LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Ohio Appeals Panel Majority Says No Error In Admission Of Medical Malpractice Testimony

WARREN, Ohio - A trial court did not err in allowing expert testimony as to causation for an injury to the femoral nerve in a medical malpractice lawsuit, a majority of an Ohio appeals panel ruled July 18 (Jane L. Gordon v. Trumbull Memorial Hospital c/o National Registered Agents, Inc., et al., No....

Mealey's Insurance - 5th Circuit Rejects Argument That Tornado Loss Is 'Nothing' For Coverage Purposes

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on July 21 rejected an insurer's argument that its owes nothing to the University of Southern Mississippi Alumni Association (USMAA) for tornado damage to a building it leases from the University of Southern Mississippi (USM) because others paid...

Mealey's PI/Product Liability - 10th Circuit Finds Home's Value Not Proper Measure For Damages

DENVER - A federal judge in Kansas did not err when vacating a jury's verdict awarding $185,000 to a woman accused a company that builds premanufactured homes of fraud by omission and negligent misrepresentation, a 10th Circuit U.S. Court of Appeals ruled July 20, holding that the cost of repairs...

Mealey's Securities/D&O Liability - Drug Maker Agrees To Pay $95M To Settle Federal Securities Law Claims

LOS ANGELES - A drug maker will pay $95 million to settle claims that it misrepresented certain safety concerns with two of its products in violation of federal securities laws, according to a motion for preliminary approval of settlement filed July 21 in California federal court (In re Amgen Inc. Securities...

Mealey's Insurance - Coverage Barred By CGL Policy's Professional Services Exclusion, Panel Affirms

TRENTON, N.J. - A New Jersey panel affirmed July 20 that commercial general liability coverage for an underlying negligence lawsuit against an engineering firm insured is barred by the policy's professional services exclusion (EIC Group LLC v. The Travelers Indemnity Company of America, No. A-2590...

Mealey's PI/Product Liability - California Appeals Court Affirms $8.3M Verdict In DePuy ASR Hip Case

LOS ANGELES - A California appeals panel on July 21 affirmed an $8.3 million verdict in a DePuy ASR XL metal-on-metal hip case (Sheryl R. Kransky, et al. v. DePuy Orthopaedics, Inc., No. B249576, Calif. App., 2nd Dist., Div. 7).

Mealey's PI/Product Liability - Arizona High Court: OTR Doesn't Preclude Nonparties From Liability For Injuries

PHOENIX - The common-law original tortfeasor rule (OTR) "does not preclude a defendant from alleging and proving, or the trier of fact from considering and finding, fault of a nonparty physician who treated the plaintiff for injuries allegedly sustained from the defendant's tort," the Arizona...

Mealey's IP/Tech - 9th Circuit Affirms Pandora Privacy Suit Dismissal Per Michigan High Court Ruling

SAN FRANCISCO - Two weeks after the Michigan Supreme Court determined that the lead plaintiff in a putative class action against Pandora Media Inc. did not constitute a customer of Pandora's online streaming service per Michigan's Video Rental Privacy Act (VRPA), a Ninth Circuit U.S. Court of...

Mealey's IP/Tech - 7th Circuit Affirms: Use Of Karaoke Tracks Unlikely To Confuse

CHICAGO - A plaintiff responsible for bringing more than 150 trademark lawsuits across the country was properly rebuffed in its effort to hold a pub and its owner liable for playing unauthorized digital copies of various karaoke tracks, the Seventh Circuit U.S. Court of Appeals ruled July 21 (Slep-Tone...

Mealey's Litigation Procedure - 8th Circuit: Federal Court Must Consider St. Louis Rams' Post-Removal Evidence

ST. LOUIS - A district court erred when it refused to reconsider post-removal evidence filed by the St. Louis Rams LLC and other associated entities (collectively, Rams) before ruling that a class complaint accusing the defendants of violating the Missouri Merchandising Practices Act in connection with...

Mealey's Litigation Procedure - Art Historian May Testify To Market Value Of Work, Illinois Federal Judge Finds

CHICAGO - An art historian may opine that if a signature were authenticated, the market value for a piece of art would be between $6 million and $8 million, an Illinois federal judge ruled July 21, declining to exclude the historian's testimony (Robert Fletcher and Bartlow Gallery Ltd. v. Peter Doig...

Mealey's Insurance - Judge Rejects Claim That Insured Failed To Timely Submit Paperwork To Port Plan

SAN FRANCISCO - Dismissal of a life insurance policy beneficiary's breach of contract and bad faith lawsuit against an insurer is not proper because the beneficiary has shown that his deceased wife timely completed all necessary paperwork and submitted to her employer as administrator of the policy...

