LexisNexis® Legal Newsroom
Mealey's Insurance - Fact Issues Exist On Cause Of Claimant's Disability, 11th Circuit Panel Says

ATLANTA - The 11th Circuit U.S. Court of Appeals on Nov. 17 remanded a disability claimant's suit after determining that a district court erred in granting summary judgment in favor of the insurer because genuine issues of material fact exist regarding the cause of the claimant's disability and...

Mealey's IP/Tech - Federal Circuit Remands Indefiniteness Holding By Delaware Federal Judge

WASHINGTON, D.C. - A judgment of patent invalidity based upon findings that certain language in a patented catalytic conversion system is indefinite was reversed Nov. 20 by the Federal Circuit U.S. Court of Appeals (BASF Corporation v. Johnson Matthey Inc., No. 16-1770, Fed. Cir.).

Mealey's Litigation Procedure - $11.2 Million Ashley Madison Data Breach Suit Settlement Granted Final Approval

ST. LOUIS - Following a Nov. 20 fairness hearing, a Missouri federal judge issued an order that same day granting final approval to an $11.2 million settlement between the operators of the Ashley Madison website and users of the site whose personally identifiable information (PII) was exposed in a 2015...

Mealey's Labor & Employment - Claim Seeking Coverage For Air Ambulance Transport Remanded To Plan Administrator

SACRAMENTO, Calif. - A California federal judge on Nov. 16 remanded an insured's claim seeking coverage for almost $500,000 incurred for the transport of her daughter from a hospital in Mexico to a hospital in Seattle by air ambulance because the plan administrator did not consider all of the available...

Mealey's Insurance - Washington Federal Judge Says Questions Of Fact Exist In Water Damages Suit

SEATTLE - A Washington federal judge on Nov. 16 determined that questions of material fact exist regarding the application of an insurer's exclusions for deterioration and rot to an insured condominium association's claim for water intrusion damages that occurred over time to the exterior cladding...

Mealey's Insurance - Insurer Must Cover Damage By Wind, Not Construction Defects, Appeals Panel Says

DETROIT - An insurer is responsible to cover damage from wind-driven rain to condominium units but is not responsible for damage caused by construction defects, a Michigan appeals panel held Nov. 16, reversing summary disposition to the insurer (Walters Beach Condominium Association v. Home-Owners Insurance...

Mealey's Insurance - Offset Was Not Abuse Of Discretion, 9th Circuit Panel Says In Affirming

SAN FRANCISCO - A disability plan administrator did not abuse its discretion in offsetting a claimant's long-term disability (LTD) benefits to account for Social Security disability income (SSDI) benefits that she receives for her dependents, the Ninth Circuit U.S. Court of Appeals said Nov. 17 in...

Mealey's Insurance - No Coverage Owed For Underlying Suit Arising Out Of Cleanup Of Lead Paint Dust

ST. LOUIS - No coverage is afforded for an underlying suit alleging claims related to the cleanup of lead dust after the removal of lead paint from a high school because the policy's pollution endorsement applies only in limited circumstances and the policy's lead exclusion clearly bars coverage...

Mealey's Bankruptcy - Insurer Owes Trustee $3.5M In Policy Limits, Attorney Fees For Coverage Dispute

OAKLAND, Calif. - A California federal bankruptcy judge on Nov. 16 entered a judgment of more than $3.5 million against an insurance company in a dispute over the amount of coverage owed to a company's liquidating trust for asbestos personal injury claims, including attorney fees and a $60,000 penalty...

Mealey's Bankruptcy - Asbestos Claimants' Committee Named For Bestwall's Chapter 11 Case

CHARLOTTE, N.C. - A North Carolina federal bankruptcy judge on Nov. 16 appointed the Official Committee of Asbestos Personal Injury Claimants in the new Chapter 11 case of Bestwall LLC, selecting one of three claimants who requested to sit on the committee in addition to the nine claimants proposed by...

Mealey's Insurance - Judge Resolves Motions To Exclude Testimony, Evidence In Reinsurer, Insurer Dispute

UTICA, N.Y. - In a dispute over a $325 million settlement of asbestos claims, a New York federal judge on Nov. 16 addressed a number of motions filed by an insurer and a reinsurer to preclude expert testimony and certain arguments from trial (Utica Mutual Insurance Co. v. Fireman's Fund Insurance...

Mealey's Insurance - New York High Court Reverses Barring Of Derivative Claims By Reinsurer's Shareholder

NEW YORK - The New York Court of Appeals determined Nov. 20 that a lower court erred in its application of a rule under Cayman law barring a reinsurer's shareholder from bringing derivative claims against the reinsurer, its directors and its affiliates (Paul Davis v. Scottish Re Group Ltd., et al...

