LexisNexis® Legal Newsroom
    Mealey's Insurance - Judge: Misrepresentation Claims Are Not 'Occurrences' Under CGL Insurance Policy

    CLEVELAND - Mobile homeowners' misrepresentation claims do not arise out of events that sought damages for an "occurrence" under a commercial general liability insurance policy and umbrella policy, an Ohio federal judge ruled Aug. 26, finding that the insurer had no duty to defend and indemnify claims filed in a class action lawsuit (Lakeside Terrace Homes Sales Ltd., et al. v. Arrowood Indemnity Co., No. 15-1794, N.D. Ohio; 2016 U.S. Dist. LEXIS 114828).

    Mealey's PI/Product Liability - South Carolina Federal Jury Awards $1.37 Million In Car Crash Suit

    COLUMBIA, S.C. - The widow of a man who committed suicide after being injured in a car accident was awarded $1.37 million on Aug. 26 in her suit against Ford Motor Co. by a federal jury in South Carolina after the jury found that Ford's 2010 Escape was defective when it was put on the market (Crystal L. Wickersham v. Ford Motor Co., No. 9:13-cv-1192-DCN, D. S.C.).

    Mealey's Litigation Procedure - Final Approval Granted To Settlement In Yahoo Email-Scanning Class Action

    SAN JOSE, Calif. - Following an Aug. 25 hearing, a California federal judge granted approval that same day of a settlement agreement disposing of a class action over Yahoo Inc.'s scanning of emails, awarding the class $4 million in costs and fees and $20,000 in service awards (In Re Yahoo Mail Litigation, No. 5:13-cv-04980, N.D. Calif.; 2016 U.S. Dist. LEXIS 115056).

    Mealey's Insurance - Panel: Products Exclusions Bar Coverage For State's Prescription Drug Abuse Suit

    ATLANTA - The 11th Circuit U.S. Court of Appeals on Aug. 26 affirmed a lower court's ruling that two general liability insurers have no duty to defend or indemnify their pharmaceutical distributor insured against the State of West Virginia's lawsuit seeking to recover billions in damages for the state's prescription pharmaceutical drug abuse epidemic (The Travelers Property Casualty Company of America, et al. v. Anda Inc. and Watson Pharmaceuticals Inc., No. 15-11510, 11th Cir.; 2016 U.S. App. LEXIS 15760).

    Mealey's Insurance - Panel: Claims Looked, Walked, Quacked Like Typical Trademark Infringement Claims

    CINCINNATI - The Sixth Circuit U.S. Court of Appeals on Aug. 26 affirmed a lower federal court's finding that an insurer has no duty to defend its insured against an underlying trademark dispute, concluding that the underlying claims "looked, walked, and quacked only like typical trademark infringement claims-not unpled disparagement or trade dress claims" (S. Bertram, Inc. v. Citizens Insurance Company of America, No. 15-2552, 6th Cir.; 2016 U.S. App. LEXIS 15886).

    Mealey's PI/Product Liability - California Supreme Court: State Court Has Specific Jurisdiction In Plavix Cases

    SAN FRANCISCO - In a 4-3 ruling, the California Supreme Court on Aug. 29 ruled that a California state court has personal jurisdiction over Bristol-Myers Squibb Co. (BMS) in Plavix personal injury cases involving out-of-state plaintiffs (Bristol-Myers Squibb Company v. The Superior Court of San Francisco County, et al., No. S221038, Calif. Sup.: 2016 Cal. LEXIS 7124).

    Mealey's Insurance - Panel Majority Says District Court Failed To Consider Effect Of Medications

    SAN FRANCISCO - A district court erred in entering judgment in favor of a disability plan and a disability insurer because it failed to consider how medications taken by the disability claimant would affect his ability to function in a workplace under the "any occupation" test, the majority of a Ninth Circuit U.S. Court of Appeals panel said Aug. 26 (Daniel G. Demer v. IBM Corporation LTD Plan, et al., No. 13-17196, 9th Cir.; 2016 U.S. App. LEXIS 15788).

    Mealey's Insurance - No Coverage For Damage Caused By Mudslide, 10th Circuit Affirms

    DENVER - The 10th Circuit U.S. Court of Appeals on Aug. 29 affirmed a lower federal court's ruling that there is no coverage for damage to an insured's commercial building caused by a mudslide (Paros Properties LLC v. Colorado Casualty Insurance Co., et al., No. 15-1369. 10th Cir.; 2016 U.S. App. LEXIS 15925).

    Mealey's IP/Tech - 9th Circuit Finds AT&T Exempt From FTC Data-Throttling Suit As A Common Carrier

    SAN FRANCISCO - In an Aug. 29 ruling, a Ninth Circuit U.S. Court of Appeals found that AT&T Mobility LLC qualifies as a common carrier under the Federal Trade Commission Act (FTC Act) and, as such, is exempt from the Federal Trade Commission's claims of alleged "data throttling" brought under the act (Federal Trade Commission v. AT&T Mobility LLC, No. 15-16585, 9th Cir.; 2016 U.S. App. LEXIS 15913).

