LexisNexis® Legal Newsroom
    Mealey's Labor & Employment - High Court Denies Certiorari In Suit Over Involving Antitrust, ERISA Claims

    WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 23 declined to grant certiorari, which left standing an agreement reached in In re Managed Care Litigation that bars several physicians and physician groups from bringing claims against WellPoint Inc. in In re WellPoint, Inc. Out-of-Network "UCR" Rates Litigation under the Racketeer Influenced and Corrupt Organizations Act and the Sherman Act but not from bringing certain claims under the Employee Retirement Income Security Act (Medical Association of Georgia, et al. v. Wellpoint Inc., No. 14-554, U.S. Sup.).

    Mealey's Antitrust/Unfair Competition - High Court Denies Certiorari In Suit Over Involving Antitrust, ERISA Claims

    WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 23 declined to grant certiorari, which left standing an agreement reached in In re Managed Care Litigation that bars several physicians and physician groups from bringing claims against WellPoint Inc. in In re WellPoint, Inc. Out-of-Network "UCR" Rates Litigation under the Racketeer Influenced and Corrupt Organizations Act and the Sherman Act but not from bringing certain claims under the Employee Retirement Income Security Act (Medical Association of Georgia, et al. v. Wellpoint Inc., No. 14-554, U.S. Sup.).

    Mealey's Litigation Procedure - High Court Grants Cert, Remands Stock-Drop Case In Light Of Fifth Third

    WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 23 remanded for further consideration in light of Fifth Third Bancorp v. Dudenhoeffer the 11th Circuit U.S. Court of Appeals' unpublished opinion affirming the dismissal of Employee Retirement Income Security Act breach of fiduciary duty claims by participants in an employee stock ownership plan (ESOP) sponsored by Delta Air Lines Inc. (Dennis Smith, et al. v. Delta Air Lines Inc., et al., No. 14-696, U.S. Sup.).

    Mealey's Securities/D&O Liability - High Court Grants Cert, Remands Stock-Drop Case In Light Of Fifth Third

    WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 23 remanded for further consideration in light of Fifth Third Bancorp v. Dudenhoeffer the 11th Circuit U.S. Court of Appeals' unpublished opinion affirming the dismissal of Employee Retirement Income Security Act breach of fiduciary duty claims by participants in an employee stock ownership plan (ESOP) sponsored by Delta Air Lines Inc. (Dennis Smith, et al. v. Delta Air Lines Inc., et al., No. 14-696, U.S. Sup.).

    Mealey's Health Law - High Court Will Not Review Preemption Ruling In Subrogation Case

    WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 23 declined to review a Second Circuit U.S. Court of Appeals ruling that the Employee Retirement Income Security Act does not preempt a New York state anti-subrogation law that prohibits insurers from obtaining reimbursement of medical benefits from participants' tort settlements (The Rawlings Company, et al. v. Megan Wurtz, et al., No. 14-487, U.S. Sup.).

    Mealey's Health Law - High Court Denies Review Of 3rd Circuit Reimbursement Ruling

    WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 23 let stand a Third Circuit U.S. Court of Appeals ruling that a multiemployer welfare benefits plan may seek reimbursement of health benefits paid on behalf of a plan participant who later received a third-party settlement because the plan language established an equitable lien by agreement (Bernard McLaughlin v. Board of Trustees of the National Elevator Industry Health Benefit Plan, No. 14-626, U.S. Sup.).

    Mealey's Insurance - High Court Review Denied Of Prejudice Requirement To Deemed-Exhaustion Exception

    WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 23 let stand a 10th Circuit U.S. Court of Appeals ruling that even though a disability plan's summary plan description (SPD) did not comply with the notice and disclosure requirements of the Employee Retirement Income Security Act because it described only one level of internal review, a claimant's case was properly dismissed for failure to exhaust administrative remedies because she did not establish that the SPD's deficiencies caused her failure to pursue a second-level internal review (Lucrecia Caprio Holmes v. Colorado Coalition for the Homeless Long Term Disability Plan, No. 14-551, U.S. Sup.).

    Mealey's Antitrust/Unfair Competition - Federal Judge Declines To Dismiss Antitrust Claims In Surgery Center Dispute

    DENVER - A Colorado federal judge on Feb. 20 declined to dismiss antitrust claims in a suit alleging that health insurers conspired with hospitals to drive multiple ambulatory surgical centers out of business (Arapahoe Surgery Center, et al. v. CIGNA Healthcare Inc., et al., No. 13-3422, D. Colo.; 2015 U.S. Dist. LEXIS 20488).

