LexisNexis® Legal Newsroom
    Mealey's Litigation Procedure - Justice Denies Soybean Supplier's Request To Bar Indonesian Proceedings

    LONDON - After finding that a soybean supplier's application was untimely and that it actively participated in litigation in Indonesia that it claimed was filed in breach of an arbitration agreement, an England and Wales justice on June 20 denied its request for anti-suit injunction (ADM Asia-Pacific Trading Pte. Ltd., et al. v. PT Budi Semesta Satria, No. [2016] EWHC 1427 [Comm], England and Wales High, Comm.).

    Mealey's Insurance - Justice Seeks Input Regarding Liquidator's Authority To Enter Agreement

    NEW YORK - A New York justice on June 17 issued an order to show cause, asking for input on a proposed order giving the liquidator of an insolvent insurer the authority to enter into an early access agreement with certain states' insurance guaranty associations (In the Matter of the Rehabilitation of Professional Liability Insurance Company of America, No. 400986/2010, N.Y. Sup., New York Co.).

    Mealey's Insurance - CGL Insurer Has No Duty To Defend Against Copyright Claims, Federal Judge Rules

    AUSTIN, Texas - A Texas federal judge on June 17 held that a commercial general liability insurer has no duty to defend its insureds against copyright claims because the underlying complaint fails to allege any unauthorized use of an adult entertainment company's copyrighted advertising materials, slogan or title in the insureds' advertising (St. Paul Fire and Marine Insurance Co. v. Giganews Inc., et al., No. 15-89, W.D. Texas; 2016 U.S. Dist. LEXIS 79535).

    Mealey's Litigation Procedure - New York Federal Judge Dismisses Class Suit Accusing Samsung Of Faulty Washers

    NEW YORK - A New York federal judge on June 17 granted a motion to dismiss a class complaint accusing Samsung Electronics America Inc. (SEA) and Samsung Electronics Co. Ltd. (SEC) of continuing to manufacture and sell defective washing machines despite knowing that the rods were insufficient to hold the drums in place inside the machine (Charlene Kay Ray, et al. v. Samsung Electronics America, Inc., et al., No. 15-8540, S.D. N.Y.; 2016 U.S. Dist. LEXIS 79260).

    Mealey's Toxic Tort/Environmental - Judge: Prison Must Provide Drinking Water To Remedy Arsenic Contamination

    HOUSTON - A federal judge in Texas on June 21 ordered a prison to provide drinking water to inmates that conforms to the maximum contaminant levels (MCL) set by the U.S. Environmental Protection Agency for arsenic in response to a motion for preliminary judgment filed by inmates who had contended that the water contained as much as 4-1/2 times the levels of arsenic permitted by the EPA Keith Cole v. Brad Livingston, No. 14-1698, S.D. Texas, Houston Div.; 2016 U.S. Dist. LEXIS 80345).

    Mealey's Labor & Employment - 5th Circuit: EEOC Pattern Or Practice Claims Allowed Under 2 Sections Of Title VII

    NEW ORLEANS - A district court did not err when it ruled that the Equal Employment Opportunity Commission may proceed with its claims alleging a "pattern or practice" of discrimination by an employer in its hiring practices under Sections 706 and 707 of Title VII of the Civil Rights Act of 1964, the Fifth Circuit U.S. Court of Appeals ruled June 17, rejecting the employer's claim that such claims may be brought only for equitable relief and only under Section 707 (Equal Employment Opportunity Commission v. Bass Pro Outdoor World, L.L.C., et al., No. 15-20078, 5th Cir.; 2016 U.S. App. LEXIS 11031).

    Mealey's Litigation Procedure - Federal Judge Confirms Award For Alstom In Insurance Coverage Dispute

    NEW YORK - After finding that a Brazilian insurer was bound by the terms of an arbitration clause contained in an agreement for the sale of power generation equipment, a New York federal judge on June 20 confirmed an award issued by the International Chamber of Commerce (ICC) in favor of two Brazilian companies (Alstom Brasil Energia E Transporte Ltda, et al. v. Mitsui Sumitomo Securos S.A., No. 15-8221, S.D. N.Y.; 2016 U.S. Dist. LEXIS 80151).

    Mealey's Securities/D&O Liability - Investor Argues It Properly Pleaded All Elements Of Its Securities Law Claims

    PITTSBURGH - Dismissal of a securities class action lawsuit is not proper because the lead plaintiff in the action has properly pleaded a material misrepresentation or omission, scienter and loss causation, the lead plaintiff argues in a June 20 opposition brief filed in Pennsylvania federal court (James Martin v. GNC Holdings Inc., et al., No. 15-1522, W.D. Pa.).

