LexisNexis® Legal Newsroom
    Mealey's Antitrust/Unfair Competition - Illinois Federal Judge Denies NFL Summary Judgment In Exclusive Licensing Case

    CHICAGO - A federal judge in Illinois on April 7 denied cross-motions for summary judgment on American Needle Inc.'s antitrust claims related to conduct by the National Football League, its 32 teams and the clubs' wholly owned licensing company in granting an exclusive license to Reebok International Ltd. to use the NFL's and teams' trademarks on apparel (American Needle, Inc. v. New Orleans Louisiana Saints, et al., No. 04-cv-7806, N.D. Ill.; 2014 U.S. Dist. LEXIS 47527).

    Mealey's IP/Tech - 5th Circuit: Newspaper Must Identify Online Commenters In Corruption Lawsuit

    NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on April 8 denied a newspaper's petition for a writ of mandamus, finding no error in a lower court's order that the newspaper turn over identifying information about the authors of certain anonymous online comments pertaining to a federal corruption trial and investigation for in camera review (In re: Times Picayune LLC, No. 14-30298, 5th Cir.; 2014 U.S. App. LEXIS 6553).

    Mealey's Banking & Finance - Bank Of America Settles Credit Card Allegations For $727 Million

    WASHINGTON, D.C. - Bank of America N.A. and FIA Card Services N.A. on April 9 agreed to a Consumer Financial Protection Bureau consent order which requires them to pay approximately $727 million to consumers who were allegedly harmed by the bank illegally charging them for credit card "add-on" products (In the Matter of: Bank of America N.A., et al., No. 2014-CFPB-0004, CFPB).

    Mealey's PI/Product Liability - Texas Woman Claims Defective General Motors Vehicle Caused Injuries

    HOUSTON - A Texas woman filed a complaint in state court on April 8, contending that defects with the ignition switch in her General Motors vehicle caused her to crash the vehicle and suffer serious injuries (Tiffany Adams v. General Motors LLC, et al., No. 2014-19403, Texas Dist., Harris Co.).

    Mealey's Toxic Tort/Environmental - Louisiana Appeals Panel Grants Rehearing, Amends Interest Due On Gas Royalties

    LAKE CHARLES, La. - A unanimous Louisiana Third Circuit Court of Appeal panel on April 9 issued an order granting rehearing and modifying a Feb. 5 opinion that affirmed in part awards of past-due natural gas royalties to royalty interest owners; on rehearing, the panel modified the calculation of the interest on the judgment and expressed remand because a necessary party was not included in the underlying litigation (Jerry J. Suire, et al. v. Oleum Operating Co., No. 13-736, La. App. 3rd Cir.).

    Mealey's Antitrust/Unfair Competition - 9th Circuit: UCL Allegation Is Trespass Claim Under Local Action Doctrine

    SAN FRANCISCO - A California federal court lacks jurisdiction to hear a Connecticut landlord's class action claim that DIRECTV Inc. violates California's unfair competition law (UCL) by placing satellite TV dishes on apartment houses without consent of the owner because the claim is actually for trespass, a local action under California law that should have been brought where the real property is located, the Ninth Circuit U.S. Court of Appeals held April 9 (Eldee-K Rental Properties, LLC v. DIRECTV, Inc., No. 11-17994, 9th Cir.).

    Mealey's Litigation Procedure - Class Allegations Survive Defense Motion To Strike In Paulsboro Derailment Suit

    CAMDEN, N.J. - The judge presiding over the consolidated Paulsboro, N.J., train derailment litigation in the U.S. District Court for the District of New Jersey denied a defense motion to strike class allegations in the second consolidated class action amended complaint April 8 (In re: Paulsboro Derailment Cases, No. 13-784, D. N.J.).

    Mealey's PI/Product Liability - 9th Circuit Grants Injunction In Case Over Use Of Drugs For Abortion

    SAN FRANCISCO - Noting that the issue was a matter of first impression in the circuit, the Ninth Circuit U.S. Court of Appeals on April 8 granted an emergency injunction pending appeal to halt the implementation of an Arizona law prohibiting the use of certain drugs to induce abortions (Planned Parenthood of Arizona Inc., et al. v. William Humble, director of the Arizona Department of Health Services, No. 14-15624, 9th Cir.).

