LexisNexis® Legal Newsroom
    Mealey's Securities/D&O Liability - Lead Plaintiff Pleaded Elements Of Securities Law Claims, Judge Rules

    SAN FRANCISCO - A federal judge in California on July 26 denied a motion to dismiss filed by defendants in a securities class action lawsuit against GoPro Inc. and certain of its executive officers, ruling that the lead plaintiff in the action properly pleaded a material misrepresentation or omission, scienter and loss causation in making his federal securities law claims (Anton Bielousov v. GoPro Inc., et al., No. 16-6654, N.D. Calif.; 2017 U.S. Dist. LEXIS 117223).

    Mealey's Litigation Procedure - 8th Circuit Reverses Finding That Class Attorneys Abused Judicial Process

    ST. LOUIS - An Eighth Circuit U.S. Court of Appeals panel on July 25 reversed a ruling by an Arkansas trial court that found that attorneys for both sides of a class action insurance dispute violated Federal Rule of Civil Procedure 11 and abused the judicial process when they stipulated to the dismissal of a federal action to refile in state court (Kenneth Castleberry, et al. v. USAA, et al., No. 16-3382, Wystan Ackerman, et al. v. USAA, et al., No. 16-3482, 8th Cir., 2017 U.S. App. LEXIS 13369).

    Mealey's Insurance - Legal Malpractice Claim Not Timely Reported, Wisconsin Panel Affirms

    WAUSAU, Wis. - A Wisconsin appeals panel on July 25 affirmed a lower court's ruling that a legal malpractice claim against a law firm insured was not reported within a professional liability insurance policy's two-year extended reporting period (ERP) (Michael J. Sheffield v. Darwin National Assurance Company, et al., No. 2016AP846, Wis. App., Div. 3, 2017 Wisc. App. LEXIS 554).

    Mealey's Toxic Tort/Environmental - Judge In DuPont C8 MDL Modifies Amount Of Money Paid Into Settlement Fund

    COLUMBUS, Ohio - The federal judge in Ohio presiding over the multidistrict litigation brought against E.I. du Pont de Nemours and Co. for alleged injuries connected to exposure to perfluorooctanoic acid (known as C8) on July 24 entered a pretrial order approving modifications sought by the plaintiffs that increase the amount of money the company will pay into a qualified settlement fund (QSF) (In re: E.I. du Pont de Nemours and Co. C8 Personal Injury Litigation, MDL No. 2433, No. 13-2433, S.D. Ohio).

    Mealey's Toxic Tort/Environmental - Florida Jury Finds For Defense In Engle Progeny Suit

    TAMPA, Fla. - A Florida jury on July 25 found in favor of Philip Morris USA Inc. after finding that a man who died from lung cancer was not addicted to cigarettes made by Philip Morris and that his lung cancer and death was not caused by an addiction to those cigarettes (Judith Pearson v. Philip Morris USA Inc., No. 2007-CA-017823, Fla. 13th Jud. Cir. Hillsborough Co.).

    Mealey's Insurance - Insured Failed To Raise Fact Issue As To Why Appraisal Award Should Be Set Aside

    DALLAS - A Texas appeals panel on July 24 affirmed a lower court's summary judgment ruling in favor of an insurer in a breach of contract lawsuit arising from a $73,000 appraisal award for the insured's hailstorm damage (Floyd Circle Partners LLC v. Republic Lloyds, No. 05-16-00224, Texas App., 5th Dist., 2017 Tex. App. LEXIS 6906).

    Mealey's PI/Product Liability - Pinnacle Hip Manufacturing Defect Whistle-Blower Claim Reinstated By 1st Circuit

    BOSTON - Two orthopedic surgeons who claim that DePuy Orthopaedics Inc. "palmed off" Pinnacle metal-on-metal hips with manufacturing defects had that claim reinstated to their False Claims Act case on July 26 by the First Circuit U.S. Court of Appeals, but their claims that the manufacturer made false statements to the Food and Drug Administration remain dismissed (United States, ex rel. Antoni Nargol, et al. v. DePuy Orthopaedics, Inc., et al., No. 16-1442, 1st Cir., U.S. App. LEXIS 13540).

    Mealey's Labor & Employment - U.S. Department Of Justice States No Title VII Protection For Sex Orientation Bias

    NEW YORK - The U.S. Department of Justice on July 26 filed an amicus curiae brief in the Second Circuit U.S. Court of Appeals on behalf of the United States stating that Title VII of the Civil Rights Act of 1964 does not protect from discrimination based on sexual orientation (Melissa Zarda, co-independent executor of the estate of Donald Zarda, et al. v. Altitude Express, doing business as Skydive Long Island, et al., No. 15-3775, 2nd Cir.).