    Mealey's Litigation Procedure - 4th Circuit Upholds Dismissal Of EEOC's Suit Over Background Checks

    RICHMOND, Va. - The Fourth Circuit U.S. Court of Appeals on Feb. 20 upheld the rejection of a class complaint filed by the Equal Employment Opportunity Commission, alleging that an employer's use of background checks violates Title VII of the Civil Rights Act of 1964 after determining that the EEOC's expert testimony was unreliable (Equal Employment Opportunity Commission v. Freeman, No. 13-2365, 4th Cir.; 2015 U.S. App. LEXIS 2592).

    Mealey's PI/Product Liability - Federal Judge Finds Evidence Of Asbestos Exposure From 7 Defendants Lacking

    BRIDGEPORT, Conn. - While the evidence suggests a man suffered asbestos exposures, insufficient evidence links seven defendants to those exposures, a federal judge in Connecticut held Feb. 19 in granting the defendants judgment (Debra Bray, et al. v. Ingersoll-Rand Co., et al., No. 13-1561, D. Conn.; 2015 U.S. Dist. LEXIS 19523).

    Mealey's Labor & Employment - High Court Declines Review In Preemption Ruling Involving UCL Claim

    WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 23 denied a petition for writ of certiorari, leaving in place a California Supreme Court decision holding that the Federal Aviation Administration Authorization Act (FAAAA) does not preempt a California unfair competition law (UCL) lawsuit filed by the state alleging that a trucking company misclassifies drivers as independent contractors to avoid paying payroll taxes or provide workers' compensation (Pac Anchor Transportation, et al. v. People of the State of California, ex rel. Kamala D. Harris, etc., No. 14-491, U.S. Sup.).

    Mealey's Toxic Tort/Environmental - Company: Claims Of Tainted Water Already Dismissed; Lawsuit Fails

    NEW ORLEANS - One of the oil and gas exploration companies sued by Louisiana residents who allege that they contaminated drinking water on Feb. 18 filed an answer to the claim, arguing that most of the claims against it have already been dismissed (Catherine P. Alford, et al. v. Chevron USA Inc., et al., No. 13-5457 [consolidated], E.D. La.).

    Mealey's Toxic Tort/Environmental - Paulsboro Train Defendants: Strict Liability Claim For Vinyl Chloride Spill Fails

    CAMDEN, N.J. - The railway company defendants sued by a class of residents who contend that the defendants are liable for injuries related to the release of vinyl chloride and other chemicals from a train derailment on Feb. 23 filed a brief in New Jersey federal court arguing that one couple's specific claim must be dismissed (Allison Wileczek, et al. v. Consolidated Rail Corporation, et al. [In Re: Paulsboro Derailment Cases], No. 15-00017, Master Docket 13-784, D. N.J.).

    Mealey's Toxic Tort/Environmental - DOJ: Man Arrested For Filing False Claim To Gulf Coast Compensation Fund

    WASHINGTON, D.C. - The U.S. Department of Justice announced Feb. 23 that a North Carolina man was arrested for submitting a false claim seeking $2.3 million from the fund established to compensate business owners who suffered damages as a result of the oil spill in the Gulf of Mexico that followed the explosion of the Deepwater Horizon oil rig.

    Mealey's Banking & Finance - Federal Judge Stays Case Pending Outcome Of Foreclosure Case

    CHICAGO - An Illinois federal judge on Feb. 20 stayed a borrower's action against several banks pending the outcome of foreclosure proceedings, finding that both cases were parallel and arose from the same issues (Miguel Nieves v. Bank of America, N.A., et al., No. 14-cv-2300, N.D. Ill.; 2015 U.S. Dist. LEXIS 20383).

    Mealey's Labor & Employment - High Court Denies Review Of 3rd Circuit Reimbursement Ruling

    WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 23 let stand a Third Circuit U.S. Court of Appeals ruling that a multiemployer welfare benefits plan may seek reimbursement of health benefits paid on behalf of a plan participant who later received a third-party settlement because the plan language established an equitable lien by agreement (Bernard McLaughlin v. Board of Trustees of the National Elevator Industry Health Benefit Plan, No. 14-626, U.S. Sup.).

