LexisNexis® Legal Newsroom
    Mealey's Litigation Procedure - Securities Fraud Plaintiffs May Present Causation, Damages Testimony, Judge Rules

    PHILADELPHIA - The testimony of a loss causation and damages expert proffered by the lead plaintiffs in a securities fraud class action is relevant and reliable, a Pennsylvania federal judge held Sept. 16, stating that the expert was not required to opine on all of the plaintiffs' claims (In Re DVI Inc. Securities Litigation, No. 2:03-cv-05336, E.D. Pa.; 2014 U.S. Dist. LEXIS 129136).

    Mealey's Antitrust/Unfair Competition - $3.1 Million Deal Proposed In Class Action Challenging Joint Health Product

    SAN DIEGO - The makers of a glucosamine dietary supplement will pay $3.1 million and stop making claims that the product provides joint health benefits under a settlement reached with consumers alleging that the companies' false representations about the product violated California's unfair competition law (UCL), according to a motion for preliminary approval of the settlement filed Sept. 15 in federal court (Ed Hazlin, et al. v. Botanical Laboratories, Inc., et al., No. 13-618, S.D. Calif.).

    Mealey's IP/Tech - 2nd Circuit Partly Affirms Relief In Counterfeiting Case

    NEW YORK - A New York federal judge possessed equitable authority when she ordered a freeze on the assets of several trademark infringement defendants, the Second Circuit U.S. Court of Appeals ruled Sept. 17 (Tiffany NJ LLC and Tiffany and Co. v. China Merchants Bank et al., No. 12-2317, 2nd Cir.).

    Mealey's PI/Product Liability - Pa. High Court Won't Hear Appeal About Nonpreemption Of Reglan, Generic Claims

    PHILADELPHIA - The Pennsylvania Supreme Court on Sept. 17 said it will not review a state appellate court ruling that many claims involving Reglan and its generic version metoclopramide are not preempted by federal law (In Re: Reglan/Metoclopramide Litigation, Nos. 574 EAL 2013, 575 EAL 2013 and 577 EAL 2013, Paul E. Hassett v. Donald Dafoe, M.D., et al., No. 576 EAL 2013, Pa. Sup.).

    Mealey's Toxic Tort/Environmental - Pennsylvania Legislator Seeks Creation Of Health Registry Related To Fracking

    HARRISBURG, Pa. - A Pennsylvania legislator on Sept. 15 introduced a bill in the state House of Representatives that would create a health registry for the collection of data associated with unconventional gas well drilling, commonly referred to as hydraulic fracturing.

    Mealey's Toxic Tort/Environmental - Federal Judge Dismisses Mold-Related Negligence And TILA Claim

    BALTIMORE - After finding that claims for violation of the Truth In Lending Act (TILA) were untimely and claims for negligence related to mold growth at a property failed, a Maryland federal judge on Sept. 16 refused to grant a request by property owners to file an amended complaint and granted a motion to dismiss the case (Alan D. Heaney, et al. v. Quicken Loans Inc., et al., No. 14-1002, D. Md.; 2014 U.S. Dist. LEXIS 129071).

    Mealey's Toxic Tort/Environmental - Environmental Groups Say Fracking Permit Wrongly Approved In Pennsylvania

    HARRISBURG, Pa. - A collection of Pennsylvania environmental groups on Sept. 15 filed an appeal with the Pennsylvania Environmental Hearing Board (EHB), opposing the EHB's decision to grant two hydraulic fracturing companies permits authorizing research and development activities to support the beneficial use, or processing prior to beneficial use, of drill cuttings for stabilized soil pavement (The Delaware Riverkeeper Network, et al. v. The Commonwealth of Pennsylvania Department of Environmental Protection, No. N/A, EHB).

    Mealey's Banking & Finance - Federal Judge Grants Merrill Lynch's Request To Dismiss Quiet Title Suit

    DETROIT - A Michigan federal judge on Sept. 16 granted a mortgage loan trust's motion to dismiss a property owner's lawsuit in relation to the foreclosure of his property, finding that his claims for quiet title and illegal foreclosure failed (Nathaniel Hall v. U.S. Bank N.A., et al., No. 13-15276, E.D. Mich.; 2014 U.S. Dist. LEXIS 128977).

    Mealey's IP/Tech - Federal Circuit Reverses Equitable Estoppel Holding, Remands Patent Case

    WASHINGTON, D.C. - Although a Kentucky federal judge properly concluded that a patent plaintiff's six-year delay in filing suit warrants summary judgment on laches grounds, genuine issues of material fact pertaining to equitable estoppel still exist, the Federal Circuit U.S. Court of Appeals ruled Sept. 17 (SCA Hygiene Products Aktiebolag, et al. v. First Quality Baby Products LLC, No. 13-1564, Fed. Cir.).

