LexisNexis® Legal Newsroom
    Mealey's Litigation Procedure - Servers' Class Suit Over Nontipped Work, Credit Card Fees Is Dismissed

    CINCINNATI - An Ohio federal judge on June 21 dismissed a class complaint accusing a seafood and steakhouse of failing to properly compensate its workers for nontipped duties performed before and after closing and improperly deducting transaction fees from tips paid via credit cards (Chelsey Craig, et al. v. Landry's, Inc., et al., No. 16-277, S.D. Ohio; 2016 U.S. Dist. LEXIS 80489).

    Mealey's PI/Product Liability - Insurance Company Asks Court To Limit Records Sought By NHL Players

    MINNEAPOLIS - A workers' compensation insurer for teams in the National Hockey League (NHL) in a June 21 brief asked the judge overseeing the NHL concussion multidistrict litigation to issue an order limiting further production of independent medical examinations (IMEs) to those it already secured for the former players in the MDL (In re: National Hockey League Players Concussion Injury Litigation, MDL No. 14-2551, D. Minn.).

    Mealey's Insurance - Judge: Insurer Did Not Act In Bad Faith In Failing To Defend Insureds

    SEATTLE - A federal judge in Washington on June 21 substantially dismissed claims brought by insureds in an insurance breach of contract and bad faith lawsuit, ruling that an insurer had no duty to defend the insureds in an underlying insurance dispute (Brian K. Keeley, et al. v. The Travelers Home and Marine Insurance Co., No. 16-0422, W.D. Wash.; 2016 U.S. Dist. LEXIS 80798).

    Mealey's Insurance - Judge: Defendant Failed To Show That Insurer Acted In Bad Faith

    HARRISBURG, Pa. - Dismissal of an insurance bad faith claim is proper, a federal judge in Pennsylvania ruled June 22, because the executrix of an estate has failed to show that an insurer acted in bad faith in denying her claim to benefits under a life insurance policy (MONY Life Insurance Co. v. Carol Snyder, f/k/a Carol Eckert, and Pamela Eckert, No. 15-2109, M.D. Pa.; 2016 U.S. Dist. LEXIS 34371).

    Mealey's Insurance - Policies Triggered By Bodily Injuries Caused By Asbestos Exposure, California Panel Says

    LOS ANGELES - A trial court did not err in finding that excess policies provide occurrence-based coverage for asbestos-related losses, the Second District California Court of Appeal said June 22 in affirming that the policies were not triggered by the exposure to the asbestos, but the bodily injuries caused by the exposure (Goulds Pumps Inc. v. Travelers Casualty and Surety Co., No. B255439, Calif. App., 2nd Dist., Div. 5).

    Mealey's Litigation Procedure - Indiana Appeals Panel: Cleaning Franchisor Didn't Aid, Abet Franchise Fraud

    INDIANAPOLIS - An Indiana appeals panel on June 21 affirmed a trial judge's ruling that a cleaning franchisor did not aid and abet franchise fraud and commit civil deception, as a class of franchisees alleged (Nidia Martinez, et al. v. Stratus Franchising LLC, et al., Ind. App.; 2016 Ind. App. Unpub. LEXIS 705).

    Mealey's PI/Product Liability - Texas Federal Judge Partially Grants, Denies Dismissal In Car Rollover Suit

    SAN DIEGO - A federal judge in Texas on June 22 partially granted and partially denied two separate motions to dismiss from General Motors LLC and U-Haul International Inc. in a suit in which the surviving family members of a woman and her younger brother alleged that design defects in a car and a trailer caused their car to roll over, which led to their deaths (Maria Barragan, et al v. General Motors LLC, et al., No. SA-15-CV-854-DAE, W.D. Texas; 2016 U.S. Dist. LEXIS 80984).

    Mealey's Toxic Tort/Environmental - Court Affirms Exclusion Of Causation Expert, Judgment In Asbestos-Lung Cancer Case

    NEW ORLEANS - A trial judge properly excluded expert testimony, agreeing that the partial deposition testimony he saw provided an insufficient ground on which to opine about the link between a man's asbestos exposure and his fatal lung cancer, and without that testimony, summary judgment was appropriate, a Louisiana appeals court held June 22 (Dwayne Boudreaux, et al. v. Bollinger Shipyard, et al., No. 2015-CA-1345, Gerilyn Cook, et al. v. Bollinger Shipyard, et al., No. 2015-C-0958, La. App., 4th Cir.; 2016 La. App. LEXIS 1229).