    Mealey's IP/Tech - 6th Circuit Reverses Trademark Abandonment Holding

    CINCINNATI - An Ohio federal judge's determination that a trademark plaintiff abandoned any right to the mark through non-use and a corresponding order canceling the mark registration were reversed Feb. 20 by the Sixth Circuit U.S. Court of Appeals (NetJets Inc. v. IntelliJet Group LLC, No. 14-3118, 6th Cir.; 2015 U.S. App. LEXIS 2621).

    Mealey's Insurance - U.S. Supreme Court Denies Claimant's Petition In Denial Of Benefits Suit

    WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 23 denied a disability claimant's petition for writ of certiorari challenging the 11th Circuit U.S. Court of Appeals' decision that a disability insurer was not required to consider additional documentation the claimant submitted after her appeal was denied by the insurer (Sharon Blair v. Metropolitan Life Insurance Co., No. 14-670, U.S. Sup.).

    Mealey's Labor & Employment - High Court Will Not Review Preemption Ruling In Subrogation Case

    WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 23 declined to review a Second Circuit U.S. Court of Appeals ruling that the Employee Retirement Income Security Act does not preempt a New York state anti-subrogation law that prohibits insurers from obtaining reimbursement of medical benefits from participants' tort settlements (The Rawlings Company, et al. v. Megan Wurtz, et al., No. 14-487, U.S. Sup.).

    Mealey's Labor & Employment - High Court Review Denied Of Prejudice Requirement To Deemed-Exhaustion Exception

    WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 23 let stand a 10th Circuit U.S. Court of Appeals ruling that even though a disability plan's summary plan description (SPD) did not comply with the notice and disclosure requirements of the Employee Retirement Income Security Act because it described only one level of internal review, a claimant's case was properly dismissed for failure to exhaust administrative remedies because she did not establish that the SPD's deficiencies caused her failure to pursue a second-level internal review (Lucrecia Caprio Holmes v. Colorado Coalition for the Homeless Long Term Disability Plan, No. 14-551, U.S. Sup.).

    Mealey's Labor & Employment - U.S. Supreme Court Denies Cert In Suit Over Section 1983 Age Bias Claim

    WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 23 denied writ of certiorari in an appeal over whether the Age Discrimination in Employment Act (ADEA) is the exclusive remedy for age bias in employment (Anthony Hildebrand v. Allegheny County, Pennsylvania, et al., No. 14-363, U.S. Sup.).

    Mealey's Labor & Employment - High Court Grants Cert, Remands Stock-Drop Case In Light Of Fifth Third

    WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 23 remanded for further consideration in light of Fifth Third Bancorp v. Dudenhoeffer the 11th Circuit U.S. Court of Appeals' unpublished opinion affirming the dismissal of Employee Retirement Income Security Act breach of fiduciary duty claims by participants in an employee stock ownership plan (ESOP) sponsored by Delta Air Lines Inc. (Dennis Smith, et al. v. Delta Air Lines Inc., et al., No. 14-696, U.S. Sup.).

    Mealey's Insurance - Illinois Majority: Innocent Insured Doctrine Inapplicable; Rescission Was Proper

    SPRINGFIELD, Ill. - A majority of the Illinois Supreme Court found Feb. 20 that a professional liability insurance policy was properly rescinded for a material misrepresentation made by an attorney and an appeals court erred when it applied the innocent insured doctrine and partially served the policy to preserve coverage for the attorney's partner (Illinois State Bar Association Mutual Insurance Co. v. Law Office of Tuzzolino and Terpinas et al., No. 117096, Ill. Sup.; 2015 Ill. LEXIS 304).

    Mealey's PI/Product Liability - U.S. High Court Won't Review Preemption Of Nonwarning Claims For Generic Drugs

    WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 23 denied review of federal appeals court ruling that nonwarning claims involving the generic heartburn drug metoclopramide are preempted (Mary K. Moretti v. Wyeth, Inc., No. 14-6319, U.S. Sup.).

    Mealey's Litigation Procedure - ICSID Allows WHO To File Submissions In Tobacco Case

    WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Feb. 23 released its decision allowing the World Health Organization (WHO) and the WHO's Framework Convention on Tobacco Control (WHO FCTC, or FCTC) Secretariat to file submissions in a dispute between Philip Morris entities and the Oriental Republic of Uruguay (Philip Morris Brand Sarl [Switzerland], Philip Morris Products S.A. [Switzerland] and Abal Hermanos S.A. [Uruguay] v. Oriental Republic of Uruguay, No. ARB/10/7, ICSID).