LexisNexis® Legal Newsroom
Mealey's Insurance - 2nd Circuit Ends $7.8M Appeal Of Reinsurance Judgment Debtor

NEW YORK - The Second Circuit U.S. Court of Appeals on Feb. 21 acknowledged a stipulation and ended the appeal of a judgment debtor that opposed a $7.8 million lower court ruling against it (AmTrust North America, Inc. and Technology Insurance Company, Inc., as judgment creditors of Pacific Re, Inc....

Mealey's Securities/D&O Liability - Panel: Alleged Misstatements In Securities Class Action Were Forward-Looking

CINCINNATI - A federal district court did not err in dismissing a securities class action lawsuit because shareholders failed to plead scienter and the defendants' alleged misleading statements were forward-looking and protected, a Sixth Circuit U.S. Court of Appeals panel ruled Feb. 21 in affirming...

Mealey's Litigation Procedure - 8th Circuit Affirms Daubert, Evidence Suppression Rulings In Child Porn Case

OMAHA, Neb. - A trial court properly found that a procedural notice error in the application of a warrant that led to a child pornography conviction did not prejudice the defendant, an Eighth Circuit U.S. Court of Appeals panel ruled Feb. 17, upholding the denial of the defendant's motion to suppress...

Mealey's Litigation Procedure - 7th Circuit: No Jurisdiction Over Where Individual Offer Of Judgment Was Accepted

CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on Feb. 17 dismissed the appeal of a trial court's denial of class certification in a lawsuit alleging unlawful detention by an Illinois city, finding that it lacked jurisdiction after the named plaintiff accepted an individual offer of judgment...

Mealey's Toxic Tort/Environmental - Judge: Tainted Groundwater Case Valid; Damages Allowed Against Some Defendants

NEW ORLEANS - A federal judge in Louisiana on Feb. 21 partially granted and partially denied motions to dismiss claims brought by a class of residents who contend that Chevron USA Inc. and related companies are liable for contaminating their groundwater with naturally occurring radioactive material ...

Mealey's PI/Product Liability - Federal Murder Trial In NECC Fungal Meningitis Trial Passes 1-Month Mark

BOSTON - The federal murder trial of the former president and chief pharmacist of the New England Compounding Center (NECC) on Feb. 21 passed its 30th day of testimony on Nov. 21 with the government presenting its 33rd witness (United States of America v. Barry J. Cadden, et al., No. 14-10363, D. Mass...

Mealey's PI/Product Liability - Louisiana Appeals Court: Family's Claims Perempted By New Home Warranty Act

BATON ROUGE, La. - A Louisiana appeals panel on Feb. 17 affirmed rulings awarding summary judgment to a home builder and its insurer, finding that a family's allegations that defective workmanship caused a fire that destroyed the home were perempted by the New Home Warranty Act (NHWA) (James E. Shields...

Mealey's Litigation Procedure - High Court Rejects Czech Republic's Petition For Review Of Award

WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 21 denied a petition for writ of certiorari filed by the Czech Republic-Ministry of Health, which sought review of an appellate court decision that reversed the denial of a petition to confirm a $325 million arbitral award in favor of a Liechtenstein...

Mealey's Litigation Procedure - ICSID Continues Stay Of Enforcement Of $48M Award Against Bolivia

WASHINGTON, D.C. - An ad hoc Committee for the International Centre for Settlement of Investment Disputes (ICSID) on Feb. 22 released its decision to deny a request by two entities to lift a stay of enforcement of a $48,619,578 arbitral award issued in their favor, continuing the stay until pending annulment...

Mealey's IP/Tech - Federal Circuit Affirms Outcome Of Inter Partes Review Of Drug Patent

WASHINGTON, D.C. - Findings by the Patent Trial and Appeal Board that eight claims of a patent directed to vehicles for drug delivery are unpatentable as obvious were upheld Feb. 21 by the Federal Circuit U.S. Court of Appeals (In re: Depomed Inc., No. 16-1378, Fed. Cir., 2017 U.S. App. LEXIS 2900).

Mealey's PI/Product Liability - Georgia Jury Awards $45.8 Million To Plaintiff In Medical Malpractice Suit

ATLANTA - A Georgia jury on Feb. 22 awarded $45.8 million to a woman and her family after finding that two doctors and the hospital where she gave birth were responsible for her brain damage, which left her completely disabled (Keith Traube v. Atlanta Women's Specialist, et al., No. 14-EV-001821...

Mealey's Toxic Tort/Environmental - Judge: Previous Settlements Do Not Bar Government's Cost Recovery Suit

OKLAHOMA CITY - The federal government's previous settlements with the former owner of a now-defunct oil refinery site that contributed to contamination of the Skull Creek in Cushing, Okla., does not bar it from pursuing a cost recovery claim under the Comprehensive Environmental Response, Compensation...