    Mealey's Toxic Tort/Environmental - Yuengling Brewery To Pay $9.8M For Clean Water Act Violations

    HARRISBURG, Pa. - D.G. Yuengling & Son Inc. on June 23 agreed to pay a $2.8 million penalty and invest $7 million to improve environmental measures at its brewery operations to resolve allegations that the brewery violated the Clean Water Act (CWA) at two of its facilities near Pottsville, Pa. (United Sates of America .v D.G. Yuengling and Son Inc., No. 16-cv-1252, M.D. Pa.).

    Mealey's Litigation Procedure - Microsoft: High Court RICO Ruling Supports Vacating Subpoena For Irish Emails

    NEW YORK - In a notice of supplemental authority letter filed June 21 in the Second Circuit U.S. Court of Appeals, Microsoft Corp. says that the U.S. Supreme Court's recent ruling in RJR Nabisco Inc. v. European Community (No. 15-138, 2016 U.S. LEXIS 3925 [U.S., June 20, 2016]), which pertained to the extraterritorial application of the Racketeer Influenced and Corrupt Organizations (RICO) Act, supports Microsoft's position that it cannot be subpoenaed to supply email contents that are located extraterritorially (In the Matter of a Warrant to Search a Certain E-Mail Account Controlled and Maintained by Microsoft Corp.[Microsoft v. United States], No. 14-2985, 2nd Cir.).

    Mealey's Labor & Employment - Colorado Federal Judge Certifies Class In Action Alleging Breach Of Duty

    DENVER - A Colorado federal judge on June 22 granted a motion for class certification and denied a defense motion to exclude expert testimony in a case alleging that Great-West Life & Annuity Insurance Co. breached its fiduciary duties under the Employee Retirement Income Security Act (John Teets v. Great-West Life & Annuity Insurance Co., No. 14-02330, D. Colo.).

    Mealey's Toxic Tort/Environmental - New York Village, Company Settle PCE Contamination Lawsuit For $10 Million

    CENTRAL ISLIP, N.Y. - The Incorporated Village of Garden City, N.Y., and a clothing company on June 22 reached an agreement under which the company agreed to pay the village $10 million for costs associated with remediating groundwater contamination caused by the company's fabric-cutting plant (Incorporated Village of Garden City v. Genesco Inc., No. 07-5244, E.D. N.Y.).

    Mealey's PI/Product Liability - Warning Claims Based On FDA Reporting Requirements Are Not Preempted, Judge Says

    CHICAGO - An Illinois federal judge said June 23 that there is no express or implied federal preemption of a claim that Smith & Nephew Inc. violated the reporting requirements for its Birmingham metal-on-metal hip prosthesis (Terence Laverty, et al. v. Smith & Nephew, Inc., No. 15-9485, N.D. Ill., Eastern Div.; 2016 U.S. Dist. LEXIS 81789).

    Mealey's PI/Product Liability - Abbott, AbbVie Must Produce Adverse Event Reports For AndroGel Testosterone

    CHICAGO - The Illinois federal judge overseeing the testosterone multidistrict litigation on June 22 granted a plaintiffs' motion compelling defendants Abbott Laboratories and AbbVie Inc. to produce full drug safety and investigation files for 269 adverse events reported to the Food and Drug Administration concerning AndroGel (In Re: Testosterone Replacement Therapy Products Liability Litigation, MDL Docket No. 2545, No. 14-1748, N.D. Ill., Eastern Div.).

    Mealey's Toxic Tort/Environmental - California Top Court Rejects Component Parts Doctrine In Materials Suppliers' Case

    SAN FRANCISCO - The component parts doctrine does not insulate materials suppliers from liability for injuries arising from the intended use of those materials where the products were not incorporated into a different or finished product, the California Supreme Court affirmed June 23 (Flavio Ramos, et al. v. Brenntag Specialties Inc., et al., No. S218176, Calif. Sup.).

    Mealey's Insurance - 11th Circuit: Clinics Can Be Liable For Director's Failure To Review Bills

    ATLANTA - An 11th Circuit U.S. Court of Appeals panel on June 23 affirmed a jury's verdict finding that three clinics can be ordered to pay Allstate Insurance Co., Allstate Indemnity Co., Allstate Property & Casualty Insurance Co. and Allstate Vehicle & Property Insurance Co. (collectively Allstate) for unjust enrichment, holding that the clinics can be found liable for violating Florida's Health Care Clinic Act for the medical director's failure to systematically review bills (Allstate Insurance Company, et al. v. Sara C. Vizcay, M.D., et al., No. 14-13947, 11th Cir.; 2016 U.S. App. LEXIS 11479).

    Mealey's Litigation Procedure - Florida Federal Judge OKs Preliminary Settlement Of Harvoni Drug Coverage Suit

    FORT PIERCE, Fla. - A Florida federal judge on June 21 approved an unopposed motion for preliminary approval of a settlement worth at least $126 million in an Employee Retirement Income Security Act class action against Blue Cross and Blue Shield of Florida Inc. on behalf of patients denied coverage for the prescription drug Harvoni (Eugene Oakes, et al. v. Blue Cross and Blue Shield of Florida Inc., No. 16-80028, SD. Fla.).

