LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Judge Excludes Surgeon From Testifying On Standard Of Care In Medical Malpractice Suit

ANCHORAGE, Alaska - In a medical malpractice case, an Alaska federal judge on Dec. 1 excluded a general and colorectal surgeon from testifying about the standard of care a patient received before and following his diagnosis of colon cancer because the surgeon's board certification in surgery does...

Mealey's Insurance - Illinois Panel: Appeal Seeking Coverage For $8.4M Junk Fax Ads Award Is Untimely

CHICAGO - An Illinois appeals panel held Dec. 5 that it lacks jurisdiction to hear a claimant's appeal in a dispute over insurance coverage for an underlying $8,414,374.50 judgment arising from unsolicited fax advertisements in violation of the Telephone Consumer Protection Act (TCPA), rejecting...

Mealey's IP/Tech - U.S. Supreme Court Hears Patent Dispute Over Multicomponent Inventions

WASHINGTON, D.C. - A jury award of $52 million in lost profits was premised on an erroneous instruction that worldwide sales can be considered even when the product in question only contains a single "staple article" manufactured domestically, an attorney for patent infringement defendant Life...

Mealey's Insurance - Panel: Nurse Employed By Agency Qualifies As 'Employee' Of Hospital Under Policy

RICHMOND, Va. - The Fourth Circuit U.S. Court of Appeals on Dec. 6 held that a nurse who was employed by a staffing agency and assigned to work at a hospital qualifies as a hospital "employee" under its insurance policy, vacating and remanding an equitable contribution lawsuit arising from...

Mealey's Insurance - Court Properly Disregarded Portions Of Expert Witness' Affidavit, 9th Circuit Says

PORTLAND, Ore. - The Ninth Circuit U.S. Court of Appeals on Dec. 5 held that a lower federal court did not err in disregarding the heat-related portions of an affidavit from an expert witness in a dispute over coverage for a building collapse (Tarleton LLC v. State Farm Fire and Casualty Co., No. 14...

Mealey's Toxic Tort/Environmental - Plaintiffs In Suit Over Mercedes-Benz's Emissions Lack Standing, Judge Says

NEWARK, N.J. - Plaintiffs in a class action suit alleging that Mercedes-Benz USA LLC misrepresented the efficiency of its BlueTec Clean Diesel vehicles lack standing to bring their action against the auto maker, a federal judge in New Jersey ruled Dec. 6, finding that the plaintiffs failed to show that...

Mealey's Insurance - Judge: Insurer's Revision Of Estimate In Insurance Dispute Not In Bad Faith

SCRANTON, Pa. - A federal judge in Pennsylvania on Dec. 5 granted an insurer's motion for summary judgment on an insured's claim for insurance bad faith in a homeowners insurance dispute, ruling that the insured failed to show that the insurer's actions during the investigation and subsequent...

Mealey's Litigation Procedure - Judge Declines To Bar Medical Testimony On History Of Neck Pain In Auto Negligence Suit

SCRANTON, Pa. - In a negligence lawsuit stemming from an automobile accident, a Pennsylvania federal judge on Dec. 5 declined to exclude medical testimony on a man's history of neck pain and how any exacerbation of the neck would have resolved itself in a matter of months because any disagreement...

Mealey's Litigation Procedure - Federal Judge Bars Expert's Alternative Design Theory In Personal Injury Lawsuit

FORT WAYNE, Ind. - A licensed professional engineer may testify regarding a man's fall from a ladder and the sufficiency of the warnings and instructions but may not testify regarding a color banding alternative design because he failed to sufficiently substantiate his opinion for this alternative...

Mealey's Toxic Tort/Environmental - Federal Judge: Registration, Illinois Contacts Insufficient For Jurisdiction

BENTON, Ill. - Neither a company's registration to do business in a state nor its employment of individuals in the state rise to the levels required for jurisdiction, a federal judge in Illinois held in dismissing an asbestos action on Dec. 2 (Sylvia Perez, et al. v. Air And Liquid Systems Corp....

Mealey's Securities/D&O Liability - Investor Group Appointed Lead Plaintiff In Lipocine Securities Class Action

TRENTON, N.J. - A federal judge in New Jersey on Dec. 2 appointed an investor group as lead plaintiff in a securities class action lawsuit against a pharmaceutical company and certain of its executive officers, ruling that the investor group has the largest financial stake in the litigation and meets...

Mealey's Litigation Procedure - Federal Judge Bars Opinion On Policies, Practices For Cleaning Spills At Airport

SEATTLE - In a slip-and-fall case, an expert may testify as to the nature of an airport's floors when they become wet but cannot testify about the policies and practices for detecting and cleaning up spills, a Washington federal judge ruled Dec. 2 (Evelyne Suzanne Sudre, et al. v. The Port of Seattle...

Mealey's Insurance - Trust Did Not Have The Authority To Make Claims Decisions, Kentucky Panel Says

FRANKFORT, Ky. - The Kentucky Court of Appeals on Dec. 2 affirmed the dismissal of two disability claimants' amended complaints after finding that the claimants could not assert their claims against the trust that administered their employer's disability plan because the trust did not possess...

