LexisNexis® Legal Newsroom
    Mealey's Insurance - New Hampshire Federal Judge: Claimant Failed To Prove He Was Prejudiced

    CONCORD, N.H. - A New Hampshire federal judge on May 16 granted an insurer's motion for judgment on the pleadings after determining that the claimant failed to show how he was prejudiced by not receiving requested information from the insurer in a timely manner (Gary Hopper v. Aetna Life Insurance Co., No. 14-450, D. N.H.; 2016 U.S. Dist. LEXIS 64630).

    Mealey's IP/Tech - Documents To Be Unsealed In 'Signal Abstracting' Patent Case Per EFF's Motion

    TYLER, Texas - In response to a motion by intervenor Electronic Frontier Foundation (EFF), a Texas federal magistrate judge on May 17 ordered certain documents in a patent infringement case over "signal abstracting" anti-piracy technology to be unsealed in light of the presumption of public access to court filings, while permitting the parties to submit redacted copies of the documents in question related to legitimate confidential material (Blue Spike LLC v. Audible Magic Corp., No. 6:15-cv-00584, E.D. Texas; 2016 U.S. Dist. LEXIS 63956).

    Mealey's Banking & Finance - Judge Finds Law Firm Attempted To Collect Debt In Violation Of FDCPA

    BALTIMORE - After finding that a law firm attempted to collect debt directly from a borrower even though it knew that she was represented by an attorney, a Maryland federal judge on May 17 refused its request for summary judgment on her claim for violation of the Fair Debt Collection Practices Act (FDCPA) (Cheryl Keyser-Bomar v. Alba Law Group, P.A., No. 15-573, D. Md.; 2016 U.S. Dist. LEXIS 64501).

    Mealey's Insurance - Errors And Omissions Insurer Breached Its Duty To Defend, Federal Judge Says

    SOUTH BEND, Ind. - An Indiana federal judge on May 17 found that an errors and omissions insurer breached its duty to defend its life insurance company insured against an underlying lawsuit alleging fraud, negligent misrepresentation, negligence, unjust enrichment, "money had and received" and violations of the Texas Insurance Code (Columbus Life Insurance Co. v. Arch Insurance Co., No. 14-01659, N.D. Ind.; 2016 U.S. Dist. LEXIS 64449).

    Mealey's Litigation Procedure - Judge Grants Guinea's Request To Dismiss Petition To Confirm $148M Award

    WASHINGTON, D.C. - A District of Columbia federal judge on May 18 found that a French telecommunications company's petition to confirm a $148,863,000 arbitral award issued against the Republic of Equatorial Guinea should be dismissed (Orange Middle East & Africa f/k/a France Cables & Radios v. Republic of Equatorial Guinea, No. 15-cv-849, D. D.C.; 2016 U.S. Dist. LEXIS 65147).

    Mealey's Toxic Tort/Environmental - Flint Water Crisis Plaintiffs Appeal Dismissal To 6th Circuit

    CINCINNATI - A group of Flint, Mich., residents who had their lawsuit related to the city's lead-contaminated drinking water dismissed filed notice of an appeal in the Sixth Circuit U.S. Court of Appeals on May 16 (Beatrice Boler, et al. v. Darnell Earley, et al., No. N/A, 6th Cir.).

    Mealey's Toxic Tort/Environmental - Chemical Injury Plaintiffs: 2nd Circuit Should Reverse Order To Dismiss Claims

    NEW YORK - A group of plaintiffs who allege that they have been harmed as a result of exposure to wood treated with creosote from a chemical company's operation in Pennsylvania on May 18 filed a brief in the Second Circuit U.S. Court of Appeals, contending that a district court erred when it ordered them to dismiss their claims against the company that treated the wood with chemicals (Tronox Incorporated v. Anadarko Petroleum Corporation, No. 14-5495, 2nd Cir.).

    Mealey's PI/Product Liability - California Appeals Court Finds Plaintiffs Knew Of Claims Against Architects

    SAN FRANCISCO - A California appellate panel on May 16 affirmed an award of summary judgment to architects of a mixed-use building who were named as defendants after the expiration of the statute of repose, after finding that the plaintiffs knew that they could have pursued claims against the architects when they originally filed suit (Shereen Pinto, et al. v. Anthony Pantaleoni, et al., No. A143214, Calif. App., 1st Dist., Div. 1; 2016 Calif. App. Unpub. LEXIS 3606).