    Mealey's Insurance - Claimant Failed To Prove He Was Disabled Under Policy, Michigan Federal Judge Says

    GRAND RAPIDS, Mich. - A disability insurer's decision to terminate a claimant's long-term disability benefits is supported by the evidence, a Michigan federal judge said June 17 after determining that the claimant failed to prove by a preponderance of the evidence that his depression prevented him from performing the duties of his occupation (Les A. Gilewski v. Provident Life and Accident Insurance Co., No. 15-238, W.D. Mich.; 2016 U.S. Dist. LEXIS 79056).

    Mealey's Insurance - Insureds' Breach Of Contract, Bad Faith Claims Not Actionable, Judge Rules

    McALLEN, Texas - An insurer's prompt payment of an appraisal award in a homeowners insurance dispute estops the insureds from bringing a claim for breach of contract, and as a result, their extracontractual claims are inactionable under Texas law, a federal judge in Texas ruled June 20 (Daniel Gutierrez, et al. v. State Farm Lloyds, et al., No. 14-430, S.D. Texas; 2016 U.S. Dist. LEXIS 79665).

    Mealey's Insurance - Federal Judge: Insured Did Not 'Own' Lost Earnings Under Commercial Crime Policy

    HOUSTON - A Texas federal judge on June 21 held that an insured did not "own" its lost earnings stemming from a Ponzi scheme within the meaning of a commercial crime insurance policy (Cooper Industries, Ltd., et al v. National Union Fire Insurance Company of Pittsburgh Pa., No. 12-01591, S.D. Texas; 2016 U.S. Dist. LEXIS 80342).

    Mealey's Toxic Tort/Environmental - Florida Jury Finds Smoking Not Cause Of Engle Progeny Plaintiff's Death

    MIAMI - A Florida jury on June 21 found that R.J. Reynolds Tobacco Co. and Philip Morris USA Inc. were not responsible for the death of a woman whose husband and daughter claimed that she died from smoking cigarettes made by both companies (Leisa Mooney, et al. v. Philip Morris USA Inc., et al., No. 2011-CA-40815, Fla. Cir., 11th Jud. Cir., Dade Co.).

    Mealey's Toxic Tort/Environmental - Judge: $110,000 Deal In Tainted Groundwater Case Reached In Good Faith

    FRESNO, Calif. - A federal judge in California on June 20 ruled that a settlement agreement in which a water service company will pay $110,000 to the man who sued multiple parties seeking recovery and remediation costs associated with tetrachloroethylene (PCE) contamination had been reached in good faith (Viola Coppola, et al. v. Gregory Smith, et al., No. 11-cv-01257, E.D. Calif.; 2016 U.S. Dist. LEXIS 80087).

    Mealey's Insurance - Washington Appeals Court Affirms Woman's Arson, Insurance Fraud Convictions

    SPOKANE, Wash. - A Washington appeals panel on June 21 affirmed a woman's conviction for first-degree arson, holding that the trial court judge did not erroneously admit a photograph of a gasoline can and that the evidence sufficiently supported her conviction (State of Washington v. Maria H. Hernandez Martinez, No. 33109-1-III, Wash. App., Div. 3; 2016 Wash. App. LEXIS 1457).

    Mealey's IP/Tech - Federal Circuit: Same Day Filing, Patenting Satisfies Condition

    WASHINGTON, D.C. - When assigning the relevant filing date of a continuation application for purposes of determining patent validity, the application satisfies 35 U.S. Code Section 120 when both legal acts - filing and patenting - occur on the same day, the Federal Circuit U.S. Court of Appeals ruled June 21 (Immersion Corporation v. HTC Corporation, No. 15-1574, Fed. Cir.; 2016 U.S. App. LEXIS 11176).

    Mealey's Toxic Tort/Environmental - D.C. Circuit Panel Affirms Dismissal In Cigarette Sales Suit

    WASHINGTON, D.C. - A District of Columbia Circuit U.S. Court of Appeals panel on June 21 affirmed a lower court order dismissing a complaint alleging that Philip Morris USA Inc. violated the terms of a contract by overcharging military exchanges for cigarettes because the transactions "creating an inference of fraud were publicly disclosed" (United States, Ex Rel. Anthony Oliver v. Philip Morris USA Inc., No. 15-7049, D.C. Cir.).

    Mealey's Antitrust/Unfair Competition - Federal Judge Finds No Jurisdiction Over California Law Claims

    LOS ANGELES - A California federal judge on June 20 found that claims asserted against numerous mortgage lenders for violation of California law must be dismissed for lack of jurisdiction (Mattie Belinda Evans v. Bank of America, N.A., et al., No. 16-4147, C.D. Calif.; 2016 U.S. Dist. LEXIS 80001).

