LexisNexis® Legal Newsroom
Mealey's Toxic Tort/Environmental - North Carolina Residents Sue DuPont Alleging Discharge Of Toxins Into Groundwater

FAYETTEVILLE, N.C. - A group of residents filed a lawsuit in North Carolina federal court on Feb. 21 against E.I. du Pont de Nemours & Co., alleging that the company is liable for discharging toxic substances into the community near DuPont's Fayetteville Works facility "with blatant disregard...

Mealey's Insurance - Judge: Insureds' Basement Cracking Is Not Covered Under 'Collapses' Provision

BRIDGEPORT, Conn. - Progressive deterioration caused by a chemical reaction and resulting in cracking concrete is not covered under a homeowners insurance policy's "collapses" provision, a Connecticut federal judge ruled Feb. 20 (Bart Zamichiei, et al. v. CSAA Fire & Casualty Insurance...

Mealey's Insurance - Long-Term Disability Claim Was Properly Denied As Time-Barred, Judge Rules

SAN DIEGO - Dismissal of an insured's insurance breach of contract and bad faith lawsuit is necessary because her claims were not brought within the applicable statute of limitations and she has failed to show that the limitations period was tolled by the discovery rule, a federal judge in California...

Mealey's Toxic Tort/Environmental - Federal Judge Says New Jersey Take-Home Exposure Duty Extends To Home's Visitors

PHILADELPHIA - Applying logic New Jersey's top court first espoused in an asbestos case finding a duty to prevent household exposures, a federal judge in Pennsylvania said Feb. 21 that the duty also extends past spouses to a girlfriend who frequently visited an employee's residence (Brenda Ann...

Mealey's Litigation Procedure - ConocoPhillips, Venezuelan Entities Dispute Effect Of DUFTA Ruling In Crystallex

WILMINGTON, Del. - Various ConocoPhillips entities and the national oil company of Venezuela on Feb. 20 filed a joint letter in Delaware federal court, submitting arguments over whether a recent appellate court ruling should result in the dismissal of the oil company's claims that the Venezuelan...

Mealey's Securities/D&O Liability - Panel Rejects District Court's Scienter Requirement Ruling In Securities Suit

PASADENA, Calif. - A Ninth Circuit U.S. Court of Appeals panel on April 20 ruled that pursuant to U.S. Supreme Court precedent, a federal district court improperly determined that a shareholder must plead scienter in making a claim under Section 14(e) of the Securities Exchange Act of 1934 instead of...

Mealey's IP/Tech - Divided Federal Circuit Upholds Patent Board, Says Privity Not Established

WASHINGTON, D.C. - When asserting that an inter partes review (IPR) petition is time-barred under Section 315(b) of the America Invents Act (AIA), 35 U.S.C. 315(b), a patent owner must demonstrate that the petitioner had "sufficient control" over prior district court litigation to establish...

Mealey's Securities/D&O Liability - Former UBS Employee Not A Whistleblower Under Dodd-Frank

NEWARK, N.J. - A former UBS Financial Services Inc. employee cannot claim that he was retaliated against in violation of the anti-retaliation provision of the Dodd-Frank Wall Street Reform and Consumer Protection Act because the former employee failed to show that he reported UBS's alleged securities...

Mealey's Insurance - Insurers Fail To Show Number Of 'Occurrences' In Defects Dispute, Judge Says

LAS VEGAS - A primary insurer and an excess insurer failed to demonstrate the number of proximate causes and the number of occurrences regarding coverage of a construction defects case against their mutual insured, a Nevada federal judge ruled April 18 (AIG Specialty Insurance Co. v. Liberty Mutual Fire...

Mealey's Bankruptcy - Another Suit Filed Over Liability Of W.R. Grace Insurers For Their Own Actions

WILMINGTON, Del. - Two more people suffering from asbestos disease joined the fray over whether an insurer can be held liable for asbestos claims arising from the mining operations of former Chapter 11 debtor W.R. Grace & Co. in Libby, Mont., with the claimants filing an adversary complaint April...

Mealey's Toxic Tort/Environmental - Court: Federal Officer Defense Frees Navy Insulation Supplier

SAN FRANCISCO - The government's selection of asbestos-containing insulation is enough for the federal officer defense to bar litigation against an insulation supplier, a California court held April 19 (Paula Tarjani, et al. v. Metalclad Insulation Corp., No. A140577, Calif. App., 1st Dist., 2018...

Mealey's IP/Tech - Supreme Court Rejects Article III Challenge Of Inter Partes Review

WASHINGTON, D.C. - A divided U.S. Supreme Court on April 24 upheld the constitutionality of the inter partes review (IPR) procedure introduced in 2012 by the Leahy-Smith America Invents Act (AIA), 35 U.S.C. 100 (Oil States Energy Services LLC v. Greene's Energy Group LLC, No. 16-712, U.S. Sup.).