    Mealey's Toxic Tort/Environmental - Missouri Federal Judge Denies Judgment On Personal Property Claims

    ST. LOUIS - A Missouri federal judge on Sept. 16 granted an insurer's motion for summary judgment on an insured's claims pertaining to water damage, mold damage and living expenses but denied the motion on the insured's claims pertaining to reimbursement for water damage to personal property on the basis that issues of material fact exist (Victoria Cento v. Allstate Property & Casualty Insurance Co., No. 12-85, E.D. Mo.; 2014 U.S. Dist. LEXIS 129234).

    Mealey's Litigation Procedure - Consumer: Male Enhancement Product Violates UCL, FAL, CLRA

    LOS ANGELES - A dietary supplement company violates California consumer protection laws, including the unfair competition law (UCL), by marketing and selling its product as having beneficial health and aphrodisiac properties to improve male strength and performance when in fact none of the ingredients in the product provides such benefits, a consumer alleges in a class action complaint filed Sept. 15 in federal court (Trevor Dixon v. Magna-Rx, Inc., No. 14-7196, C.D. Calif.).

    Mealey's PI/Product Liability - Plaintiffs: ExxonMobil Cannot Remove Radioactive Materials Case To Federal Court

    NEW ORLEANS - A group of plaintiffs who sued ExxonMobil Corp. and won compensatory and punitive damages for exposure to naturally occurring radioactive materials (NORM) at a pipe maintenance yard on Sept. 15 filed a brief arguing that the U.S. District Court for the Eastern District of Louisiana should remand the case to state court because the "window of removeability" cannot be reopened by a nonparty to the litigation (Warren Lester, et al. v. ExxonMobil Corp., et al., No. 14-01824, E.D. La.).

    Mealey's Litigation Procedure - Former NFL Players Seek Limited Discovery Before Fairness Hearing

    PHILADELPHIA - Seven former players in the National Football League on Sept. 13 asked the federal judge overseeing the NFL concussion multidistrict litigation for permission to conduct limited discovery in preparation for the Nov. 19 hearing on the fairness of a proposed settlement in the litigation (In re: National Football League Players Concussion Injury Litigation, No. 2:12-md-02323-AB, MDL No. 2323, E.D. Pa.).

    Mealey's Litigation Procedure - 1st Pinnacle Hip MDL Trial Under Way In Texas; Plaintiff Expert Allowed

    DALLAS - A Texas federal judge on Sept. 16 denied a motion by DePuy Orthopaedics Inc. to exclude a plaintiff expert in two Pinnacle hip cases, including the first multidistrict litigation trial that is under way (In Re: DePuy Orthopaedics, Inc., Pinnacle Hip Implant Products Liability Litigation, MDL Docket No. 2244, No. 3:11-md-2244, Kathleen Herlihy-Paoli v. DePuy Orthopaedics, Inc., et al., No. 12-2975, Toni M. Lay v. DePuy Orthopaedics, Inc., et al., No. 3:11-3509, N.D. Texas).

    Mealey's Litigation Procedure - Appeals Court Affirms 1 UCL Finding, Reverses Another In Claims Against Dealership

    RIVERSIDE, Calif. - While a California state court correctly granted judgment in favor of an automobile dealership on consumer class claims that the dealership's former practice of "backdating" second sales contracts to the original date of sale violated the unfair competition law (UCL), the court erred in not entering judgment on a UCL claim for an individual customer who won his fraud claim against the dealership, the Fourth District Court of Appeal held Sept. 16 (Raceway Ford Cases, Nos. E054517, E056595, Calif. App., 4th Dist., Div. 2; 2014 Cal. App. LEXIS 842).

    Mealey's Litigation Procedure - No Reconsideration Of Discovery Ruling In Trademark Dispute

    WHEELING, W. Va. - A West Virginia federal judge on Sept. 16 denied a plaintiff's motion for reconsideration of an earlier order compelling it to comply with a trademark infringement defendant's discovery request (A.Hak Industrial Services B.V. v. TechCorr USA LLC, No. 11-74, N.D. W.Va.).

    Mealey's PI/Product Liability - Personal Injury Claim Barred, But Wrongful Death Claim Possible, Justice Says

    NEW YORK - The statute of limitations bars personal injury claims filed more than three years after a man's asbestos-related death, but the widow may amend her action to file a still timely wrongful death claim, a New York justice held in an opinion posted Sept. 12 (Margaret M. Pisani, individually and as personal representative of the estate of Salvatore Pisani v. Ace Hardware Corp., et al., No. 190062/14, N.Y. Sup., New York Co.).