Mealey's Litigation Procedure - ICSID Grants Dismissal For Indonesia, Orders Mining Company To Pay $9.4M

WASHINGTON, D.C. - An English mining company on Dec. 7 announced that a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) has granted an application filed by the Republic of Indonesia to dismiss arbitration claims asserted against it related to the revocation of mining...

Mealey's PI/Product Liability - Sperm Donor MDL Denied By Federal Judicial Panel; Minimal Cases Cited

WASHINGTON, D.C. - Six federal lawsuits alleging that a sperm bank misrepresented the qualities of a donor do not need to be centralized in a multidistrict litigation, the Judicial Panel on Multidistrict Litigation (JPMDL) ruled Dec. 7 (In Re: Xytex Corporation Sperm Donor Products Liability Litigation...

Mealey's PI/Product Liability - Invokana Diabetes Drug MDL Created, Assigned To Judge Martinotti In New Jersey

WASHINGTON, D.C. - Almost 100 federal lawsuits alleging that the diabetes drug Invokana causes diabetic ketoacidosis and kidney damages were centralized Dec. 7 before Judge Brian R. Martinotti of the U.S. District Court for the District of New Jersey (In Re: Invokana [Canagliflozin] Products Liability...

Mealey's Banking & Finance - 10th Circuit Affirms Bankruptcy Court's Dismissal Of Fraudulent Transfer Claims

DENVER - The 10th Circuit U.S. Court of Appeals on Dec. 6 affirmed a bankruptcy court's decision to enter summary judgment against a debtor in relation to the sale of a property, finding that its claims for fraudulent transfer of the loan failed (In re: Expert South Tulsa LLC, Steven R. Rebein, Chapter...

Mealey's IP/Tech - Federal Circuit Vacates, Remands Invalidation Of Spinal Fusion Patent

WASHINGTON, D.C. - The Patent Trial and Appeal Board (PTAB) erred in deeming various claims of a spinal infusion patent invalid because it "failed to articulate a reason why" a person having ordinary skill in the art (PHOSITA) would have been motivated to modify and combine various prior art...

Mealey's Banking & Finance - 9th Circuit Affirms Ruling For Wells Fargo On Mortgage Lending Claims

PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on Dec. 6 affirmed a district court's decision to grant summary judgment on claims for violation of California's unfair competition law (UCL), negligence, wrongful foreclosure and other claims asserted against Wells Fargo Bank N.A., finding...

Mealey's Insurance - Judge Rejects Insureds' Breach Of Contract Arguments In Bad Faith Suit

LOS ANGELES - Summary judgment is warranted against insureds in an insurance breach of contract and bad faith lawsuit because the insureds have failed to show that their insurer breached its contract in failing to pay their claims for benefits or denied their requests for a defense or indemnification...

Mealey's PI/Product Liability - Summary Judgment Partially Granted In C.R. Bard Pelvic Mesh Case

CHARLESTON, W.Va. - The West Virginia federal judge overseeing the C.R. Bard Inc. pelvic mesh multidistrict litigation on Dec. 6 granted partial summary judgment in the case of a Connecticut plaintiff but denied summary judgment on the issue of punitive damages and other claims (Penny Havanick v. C.R...

Mealey's Insurance - Insured's Bad Faith Claim Lacks Factual Support, Judge Rules

OKLAHOMA CITY - An insured's insurance bad faith counterclaim was dismissed Dec. 5 after a federal judge in Oklahoma ruled that the insured failed to plead its counterclaim with any facts to support it (Employers Mutual Casualty Co. v. W-W Trailer Manufacturers, d/b/a W.W. Trailer Manufacturing,...

Mealey's Litigation Procedure - Sprint Loses Motions To Bar Damages Experts In Patent Suits Against Comcast, Time Warner

KANSAS CITY, Kan. - A Kansas federal judge on Dec. 5 denied Sprint Communications Co. L.P. its attempts to exclude damages and patent experts in two consolidated patent infringement lawsuits filed against Comcast Cable Communications LLC and Time Warner Cable Inc. (TWC) (Sprint Communications Company...

Mealey's Insurance - Lack Of Factual Allegations Dooms Bad Faith Claim, Federal Judge Rules

PHILADELPHIA - Dismissal an insured's bad faith claim against his insurer for failure to pay uninsured motorist benefits pursuant to an automobile insurance policy is proper because the insured failed to state any factual allegations to support his bad faith claim, a federal judge in Pennsylvania...

Mealey's Toxic Tort/Environmental - Florida Appellate Panel Remands Engle Suit To Disqualify Plaintiff's Attorney

WEST PALM BEACH, Fla. - A Florida appellate panel on Dec. 7 found a trial court erred in denying Philip Morris USA Inc.'s motion to dismiss the law firm representing her because one of her attorneys previously represented Philip Morris in similar lawsuits, which prevents him from being the plaintiff's...