LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Federal Judge Bars Opinion On Policies, Practices For Cleaning Spills At Airport

SEATTLE - In a slip-and-fall case, an expert may testify as to the nature of an airport's floors when they become wet but cannot testify about the policies and practices for detecting and cleaning up spills, a Washington federal judge ruled Dec. 2 (Evelyne Suzanne Sudre, et al. v. The Port of Seattle...

Mealey's Insurance - Trust Did Not Have The Authority To Make Claims Decisions, Kentucky Panel Says

FRANKFORT, Ky. - The Kentucky Court of Appeals on Dec. 2 affirmed the dismissal of two disability claimants' amended complaints after finding that the claimants could not assert their claims against the trust that administered their employer's disability plan because the trust did not possess...

Mealey's Litigation Procedure - ICSID Grants Dismissal For Indonesia, Orders Mining Company To Pay $9.4M

WASHINGTON, D.C. - An English mining company on Dec. 7 announced that a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) has granted an application filed by the Republic of Indonesia to dismiss arbitration claims asserted against it related to the revocation of mining...

Mealey's PI/Product Liability - Sperm Donor MDL Denied By Federal Judicial Panel; Minimal Cases Cited

WASHINGTON, D.C. - Six federal lawsuits alleging that a sperm bank misrepresented the qualities of a donor do not need to be centralized in a multidistrict litigation, the Judicial Panel on Multidistrict Litigation (JPMDL) ruled Dec. 7 (In Re: Xytex Corporation Sperm Donor Products Liability Litigation...

Mealey's PI/Product Liability - Invokana Diabetes Drug MDL Created, Assigned To Judge Martinotti In New Jersey

WASHINGTON, D.C. - Almost 100 federal lawsuits alleging that the diabetes drug Invokana causes diabetic ketoacidosis and kidney damages were centralized Dec. 7 before Judge Brian R. Martinotti of the U.S. District Court for the District of New Jersey (In Re: Invokana [Canagliflozin] Products Liability...

Mealey's Banking & Finance - 10th Circuit Affirms Bankruptcy Court's Dismissal Of Fraudulent Transfer Claims

DENVER - The 10th Circuit U.S. Court of Appeals on Dec. 6 affirmed a bankruptcy court's decision to enter summary judgment against a debtor in relation to the sale of a property, finding that its claims for fraudulent transfer of the loan failed (In re: Expert South Tulsa LLC, Steven R. Rebein, Chapter...

Mealey's IP/Tech - Federal Circuit Vacates, Remands Invalidation Of Spinal Fusion Patent

WASHINGTON, D.C. - The Patent Trial and Appeal Board (PTAB) erred in deeming various claims of a spinal infusion patent invalid because it "failed to articulate a reason why" a person having ordinary skill in the art (PHOSITA) would have been motivated to modify and combine various prior art...

Mealey's Banking & Finance - 9th Circuit Affirms Ruling For Wells Fargo On Mortgage Lending Claims

PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on Dec. 6 affirmed a district court's decision to grant summary judgment on claims for violation of California's unfair competition law (UCL), negligence, wrongful foreclosure and other claims asserted against Wells Fargo Bank N.A., finding...

Mealey's Insurance - Judge Rejects Insureds' Breach Of Contract Arguments In Bad Faith Suit

LOS ANGELES - Summary judgment is warranted against insureds in an insurance breach of contract and bad faith lawsuit because the insureds have failed to show that their insurer breached its contract in failing to pay their claims for benefits or denied their requests for a defense or indemnification...

Mealey's PI/Product Liability - Summary Judgment Partially Granted In C.R. Bard Pelvic Mesh Case

CHARLESTON, W.Va. - The West Virginia federal judge overseeing the C.R. Bard Inc. pelvic mesh multidistrict litigation on Dec. 6 granted partial summary judgment in the case of a Connecticut plaintiff but denied summary judgment on the issue of punitive damages and other claims (Penny Havanick v. C.R...

Mealey's Insurance - Insured's Bad Faith Claim Lacks Factual Support, Judge Rules

OKLAHOMA CITY - An insured's insurance bad faith counterclaim was dismissed Dec. 5 after a federal judge in Oklahoma ruled that the insured failed to plead its counterclaim with any facts to support it (Employers Mutual Casualty Co. v. W-W Trailer Manufacturers, d/b/a W.W. Trailer Manufacturing,...

Mealey's Litigation Procedure - Sprint Loses Motions To Bar Damages Experts In Patent Suits Against Comcast, Time Warner

KANSAS CITY, Kan. - A Kansas federal judge on Dec. 5 denied Sprint Communications Co. L.P. its attempts to exclude damages and patent experts in two consolidated patent infringement lawsuits filed against Comcast Cable Communications LLC and Time Warner Cable Inc. (TWC) (Sprint Communications Company...