    Mealey's PI/Product Liability - Reconsideration Of Exclusion Of Cumulative Exposure Asbestos Testimony Sought

    CHARLESTON, S.C. - A medical expert's opinion that exposure to asbestos in gaskets substantially contributed to the entire dose that caused a man's mesothelioma simply reiterates scientific fact and is sufficiently case-specific to avoid being the "every exposure" theory, a man told a federal judge on July 24 in asking that he reconsider his ruling excluding the testimony (John E. Haskins and Mary L. Haskins v. 3M Co., et al., No. 15-2086, James Willson Chesher, et al. v. 3M., No. 15-2123, D. S.C., 2017 U.S. Dist. LEXIS 113657).

    Mealey's Litigation Procedure - Reconsideration Of Exclusion Of Cumulative Exposure Asbestos Testimony Sought

    CHARLESTON, S.C. - A medical expert's opinion that exposure to asbestos in gaskets substantially contributed to the entire dose that caused a man's mesothelioma simply reiterates scientific fact and is sufficiently case-specific to avoid being the "every exposure" theory, a man told a federal judge on July 24 in asking that he reconsider his ruling excluding the testimony (John E. Haskins and Mary L. Haskins v. 3M Co., et al., No. 15-2086, James Willson Chesher, et al. v. 3M., No. 15-2123, D. S.C., 2017 U.S. Dist. LEXIS 113657).

    Mealey's Health Law - Judge Dismisses Tribe's ERISA Claims Against Blue Cross Blue Shield

    ANN ARBOR, Mich. - A Native American tribe cannot pursue claims that its health care plan administrator violated the Employee Retirement Income Security Act (ERISA) by failing to charge the tribe Medicare-like rates for contracted services at a hospital because the tribe waited too long to sue, a Michigan federal judge held July 21 (Grand Traverse Band of Ottawa and Chippewa Indians, et al. v. Blue Cross Blue Shield of Michigan v. Munson Medical Center, No. 5:14-cv-11349, E.D. Mich., 2017 U.S. Dist. LEXIS 113759).

    Mealey's Litigation Procedure - Bass Pro Will Pay $10.5M To End EEOC Bias Hiring, Retaliation Claims

    HOUSTON - Bass Pro Outdoor World LLC will pay $10.5 million to settle a hiring discrimination and retaliation "pattern or practice" lawsuit filed by the Equal Employment Opportunity Commission on behalf of 50,000 job applicants, according to a consent decree filed in the U.S. District Court for the Southern District of Texas on July 25 (U.S. Equal Employment Opportunity Commission v. Bass Pro Outdoor World, LLC, et al., No. 11-3425, S.D. Texas).

    Mealey's Litigation Procedure - Federal Judge Substitutes Class Representative In Dispute Over Insurance Practices

    JEFFERSON CITY, Mo. - A Missouri federal judge on July 24 granted an insured's motion to intervene as the representative of a class action alleging that a homeowners insurer committed breach of contract when it unlawfully applied a policy's $1,000 deductible to an actual cash value (ACV) payment in a hailstorm coverage dispute (Eric Lafollette v. Liberty Mutual Fire Insurance Co., No. 14-04147, W.D. Mo.; 2017 U.S. Dist. LEXIS 114779).

    Mealey's IP/Tech - Judge Vacates Default Ruling In Athletic Apparel Trademark Infringement Case

    SAN DIEGO - A California federal judge on July 24 set aside a default ruling entered against the chief operating officer of an apparel company that allegedly infringed on another entity's trademark in violation of federal trademark law and California's unfair competition law (UCL), finding that setting aside the default ruling would not prejudice the owner of the mark (Lights Out Holdings LLC v. Lights Out Apparel LLC, et al., No.16cv2195, S.D. Calif., 2017 U.S. Dist. LEXIS 115326).

    Mealey's Litigation Procedure - Judge: Investors Properly Pleaded Securities Law Claims Against Coffee Company

    BURLINGTON, Vt. - Partial summary judgment is not warranted in a securities class action lawsuit against a coffee company and certain of its executive officers because lead plaintiffs have stated a plausible claim for relief in making their federal securities law claims, a federal judge in Vermont ruled July 21 in denying the defendants' motion for partial judgment on the pleadings (Louisiana Municipal Police Employees' Retirement System, et al. v. Green Mountain Coffee Roasters Inc., et al., No. 11-0289, D. Vt.; 2017 U.S. Dist. LEXIS 114473).

    Mealey's Labor & Employment - Pennsylvania Restaurant Files Counterclaims Against Drivers In Tip-Pooling Suit

    WILLIAMSPORT, Pa. - A State College, Pa., restaurant facing a class complaint by five delivery drivers over the restaurant's tip-pooling policy denied the claims in its July 21 answer filed in a Pennsylvania federal court and brought counterclaims accusing the lead named plaintiff of fraud, negligent and intentional misrepresentation and breach of the duty of loyalty (Jacob Wilson, et al. v. Wings Over Happy Valley MDF, LLC, et al., No. 17-915, M.D. Pa.).