Mealey's IP/Tech - Inter Partes Review Must Address All Challenged Claims, High Court Says

WASHINGTON, D.C. - Upon institution of inter partes review (IPR), the Patent Trial and Appeal Board must decide the validity of all patent claims challenged in the underlying petition, a divided U.S. Supreme Court ruled April 24 (SAS Institute Inc. v. Andrei Iancu, Director, U.S. Patent and Trademark...

Mealey's Securities/D&O Liability - High Court Hears Oral Arguments In SEC ALJs Appointments Dispute

WASHINGTON, D.C. - During oral arguments on April 23, the U.S. Supreme Court appeared to be divided as to whether administrative law judges (ALJs) of the Securities and Exchange Commission are inferior officers and are, thus, subject to the appointments clause of the U.S. Constitution (Raymond J. Lucia...

Mealey's IP/Tech - Supreme Court Seeks Government Views On Apportioned Patent Damages

WASHINGTON, D.C. - In its April 23 orders list, the U.S. Supreme Court invited the views of the solicitor general in a case that presents the question of whether proof of "but-for" causation, without more, satisfies the principle that patent damages be apportioned between patented and unpatented...

Mealey's Insurance - California Panel Affirms Rulings In Coverage Suit Arising From Train Crash

LOS ANGELES - A California appeals panel on April 19 affirmed a lower court's summary judgment rulings in a dispute arising from a Sept. 12, 2008, head-on collision between a commuter train and a freight train that killed 25 people (Those Certain Underwriters at Lloyd's, London, et al. v. Connex...

Mealey's Toxic Tort/Environmental - 5th Circuit Denies CITGO's Petition For En Banc Review Of $81M Penalty

NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on April 20 denied CITGO Petroleum Corp.'s request for an en banc review of a Feb. 14 ruling in which it found that the company's objections to the imposition of an $81 million civil penalty under the Clean Water Act (CWA) for a 2006 oil...

Mealey's Securities/D&O Liability - Ponzi Scheme Operator Collaterally Estopped From Denying Liability, Panel Holds

NEW YORK - A Second Circuit U.S. Court of Appeals panel on April 20 ruled that a defendant in a securities fraud lawsuit filed by the Securities and Exchange Commission was collaterally estopped from denying his liability in the instant action based on his guilty plea in a related criminal proceeding...

Mealey's Insurance - Federal Magistrate Judge Allows Breach Of Contract Counterclaim To Proceed

BALTIMORE - A Maryland federal magistrate judge on April 19 denied an insurer's motion to dismiss a breach of contract counterclaim in an asbestos coverage dispute but granted the insurer's motion to dismiss a bad faith counterclaim on the basis that the insured cannot allege a claim for bad...

Mealey's Labor & Employment - 9th Circuit Reinstates Claims By Seaman Injured In Boat Explosion

HONOLULU - A seaman who was injured when the boat he was working on exploded and can no longer work may proceed with his claims against the boat, despite a bankruptcy court's sale of the boat free and clear of the seaman's lien, a Ninth Circuit U.S. Court of Appeals panel ruled in an opinion...

Mealey's Litigation Procedure - Louisiana Town Defendants Granted Judgment On Pleadings In Flooding Class Suit

BATON ROUGE, La. - A Louisiana federal judge on April 20 granted a motion for judgment on the pleadings filed by a Louisiana town and its officials in a class complaint by residents alleging improper responses to a 2016 flood but ruled that the plaintiffs may have one chance to amend their complaint...

Mealey's Litigation Procedure - Kentucky Federal Judge Bars Opinions For Conflicting With Federal Regulations

LEXINGTON, Ky. - A medical expert cannot testify for an ambulance company accused of Medicare fraud because his opinions contradict federal Medicare regulations and are impermissible legal conclusions, a Kentucky federal judge decided April 20 (United States of America v. Arrow-Med Ambulance, Inc., et...

Mealey's PI/Product Liability - Documentary Filmmaker Can't Get Video Depositions From Theranos Investor Lawsuit

GEORGETOWN, Del. - A Delaware chancery court judge on April 23 ruled that a documentary filmmaker has no right to access videotaped depositions from a Theranos Inc. investor lawsuit that were not part of the court record (Partner Investments, L.P., et al. v. Theranos, Inc., et al., Nos. 12816 and 2017...

Mealey's Toxic Tort/Environmental - Denial Of Summary Judgment Sends Asbestos Case To New York Jury

NEW YORK - An asbestos flooring manufacturer fails to eliminate the potential for an architect's bystander exposure or demonstrate that its products contained only the chrysotile fibers its expert claims could not cause mesothelioma, a New York justice held in an opinion posted April 19 (Tatjana...

Mealey's Insurance - Government Can Introduce Evidence Of Scheme To Defraud, Judge Rules

HONOLULU - The federal government can introduce evidence demonstrating that a speech therapist engaged in a scheme to defraud Tricare, a health care program for active military service members and their families, a federal judge in Hawaii ruled April 20, finding that the information is relevant to the...