Mealey's Insurance - Lack Of Factual Allegations Dooms Bad Faith Claim, Federal Judge Rules

PHILADELPHIA - Dismissal an insured's bad faith claim against his insurer for failure to pay uninsured motorist benefits pursuant to an automobile insurance policy is proper because the insured failed to state any factual allegations to support his bad faith claim, a federal judge in Pennsylvania...

Mealey's Toxic Tort/Environmental - Florida Appellate Panel Remands Engle Suit To Disqualify Plaintiff's Attorney

WEST PALM BEACH, Fla. - A Florida appellate panel on Dec. 7 found a trial court erred in denying Philip Morris USA Inc.'s motion to dismiss the law firm representing her because one of her attorneys previously represented Philip Morris in similar lawsuits, which prevents him from being the plaintiff's...

Mealey's Securities/D&O Liability - Broker-Dealer, Former Executive To Pay More Than $24.5M To Settle SEC Lawsuit

MILWAUKEE - Broker-dealer Stifel, Nicolaus & Co. Inc. and its former senior vice president will pay more than $24.5 million and admit wrongdoing in connection with their role in a scheme to sell synthetic collateralized debt obligations (CDOs) to five Wisconsin school districts in violation of federal...

Mealey's PI/Product Liability - C-Qur Surgical Mesh MDL Created, Sent To Judge McCafferty In New Hampshire

WASHINGTON, D.C. - Twenty-one federal lawsuits in which plaintiffs allege that they suffered an inflammatory reaction to the C-Qur surgical mesh patch were centralized Dec. 8 in a multidistrict litigation before U.S. Judge Landya B. McCafferty of the District of New Hampshire (In Re: Atrium Medical Corp...

Mealey's PI/Product Liability - 6 Former Insys Executives Indicted For Paying Kickbacks For Opioid Scripts

BOSTON - Six former executives and managers of drug maker Insys Therapeutics Inc. were indicted Dec. 6 for racketeering, mail fraud and wire fraud conspiracy for allegedly bribing medical practitioners to prescribe Subsys, a fentanyl-containing pain drug, and for defrauding medical insurers, according...

Mealey's PI/Product Liability - 8th Circuit Affirms Denial Of New Trial For Man Injured By Farming Equipment

ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on Dec. 7 affirmed the denial of a motion for a new trial after finding that the trial court correctly denied an injured man's proposed jury instruction for premises liability in a negligence suit (James Lasley v. Running Supply Inc., No. 15-3351...

Mealey's Toxic Tort/Environmental - Newspaper's Motion To Intervene In CERCLA Suit Untimely, Judge Finds

BUTTE, Mont. - A federal judge in Montana on Dec. 7 denied a motion filed by a newspaper publisher and an environmental group seeking to intervene in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) lawsuit between the government and Atlantic Richfield Co. (ARCO) to gain...

Mealey's Toxic Tort/Environmental - Judge: Asbestos Document Request Overly Broad, But Some Production Warranted

PHILADELPHIA - A company's failure to comply with a state court motion to compel does not warrant sanctions because the request is overly broad, but going forward, the company must produce documents relevant to product identification testimony in an asbestos case, a federal magistrate judge held...

Mealey's Insurance - Judge: Firms' Contingency Fees Were Reasonable, Orders Woman To Pay Restitution

ALBUQUERQUE, N.M. - A federal judge in New Mexico on Dec. 6 ordered a woman who pleaded guilty to disability insurance fraud and wire fraud to pay two beneficiaries of an estate more than $100,000 in restitution, finding that the contingency fees charged by a research firm and a law firm they hired to...

Mealey's Litigation Procedure - Judge Grants In Part, Denies In Part Motions To Exclude Testimony In Discrimination Suit

CHICAGO - An Illinois federal judge on Dec. 8 addressed several motions to exclude testimony prior to a trial date set in a doctor's lawsuit against a university for discrimination that resulted in her contract not being renewed (Dr. Maria Artunduaga v. The University of Chicago Medical Center, No...

Mealey's Litigation Procedure - Defendants' Venue Transfer Request Granted In Suit Over Loan Guarantees

HUNTINGTON, W.Va. - A West Virginia federal judge on Dec. 7 granted a motion filed by the defendants in a suit over the terms of loan guarantees to transfer a class complaint to a Virginia federal court that the defendants argue, in part, will hear the case more quickly (Jason Vanden Heuvel, et al. v...

Mealey's Bankruptcy - Canadian Boards Can Delay Voting On Garlock Plan Pending Settlement Ruling

CHARLOTTE, N.C. - Canada's 10 provincial workers' compensation boards on Dec. 9 got more time from a North Carolina federal bankruptcy judge to vote on the Chapter 11 plan for Garlock Sealing Technologies LLC so they can finalize a $20 million settlement with the debtor and related companies...

Mealey's Insurance - 1st Circuit Affirms Homeowners Insurer Has No Duty To Defend

BOSTON - The First Circuit U.S. Court of Appeals on Dec. 7 found that a homeowners insurance policy draws a clear distinction between an insurer's duty to defend that applies to suits alone and the insurer's right to investigate that applies to both suits and claims, affirming a lower federal...