    Mealey's Toxic Tort/Environmental - GM's Suit Against Manville Trust Barred By Injunction, Bankruptcy Judge Rules

    POUGHKEEPSIE, N.Y. - General Motors LLC cannot sue Johns-Manville Corp.'s asbestos personal injury trust in Ohio state court to recover money for payments made to a widow because GM's claim for contribution is barred by the decades-old injunction issued in Johns-Manville's Chapter 11 case, a New York federal bankruptcy judge held July 24 (In re Johns-Manville Corporation, et al., No. 82-11656 [General Motors LLC v. Manville Personal Injury Settlement Trust, et al., No. 1:17-ap-1032], S.D. N.Y. Bkcy.).

    Mealey's PI/Product Liability - GM's Suit Against Manville Trust Barred By Injunction, Bankruptcy Judge Rules

    POUGHKEEPSIE, N.Y. - General Motors LLC cannot sue Johns-Manville Corp.'s asbestos personal injury trust in Ohio state court to recover money for payments made to a widow because GM's claim for contribution is barred by the decades-old injunction issued in Johns-Manville's Chapter 11 case, a New York federal bankruptcy judge held July 24 (In re Johns-Manville Corporation, et al., No. 82-11656 [General Motors LLC v. Manville Personal Injury Settlement Trust, et al., No. 1:17-ap-1032], S.D. N.Y. Bkcy.).

    Mealey's Litigation Procedure - PCA Opens Office To Administer Singapore And Asian Arbitrations

    SINGAPORE - The Permanent Court of Arbitration (PCA) and the Singapore Ministry of Law on July 25 jointly announced that the PCA will open an office in Singapore to administer cases.

    Mealey's Litigation Procedure - Investment Firm Says It Is Entitled To $140M From ICSID Arbitral Award

    NEW YORK - A global finance and investment firm on July 22 announced that it is entitled to about $140 million from a recent arbitral award issued by the International Centre for Settlement of Investment Disputes (ICSID) in a treaty dispute between two Spanish companies and the Argentine Republic.

    Mealey's PI/Product Liability - Man Says Home Builder, Subcontractors Liable For Cracking Stucco

    GREEN COVE SPRINGS, Fla. - A man filed suit in Florida state court on July 24 against the builder of his home, claiming that the company as well as the painting and stucco subcontractors it hired are liable for damage to his home caused by an improperly installed stucco system (Saulo O. Meneses v. KB Home Jacksonville LLC, No. 2017-CA-743, Fla. Cir., Clay Co.).

    Mealey's PI/Product Liability - Hospital Sues United States Seeking Indemnification In Medical Malpractice Suit

    GRAND RAPIDS, Mich. - A Michigan hospital and its owner that was sued in state court for medical negligence filed suit July 25 against the United States in Michigan federal court, claiming that the government is responsible for the actions of a medical practice it funds and the practice's nurses after a baby was born with permanent brain damage (Lakeland Hospitals At Niles, et al. v. United States of America, et al., No. 1:17-cv-00670-RJJ-PJG, W.D. Mich.).

    Mealey's Insurance - Judge Approves Reinsurer's Direct Payment To Insured In Reliance's Liquidation

    HARRISBURG, Pa. - A Pennsylvania judge on July 25 approved a direct payment of reinsurance by a reinsurer to an insured in the liquidation of Reliance Insurance Co. (In re: Reliance Insurance Co. in liquidation, No. 1 REL 2001, Pa. Cmwlth.).

    Mealey's Toxic Tort/Environmental - Reconsideration Of Exclusion Of Cumulative Exposure Asbestos Testimony Sought

    CHARLESTON, S.C. - A medical expert's opinion that exposure to asbestos in gaskets substantially contributed to the entire dose that caused a man's mesothelioma simply reiterates scientific fact and is sufficiently case-specific to avoid being the "every exposure" theory, a man told a federal judge on July 24 in asking that he reconsider his ruling excluding the testimony (John E. Haskins and Mary L. Haskins v. 3M Co., et al., No. 15-2086, James Willson Chesher, et al. v. 3M., No. 15-2123, D. S.C., 2017 U.S. Dist. LEXIS 113657).

    Mealey's Insurance - Federal Judge Substitutes Class Representative In Dispute Over Insurance Practices

    JEFFERSON CITY, Mo. - A Missouri federal judge on July 24 granted an insured's motion to intervene as the representative of a class action alleging that a homeowners insurer committed breach of contract when it unlawfully applied a policy's $1,000 deductible to an actual cash value (ACV) payment in a hailstorm coverage dispute (Eric Lafollette v. Liberty Mutual Fire Insurance Co., No. 14-04147, W.D. Mo.; 2017 U.S. Dist. LEXIS 114779).