LexisNexis® Legal Newsroom
Mealey's Labor & Employment - California Woman Files Class Action Over Denial Of Breastfeeding Support

OAKLAND, Calif. - A California woman on Jan. 13 filed a class action complaint in federal court alleging that she and other women have been wrongfully denied access to and coverage for a vital women's preventive service - breastfeeding support, supplies and counseling - for which coverage is mandated...

Mealey's Litigation Procedure - PCA Holds Hearing On Jurisdiction, Announces Russia Did Not Participate

THE HAGUE, Netherlands - The Permanent Court of Arbitration (PCA) on Jan. 13 issued various updates in an arbitration commenced by numerous real estate entities against the Russian Federation in relation to an alleged real estate investment in Crimea, announcing that the Russian Federation did not participate...

Mealey's Securities/D&O Liability - State Street To Pay Over $64M To Settle Justice Department, SEC Fraud Charges

WASHINGTON, D.C. - State Street Corp. will pay more than $64 million in criminal penalties to the U.S. Department of Justice and the Securities and Exchange Commission to settle charges that it engaged in a scheme to defraud a number of its clients by "secretly applying commissions to billions of...

Mealey's Insurance - Panel Certifies 2 Questions To N.Y. High Court In Dispute Arising From 9/11 Attacks

NEW YORK - The Second Circuit U.S. Court of Appeals on Jan. 19 certified two questions to the New York Court of Appeals in a dispute over whether a public benefit corporation has the capacity to challenge as unconstitutional a New York statute that revived claims against public corporations for personal...

Mealey's Labor & Employment - States Urge 5th Circuit To Uphold Injunction Barring DOL Wage Rule

NEW ORLEANS - The state of Nevada and 20 other states filed a brief on Jan. 17 asking the Fifth Circuit U.S. Court of Appeals to uphold a nationwide preliminary injunction barring the U.S. Department of Labor (DOL) wage rule that was to increase the minimum salary level for executive, administrative...

Mealey's Labor & Employment - High Court Will Not Hear Issue Of Forum-Selection Clause In ERISA Disability Plan

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 17 denied review of a ruling by the Eighth Circuit U.S. Court of Appeals that enforced a forum-selection clause in a disability plan governed by the Employee Retirement Income Security Act (Lorna Clause v. U.S. District Court for the Eastern District...

Mealey's Labor & Employment - High Court Will Not Weigh In On Application Of Single-Employer Doctrine

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 17 let stand a Seventh Circuit U.S. Court of Appeals ruling that reversed the grant of summary judgment to four carpenter union fringe benefit funds that alleged that a general contractor failed to pay fringe benefits for work performed by nonunion labor...

Mealey's IP/Tech - 9th Circuit: Dismissal Of Karaoke Company's Trademark Case Was Proper

SAN FRANCISCO - Allegations by a karaoke music producer that a defendant's practice of "media-shifting" karaoke tracks from physical compact discs to digital files violates the Lanham Act were correctly dismissed by an Arizona federal judge, the Ninth Circuit U.S. Court of Appeals ruled...

Mealey's PI/Product Liability - Genuine Issues Exist As To When Masonry Defects Were Discovered, Judge Finds

BALTIMORE - A federal judge in Maryland on Jan. 17 denied a masonry subcontractor's motion for summary judgment in a breach of contract suit, ruling that genuine issues of fact remain as to when potential defects in the installation of a masonry facade that collapsed in April 2013 were known (Skanska...

Mealey's Toxic Tort/Environmental - Deal Reached To Clean Up Shuttered Uranium Mines On Navajo Lands

PHOENIX - The Navajo Nation and the United States have agreed to settle their claims against two mining companies for cleanup of 94 abandoned uranium mines on Navajo lands, with the companies performing the work and the United States contributing about half the estimated $600 million in costs, according...

Mealey's Insurance - Texas Federal Judge Dismisses Gender Identity Discrimination Claims

DALLAS - A Texas federal judge on Jan. 13 dismissed claims alleging gender identity discrimination under Section 1557 of the Patient Protection and Affordable Care Act (ACA) against an insurer and an employer because the plaintiff failed to cite any controlling precedent that recognizes a cause of action...

Mealey's Insurance - Judge: Insurer Failed To Show That Bifurcation Is Necessary In Bad Faith Suit

COLUMBUS, Ohio - An insurer's "mere assertion" that simultaneously litigating an insurance bad faith claim with other claims in an insurance dispute will require it to prematurely divulge privileged information is not sufficient to require bifurcation and a stay of the bad faith claim,...