    Mealey's Labor & Employment - 6th Circuit Denies Rehearing After Refusing To Enjoin Birth Control Mandate

    GRAND RAPIDS, Mich. - The Sixth Circuit U.S. Court of Appeals on Sept. 16 denied en banc rehearing in a pair of cases challenging the Patient Protection and Affordable Care Act (ACA) contraceptive mandate opt-out, leaving stand a June decision affirming denial of injunctive relief (Michigan Catholic Conference, et al. v. Kathleen Sebelius, et al., No. 13-2723, The Catholic Diocese of Nashville, et al. v. Kathleen Sebelius, et al., Nos. 13-2723, 13-6640, 6th Cir.).

    Mealey's Insurance - 6th Circuit Denies Rehearing After Refusing To Enjoin Birth Control Mandate

    GRAND RAPIDS, Mich. - The Sixth Circuit U.S. Court of Appeals on Sept. 16 denied en banc rehearing in a pair of cases challenging the Patient Protection and Affordable Care Act (ACA) contraceptive mandate opt-out, leaving stand a June decision affirming denial of injunctive relief (Michigan Catholic Conference, et al. v. Kathleen Sebelius, et al., No. 13-2723, The Catholic Diocese of Nashville, et al. v. Kathleen Sebelius, et al., Nos. 13-2723, 13-6640, 6th Cir.).

    Mealey's Labor & Employment - Physician Group Defends Standing In ACA Tax Case From Seemingly Skeptical Panel

    MILWAUKEE - A cash-only physicians group challenging the Internal Revenue Service's implementation of the Patient Protection and Affordable Care Act (ACA) faced repeated questioning during Sept. 16 oral arguments from a Seventh Circuit U.S. Court of Appeals panel seemingly skeptical of its standing (Association of American Physicians & Surgeons Inc., and Robert T. McQueeney v. John Koskinen, commissioner of the Internal Revenue Service, in his official capacity, No. 14-2123, 7th Cir.).

    Mealey's Insurance - Physician Group Defends Standing In ACA Tax Case From Seemingly Skeptical Panel

    MILWAUKEE - A cash-only physicians group challenging the Internal Revenue Service's implementation of the Patient Protection and Affordable Care Act (ACA) faced repeated questioning during Sept. 16 oral arguments from a Seventh Circuit U.S. Court of Appeals panel seemingly skeptical of its standing (Association of American Physicians & Surgeons Inc., and Robert T. McQueeney v. John Koskinen, commissioner of the Internal Revenue Service, in his official capacity, No. 14-2123, 7th Cir.).

    Mealey's Litigation Procedure - PCA Signs Agreement With Brazil-Canada Chamber Of Commerce Arbitration Center

    THE HAGUE, Netherlands - The Permanent Court of Arbitration (PCA) on Sept. 15 announced that it has signed a cooperation agreement with the Arbitration and Mediation Center of the Brazil-Canada Chamber of Commerce (CAM-CCBC).

    Mealey's Antitrust/Unfair Competition - Consumer: Male Enhancement Product Violates UCL, FAL, CLRA

    LOS ANGELES - A dietary supplement company violates California consumer protection laws, including the unfair competition law (UCL), by marketing and selling its product as having beneficial health and aphrodisiac properties to improve male strength and performance when in fact none of the ingredients in the product provides such benefits, a consumer alleges in a class action complaint filed Sept. 15 in federal court (Trevor Dixon v. Magna-Rx, Inc., No. 14-7196, C.D. Calif.).

    Mealey's Insurance - Missouri Federal Judge Denies Judgment On Personal Property Claims

    ST. LOUIS - A Missouri federal judge on Sept. 16 granted an insurer's motion for summary judgment on an insured's claims pertaining to water damage, mold damage and living expenses but denied the motion on the insured's claims pertaining to reimbursement for water damage to personal property on the basis that issues of material fact exist (Victoria Cento v. Allstate Property & Casualty Insurance Co., No. 12-85, E.D. Mo.; 2014 U.S. Dist. LEXIS 129234).

    Mealey's Antitrust/Unfair Competition - Appeals Court Affirms 1 UCL Finding, Reverses Another In Claims Against Dealership

    RIVERSIDE, Calif. - While a California state court correctly granted judgment in favor of an automobile dealership on consumer class claims that the dealership's former practice of "backdating" second sales contracts to the original date of sale violated the unfair competition law (UCL), the court erred in not entering judgment on a UCL claim for an individual customer who won his fraud claim against the dealership, the Fourth District Court of Appeal held Sept. 16 (Raceway Ford Cases, Nos. E054517, E056595, Calif. App., 4th Dist., Div. 2; 2014 Cal. App. LEXIS 842).