. Calif.; 2016 U.S. Dist. LEXIS 68890).

    Mealey's Insurance - Judge Declines To Exclude Expert Report In Insurers' Defense Of Bond Payment

    WASHINGTON, D.C. - A District of Columbia federal judge on May 25 refused to strike an expert report regarding completion-related construction costs that was filed in support of insurers' defense that a subcontractor's request for payment under a bond should be reduced by earlier made payments (Paige International, Inc. v. XL Specialty Insurance Co., et al., No. 14-1244, D. D.C.; 2016 U.S. Dist. LEXIS 68363).

    Mealey's IP/Tech - New Jersey Federal Judge Dismisses Patent Dispute Over Lysteda

    TRENTON, N.J. - A patent infringement action involving an abbreviated new drug application (ANDA) covering generic tranexamic acid tablets was dismissed May 26 by a New Jersey federal judge (Ferring B.V. v. Watson Laboratories Inc., et al., No. 15-4222, D. N.J.; 2016 U.S. Dist. LEXIS 69328).

    Mealey's PI/Product Liability - NCAA Concussion Settlement Objector Says Preliminary Approval Goes Too Far

    CHICAGO - The lead objector to the settlement between a class of former college athletes and the National Collegiate Athletic Association (NCAA) on May 24 told the NCAA concussion multidistrict litigation judge that a joint motion filed by the NCAA and settling plaintiffs goes too far by asking the court to approve the release of all personal injury claims resulting from participation in a "single NCAA-sanctioned sport at a single-NCAA member school" (In Re: National Collegiate Athletic Association Student-Athlete Concussion Injury Litigation, MDL No. 2492, N.D. Ill.).

    Mealey's Litigation Procedure - Georgia Federal Judge Bars Some Evidence In Motor Vehicle Accident Lawsuit

    ATLANTA - A Georgia federal judge on May 26 granted in part and denied in part various motions to exclude evidence on medical expenses, insurance coverage and traffic citations in a motor vehicle accident lawsuit (Fedon Mavromatis and Elisabeth Mavromatis v. Duncan Scott Murphy, No. 14-3469, N.D. Ga.; 2016 U.S. Dist. LEXIS 68988).

    Mealey's Litigation Procedure - Appeals Panel Finds No Error In Admission Of Identity Testimony In Child Porn Case

    ATLANTA - A trial court did not err in admitting identification testimony of an investigating officer based solely on his observations of photographs and webcam videos that were unavailable to a jury, a Georgia appeals panel ruled May 26, affirming convictions for three counts of computer or electronic pornography and child exploitation (Phillip Patch v. The State, No. A16A0524, Ga. App., 5th Div.; 2016 Ga. App. LEXIS 302).

    Mealey's Insurance - No Coverage For Negligence Claims Against Spa, Pennsylvania Superior Court Rules

    HARRISBURG, Pa. - Although the Pennsylvania Superior Court on May 24 disagreed with a lower court's ruling that a criminal acts policy exclusion bars coverage for an underlying suit alleging that an insured was negligent in failing to ensure the safety of its tanning customers and in failing to secure the premises from a third party's misconduct, it determined that the underlying claims for negligent operation of a business fail to trigger coverage on their own (Penn-America Insurance Co. v. Toni Tomei, et al., No. 480 WDA 2015, Pa. Super.; 2016 Pa. Super. Unpub. LEXIS 1859).

    Mealey's Toxic Tort/Environmental - Judge Stays Kentucky AG's Suit Against Volkswagen Pending Panel's Decision

    FRANKFORT, Ky. - A federal judge in Kentucky on May 25 granted Volkswagen Group of America's motion to stay a lawsuit brought by the Attorney General of Kentucky over the car maker's alleged installation of a device designed to defeat emissions tests, ruling that the case should not proceed until the Judicial Panel on Multidistrict Litigation (JPMDL) decides on whether it should be transferred to the U.S. District Court for the Northern District of California (Andy Beshear, Attorney General, ex rel. Commonwealth of Kentucky v. Volkswagen Group of America, et al., No. 16-cv-27-GFVT, E.D. Ky.; 2016 U.S. Dist. LEXIS 68543).

    Mealey's IP/Tech - 9th Circuit Affirms Injunction, Denial Of Fees In Trademark Case

    SAN FRANCISCO - Finding no abuse of discretion, the Ninth Circuit U.S. Court of Appeals on May 24 affirmed the terms of a trademark injunction entered by a California federal judge (SunEarth Inc. v. Sun Earth Solar Power Co., et al., No. 13-17622, 9th Cir.; 2016 U.S. App. LEXIS 9682).

    Mealey's PI/Product Liability - California Jury Awards $13.9 Million To Car-Struck Pedestrian

    LOS ANGELES - A California jury on May 25 found Los Angeles County and a deputy public defender liable for a 2013 car crash and awarded the man he ran into more than $13 million in compensatory damages (Jake Newland v. County of Los Angeles, et al., No. BC514945, Calif. Super. Los Angeles Co.).