Mealey's PI/Product Liability - California Appeals Court Reinstates Man's Defects Claim Over Plumbing

RIVERSIDE, Calif. - A California appeals panel on Nov. 16 reversed a trial judge's decision to award summary judgment to a general contractor accused of construction defects, holding that the man should be allowed to present evidence to demonstrate that his allegations of defectively installed plumbing...

Mealey's Toxic Tort/Environmental - Chicago Files Notice Of Intent To Sue U.S. Steel Over 2 Spills

CHICAGO - Chicago Mayor Rahm Manuel announced Nov. 20 that the city filed a notice of intent to sue U.S. Steel for contamination to drinking water as a result of two spills from the company's Portage, Ind., facility that reached Lake Michigan earlier this year.

Mealey's Litigation Procedure - Uber Announces Massive Data Breach, Hit With Class Complaint

LOS ANGELES - The same day Uber Technologies Inc. revealed in a Nov. 21 statement that it had experienced a data breach in late 2016, a class action complaint was filed against the ride-hailing firm in California federal court, alleging negligence, invasion of privacy and unfair competition (Alejandro...

Mealey's Toxic Tort/Environmental - Flint Water Crisis Defendants Want Manslaughter Charges Stricken From Complaint

DETROIT - Two employees of the Michigan Department of Environmental Quality (MDEQ) on Nov. 21 filed a brief in Michigan federal court arguing that the district court should strike allegations of involuntary manslaughter and order sanctions against the class of residents suing them in connection with...

Mealey's Litigation Procedure - 9th Circuit Denies Discovery Stay In DACA Suit, Defers To Trial Court

PASADENA, Calif. - After denying mandamus to the U.S. government from a trial court's order requiring an expanded administrative record in a lawsuit seeking to block the termination of the Deferred Action for Childhood Arrivals (DACA) program, a Ninth Circuit U.S. Court of Appeals panel on Nov. 21...

Mealey's IP/Tech - Federal Circuit Vacates Relief, Orders New Trial On Patent Damages

WASHINGTON, D.C. - Although affirming a California federal judge's determination that various claims of a capacitor patent are not indefinite under Section 112 of the Patent Act, 35 U.S.C. 112, the Federal Circuit U.S. Court of Appeals on Nov. 21 reversed an award of lost profits and grant of permanent...

Mealey's Banking & Finance - 9th Circuit Affirms Dismissal Of TILA, FDCPA Claims Against CitiMortgage

PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on Nov. 17 affirmed a district court's decision granting summary judgment for a mortgage lender, finding that a claim for violation of the Truth in Lending Act (TILA) asserted by borrowers was time-barred and that the lender was not a debt...

Mealey's Insurance - 3rd Circuit Affirms Ruling In Favor Of Insurer In Superstorm Sandy Dispute

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Nov. 17 affirmed a district court's summary judgment ruling in favor of an insurer in a Superstorm Sandy coverage dispute after determining that the insurer fulfilled the requirements of accord and satisfaction when it sent its insureds a...

Mealey's IP/Tech - Company's Claims In Trade Secrets, Copyright Suit Survive Motion To Dismiss

SHERMAN, Texas - A company has properly stated a claim for relief in seeking declaratory relief against several former employees and its direct competitor for alleged trade secret misappropriation and patent and copyright infringement, among other things, and its claims under the Copyright Act provide...

Mealey's Insurance - Faulty Work Claims Against Insured Are Not Covered, Georgia Federal Judge Says

ATLANTA - A homeowner's negligence claims arising out of an insured contractor's faulty workmanship are not covered under a commercial general liability insurance policy, a Georgia federal judge ruled Nov. 17, granting summary judgment to an insurer (Allstate Insurance Co. v. Adrianna Luu, et...

Mealey's Insurance - No Coverage Owed For Underlying Suits Alleging Statutory Violations

CHARLOTTE, N.C. - An insurer has no duty to defend its insured in two underlying class actions alleging violations of the federal Driver's Privacy Protection Act (DPPA) because the business liability policy's statutory violation exclusion clearly bars coverage, a North Carolina federal judge...

Mealey's PI/Product Liability - N.M. Appeals Court Orders Directed Verdict Be Vacated In Medical Malpractice Suit

SANTA FE, N.M. - In a split decision, the Arizona Supreme Court on Nov. 20 affirmed a lower appellate court's decision to reverse a stipulated directed verdict in a medical malpractice suit after finding that the statute of repose expired in the suit where a woman claimed that her doctor failed to...

Mealey's Securities/D&O Liability - Rehearing Sought Of 2nd Circuit Ruling In Barclays Securities Lawsuit

NEW YORK - Rehearing of a Second Circuit U.S. Court of Appeals panel's ruling affirming a federal district court's grant of class certification in a securities lawsuit is necessary because the panel's ruling is in conflict with U.S. Supreme Court and federal circuit court precedent, defendants...