LexisNexis® Legal Newsroom
    Mealey's IP/Tech - Federal Circuit Remands Refusal To Register Mark

    WASHINGTON, D.C. - A decision by the U.S. Patent and Trademark Office (PTO)'s Trademark Trial and Appeal Board to refuse a trademark registration for "Peace Love and Juice" was remanded by the Federal Circuit U.S. Court of Appeals on July 20 (Juice Generation Inc. v. GS Enterprises LLC, No. 14-1853, Fed. Cir.).

    Mealey's Litigation Procedure - Judge: Insurer Not Entitled To Full Scope Of Relief It Seeks In Discovery Dispute

    SAN JOSE, Calif. - A California federal magistrate judge on July 15 granted in part and denied in part an insurer's motion to compel an insured to respond further to its first set of requests for production in a coverage lawsuit over an underlying trade secret dispute (Silicon Storage Technology Inc. v. National Union Fire Insurance Co. of Pittsburgh, Pa., et al., No. 13-05658, N.D. Calif.; 2015 U.S. Dist. LEXIS 92775).

    Mealey's IP/Tech - Judge: Insurer Not Entitled To Full Scope Of Relief It Seeks In Discovery Dispute

    SAN JOSE, Calif. - A California federal magistrate judge on July 15 granted in part and denied in part an insurer's motion to compel an insured to respond further to its first set of requests for production in a coverage lawsuit over an underlying trade secret dispute (Silicon Storage Technology Inc. v. National Union Fire Insurance Co. of Pittsburgh, Pa., et al., No. 13-05658, N.D. Calif.; 2015 U.S. Dist. LEXIS 92775).

    Mealey's Litigation Procedure - Nurse Was 'Borrowed Employee' Subject To Workers' Comp Act, Illinois Court Rules

    MOUNT VERNON, Ill. - No issue of material fact remains as to whether a nurse assigned by a health care staffing agency to work in a hospital was a temporary employee of the hospital when she was injured after slipping and falling on the hospital premises, an Illinois appeals court ruled July 16 (Shelley Reichling v. Touchette Regional Hospital Inc., No. 5-14-0412, Ill. App., 5th Dist.; 2015 Ill. App. LEXIS 543).

    Mealey's Litigation Procedure - Consumer Group May File Amicus Brief In NFL MDL, 3rd Circuit Judge Rules

    PHILADELPHIA - The Third Circuit U.S. Court of Appeals on July 17 granted leave to consumer advocacy group Public Citizen Inc. to file an amicus curiae brief in support of a group of former National Football League players seeking reversal of the approval of a class action settlement of brain-injury claims against the league (In re: NFL Players Concussion Injury Litigation, Nos. 15-2206, et al., 3rd Cir.).

    Mealey's Litigation Procedure - Former Student-Athlete Says NCAA MDL Should Certify Personal Injury Class

    CHICAGO - The judge overseeing the brain-injury multidistrict litigation against the National College Athletic Association should certify a personal injury class to resolve an alleged conflict of interest in the proposed $75 million settlement of the litigation, a former student-athlete argues in a brief filed July 16 (In re National Collegiate Athletic Association Student-Athlete Concussion Injury Litigation, MDL No. 2492, Master Docket No. 1:13-cv-09116, N.D. Ill.)

    Mealey's Insurance - 11th Circuit Affirms Denial Of Statutory Penalties For Failure To Provide Documents

    ATLANTA - A federal district court did not abuse its discretion by holding that a disability plan's claims administrator and plan administrator are not liable for penalties and attorney fees under the Employee Retirement Income Security Act for failure to provide plan documents to a plan participant, the 11th Circuit U.S. Court of Appeals ruled July 17 in an unpublished opinion (Allena Burge Smiley, D.M.D. v. Hartford Life and Accident Insurance Company, No. 15-10056, 11th Cir.; 2015 U.S. App. LEXIS 12334).

    Mealey's Litigation Procedure - 2nd Circuit: Health Care Providers Lack Standing To Assert Retaliation Claims

    NEW YORK - Health care providers are not beneficiaries of their patients' health insurance plans and, therefore, do not have standing to assert anti-retaliation protections under the Employee Retirement Income Security Act, the Second Circuit U.S. Court of Appeals affirmed July 15 (Henry L. Rojas, M.D., et al. v. Cigna Health and Life Insurance Company, et al., No. 14-3455, 2nd Cir.; 2015 U.S. App. LEXIS 12210).

