LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Florida Jury Finds For Ford In Air Bag Defect Lawsuit

WEST PALM BEACH, Fla. - A Florida jury on July 18 found in favor of Ford Motor Co. Inc. in a suit in which the plaintiff claimed that the automaker negligently installed an air bag with a manufacturing defect that caused a fatal car crash (Ramon Llera v. Ford Motor Co. Inc., No. 2005CA001924, Fla. 15th...

Mealey's PI/Product Liability - Illinois Appeals Panel Upholds Defense Verdict In Medical Negligence Suit

CHICAGO - An Illinois appeals panel on July 17 affirmed a defense verdict in a medical negligence suit after finding that the trial court did not err in barring certain testimony from the plaintiff's expert witness and in refusing to give the jury an instruction on contributory negligence (Zbigniew...

Mealey's Litigation Procedure - Split 5th Circuit Affirms Exclusion Of False Confession Testimony In Murder Case

NEW ORLEANS - A divided Fifth Circuit U.S. Court of Appeals panel on July 17 upheld the denial of federal habeas relief for a man convicted of killing a motorist who stopped to give him a ride, with the majority affirming several trial court rulings, including the exclusion of the defendant's expert...

Mealey's PI/Product Liability - Pennsylvania Appeals Panel Upholds Defense Verdict In Medical Malpractice Suit

HARRISBURG, Pa. - A Pennsylvania Superior Court panel on July 18 upheld a defense verdict in favor of a hospital and a university that sent students to be residents at the hospital in a medical malpractice suit after finding that the trial court did not err in excluding the plaintiff's expert witness...

Mealey's IP/Tech - Judge Partially Dismisses Claims Against Google In Trade Secrets Suit

SAN JOSE, Calif. - A federal judge in California on July 14 granted in part and denied in part Google's motion to dismiss state and federal misappropriation of trade secrets claims from a lawsuit, ruling that a wireless services and solutions firm has failed to show how Google's actions violated...

Mealey's Insurance - Full, Timely Payment Of Appraisal Award Leads To Dismissal Of Insurance Dispute

HOUSTON - Dismissal of an insured's insurance breach of contract claim against his insurer is proper because the insurer made a full and timely payment of benefits following the issuance of an appraisal award in a homeowners insurance dispute, a federal judge in Texas ruled July 14 in granting the...

Mealey's Litigation Procedure - 11th Circuit Finds Questions Of Venue Must Be Determined By Arbitrator

ATLANTA - The 11th Circuit U.S. Court of Appeals on July 17 affirmed a district court's ruling to confirm an arbitral award issued in favor of a U.S. development company, finding that questions of arbitral venue are for an arbitrator to decide (Bamberger Rosenheim Ltd. v. OA Development Inc., No...

Mealey's Insurance - Federal Bankruptcy Judge Strikes Foreign Specialty Reinsurer's $15M Bond

NEW YORK - A foreign specialty reinsurer must post a new $15 million bond as part of its attempt to arbitrate a coverage dispute in Bermuda, a New York federal bankruptcy judge ruled July 17, granting a defunct brokerage company's motion to strike the current bond as defective (In re: MF Global Holdings...

Mealey's Insurance - 2nd Circuit Panel Remands Judgment In Contamination Dispute For Proper Allocation

NEW YORK - The Second Circuit U.S. Court of Appeals on July 18 vacated and remanded a judgment entered against an insurer in an environmental contamination coverage dispute after determining that the damages must be allocated in accordance with the all sums, vertical exhaustion method outlined in a 2016...

Mealey's Labor & Employment - Massachusetts High Court: Employee Fired For Using Medical Marijuana May Sue

BOSTON - An employee who was fired after testing positive for marijuana due to her lawful medical use of the drug may sue her former employer for handicap discrimination in violation of Massachusetts' medical marijuana act, the Massachusetts Supreme Judicial Court ruled July 17 (Cristina Barbuto...

Mealey's Toxic Tort/Environmental - 5th Circuit: Business Owners Cannot Seek Lost Wages Under BP Settlement

NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on July 19 affirmed a federal judge's ruling to uphold an appeal denying individual economic loss (IEL) claims submitted by three corporate officers of an architectural firm to the Court Supervised Settlement Program (CSSP) for the Deepwater...

Mealey's PI/Product Liability - Actos MDL Judge Approves $166M In Common Benefit Fees

LAFAYETTE, La. - The Louisiana federal judge overseeing the Actos bladder injury multidistrict litigation on July 17 approved plaintiffs' common benefit fees totaling $166.8 million and costs totaling $14.85 million (In Re: Actos, No. 11-md-2299, W.D. La., Lafayette Div., 2017 U.S. Dist. LEXIS 110956...

