LexisNexis® Legal Newsroom
Mealey's Insurance - Faulty Work Exclusion Does Not Apply To Insured's Loss, Magistrate Judge Says

BOISE, Idaho - A faulty workmanship exclusion does not preclude coverage for an insured's repair costs, an Idaho federal magistrate judge ruled June 18, granting summary judgment to an insured on its breach of contract claim and awarding it $177,431.99 (Engineered Structures Inc. v. Travelers Property...

Mealey's Litigation Procedure - Georgia High Court: Class Suit Over Power Company's Franchise Fees May Proceed

ATLANTA - The Georgia Supreme Court on June 18 affirmed a decision by an appellate panel reinstating class claims by consumers of retail electrical service who claim that Georgia Power Co. has collected municipal franchise fees in excess of the amounts approved by the Public Service Commission (Georgia...

Mealey's Toxic Tort/Environmental - Additional Expert Testimony Doesn't Save Conspiracy Claim, Illinois Court Holds

OTTAWA, Ill. - Expert testimony indicating that companies redacted "significant evidence" of cancer causation from a study on asbestos in the 1940s does not permit a finding of civil conspiracy, an Illinois appeals court held June 19 (James Johnson, et al. v. Pneumo Abex LLC, et al., No. 3...

Mealey's Toxic Tort/Environmental - Valve Maker Can't Escape New York Law, Refurbisher's Asbestos Action

NEW YORK - New York procedural law, not Georgia substantive law, applies to a motion for summary judgment, and a valve maker has not met its burden of negating the possibility that its products contributed to a refurbisher's asbestos-related injuries, a New York justice held in an opinion posted...

Mealey's Litigation Procedure - Federal Judge Confirms $5.4M Award Issued In Share Purchase Dispute

LOS ANGELES - A California federal judge on June 18 granted a petition to confirm a $5,470,786.47 arbitral award issued by a tribunal in Shanghai, holding that the tribunal did not exceed the scope of the issues in the arbitration and that the award did not violate Chinese law (Liu Luwei et al v. Phyto...

Mealey's Litigation Procedure - Judge Confirms $22M Award Issued In Dispute Over Panama Canal Lock Construction

MIAMI - A Florida federal judge on June 18 refused to vacate an award issued pursuant to the International Chamber of Commerce's (ICC) rules in a dispute over the construction of locks for the Panama Canal and granted a petition to confirm the $22 million award issued for a Panamanian entity that...

Mealey's Insurance - Coverage May Exist; Policy Covers Collapse Caused By Hidden Decay, Judge Says

BRIDGEPORT, Conn. - An insurer's motion to dismiss a complaint filed by insureds seeking coverage for their cracking foundation walls caused by a chemical reaction in the concrete must be denied because a possibility for coverage exists as the policy at issue provides coverage for collapse caused...

Mealey's Toxic Tort/Environmental - Report: Perfluoroalkyls 'Ubiquitous,' Linked To A Range Of Health Issues Including Cancer

WASHINGTON, D.C. - The Agency for Toxic Substances and Disease Registry (ATSDR) on June 20 issued a report that concluded that perfluoroalkyls are "ubiquitous" in the environment and found that they are linked to a range of health issues including cancer.

Mealey's IP/Tech - Supreme Court: Patent Damages Available For Overseas Combinations

WASHINGTON, D.C. - A decision by the Federal Circuit U.S. Court of Appeals that reversed an award of lost profits for infringement damages stemming from the overseas combination of infringing components was reversed and remanded on June 22 by a divided U.S. Supreme Court (WesternGeco LLC v. ION Geophysical...

Mealey's Toxic Tort/Environmental - Flint Water Crisis Judge Refuses To Remove Counsel, May Appoint Special Master

DETROIT - A federal judge in Michigan overseeing Flint contaminated water litigation on June 19 denied motions to replace the co-liaison counsel and the interim co-lead class counsel, which had both sought the other's removal. The co-liaison counsel had contended that the co-lead class counsel had...

Mealey's Toxic Tort/Environmental - Plaintiffs' Counsel Loses Bid To Stay Asbestos-Talc Agreement Discovery Order

NEWARK, N.J. - A federal judge on June 20 declined to stay discovery into a plaintiff law firm's referral deal in a New Jersey federal court case alleging that BASF Catalysts LLC and its law firm conspired to destroy evidence of asbestos contamination in talc (Kimberlee Williams, et al. v. BASF Catalysts...

Mealey's Insurance - 7th Circuit Panel Says Claimant Is Not Entitled To Total Disability Benefits

CHICAGO - The Seventh Circuit U.S. Court of Appeals on June 21 affirmed a district court's ruling that a disability claimant suffering from invasive basal cell carcinoma in the right ear is not entitled to total disability benefits from his insurer because he is still able to perform all but one...