    Mealey's Health Law - 2nd Circuit: Health Care Providers Lack Standing To Assert Retaliation Claims

    NEW YORK - Health care providers are not beneficiaries of their patients' health insurance plans and, therefore, do not have standing to assert anti-retaliation protections under the Employee Retirement Income Security Act, the Second Circuit U.S. Court of Appeals affirmed July 15 (Henry L. Rojas, M.D., et al. v. Cigna Health and Life Insurance Company, et al., No. 14-3455, 2nd Cir.; 2015 U.S. App. LEXIS 12210).

    Mealey's Litigation Procedure - ICSID Allows Canada To File New Exhibits In NAFTA Arbitration

    TORONTO - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on July 20 released an order granting a request by Canada and a U.S. corporation for leave to directly examine two witnesses in the case and granting Canada's request to file new exhibits (Mercer International, Inc. v. Canada, No. ARB[AF/12/3], ICSID).

    Mealey's Insurance - Judge: Insurer Not Entitled To Full Scope Of Relief It Seeks In Discovery Dispute

    SAN JOSE, Calif. - A California federal magistrate judge on July 15 granted in part and denied in part an insurer's motion to compel an insured to respond further to its first set of requests for production in a coverage lawsuit over an underlying trade secret dispute (Silicon Storage Technology Inc. v. National Union Fire Insurance Co. of Pittsburgh, Pa., et al., No. 13-05658, N.D. Calif.; 2015 U.S. Dist. LEXIS 92775).

    Mealey's Insurance - Massachusetts Federal Judge: Factors Weigh In Favor Of Transferring Suit To Illinois

    BOSTON - A Massachusetts federal judge on July 15 granted an insured's motion to transfer an insurer's suit to Illinois federal court because the State of Illinois has a greater interest in resolving the dispute as it involves the cleanup of contaminated property within Illinois (Federal Insurance Co. v. XTRA Intermodal Inc., et al., No. 14-14010, D. Mass.; 2015 U.S. Dist. LEXIS 91992).

    Mealey's PI/Product Liability - Appeals Court Upholds Ruling In Favor Of Defendant Subcontractor

    JACKSON, Tenn. - A Tennessee appeals panel on July 15 affirmed a trial court's decision in favor of a defendant contractor, ruling that the judge did not err when finding that he did not breach the terms of a construction contract when not completing the project on time (Anil Construction Inc. v. Patrick D. McCollum, et al., No. W2014-01979-COA-R3-CV, Tenn. App.; 2015 Tenn App. LEXIS 554).

    Mealey's PI/Product Liability - Former Student-Athlete Says NCAA MDL Should Certify Personal Injury Class

    CHICAGO - The judge overseeing the brain-injury multidistrict litigation against the National College Athletic Association should certify a personal injury class to resolve an alleged conflict of interest in the proposed $75 million settlement of the litigation, a former student-athlete argues in a brief filed July 16 (In re National Collegiate Athletic Association Student-Athlete Concussion Injury Litigation, MDL No. 2492, Master Docket No. 1:13-cv-09116, N.D. Ill.)

    Mealey's Toxic Tort/Environmental - Residents In Chemical Injury Case: Halliburton's Discovery Requests 'Not Relevant'

    OKLAHOMA CITY - The residents who filed a chemical injury lawsuit against Halliburton Energy Services Inc. (HESI) on July 16 filed a brief in Oklahoma federal court contending that HESI's discovery requests are "not relevant" and "are not reasonably calculated to lead to the discovery of admissible evidence" (Kraig Bickerstaff v. Halliburton Energy Services Inc., No. 11-1305; Frank D. Eldridge v. Halliburton Energy Services Inc., No. 11-1306; Robin L. Booth v. Halliburton Energy Services Inc., No. 11-1308; Harmen Arlen May v. Halliburton Energy Services Inc., No. 11-1309; Leslie T. Campbell v. Halliburton Energy Services Inc., No. 11-1311; Evelyn Bernice Southerland v. Halliburton Energy Services Inc., No. 11-1312; Stephen G. Jones v. Halliburton Energy Services Inc., No. 11-1322; Bruce Wilmes v. Halliburton Energy Services Inc., No. 11-1323; Amanda Alexander v Halliburton Energy Services Inc., No. 11-1343; Terry Cheek v. Halliburton Energy Services Inc., No. 13-116, W.D. Okla.).

    Mealey's Bankruptcy - Bankruptcy Judge Sets Asbestos Bar Date For Energy Future Claimants

    WILMINGTON, Del. - Asbestos personal injury claimants of Chapter 11 debtor Energy Future Holdings Corp. (EFH), including those who have yet to show any signs of asbestos disease, have until Dec. 14 to file proofs of claim in the bankruptcy case, according to an order filed July 15 in Delaware federal bankruptcy court (In re: Energy Future Holdings Corp., No. 14-10979, D. Del. Bkcy.).