    Mealey's Litigation Procedure - Maryland Federal Judge Consolidates ERISA Cases, Appoints Lead Counsel

    BALTIMORE - A Maryland federal judge on Aug. 24 consolidated two Employee Retirement Income Security Act class actions against Bon Secours Health System Inc. and appointed interim lead class counsel (Arlene Hodges, et al. v. Bon Secours Health System Inc., et al., No. RDB-16-1079, Carolyn Miller, et al. v. Bon Secours Health System Inc., et al., No. RDB-16-1150, D. Md.; 2016 U.S. Dist. LEXIS 113414).

    Mealey's Litigation Procedure - Judge: Insurer Has No Duty To Defend Window Maker In Defects Suit

    MADISON, Wis. - A federal judge in Wisconsin on Aug. 25 ruled that an insurance company has no duty to defend a manufacturer accused of making allegedly defective windows, finding that the Wisconsin Supreme Court's ruling in Wisconsin Pharmacal Co. LLC v. Nebraska Cultures of California Inc. (2016 WI. 14, 367 Wis. 2d 221 [2016]) made it clear that the integrated systems rule is applicable and does not require the insurer to provide coverage for damage caused to the homes of purchasers of the windows (Mary Haley, et al. v. Kolbe & Kolbe Millwork Co. Inc., No. 14-cv-99, W.D. Wis.; 2016 U.S. Dist. LEXIS 113752).

    Mealey's Insurance - Judge: Insurer Has No Duty To Defend Window Maker In Defects Suit

    MADISON, Wis. - A federal judge in Wisconsin on Aug. 25 ruled that an insurance company has no duty to defend a manufacturer accused of making allegedly defective windows, finding that the Wisconsin Supreme Court's ruling in Wisconsin Pharmacal Co. LLC v. Nebraska Cultures of California Inc. (2016 WI. 14, 367 Wis. 2d 221 [2016]) made it clear that the integrated systems rule is applicable and does not require the insurer to provide coverage for damage caused to the homes of purchasers of the windows (Mary Haley, et al. v. Kolbe & Kolbe Millwork Co. Inc., No. 14-cv-99, W.D. Wis.; 2016 U.S. Dist. LEXIS 113752).

    Mealey's Toxic Tort/Environmental - Judge Remands Agent Orange Benefits Case, Says Exposure Not Established

    WASHINGTON, D.C. - A judge in the U.S. Court of Appeals for Veterans Claims on Aug. 24 remanded for review a case in which a veteran contends that he was exposed to Agent Orange while stationed at a military base in Arkansas, stating that it has not been determined whether the presumption of exposure has been established (Glenn R. Heffington v. Robert A. McDonald, No. 15-2603, U.S. App. Vet. Clms.; 2016 U.S. App. Vet. Claims LEXIS 1282).

    Mealey's Toxic Tort/Environmental - Judge Remands Agent Orange Benefits Case, Says Exam And Opinion Were Not Adequate

    WASHINGTON, D.C. - A judge in the U.S. Court of Appeals for Veterans Claims on Aug. 25 remanded a veteran's case seeking benefits for injuries he claims were caused by exposure to Agent Orange, determining that the U.S. Department of Veterans Affairs failed to provide an adequate physical examination and opinion (Elliott J. Peterson v. Robert A. McDonald, No. 15-3243, U.S. App., Vet. Clms.; 2016 U.S. App. Vet. Claims LEXIS 1299).

    Mealey's Toxic Tort/Environmental - Judge: Veteran Fails To Show Error In Denial Of Agent Orange Benefits

    WASHINGTON, D.C. - A judge in the U.S. Court of Appeals for Veterans Claims on Aug. 26 ruled that a veteran who sought benefits for injuries stemming from exposure to Agent Orange failed to establish that he had come in contact with the chemical, and the judge affirmed a review board's decision to deny him benefits (Roger L. Hunter v. Robert A. McDonald, No. 15-3279, U.S. App., Vet. Clms.; 2016 U.S. App. Vet. Claims LEXIS 1303).

    Mealey's PI/Product Liability - Judge Affirms Ruling Striking Expert's Supplemental Report Following Examination

    NEW HAVEN, Conn. - A federal magistrate judge did not err when striking a supplemental report submitted by a doctor after he examined a couple who claims that theyhave sustained injuries as result of exposure to volatile organic compounds (VOCs) emitted by spray polyurethane foam (SPF), a federal judge in Connecticut held Aug. 26, ruling that the decision was not clearly erroneous or contrary to law (Richard Breyer, et al. v. Anchor Insulation Co. Inc., et al., No. 13 CV 1576, D. Conn.).