    Mealey's Insurance - 7th Circuit: Provider Not Entitled To Hearings To Challenge Deficiencies

    CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on Nov. 8 affirmed that a Medicaid nursing home provider was not entitled to a hearing to challenge deficiency findings under state and federal Medicaid regulations (Bryn Mawr Care Inc. v. Kathleen Sebelius, No. 12-3687, 7th Cir.; 2014 U.S. App. LEXIS 6451).

    Mealey's IP/Tech - Guccione Collection Reaches Deal With 'Penthouse' Entity Dismissing Claims

    WILMINGTON, Del. - The Guccione Collection (TGC) LLC and Friend Finder Networks (FFN) Inc. on April 8 agreed to dismiss the adversary proceeding filed by TGC in the Chapter 11 bankruptcy of PMGI Holdings Inc., the parent company for adult entertainment empire carrying the name "Penthouse," in which TGC had sought declaratory relief and unspecified damages related to intellectual property. The one-paragraph stipulation filed in the U.S. Bankruptcy Court for the District of Delaware provided no information on the agreement the parties reached (The Guccione Collection LLC v. Friend Finder Networks Inc. [In Re: PMGI Holdings Inc.], No. 13-12404, Chapter 11, D. Del. Bkcy.).

    Mealey's Banking & Finance - MF Global SIPA Trustee: Broker's Claim Should Be Reduced By $215,386.73

    NEW YORK - The trustee appointed under the Securities Investor Protection Act (SIPA) litigation in the Chapter 11 bankruptcy of MF Global Inc. (MFGI), the customer investment branch of MF Global Holdings Ltd. (MFGH), on April 7 filed a brief in the U.S. Bankruptcy Court for the Southern District of New York arguing that a claim against the MFGI estate should be reduced by $215,386.73 (In Re: MF Global Inc., No. 11-2790, Chapter 11, S.D. N.Y. Bkcy.).

    Mealey's Litigation Procedure - Bitcoin Investors Want Assets Frozen, Discovery Expedited

    CHICAGO - The putative class of investors who sued bankrupt bitcoin exchange operator MtGox Inc. alleging civil conspiracy on April 8 moved in the U.S. District Court for the Northern District of Illinois seeking a preliminary injunction freezing the company's assets in the United States, granting class certification and allowing expedited discovery (Gregory Greene v. MtGox, et al., No. 14-01437, N.D. Ill.).

    Mealey's IP/Tech - Bitcoin Investors Want Assets Frozen, Discovery Expedited

    CHICAGO - The putative class of investors who sued bankrupt bitcoin exchange operator MtGox Inc. alleging civil conspiracy on April 8 moved in the U.S. District Court for the Northern District of Illinois seeking a preliminary injunction freezing the company's assets in the United States, granting class certification and allowing expedited discovery (Gregory Greene v. MtGox, et al., No. 14-01437, N.D. Ill.).

    Mealey's Banking & Finance - Bitcoin Investors Want Assets Frozen, Discovery Expedited

    CHICAGO - The putative class of investors who sued bankrupt bitcoin exchange operator MtGox Inc. alleging civil conspiracy on April 8 moved in the U.S. District Court for the Northern District of Illinois seeking a preliminary injunction freezing the company's assets in the United States, granting class certification and allowing expedited discovery (Gregory Greene v. MtGox, et al., No. 14-01437, N.D. Ill.).

    Mealey's Litigation Procedure - High-Tech Employers Lose Bid To Exclude Expert Testimony Based On Comcast

    SAN JOSE, Calif. - A federal judge in California on April 4 refused to exclude plaintiff employees' expert testimony in an antitrust suit accusing high-tech companies of conspiring to fix and suppress employee compensation and to restrict employee mobility by entering into agreements not to compete for one another's employees (In Re: High-Tech Employee Antitrust Litigation, No. 11-2509, N.D. Calif.; 2014 U.S. Dist. LEXIS 47181).

    Mealey's Labor & Employment - High-Tech Employers Lose Bid To Exclude Expert Testimony Based On Comcast

    SAN JOSE, Calif. - A federal judge in California on April 4 refused to exclude plaintiff employees' expert testimony in an antitrust suit accusing high-tech companies of conspiring to fix and suppress employee compensation and to restrict employee mobility by entering into agreements not to compete for one another's employees (In Re: High-Tech Employee Antitrust Litigation, No. 11-2509, N.D. Calif.; 2014 U.S. Dist. LEXIS 47181).