    Mealey's Antitrust/Unfair Competition - Some Claims Tossed, Some Survive Dismissal In Starbucks Underfill Suit

    SAN FRANCISCO - A California federal judge on June 17 partially dismissed claims in a class action suit accusing Starbucks Corp. of underfilling its coffee beverages but leaving intact claims for breach of express warranty, violation California's Consumers Legal Remedies Act (CLRA), violation of California's unfair competition law (UCL), violation of California's false advertising law (FAL) and fraud (Siera Strumlauf, et al. v. Starbucks Corporation, No. 16-1306, N.D. Calif.; 2016 U.S. Dist. LEXIS 79456).

    Mealey's PI/Product Liability - New York Justice Allows Subpoena Into Financial Influence Of Asbestos-Talc Studies

    NEW YORK - A couple may subpoena the University of Idaho about how compensation influenced the school's studies into whether Colgate-Palmolive Co.'s talcum body powder contained asbestos, a New York justice held June 20 (Keri LoGiudice and Joseph LoGiudice v. American Talc Co., et al., No. 190253/2014, N.Y. Sup., New York Co.).

    Mealey's Litigation Procedure - New York Justice Allows Subpoena Into Financial Influence Of Asbestos-Talc Studies

    NEW YORK - A couple may subpoena the University of Idaho about how compensation influenced the school's studies into whether Colgate-Palmolive Co.'s talcum body powder contained asbestos, a New York justice held June 20 (Keri LoGiudice and Joseph LoGiudice v. American Talc Co., et al., No. 190253/2014, N.Y. Sup., New York Co.).

    Mealey's Bankruptcy - Claimant Representative, Company Back Damaged Timber Claim Against W.R. Grace

    WILMINGTON, Del. - A timber company's claim that its land was contaminated with asbestos from W.R. Grace & Co.'s mining operations near Libby, Mont., is not foreclosed by a claims bar date in W.R. Grace's Chapter 11 case because the company did not know about the damage before the bar date, so enjoining the claim would violate due process, the representative for future property damage claimants argues in a June 20 brief in Delaware federal bankruptcy court (In re: W.R. Grace & Co., et al., No. 01-01139, D. Del. Bkcy.).

    Mealey's Litigation Procedure - Home Depot Denies Liability For Banks' Damages In Data Breach Class Action

    ATLANTA - Despite a Georgia federal judge's finding that a group of banks and financial institutions (FIs) have standing to sue Home Depot Inc. for negligence related to a massive 2014 data breach, in a June 17 answer to their complaint, the retailer raises affirmative defenses related to lack of standing, as well as double recovery, contributory negligence and failure to mitigate damages (In re: The Home Depot Inc., Customer Data Security Breach Litigation, No. 1:14-md-02583, N.D. Ga.).

    Mealey's Insurance - Federal Magistrate Recommends Default Judgment Be Entered Against Insured

    SACRAMENTO, Calif. - A federal magistrate judge in a California on June 16 recommend that a commercial general liability insurer's motion for a default judgment be granted and that a judgment be issued declaring that the insurer has no duty to defend or indemnify its insured against an underlying breach of contract and negligence lawsuit alleging the insured's pilot car services were performed "in an unworkmanlike manner" (Atain Specialty Insurance Co. v. Richard Szetela d/b/a D&D Pilot Car Services, et al., No. 14-2991, E.D. Calif.; 2016 U.S. Dist. LEXIS 78855).

    Mealey's Banking & Finance - Federal Judge Finds No Facts To Support TILA And FDCPA Claims

    HARRISONBURG, Va. - After finding that a borrower failed to submit any facts to support her claims, a Virginia federal judge on June 16 granted a motion filed by lenders and others to dismiss claims for violation of the Truth In Lending Act (TILA) and other causes of action (Marsha Lambert Maines v. Ronald J. Guillot Jr., et al., No. 5:16CV00009, W.D. Va.; 2016 U.S. Dist. LEXIS 79477).

    Mealey's Toxic Tort/Environmental - Judge Clarifies Scope Of Order Requiring EPA To Supplement Record

    HUNTINGTON, W.Va. - A federal judge in West Virginia on June 17 denied the administrator of the U.S. Environmental Protection Agency's motion to reconsider a May 11 order requiring the agency to supplement the administrative record in a Clean Water Act suit, but clarified the scope of what the agency must produce (Ohio Valley Environmental Coalition, et al. v. Gina McCarthy, Administrator, U.S. Environmental Protection Agency, et al., No. 15-0271, S.D. W.Va.; 2016 U.S. Dist. LEXIS 79004).