Mealey's Labor & Employment - 3rd Circuit Affirms Dismissal Of Ex-Employee's Laptop Data Theft Suit Against Coke

PHILADELPHIA - Because an ex-employee of The Coca-Cola Co. (Coke) failed to establish a causal connection between credit card fraud and the theft of company-owned laptops containing employees' personally identifiable information (PII), a Third Circuit U.S. Court of Appeals panel on June 20 affirmed...

Mealey's Labor & Employment - 6th Circuit Reverses Ruling On Pension Plan Participant's Reformation Claim

CINCINNATI - The Sixth Circuit U.S. Court of Appeals on June 20 reversed and remanded a district court's ruling on a plaintiff's reformation claim after determining that the lower court's conclusion that the plaintiff failed to establish that the plan had an intent to deceive was based on...

Mealey's Litigation Procedure - Pier 1 Will Pay $750,000 To Settle Class Complaint Over Missed Rest Breaks

SANTA ANA, Calif. - A California federal judge on June 19 granted final approval of a nonreversionary $750,000 class settlement that will be paid by Pier 1 Imports U.S. Inc. to end a complaint alleging that workers of the home furnishings and accessories chain were denied rest breaks (Jennifer Pedraza...

Mealey's PI/Product Liability - Judge Allows Woman To Amend Suit Over Alleged Abdominal Mesh Injuries

NEW ORLEANS - A federal judge in Louisiana on June 20 dismissed without prejudice a woman's lawsuit over injuries she allegedly sustained as a result of abdominal mesh made by Medtronic Inc. and Covidien LP, finding that her complaint does not include the date she suffered the alleged injury and...

Mealey's Insurance - Judge: 'Damage To Your Work' Exclusion Bars Coverage For Insured's Defects

FORT MYERS, Fla. - An insurer has no duty to defend or indemnify a general contractor in an underlying construction defects case, a Florida federal judge ruled June 21, finding that the "damage to your work" exclusion precludes coverage (Southern-Owners Insurance Co. v. MAC Contractors of Florida...

Mealey's IP/Tech - 9th Circuit: Copyright Claim Over 'Walk Of Shame' Was Unreasonable

SAN FRANCISCO - A California federal judge's decision to award actress Elizabeth Banks and others attorney fees in connection with their successful defense of copyright infringement allegations was not erroneous, the Ninth Circuit U.S. Court of Appeals ruled June 21 (Shame on You Productions Inc...

Mealey's Insurance - Insurer's Denial Of LTD Benefits Was Not Arbitrary Or Capricious, Panel Says

DENVER - A disability insurer did not act arbitrarily or capriciously in denying a plan participant's claim for long-term (LTD) disability benefits because the insurer's denial was supported by substantial evidence, the 10th Circuit U.S. Court of Appeals said June 21 (John Dardick v. Unum Life...

Mealey's Banking & Finance - Borrower Failed To Show Lenders Violated UCL; 9th Circuit Affirms Dismissal

SANTA ANA, Calif. - The Ninth Circuit U.S. Court of Appeals on June 19 affirmed a district court's dismissal of a borrower's claims for violation of California's unfair competition law (UCL) and the California Homeowners Bill of Rights (HBOR), holding that she failed to allege that the practices...

Mealey's Insurance - Disability Claimant Owed Own-Occupation Benefits; Attorney Fee Award Remanded

SAN FRANCSICO - The Ninth Circuit U.S. Court of Appeals on June 21 affirmed a district court's award of own-occupation long-term disability (LTD) benefits in favor of a disability claimant but vacated and remanded the lower court's award of attorney fees in favor of the claimant for recalculation...

Mealey's Labor & Employment - Collective Of Delivery Food Drivers Decertified In Misclassification Action

TAMPA, Fla. - A Florida federal judge on June 20 decertified a collective of food delivery drivers who allege that they were misclassified and denied minimum and overtime wages, ruling that the drivers failed to show that they are similarly situated (David Roberson, et al. v. Restaurant Delivery Developers...

Mealey's Insurance - 'Damage To Your Work' Exclusion Does Not Relieve Insurer's Duty, Judge Says

SEATTLE - A commercial general liability insurer has a duty to defend insureds in a construction defects lawsuit, a Washington federal judge ruled June 21, finding that the "damage to your work" exclusion does not apply (The Cincinnati Specialty Underwriters Insurance Co. v. Milionis Construction...

Mealey's Insurance - Majority: No Coverage Owed For Wrongful Death Suit Stemming From Obstacle Race

FRANKFORT, Ky. - A majority of the Kentucky Court of Appeals on June 22 affirmed a lower court's ruling that a commercial general liability insurer has no duty to defend against an underlying lawsuit arising from the death of a participant in an obstacle race that was organized and presented by its...

Mealey's Insurance - Insurer Sues Reinsurer For Breach Of Contract Over Asbestos Claims

DETROIT - An insurer filed a complaint on June 21 in a Michigan federal court alleging breach of a facultative reinsurance agreement for a reinsurer's failure to indemnify it for certain loss and loss related expenses incurred in connection with asbestos claims brought against an insured (Amerisure...