Mealey's Toxic Tort/Environmental - Wrongful Death Act Requires Couple Be Married At Time Of Injury, Court Says

WEST PALM BEACH, Fla. - The state's Wrongful Death Act does not permit a widow's wrongful death loss of consortium claim arising from asbestos exposure occurring before the couple's marriage, a divided Florida court held Feb. 22 (Janis Kelly, et al. v. Georgia-Pacific LLC, et al., No. 4D15...

Mealey's Insurance - Federal Judge Dismisses Insurer's Suit Alleging Trade Secret Misappropriation

ATLANTA - A federal judge in Georgia on Feb. 22 held that an insurer has failed to show that defendants misappropriated trade secrets to establish a competing business or that they violated the Computer Fraud and Abuse Act (CFAA), dismissing the insurer's lawsuit with prejudice (HCC Insurance Holdings...

Mealey's Toxic Tort/Environmental - Judge: Seattle's Case Against Monsanto Valid; PCB Design Defect Claim Dismissed

SEATTLE - A federal judge in Washington on Feb. 22 dismissed one cause of action but ruled that the majority of claims brought by the city of Seattle against Monsanto Co. for allegedly contaminating its groundwater with polychlorinated biphenyls (PCBs) were valid (City of Seattle v. Monsanto Company...

Mealey's Litigation Procedure - Class Suit Over Insurance Payments For Diminished Values Is Kept In Federal Court

WASHINGTON, D.C. - A District of Columbia federal judge on Feb. 22 denied a motion to remand a class complaint accusing an insurer of breach of contract for failing to pay its insureds for the diminished value of their vehicles, finding that the amount in controversy exceeds $5 million (Evna T. LaVelle...

Mealey's Labor & Employment - U.S. Supreme Court Will Rule On Timeliness Of Age Bias Suit

WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 27 granted a petition for writ of certiorari filed by an employee asking the high court to decide a circuit split and rule on whether Federal Rule of Appellate Procedure 4(a)(5)(C), Fed. R. App. P. 4(a)(5)(C), can deprive an appellate court of jurisdiction...

Mealey's PI/Product Liability - DaVita Reports Deferred Prosecution, $18M Settlement With U.S. Attorney Office

DENVER - Kidney dialysis provider DaVita Inc. on Feb. 24 disclosed that in January, it entered into a deferred prosecution agreement and $18 million settlement with the U.S. attorney for the Western District of North Carolina related to quality and manufacturing procedures at its North Cove, N.C., facility...

Mealey's Toxic Tort/Environmental - Texas High Court: Lower Court Should Decide If ExxonMobil Should Clean Up Site

AUSTIN, Texas - The Texas Supreme Court held Feb. 24 that a lower court judge should determine if a landowner can seek an order requiring ExxonMobil Corp. to remediate two sites where it conducted oil drilling and production operations, finding that the issue was not properly raised on appeal (ExxonMobil...

Mealey's Toxic Tort/Environmental - Florida Appeals Panel Orders New Trial In Engle Progeny Suit

TALLAHASSEE, Fla. - A Florida appellate panel on Feb. 24 found that the attorneys for a woman who sued a tobacco company for the death of her husband made improper comments during closing arguments that violated a judge's order and ordered a new trial (R.J. Reynolds Tobacco Co. v. Cynthia Robinson...

Mealey's Toxic Tort/Environmental - 9th Circuit Revives Only Premises Asbestos Claim Against Aircraft Company

SAN FRANCISCO - Plaintiffs' premises liability allegations in an action against aircraft company are sufficiently detailed to permit the claims to go forward, but strict liability and negligence claims lack supporting evidence regarding the products in question or are barred by law, a Ninth Circuit...

Mealey's Labor & Employment - 8th Circuit Panel Affirms Ruling On Enhanced Benefits For Anheuser Busch Pensioners

ST. LOUIS - An Eighth Circuit U.S. Court of Appeals panel on Feb. 22 affirmed in part a Missouri federal judge's ruling that participants in the Anheuser-Busch Cos. Pension Plan are entitled to enhanced pension benefits, saying that a plan administrator cannot contradict the plain language of an...

Mealey's Litigation Procedure - Costco Wage Settlement For Truck Drivers Is Rejected By Federal Judge

SAN DIEGO - A California federal judge on Feb. 22 denied preliminary approval of a $2 million settlement proposed by Costco Wholesale Corp. to end truck drivers' wage claims and ordered plaintiffs' counsel to show why sanctions should not be imposed after counsel agreed to file an amended complaint...

Mealey's PI/Product Liability - Contractor Not Required To Prove Negligence, Causation For Indemnification

PHOENIX - An Arizona appeals panel on Feb. 23 affirmed a trial court's judgment requiring a grading subcontractor to indemnify a general contractor for construction defects, ruling that the general contractor was not required to prove negligence or causation to support its request (Amberwood Development...

Mealey's Litigation Procedure - ICSID Rejects Application To Suspend Investigation Of Witnesses In Uruguay

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Feb. 23 rejected a corporation's request for provisional measures in a case filed against the Oriental Republic of Uruguay, refusing to suspend or end a criminal investigation in Uruguay of...