    Mealey's PI/Product Liability - Pennsylvania Federal Judge Dismisses All But 1 Claim In Wright Hip Case

    PITTSBURGH - A Pennsylvania federal judge on July 16 dismissed with prejudice all claims but negligent misrepresentation in a hip case, applying court rulings about unreasonably dangerous drugs to medical devices (Roy G. Cogswell, et al. v. Wright Medical Technology, Inc., No. 15-295, W.D. Pa.; 2015 U.S. Dist. LEXIS 92461).

    Mealey's PI/Product Liability - Preemption Summary Judgment Denied In Tissue Filler Case For More Discovery

    COLUMBUS, Ohio - An Ohio federal judge on July 17 denied summary judgment in a tissue filler injury case, opting to give the plaintiff more time to conduct discovery to refute federal preemption (Dominique Brooks, et al. v. Sanofi-Aventis U.S., LLC, et al., No. 14-976, S.D. Ohio, Eastern Div.; 2015 U.S. Dist. LEXIS 93259).

    Mealey's PI/Product Liability - Manufacturing, Design Claims Survive In Synthes N-Hance Spine Rods Case

    PHILADELPHIA - A Pennsylvania federal judge on July 15 dismissed strict liability and negligent marketing claims involving two Synthes spine rods but denied it as to manufacturing defect, negligent design and negligence per se (James P. Wilson, et al. v. Synthes USA Products, LLC, et al., No. 14-4724, E.D. Pa.; 2015 U.S. Dist. LEXIS 92347).

    Mealey's PI/Product Liability - Nurse Was 'Borrowed Employee' Subject To Workers' Comp Act, Illinois Court Rules

    MOUNT VERNON, Ill. - No issue of material fact remains as to whether a nurse assigned by a health care staffing agency to work in a hospital was a temporary employee of the hospital when she was injured after slipping and falling on the hospital premises, an Illinois appeals court ruled July 16 (Shelley Reichling v. Touchette Regional Hospital Inc., No. 5-14-0412, Ill. App., 5th Dist.; 2015 Ill. App. LEXIS 543).

    Mealey's Labor & Employment - D.C. Circuit: Labor Board Must Prove Back Pay Settlement Is Fair

    WASHINGTON, D.C. - The National Labor Relations Board must prove, on remand, that its settlement with an employer to pay back pay to an employee over 11 years with no interest accrual, reached despite objections from the employee, is reasonable and fair, a District of Columbia Circuit U.S. Court of Appeals panel ruled July 17 (Jamison John Dupuy v. National Labor Relations Board, No. 14-1001, D.C. Cir.; 2015 U.S. App. LEXIS 12349).

    Mealey's IP/Tech - 11th Circuit Affirms Post-Judgment Orders In Trademark Case

    ATLANTA - A Florida federal judge's adoption of a Florida federal magistrate judge's recommendation that a plaintiff be awarded $600,000 in liquidated damages, as well as attorney fees, as a sanction for a defendant's "egregious" disregard of a final consent order was affirmed July 16 by the 11th Circuit U.S. Court of Appeals (Blanco GmbH + Co. KG v. Vito Antonio Laera, et al., No. 14-11814, 11th Cir.; 2015 U.S. App. LEXIS 12265).

    Mealey's IP/Tech - 1st Circuit Partly Affirms, Partly Reverses In Lanham Act Case

    BOSTON - A Massachusetts federal judge's injunction was partly reversed July 16 by the First Circuit U.S. Court of Appeals, on grounds that it mandates attribution of certain trademarks despite finding that a plaintiff was unlikely to succeed on the merits of a false advertising claim (Arborjet Inc. v. Rainbow Treecare Scientific Advancements Inc., No. 14-2324, 1st Cir.; 2015 U.S. App. LEXIS 12300).

    Mealey's Litigation Procedure - ICSID Discontinues Investment Arbitration Filed Against Uganda

    WASHINGTON, D.C. - After two Ugandan entities and the Republic of Uganda notified the International Centre for Settlement of Investment Disputes (ICSID) that they have settled their dispute over a production-sharing agreement, the tribunal on July 15 issued an order discontinuing the case (Tullow Uganda Operations Pty Ltd., et al. v. the Republic of Uganda, No. ARB/13/25, ICSID).

    Mealey's Insurance - Justice Asks For Input On Liquidator's Proposed Agreement With Guarantors

    NEW YORK - A New York justice on July 15 issued an order to show cause regarding the requested approval of an agreement between the liquidator of an insolvent insurer and certain states' insurance guaranty associations (In the Matter of the Liquidation of Centennial Insurance Company, No. 402424/10, N.Y. Super., New York Co.).