    Mealey's Insurance - Judge: Insureds Haven't Shown Insurer Lacked Basis To Deny Coverage

    ALLENTOWN, Pa. - Dismissal of an insurance breach of contract and bad faith lawsuit is proper because insureds failed to show that an insurer lacked a reasonable basis for denying their underinsured motorist coverage claims, a federal judge in Pennsylvania ruled May 16 (Steven Kiss, et al. v. State Farm Insurance Co., No. 15-6572, E.D. Pa.; 2016 U.S. Dist. LEXIS 64572).

    Mealey's Labor & Employment - Kansas Federal Judge Denies Settlement In FLSA Class Action

    KANSAS CITY, Kan. - A Kansas federal judge on May 16 denied the motions of a Domino's pizza delivery driver to approve a proposed $132,000 settlement in a Fair Labor Standards Act (FLSA) collective action and award attorney fees and costs (Kenneth Hoffman, et al. v. Poulsen Pizza LLC, et al., No. 15-2640, D. Kan.; 2016 U.S. Dist. LEXIS 64818).

    Mealey's PI/Product Liability - NHL MDL Judge Denies League's Motion To Dismiss Master Complaint

    MINNEAPOLIS - The federal judge overseeing the National Hockey League concussion injury multidistrict litigation on May 18 denied the league's motion to dismiss the master complaint based on labor law preemption because there are not any documents in evidence that show that the plaintiffs' claims are preempted (In re: National Hockey League Players Concussion Injury Litigation, MDL No. 14-2551, D. Minn.).

    Mealey's Insurance - Panel: Plaintiffs Did Not Show That Insurer Refused To Settle In Bad Faith Suit

    SAN FRANCISCO - A federal district court did not err in granting an insurer's motion for summary judgment in an insurance bad faith lawsuit because plaintiffs failed to show that the insurer refused to settle the claim, a Ninth Circuit U.S. Court of Appeals panel ruled May 16 (Matthew Grayson, et al. v. Allstate Insurance Co., No. 14-55959, 9th Cir.; 2016 U.S. App. LEXIS 8946).

    Mealey's Insurance - 10th Circuit Concludes Roof's Collapse Is Excluded Under Insurance Policy

    DENVER - Improper maintenance contributed to a roof's collapse, and an insurer preserved its right to rely on the improper-maintenance exclusion by raising the issue in its reservation-of-rights letter, the 10th Circuit U.S. Court of Appeals held May 16, affirming summary judgment to the insurer on breach of contract and bad faith claims (Eugene Gallegos and Diane Gallegos v. Safeco Insurance Company of America, No. 15-1238, 10th Cir.; 2016 U.S. App. LEXIS 9094).

    Mealey's Litigation Procedure - 11th Circuit Upholds Partial Class Certification In GM Safety Ratings Suit

    ATLANTA - A trial court did not err when it partially granted a motion for class certification filed by two Cadillac owners who allege that General Motors Co. (GM) violated various laws when it used false safety rating stickers on the windows of certain sedans, the 11th Circuit U.S. Court of Appeals ruled May 17 (Geri Siano Carriuolo, et al. v. General Motors Company, No. 15-14442, 11th Cir.; 2016 U.S. App. LEXIS 8962).

    Mealey's IP/Tech - 2nd Circuit Vacates Nominative Fair Use Finding In Trademark Case

    NEW YORK - A Connecticut federal judge erroneously considered source confusion to be the only relevant type of confusion when assessing the merits of an infringement claim surrounding use of a certification mark, the Second Circuit U.S. Court of Appeals ruled May 18, reversing and remanding a grant of summary judgment (International Information Systems Security Certification Consortium Inc. v. Security University, et al., No. 14-3456, 2nd Cir.; 2016 U.S. App. LEXIS 9045).

    Mealey's PI/Product Liability - Nonprosecution Agreement Signed By B. Braun; $7.8M In Penalties Paid

    GREENVILLE, N.C. - Device maker B. Braun Medical Inc. has entered into a nonprosecution agreement with federal prosecutors and agreed to pay $7.8 million in criminal penalties, forfeiture and victim restitution to resolve allegations that it knowingly sold contaminated pre-filled saline flush syringes that resulted in patient infections, the U.S. Justice Department announced May 18.

    Mealey's Toxic Tort/Environmental - 9th Circuit Panel Revives Couple's Asbestos Suit Against United States

    SEATTLE - Evidence that asbestos fibers used in one area could travel throughout a shipyard combined with evidence of a delivery man's frequent visits sufficiently establish exposure, a Ninth Circuit U.S. Court of Appeals panel held May 16 (Roger Botts and Carol Botts v. United States of America, No. 14-35007, 9th Cir.; 2016 U.S. App. LEXIS 8940).