    Mealey's IP/Tech - Request For Temporary Restraining Order In Trade Secret Case Denied

    MINNEAPOLIS - A dispute over allegations that three defendants misappropriated trade secrets by emailing themselves certain documents before leaving the employ of a plaintiff will proceed without a temporary restraining order (TRO) in place, in light of an Aug. 24 ruling by a Minnesota federal judge (Berkley Risk Administrators Company v. Accident Fund Holdings Group, et al., No. 16-2671, D. Minn.; 2016 U.S. Dist. LEXIS 113421).

    Mealey's Insurance - Nationwide Says There Is No Reason To Vacate Reinsurance Arbitration Award

    NEW YORK - Nationwide Insurance Co., a party to a reinsurance agreement, told a federal court in New York on Aug. 25 that an arbitration panel umpire was not biased and there is no basis for vacating an arbitration award (Yosemite Insurance Company v. Nationwide Insurance Company, No. 16-cv-05290, S.D. N.Y.).

    Mealey's Labor & Employment - Maryland Federal Judge Consolidates ERISA Cases, Appoints Lead Counsel

    BALTIMORE - A Maryland federal judge on Aug. 24 consolidated two Employee Retirement Income Security Act class actions against Bon Secours Health System Inc. and appointed interim lead class counsel (Arlene Hodges, et al. v. Bon Secours Health System Inc., et al., No. RDB-16-1079, Carolyn Miller, et al. v. Bon Secours Health System Inc., et al., No. RDB-16-1150, D. Md.; 2016 U.S. Dist. LEXIS 113414).

    Mealey's Insurance - Panel: Insurers Are Not Jointly, Severally Liable For $2.4M Defects Arbitration Award

    DALLAS - Although two commercial general liability insurers have a duty to indemnify insureds for an underlying construction defects arbitration award, a Texas appeals panel ruled Aug. 25 that a trial court erred in finding that the insurers are jointly and severally liable for the $2.4 million award (Great American Lloyds Insurance Co. and Mid-Continent Casualty Co. v. Vines-Herrin Custom LLC, et al., No. 05-15-00230, Texas App., 5th Dist.; 2016 Tex. App. LEXIS 9407).

    Mealey's PI/Product Liability - Corneal Scarring Claims From Contact Lenses Are Preempted, Judge Rules

    BROOKLYN, N.Y. - A New York federal judge on Aug. 25 dismissed as preempted a plaintiffs claim that she suffered corneal scarring from Acuvue Oasys contact lenses (Anna Crissi v. Johnson & Johnson Vision Care, Inc., et al., No. 15-4230, E.D. N.Y.; 2016 U.S. Dist. LEXIS 114160).

    Mealey's Litigation Procedure - Judge Finds Expert's Use Of Discounted Cash Flow Method Valid To Opine On Damages

    ORLANDO, Fla. - A financial adviser's discounted cash flow method is appropriate to determine the lost damages in a telecommunications agreement, a Florida federal judge ruled Aug. 24, declining to exclude the adviser's testimony (Local Access LLC and Blitz Telecom Consulting LLC v. Peerless Network Inc. v. Local Access LLC, No. 14-399, M.D. Fla.; 2016 U.S. Dist. LEXIS 112885).

    Mealey's Litigation Procedure - $13 Million Settlement, Service Award Approved In Home Depot Data Breach Suit

    ATLANTA - Following a Georgia federal judge's final approval of a $13 million settlement between The Home Depot Inc. and a class of consumers suing over a 2014 data breach, judgment was issued on Aug. 24 memorializing an accompanying award of almost $7.8 million in service awards for the class (In re: The Home Depot Inc., Customer Data Security Breach Litigation, No. 1:14-md-02583, N.D. Ga.).

    Mealey's PI/Product Liability - Judge: Insurer Has No Duty To Defend Window Maker In Defects Suit

    MADISON, Wis. - A federal judge in Wisconsin on Aug. 25 ruled that an insurance company has no duty to defend a manufacturer accused of making allegedly defective windows, finding that the Wisconsin Supreme Court's ruling in Wisconsin Pharmacal Co. LLC v. Nebraska Cultures of California Inc. (2016 WI. 14, 367 Wis. 2d 221 [2016]) made it clear that the integrated systems rule is applicable and does not require the insurer to provide coverage for damage caused to the homes of purchasers of the windows (Mary Haley, et al. v. Kolbe & Kolbe Millwork Co. Inc., No. 14-cv-99, W.D. Wis.; 2016 U.S. Dist. LEXIS 113752).

    Mealey's PI/Product Liability - Fungal Meningitis MDL Judge Recommends Remanding 66 Clinic-Only Cases

    BOSTON - The Massachusetts judge overseeing the fungal meningitis multidistrict litigation on Aug. 25 recommended that a federal judicial panel remand 66 cases involving claims against health care providers (In Re: New England Compounding Pharmacy, Inc. Products Liability Litigation, MDL Docket No. 2419, No. 13-md-2419, D. Mass.).