    Mealey's Banking & Finance - Homeowners' UCL Claims Over Foreclosure Actions Survive Dismissal Bid

    SACRAMENTO, Calif. - A federal judge on April 4 refused to dismiss homeowners' claims under the "unfair" and "unlawful" prongs of California's unfair competition law (UCL) challenging a lender's pending foreclosure of their home after finding that the homeowners adequately pleaded a violation of the one-action rule under state law (Jeffrey Lanini and Krista Lanini v. JPMorgan Chase Bank, et al., No. 2:13-cv-00027, E.D. Calif.; 2014 U.S. Dist. LEXIS 47348).

    Mealey's IP/Tech - Shareholder Says Directors And Officers Violated Patents

    SAN JOSE, Calif. - A purported shareholder told a federal court in California on April 7 that certain directors and officers of an electronics company breached their fiduciary duties by willfully infringing on certain patents (Lee Voss v. Sehat Sutardja, et al., No. 14-cv-01581, N.D. Calif.).

    Mealey's PI/Product Liability - Calif. Jury Returns Verdict For Maremont In Assembly-Line Asbestos-Exposure Case

    LOS ANGELES - A California jury on April 4 returned a defense verdict on a widow's claims that her husband suffered exposure to asbestos while grinding and applying for Maremont Corp. brake linings at a remanufacturing plant, sources told Mealey's Publications (Hiroko Felton, et al. v. Beach City Chevrolet Company Inc., et al., No. BC468041, Calif. Super., Los Angeles Co.).

    Mealey's IP/Tech - Delaware Federal Judge Says Patent Plaintiff Shows Chain Of Title

    WILMINGTON, Del. - Several defendants were denied dismissal of patent infringement allegations in Delaware federal court on April 8, when a federal judge found that the plaintiff in the case had demonstrated chain of title to the technology at issue (Data Speed Technology LLC v. EMC Corp. et al., No. 13-616, D. Del.).

    Mealey's Insurance - Dismissal Of Disparagement Claims Extinguished Duty To Defend, Judge Finds

    INDIANAPOLIS - Because the advertising injury claims that would have triggered an insurer's duty to defend were abandoned by an underlying plaintiff, an Oklahoma federal judge on April 7 granted the insurer's motion to dismiss breach of contract and bad faith claims against it for withdrawing a defense in the underlying case (Dave's Detailing Inc., et al. v. XL Specialty Insurance Co., No. 1:11-cv-01585, S.D. Ind.; 2014 U.S. Dist. LEXIS 47585).

    Mealey's Health Law - 9th Circuit Grants Injunction In Case Over Use Of Drugs For Abortion

    SAN FRANCISCO - Noting that the issue was a matter of first impression in the circuit, the Ninth Circuit U.S. Court of Appeals on April 8 granted an emergency injunction pending appeal to halt the implementation of an Arizona law prohibiting the use of certain drugs to induce abortions (Planned Parenthood of Arizona Inc., et al. v. William Humble, director of the Arizona Department of Health Services, No. 14-15624, 9th Cir.).

    Mealey's Insurance - Employers Liability Exclusion Does Not Bar Coverage, 11th Circuit Rules In Reversal

    ATLANTA - The 11th Circuit U.S. Court of Appeals on April 8 concluded that the employers liability exclusion in an excess commercial general liability insurance policy does not preclude coverage for underlying negligence claims against insured's employees because none of them was the employer of a worker who fatally fell at a construction site that was managed and supervised by the insured (Evanston Insurance Co. v. Design Build InterAmerican, Inc., et al., No. 12-15466, 11th Cir.; 2014 U.S. App. LEXIS 6421).

    Mealey's Banking & Finance - 5th Circuit Upholds Ruling Finding Couple's RESPA Claim Untimely

    NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on April 8 affirmed a ruling awarding summary judgment to Bank of America N.A. and Deutsche Bank National Trust Co. on a couple's claims that the defendants violated the Real Estate Settlement Procedures Act (RESPA) after agreeing with a federal magistrate judge in Texas that the claims were untimely (Richard A. Haase, et al. v. Countrywide Home Loans, Inc., et al., No. 12-20806, 5th Cir.).

    Mealey's Antitrust/Unfair Competition - High-Tech Employers Lose Bid To Exclude Expert Testimony Based On Comcast

    SAN JOSE, Calif. - A federal judge in California on April 4 refused to exclude plaintiff employees' expert testimony in an antitrust suit accusing high-tech companies of conspiring to fix and suppress employee compensation and to restrict employee mobility by entering into agreements not to compete for one another's employees (In Re: High-Tech Employee Antitrust Litigation, No. 11-2509, N.D. Calif.; 2014 U.S. Dist. LEXIS 47181).