    Mealey's Labor & Employment - U.S. Supreme Court: Party May Prevail Without A Favorable Ruling

    WASHINGTON, D.C. - A party to a litigation may prevail even without a favorable ruling on the merits, a unanimous U.S. Supreme Court ruled May 19; however, the high court left it to the Eighth Circuit U.S. Court of Appeals to determine in the first instance whether the Equal Employment Opportunity Commission must pay attorney fees to CRST Van Expedited Inc. after losing its gender bias suit against the employer (CRST Van Expedited, Inc. v. Equal Employment Opportunity Commission, No. 14-1375, U.S. Sup.; 2016 U.S. LEXIS 3350).

    Mealey's Litigation Procedure - Judge: Halliburton's Expert May Testify In Radioactive Materials, Perchlorate Case

    OKLAHOMA CITY - A federal judge in Oklahoma on May 16 ruled that an expert for Halliburton Energy Services Inc. (HESI) is permitted to testify at a trial for personal injuries claimed by residents who are suing HESI for releasing radioactive materials and perchlorate into the environment (Mitchell L. McCormick v. Halliburton Energy Services Inc., No. 11-01272, W.D. Okla.).

    Mealey's Litigation Procedure - Google Argues For Certiorari To Determine Class Damage Calculations In AdWords Suit

    WASHINGTON, D.C. - In a May 16 reply brief supporting its petition for certiorari, Google Inc. argues that the U.S. Supreme Court needs to review an underlying grant of class certification in a suit over Google's AdWords program brought under California's unfair competition law (UCL) and false advertising law (FAL), to resolve a circuit split over whether individual damage calculations in class actions can be calculated using generalized proof (Google Inc. v. Pulaski & Middleman LLC, et al., No. 15-1101, U.S. Sup.).

    Mealey's Antitrust/Unfair Competition - Google Argues For Certiorari To Determine Class Damage Calculations In AdWords Suit

    WASHINGTON, D.C. - In a May 16 reply brief supporting its petition for certiorari, Google Inc. argues that the U.S. Supreme Court needs to review an underlying grant of class certification in a suit over Google's AdWords program brought under California's unfair competition law (UCL) and false advertising law (FAL), to resolve a circuit split over whether individual damage calculations in class actions can be calculated using generalized proof (Google Inc. v. Pulaski & Middleman LLC, et al., No. 15-1101, U.S. Sup.).

    Mealey's IP/Tech - Panel: Sale Of Counterfeit Fendi Products Not An Advertising Injury; No Coverage

    NEW YORK - The Second Circuit U.S. Court of Appeals on May 17 affirmed a lower federal court's ruling that an insurer has no duty to indemnify the $34.9 million awarded against its insureds in two underlying lawsuits because the insureds' liability was based upon the sale of counterfeit Fendi products and not upon an "advertising injury" pursuant to the policies (United States Fidelity & Guaranty Co. v. Fendi Adele, et al., Nos. 14-3435 and 14-3474, 2nd Cir.; 2016 U.S. App. LEXIS 8973).

    Mealey's IP/Tech - Magistrate Orders Discovery In Wiretap Act Suit Over Campaign's Stolen Emails

    ALBUQUERQUE, N.M. - Two purported journalists must respond to most of the discovery interrogatives and requests served on them in a lawsuit brought against them for allegedly participating in the disclosure of stolen emails, with a New Mexico federal magistrate judge on May 13 finding that the defendants largely failed to support their objections under the First Amendment to the U.S. Constitution and certain asserted privileges afforded to members of the press (Crystal Amaya, et al. v. Sam Bregman, et al., No. 1:14-cv-00599, D. N.M.; 2016 U.S. Dist. LEXIS 63588).

    Mealey's Labor & Employment - Lead Plaintiff In Uber Wage Dispute Objects To Proposed Settlement

    SAN FRANCISCO - The lead named plaintiff in a class wage-and-hour dispute against Uber Technologies Inc. filed a declaration on May 16 objecting to the proposed $100 million settlement, arguing that the results are "unjust" and "only benefit Uber" (Douglas O'Connor, et al. v. Uber Technologies, Inc., No. 13-3826, N.D. Calif.).

    Mealey's Litigation Procedure - ICSID Partially Grants Estonia's Request For Provisional Measures

    WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on May 16 partially granted a request for provisional measures filed by the Republic of Estonia in an arbitration brought by two investors, ordering that the parties may publically speak about certain details of the case (United Utilities (Tallinn) B.V., et al. v. Republic of Estonia, No. ARB/14/24, ICSID).