LexisNexis® Legal Newsroom
Mealey's Insurance - No Coverage Owed For Sewage Discharge, Louisiana Appeals Panel Determines

BATON ROUGE, La. - The First Circuit Louisiana Court of Appeal on Jan. 11 affirmed a trial court's ruling that no coverage is afforded under an auto policy for the discharge of raw sewage into a home caused by a pumping system attached to the insured's truck because the policy excludes coverage...

Mealey's Securities/D&O Liability - Deutsche Bank To Pay $7.3B For Misleading Investors In Sale Of RMBS

WASHINGTON, D.C. - Deutsche Bank AG and its current and former subsidiaries and affiliates and ACE Securities Corp. will pay $7.2 billion in civil penalties and relief to homeowners and others to settle claims that it misrepresented investors regarding the investment quality of residential mortgage-backed...

Mealey's Securities/D&O Liability - Moody's To Pay $864M To Settle Claims It Provided Compromised Credit Ratings

WASHINGTON, D.C. - Moody's Corp. and two of its subsidiaries (collectively, Moody's) will pay approximately $864 million to settle claims with the Department of Justice, 21 states and the District of Columbia arising from the ratings agency's role in providing compromised credit ratings for...

Mealey's PI/Product Liability - Drug Distributor McKesson Pays $150M, Suspends Some Sales For Opioid Orders

WASHINGTON, D.C. - Drug distributor McKesson Corp. will pay a $150 million civil penalty and will suspend sales of controlled substances in three states for alleged repeated violations of the Controlled Substances Act, the U.S. Justice Department said in a Jan.17 press release.

Mealey's IP/Tech - Summary Judgment In Favor Of Patent Defendant Reversed By Federal Circuit

WASHINGTON, D.C. - Disputed issues of material fact should have precluded a Florida federal judge from granting Ericsson Inc. a summary judgment that it does not infringe two patents relating to bandwidth allocation, a divided Federal Circuit U.S. Court of Appeals ruled Jan. 17 (Wi-LAN USA Inc. v. Ericsson...

Mealey's Insurance - Judge Affirms Earlier Ruling That Fraud Scheme Netted $2.9M In Losses

NEW YORK - A federal judge in New York, who was ordered by the Second Circuit U.S. Court of Appeals to provide more detailed findings on the intended loss of an insurance fraud scheme that involved the redistribution of drugs originally provided to HIV and AIDS patients, on Jan. 17 affirmed his earlier...

Mealey's Toxic Tort/Environmental - Judge Trims Claims From City's Suit Over Manufactured Gas Waste Contamination

CHICAGO - An Illinois city cannot seek civil penalties under the Resource Conservation and Recovery Act (RCRA) against two companies that owned a manufactured gas facility, a federal judge in Illinois ruled Jan. 17, holding that the city did not allege that the companies violated subchapter III of the...

Mealey's Insurance - Judge Says Ruling That Document Was Privileged Was Not Clearly Erroneous

SYRACUSE, N.Y. - A federal judge in New York on Jan. 13 denied a reinsurer's challenge to a magistrate judge's ruling, finding that the magistrate judge's finding that a certain document was privileged was not clearly erroneous (Utica Mutual Insurance Company v. Munich Reinsurance America...

Mealey's Insurance - Plaintiff's Claims Are Preempted By ERISA, Illinois Federal Judge Says

CHICAGO - An Illinois federal judge on Jan. 12 denied a plaintiff's motion to remand after determining that her state law claims arising out of the disclosure of medical records without consent are preempted by the Employment Retirement Income Security Act (Jane Doe v. Aetna Inc., et al., No. 16...

Mealey's PI/Product Liability - No Settlement Of Surgical Gown State Class Action Ahead Of March 28 Trial

LOS ANGELES - Seventy-two days before the start of a California class action trial involving MicroCool surgical gowns, the parties on Jan. 16 reported to a California federal judge that "[d]espite the best efforts of the parties, they have been unable to settle the case" (Hrayr Shahinian, M...

Mealey's Labor & Employment - California Woman Files Class Action Over Denial Of Breastfeeding Support

OAKLAND, Calif. - A California woman on Jan. 13 filed a class action complaint in federal court alleging that she and other women have been wrongfully denied access to and coverage for a vital women's preventive service - breastfeeding support, supplies and counseling - for which coverage is mandated...

Mealey's Litigation Procedure - PCA Holds Hearing On Jurisdiction, Announces Russia Did Not Participate

THE HAGUE, Netherlands - The Permanent Court of Arbitration (PCA) on Jan. 13 issued various updates in an arbitration commenced by numerous real estate entities against the Russian Federation in relation to an alleged real estate investment in Crimea, announcing that the Russian Federation did not participate...