    Mealey's Labor & Employment - 7th Circuit Reinstates Fired Deputy Sheriff's Political Speech Claim

    CHICAGO - The Seventh Circuit U.S. Court of Appeals on May 24 vacated a trial court's dismissal of a First Amendment to the U.S. Constitution claim by a former deputy sheriff who claims that he was terminated because of his political affiliation, finding that the plaintiff demonstrated a genuine issue of material fact on the sheriff's intent in firing him (Steven Yahnke v. Kane County, Illinois, et al., No. 15-2162, 7th Cir.; 2016 U.S. App. LEXIS 9517).

    Mealey's IP/Tech - Jury Finds Google's Use Of Copyrighted Java Technology Was Fair Use

    SAN FRANCISCO - On the fourth day of deliberations in the second copyright trial over Java-related technology between Oracle America Inc. and Google Inc., a California federal jury on May 26 found that Google's use of Java structure, sequence and organization (SSO) in its Android operating system constituted fair use under the Copyright Act (Oracle America Inc. v. Google Inc., No. 3:10-cv-03561, N.D. Calif.).

    Mealey's Litigation Procedure - Judge: Investor Failed To Plead Elements Of Securities Law Claims

    NEW YORK - Dismissal of claims against an independent auditor in a securities class action lawsuit is proper, a federal judge in New York ruled May 24, because the lead plaintiff in the action failed to plead a material misrepresentation, falsity or scienter in making his federal securities law claims (In re Poseidon Concepts Securities Litigation, No. 13-1213, S.D. N.Y.; 2016 U.S. Dist. LEXIS 68127).

    Mealey's Litigation Procedure - Judge: Lead Plaintiff In Securities Class Action Failed To Plead Materiality

    NEW YORK - Dismissal of a securities class action lawsuit is proper because the lead plaintiff in the action failed to plead materiality or show that an online retailer had a duty to disclose that Overstock.com was a direct competitor in offering documents for the retailer's initial public offering (IPO) in making his federal securities law claims, a federal judge in New York ruled May 24 (Gerald Dingee, et al. v. Wayfair Inc., et al., No. 15-6941, S.D. N.Y.; 2016 U.S. Dist. LEXIS 68322).

    Mealey's PI/Product Liability - Greyhound Must Produce Claims Administrator's Documents In Bus Accident Lawsuit

    HARRISBURG, Pa. - A Pennsylvania appeals panel on May 24 affirmed a trial court's series of orders requiring Greyhound Lines Inc. to comply with discovery requests for documents comprising communications with its third-party claims administrator, with the panel finding that the bus line failed to establish that the documents were protected by the attorney-client or work product privileges (Faithlee Brown, et al. v. Greyhound Lines Inc., et al., No. 1167 EDA 2015, Pa. Super.; 2016 Pa. Super. LEXIS 288).

    Mealey's Litigation Procedure - 8th Circuit: Exclusion Of Evidence Did Not Prejudice Insured's Hail Coverage Suit

    ST. LOUIS - The exclusion of certain portions of an insured's expert's report did not unfairly prejudice the insured in his lawsuit against his insurer for hail storm damages, the Eighth Circuit U.S. Court of Appeals ruled May 25 (Maria Amplatz v. Country Mutual Insurance Co., No. 15-2645, 8th Cir.; 2016 U.S. App. LEXIS 9540).

    Mealey's Banking & Finance - Federal Judge Remands Claims Against Lenders, Finds Lack Of Jurisdiction

    LOS ANGELES - A California federal judge on May 24 granted a property owner's motion to remand his claims for quiet title and other claims to state court, finding that various lenders failed to show that the court had jurisdiction (Shetty v. The Bank of New York Mellon, et al., No. 16-02375, C.D. Calif.; 2016 U.S. Dist. LEXIS 68191).

    Mealey's Insurance - Reinsurer Says Court Erred In Opinion That Reinsurer Must Post Security

    NEW HAVEN, Conn. - A reinsurer told a federal court in Connecticut on May 24 that the court erred in its ruling interpreting Connecticut's prepleading security statute (Select Insurance Company v. Excalibur Reinsurance Corporation, f/k/a PMA Capital Insurance Company, No. 15-cv-00715, D. Conn.).

    Mealey's Toxic Tort/Environmental - Judge: Widow Lacks Evidence Of Boilermaker's Prewarning Asbestos Exposure

    SAN DIEGO - A co-worker's vague recollection that boilers originated with a specific manufacturer falls short of demonstrating asbestos exposure from its products, a California federal judge held May 24 (Gail Elizabeth Walashek, et al. v. Air & Liquid Systems Corp., et al., No. 14-1567, S.D. Calif.; 2016 U.S. Dist. LEXIS 55013).