Mealey's Insurance - Insured Won't Present Evidence, Testimony In Making Bad Faith Claim, Judge Rules

HATTIESBURG, Miss. - A federal judge in Mississippi on July 18 granted three motions in limine filed by an insurer in an insurance breach of contract and bad faith lawsuit, precluding an insured from presenting evidence, damages testimony and other testimony to show that the insurer acted in bad faith...

Mealey's Insurance - Panel: No Defense Owed For Additional Insured's Alleged Intentional Bad Acts

CHICAGO - An insurer had no duty to defend an additional insured for construction defects in condominium units because nothing accidental was alleged, an Illinois appeals panel affirmed July 20, finding that the allegations include the additional insured's intentional bad acts or awareness of faulty...

Mealey's Insurance - Insured Asks 10th Circuit To Certify Question Of Law To New Mexico High Court

DENVER - Because no New Mexico court has addressed the application of the "owned or occupied" exclusion in the context of environmental contamination to sovereign property, the 10th Circuit U.S. Court of Appeals should certify a question regarding the exclusion's application to the New...

Mealey's Toxic Tort/Environmental - Lead-Paint Poisoning Plaintiff Says Motion To Compel Documents Should Be Denied

MILWAUKEE - The man who, through his guardian ad litem, sued a group of paint companies alleging injuries from lead-based paint filed a brief in Wisconsin federal court on July 21, contending that the motion to compel responsive documents filed by one of the defendants should be denied because he provided...

Mealey's PI/Product Liability - New Jersey Appeals Panel Vacates 2 $9M Accutane Verdicts, Orders New Trial

TRENTON, N.J. - A panel of the New Jersey Superior Court Appellate Division on July 22 vacated two $9 million Accutane bowel injury verdicts and remanded them for a new trial after finding that the trial court improperly allowed evidence of subsequent remedial action by defendant Hoffman-La Roche Inc...

Mealey's PI/Product Liability - Acclarent Pays $18M For Off-Label Marketing Of Sinus Device

BOSTON - With a criminal trial against two company executives just concluded, the U.S. attorney for the District of Massachusetts on July 22 revealed that medical device maker Acclarent Inc. paid $18 million to settle lawsuits that it caused false claims to be submitted to federal health care programs...

Mealey's PI/Product Liability - Nebraska High Court Won't Adopt Mode-Of-Operation Rule For Premises Liability

LINCOLN, Neb. - The Nebraska Supreme Court on July 22 affirmed summary judgment for a grocery store in a slip-and-fall case, declining to adopt the plaintiff's suggestion that the state should adopt the mode-of-operation rule in addressing premises liability claims (Susan L. Edwards v. Hy-Vee, Inc...

Mealey's IP/Tech - 9th Circuit Affirms: Defendant Had Right To Use 'Crazy Horse' Mark

SAN FRANCISCO - Finding no genuine dispute of material fact as to the validity of a trademark co-existence agreement or as to the validity of a later assignment of rights under that agreement, the Ninth Circuit U.S. Court of Appeals on July 22 upheld a Nevada federal judge's decision to grant an...

Mealey's Litigation Procedure - Federal Judge Allows Expert Testimony On Project Survey, Alleged Improper Plans

WASHINGTON, D.C. - A federal claims judge on July 21 allowed expert testimony on the topographical survey for a project showing that it was incomplete and that the project plans and specifications were improperly copied from a prior project (Magnus Pacific Corp. v. The United States, No. 13-859 C, Fed...

Mealey's Insurance - Judge: Faulty Workmanship Bars Insurance Claim For Damages From Collapse

ALEXANDRIA, Va. - A faulty workmanship exclusion precludes coverage for collapse damages caused by an insured's actions related to the excavation of a basement coupled with the failure to install underpinning to secure the building's foundation, a Virginia federal judge ruled July 21, finding...

Mealey's PI/Product Liability - California Appeals Court Finds 2nd Suit Over Roof Involved Same Primary Right

SAN FRANCISCO - A couple's second lawsuit against the sellers of a home with a leaky roof, the contractors who installed the roof and the contractor who attempted to repair the roof contained the same primary right as an earlier suit that was dismissed by a state court judge, a California appeals...

Mealey's Insurance - South Dakota Majority Reverses No Coverage Ruling For Cattle Killed In Winter Storm

PIERRE, S.D. - A majority of the South Dakota Supreme Court on July 20 reversed a lower court's ruling that an insurer has no duty to indemnify its insureds for their loss of 93 cattle during winter storm Atlas, finding that the insurance policy's drowning provision is ambiguous (Richard Papousek...

Mealey's PI/Product Liability - Texas Panel Affirms Judgment For Defendant, Finds Workers' Comp Act Applies

AUSTIN, Texas - The exclusive remedy provision of the Texas Workers' Compensation Act (TWCA) barred a man's premises liability claims against a general contractor for injuries he sustained while working as a subcontractor on a construction site, a Texas appellate panel ruled July 22, affirming...