Mealey's Securities/D&O Liability - State Street To Pay Over $64M To Settle Justice Department, SEC Fraud Charges

WASHINGTON, D.C. - State Street Corp. will pay more than $64 million in criminal penalties to the U.S. Department of Justice and the Securities and Exchange Commission to settle charges that it engaged in a scheme to defraud a number of its clients by "secretly applying commissions to billions of...

Mealey's Insurance - Panel Certifies 2 Questions To N.Y. High Court In Dispute Arising From 9/11 Attacks

NEW YORK - The Second Circuit U.S. Court of Appeals on Jan. 19 certified two questions to the New York Court of Appeals in a dispute over whether a public benefit corporation has the capacity to challenge as unconstitutional a New York statute that revived claims against public corporations for personal...

Mealey's Labor & Employment - States Urge 5th Circuit To Uphold Injunction Barring DOL Wage Rule

NEW ORLEANS - The state of Nevada and 20 other states filed a brief on Jan. 17 asking the Fifth Circuit U.S. Court of Appeals to uphold a nationwide preliminary injunction barring the U.S. Department of Labor (DOL) wage rule that was to increase the minimum salary level for executive, administrative...

Mealey's Labor & Employment - High Court Will Not Hear Issue Of Forum-Selection Clause In ERISA Disability Plan

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 17 denied review of a ruling by the Eighth Circuit U.S. Court of Appeals that enforced a forum-selection clause in a disability plan governed by the Employee Retirement Income Security Act (Lorna Clause v. U.S. District Court for the Eastern District...

Mealey's Labor & Employment - High Court Will Not Weigh In On Application Of Single-Employer Doctrine

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 17 let stand a Seventh Circuit U.S. Court of Appeals ruling that reversed the grant of summary judgment to four carpenter union fringe benefit funds that alleged that a general contractor failed to pay fringe benefits for work performed by nonunion labor...

Mealey's IP/Tech - 9th Circuit: Dismissal Of Karaoke Company's Trademark Case Was Proper

SAN FRANCISCO - Allegations by a karaoke music producer that a defendant's practice of "media-shifting" karaoke tracks from physical compact discs to digital files violates the Lanham Act were correctly dismissed by an Arizona federal judge, the Ninth Circuit U.S. Court of Appeals ruled...

Mealey's PI/Product Liability - Genuine Issues Exist As To When Masonry Defects Were Discovered, Judge Finds

BALTIMORE - A federal judge in Maryland on Jan. 17 denied a masonry subcontractor's motion for summary judgment in a breach of contract suit, ruling that genuine issues of fact remain as to when potential defects in the installation of a masonry facade that collapsed in April 2013 were known (Skanska...

Mealey's Toxic Tort/Environmental - Deal Reached To Clean Up Shuttered Uranium Mines On Navajo Lands

PHOENIX - The Navajo Nation and the United States have agreed to settle their claims against two mining companies for cleanup of 94 abandoned uranium mines on Navajo lands, with the companies performing the work and the United States contributing about half the estimated $600 million in costs, according...

Mealey's Insurance - Texas Federal Judge Dismisses Gender Identity Discrimination Claims

DALLAS - A Texas federal judge on Jan. 13 dismissed claims alleging gender identity discrimination under Section 1557 of the Patient Protection and Affordable Care Act (ACA) against an insurer and an employer because the plaintiff failed to cite any controlling precedent that recognizes a cause of action...

Mealey's Insurance - Judge: Insurer Failed To Show That Bifurcation Is Necessary In Bad Faith Suit

COLUMBUS, Ohio - An insurer's "mere assertion" that simultaneously litigating an insurance bad faith claim with other claims in an insurance dispute will require it to prematurely divulge privileged information is not sufficient to require bifurcation and a stay of the bad faith claim,...

Mealey's Litigation Procedure - Pennsylvania Court Vacates Class Certification Denials In Oil Lease Disputes

HARRISBURG, Pa. - The Pennsylvania Superior Court on Jan. 17 in a single opinion vacated orders denying class certification in two substantially similar complaints alleging that oil and gas leases were breached and payments were never made, finding that the trial court abused its discretion in denying...

Mealey's PI/Product Liability - Michigan Appeals Panel Finds Hazard Open And Obvious In Premises Liability Suit

LANSING, Mich. - A Michigan appellate panel on Jan. 17 found that a sunken drainage ditch on a gas station's property that caused injury to a biker was an open and obvious hazard and remanded the suit to the trial court with an order to grant summary judgment to the gas station owner (William Basacchi...

Mealey's Litigation Procedure - 2nd Circuit Vacates Decision Refusing To Enforce $48M ICC Award

NEW YORK - The Second Circuit U.S. Court of Appeals on Jan. 18 vacated a district court's decision to refuse enforcement of a $48 million arbitral award issued by the International Chamber of Commerce's (ICC) International Court of Arbitration, finding that a group of Brazilian companies was...