Mealey's Securities/D&O Liability - 2nd Circuit Overturns Convictions In Rabobank LIBOR Criminal Proceedings

NEW YORK - In what the Second Circuit U.S. Court of Appeals is calling the first criminal appeal related to the London Interbank Offered Rate (LIBOR) to reach a federal appellate court, the appeals court on July 19 overturned the convictions of two former employees of Cooperatieve Centrale Raiffeisen...

Mealey's IP/Tech - Federal Circuit Sides With Licensee, Deems Velcade Patent Valid

WASHINGTON, D.C. - A Delaware federal judge's determination of invalidity with regard to various claims of a patented product for the treatment of multiple myeloma and mantle cell lymphoma was erroneous, the Federal Circuit U.S. Court of Appeals ruled July 17 (Millennium Pharmaceuticals Inc. v. Sandoz...

Mealey's IP/Tech - Appeals Court: Federal Judge Construed Patent Claims Erroneously

WASHINGTON, D.C. - A jury verdict of patent infringement was reversed and remanded by a divided Federal Circuit U.S. Court of Appeals on July 19 after the majority found that a Texas federal judge erroneously construed the disputed claim terms "replacement telephone number," "modify caller...

Mealey's Toxic Tort/Environmental - Judge: Cumulative Exposure, 'Every Exposure' Theories Are Equally Inadmissible

BALTIMORE - Expert testimony that asbestos "cumulates" in the body and leads to disease is indistinguishable from the theory that every exposure to asbestos leads to disease and is inadmissible under federal rules and Daubert v. Merrell Dow Pharm., Inc., a federal judge in Maryland held July...

Mealey's PI/Product Liability - Connecticut Federal Jury Awards $2.8 Million To Family Of Girl In GM Car Crash

NEW HAVEN, Conn. - A federal jury in Connecticut on July 17 found that General Motors LLC failed to warn about a "known or knowledgeable danger" in one of its vehicles and awarded the family of a girl who died when the car started rolling on its own $2.8 million (Bernard Pitterman, et al. v...

Mealey's Toxic Tort/Environmental - Judge: Court, Not Jury Will Decide Penalty For Violating Clean Air Act

PEORIA, Ill. - A federal judge in Illinois on July 18 denied a request by defendant companies seeking to have a jury decide if they should pay a civil penalty for violating the Clean Air Act (CAA), finding that the statute specifically states that the court will assess what penalty should be imposed...

Mealey's Toxic Tort/Environmental - New York Justice Denies Stay While Defendants Appeal New Asbestos CMO

NEW YORK - The justice recently appointed to oversee the New York City asbestos litigation (NYCAL) said July 18 that he would not stay implementation of the case management order (CMO) issued by the previous coordinating justice while the defendants appeal, sources told Mealey Publications (In re: New...

Mealey's Insurance - Judge Declines To Allow Amendment To Add LIGA To Personal Injury Lawsuit

NEW ORLEANS - A Louisiana federal judge on July 19 refused to allow two insureds leave to amend their complaint to add Louisiana Insurance Guaranty Association (LIGA) as a defendant in substitute for an insolvent insurer in their personal injury lawsuit (Sherry Landry, et al. v. Circle K Stores Inc....

Mealey's Litigation Procedure - John Doe Virtual Currency User May Intervene In IRS Summons For Users' Records

SAN FRANCISCO - A John Doe customer of a virtual currency firm has established his interest in an Internal Revenue Service enforcement action seeking personal records of the firm's customers, a California federal magistrate judge ruled July 18, granting the Doe's motion to intervene and oppose...

Mealey's Toxic Tort/Environmental - Court Allows Widow To Add Claims To Suit Over Missing Asbestos Payment

NEW YORK - A widow may add claims for declaratory judgment and tortious interference with contract to her case claiming that insurers and an administrator are intentionally delaying or denying payment on a more than $7 million asbestos verdict, a New York justice held in an opinion posted July 18 (Ruby...

Mealey's Insurance - Judge Denies Reconsideration Of Confirmation Of Arbitration Award In Reinsurance Suit

BRIDGEPORT, Conn. - Refusing to reconsider the confirmation of a clarified arbitration award that requires a reinsurer to pay up to an additional $18 million in reinsurance proceeds to an insurer, a Connecticut federal judge on July 18 held that he lacked the authority to issue a judgment for a sum certain...

Mealey's Litigation Procedure - PCA Orders Russia To Pay $6.2M For Violations Of U.N. Convention

THE HAGUE, Netherlands - A tribunal for the Permanent Court of Arbitration (PCA) on July 18 announced that it has issued an award on compensation in an arbitration commenced by the Netherlands against the Russian Federation in relation to the unauthorized seizure of a vessel, ordering Russia to pay the...

Mealey's Insurance - DOJ: 3 Companies, Executives To Pay $19.5M For False Billing

CINCINNATI - Three companies and their executives have agreed to pay $19.5 million for allegedly violating the False Claims Act (FCA) by billing Medicare for medically unnecessary rehabilitation therapy and hospice services, the U.S. Department of Justice announced July 18 (United States, ex rel. Trakhter...