Mealey's Litigation Procedure - Pennsylvania Court Vacates Class Certification Denials In Oil Lease Disputes

HARRISBURG, Pa. - The Pennsylvania Superior Court on Jan. 17 in a single opinion vacated orders denying class certification in two substantially similar complaints alleging that oil and gas leases were breached and payments were never made, finding that the trial court abused its discretion in denying...

Mealey's PI/Product Liability - Michigan Appeals Panel Finds Hazard Open And Obvious In Premises Liability Suit

LANSING, Mich. - A Michigan appellate panel on Jan. 17 found that a sunken drainage ditch on a gas station's property that caused injury to a biker was an open and obvious hazard and remanded the suit to the trial court with an order to grant summary judgment to the gas station owner (William Basacchi...

Mealey's Litigation Procedure - 2nd Circuit Vacates Decision Refusing To Enforce $48M ICC Award

NEW YORK - The Second Circuit U.S. Court of Appeals on Jan. 18 vacated a district court's decision to refuse enforcement of a $48 million arbitral award issued by the International Chamber of Commerce's (ICC) International Court of Arbitration, finding that a group of Brazilian companies was...

Mealey's PI/Product Liability - U.S. Supreme Court To Rule On Jurisdiction In California Plavix Injury Cases

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 19 granted certiorari to drug maker Bristol-Myers Squibb Co. (BMS) on whether Plavix injury claims can arise in California state courts when there is no causal link between BMS's forum contact and the plaintiffs' claims (Bristol-Myers Squibb Company...

Mealey's Insurance - Panel: Failure To Request Written Consent Before Settlement Negates Coverage

PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on Jan. 19 found that a lower federal court properly applied California law in finding that a bank insured breached its professional liability insurance policy by failing to request or obtain the insurer's written consent before executing...

Mealey's Banking & Finance - High Court Finds Clause Did Not Confer Federal Jurisdiction For Fannie Mae

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 18 reversed a decision granting judgment for the Federal National Mortgage Association (Fannie Mae) on claims related to a property foreclosure, finding that the sue-and-be-sued clause in a federal charter does not expressly confer jurisdiction on federal...

Mealey's PI/Product Liability - Mallinckrodt Disgorges $100M, Licenses Competing Drug Under FTC/States Settlement

WASHINGTON, D.C. - British drug maker Mallinckrodt ARD Inc. will disgorge $100 million in profits to settle a complaint by the U.S. Federal Trade Commission and five states that it purchased the rights to a competing drug to have a monopoly, then raised the price of the drug by 85,000 percent, the FTC...

Mealey's IP/Tech - Federal Circuit Affirms: Electronic Trading Method Is Patent Eligible

WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Jan. 18 upheld findings by an Illinois federal judge that two patents directed to a method of electronic trading do not claim ineligible subject matter under 35 U.S. Code Section 101 (Trading Technologies International Inc. v. CQG Inc.,...

Mealey's Insurance - Judge Rejects Insurer's Motion To Bifurcate, Stay Insurance Bad Faith Claims

PHILADELPHIA - Bifurcating and staying bad faith claims in an insurance breach of contract and bad faith lawsuit would not be convenient for the parties, prejudice an insurer or economize the litigation, a federal judge in Pennsylvania ruled Jan. 18 in denying the insurer's motion (Eizen Fineburg...

Mealey's Securities/D&O Liability - 2nd Circuit Revives FDIC Securities Law Claims Against Issuers, Underwriters

NEW YORK - The Federal Deposit Insurance Corp., as receiver for two failed banks, properly filed its complaint for violations of federal securities law within the limits of the FDIC extender statute, and a federal district court erred in dismissing the lawsuit as untimely, a Second Circuit U.S. Court...

Mealey's Labor & Employment - NLRB Regional Director Orders Election For Duke Ph.D. Student Unit

ATLANTA - All Ph.D. students at Duke University who are employed by the university to provide instructional services or research services, except for those students at Duke Kushan University and Duke-NUS Medical School, are employees within the meaning of Section 2(3) of the National Labor Relations...

Mealey's PI/Product Liability - Pennsylvania Appellate Panel Reinstates Suit Over Hospital's Alleged Negligence

HARRISBURG, Pa. - A Pennsylvania's Superior Court panel on Jan. 17 found that a hospital was entitled to limited immunity under Pennsylvania's Mental Health Procedure Act (MHPA) but said that immunity is moot because a woman who sued the hospital after her suicidal daughter was allowed to leave...

Mealey's Litigation Procedure - ICSID Refuses To Reconsider Finding That Venezuela Breached Treaty

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Jan. 18 released a decision in which it denied the third request of the Bolivarian Republic of Venezuela for reconsideration of a decision that it breached a bilateral investment treaty (BIT) when...