    Mealey's PI/Product Liability - 3rd Circuit Won't Rehear Asbestos-Tainted Railway Car Preemption Case

    PHILADELPHIA - The Third Circuit U.S. Court of Appeals on June 22 declined to rehear a panel ruling that federal regulations governing locomotives did not preempt asbestos claims arising from passenger cars (Peggy R. Hassell, et al. v. Resco Holdings LLC; and ACF Industries LLC, and Thyssenkrupp Budd Co., No. 14-1715, 14-1804, 3rd Cir.).

    Mealey's Litigation Procedure - 9th Circuit Orders Briefing In Remanded Fair Credit Reporting Act Suit

    PASADENA, Calif. - A month after the U.S. Supreme Court remanded a putative class action against an online data aggregator under the Fair Credit Reporting Act (FCRA), a Ninth Circuit U.S. Court of Appeals panel directed the parties to submit briefs on whether the claims in the case meet the "concreteness" requirement to establish standing under Article III of the U.S. Constitution, which the high court said the panel did not properly weigh in its previous ruling (Thomas Robins v. Spokeo Inc., No11-56843, 9th Cir.).

    Mealey's Labor & Employment - Motion For Class Certification Denied In Servers' Tip-Skimming Suit

    CLEVELAND - An Ohio federal judge on June 20 denied a motion for class certification in a suit brought by servers who allege their employer failed to turn over to them the full amount of tips left by banquet customers, finding that the plaintiffs failed to provide an adequate class definition or meet the numerosity, commonality and predominance requirements (Carol Carter, et al. v. PJS of Parma, Inc., et al., No. 15-1545, N.D. Ohio; 2016 U.S. Dist. LEXIS 79747).

    Mealey's PI/Product Liability - Illinois Court Differentiates Harm From Injury In Asbestos Tape Case

    SPRINGFIELD, Ill. - A man may suffer harm in the form of pleural plaques without a resulting symptomatic injury on which a suit could be based under the Restatement (Second) of Torts, a divided Illinois appeals court held June 20 in reversing a verdict (Joseph Sondag and Phyllis Sondag v. Pneumo Abex Corp., et al., No. 4-14-0918, Ill. App., 4th Dist.; 2016 Ill. App. LEXIS 380).

    Mealey's Insurance - Indiana Federal Judge Says Additional Briefing Needed To Decide Standard Of Review

    INDIANAPOLIS - An Indiana federal judge on June 20 directed the parties in a disability benefits suit to file additional briefing to address how a recent decision by the Second Circuit U.S. Court of Appeals applies to a determination of the applicable standard of review (Donald Fessenden v. Reliance Standard Life Insurance Co., et al., No. 15-370, N.D. Ind.; 2016 U.S. Dist. LEXIS 79690).

    Mealey's Litigation Procedure - Motion For Class Certification Denied In Servers' Tip-Skimming Suit

    CLEVELAND - An Ohio federal judge on June 20 denied a motion for class certification in a suit brought by servers who allege their employer failed to turn over to them the full amount of tips left by banquet customers, finding that the plaintiffs failed to provide an adequate class definition or meet the numerosity, commonality and predominance requirements (Carol Carter, et al. v. PJS of Parma, Inc., et al., No. 15-1545, N.D. Ohio; 2016 U.S. Dist. LEXIS 79747).

    Mealey's Insurance - Judge Refuses To Apply Notice-Prejudice Rule In Directors, Officers Coverage Suit

    PADUCAH, Ky. - A Kentucky senior federal judge on June 20 predicted that the Kentucky Supreme Court would not extend the notice-prejudice rule to a claims-made-and-reported insurance policy that clearly and unambiguously requires an insured to provide timely notice of a claim as a condition precedent to coverage, granting the insurer's motion for summary judgment on breach of contract, bad faith and unjust enrichment claims (C.A. Jones Management Group, et al. v. Scottsdale Indemnity Co., No. 13-00173, W.D. Ky.; 2016 U.S. Dist. LEXIS 80811).

    Mealey's PI/Product Liability - California Appellate Panel Reverses Summary Judgment In Dog Bite Suit

    SAN DIEGO - A California appellate panel on June 20 reversed summary judgment for two companies and an estate that acted as the landlord of a small apartment complex, saying the defendants owed a duty of care to a man who was bitten by a dog in the courtyard of the complex (Jack Geyer v. Jemmeca LLC, et al., No. D068774, Calif. App., 4th Dist., Div. 1; 2016 Cal. App. Unpub. LEXIS 4618).