LexisNexis® Legal Newsroom
Mealey's Insurance - High Court Denies Disability Plan Administrators' Petition For Writ Of Certiorari

WASHINGTON, D.C. - The U.S. Supreme Court on May 22 denied a petition for writ of certiorari filed by disability plan administrators claiming that a district court and the Second Circuit U.S. Court of Appeals failed to follow prior decisions issued by the U.S. Supreme Court in disability insurance cases...

Mealey's Litigation Procedure - Newspaper's FOIA Suit Over Officers' Mug Shots Denied Certiorari

WASHINGTON, D.C. - In its May 22 order list, the U.S. Supreme Court denied a newspaper's petition for certiorari over privacy rights connected to Freedom of Information Act (FOIA) requests for booking photos, letting stand a Sixth Circuit U.S. Court of Appeals ruling that found an FOIA exemption...

Mealey's IP/Tech - Federal Circuit Partly Reverses Injunction In Equivalents Case

WASHINGTON, D.C. - Although a Texas federal judge erred in barring the manufacture and sale of an accused generic form of the lymph-node-mapping dye isosulfan blue (ISB) with regard to two patents, relief was proper with regard to a third patent, the Federal Circuit U.S. Court of Appeals ruled May 19...

Mealey's Toxic Tort/Environmental - 11th Circuit Finds Federal Law Does Not Preempt Engle Progeny Claims

ATLANTA - A majority of the 11th Circuit U.S. Court of Appeals in an en banc decision on May 18 ruled that federal law does not preempt smokers from filing negligence suits against tobacco companies and affirmed a $2.75 million verdict in an Engle progeny suit (Theresa Graham v. R.J. Reynolds Tobacco...

Mealey's Insurance - 7th Circuit Majority Says Reinstatement Of Disability Benefits Was Reasonable

CHICAGO - The majority of a Seventh Circuit U.S. Court of Appeals panel on May 18 affirmed a district court's judgment of more than $580,000 in past disability benefits in favor of a disability claimant after determining that the plan did not specify any type of job the claimant is capable of performing...

Mealey's Litigation Procedure - Split 9th Circuit Panel Rejects Remand To Narrow Class Definition

SAN FRANCISCO - Plaintiffs may not seek to narrow a class to escape federal jurisdiction after a complaint has already been properly removed to federal court, a split Ninth Circuit U.S. Court of Appeals panel ruled May 18 (Broadway Grill, Inc. v. Visa Inc., et al., No. 17-15499, 9th Cir., 2017 U.S. App...

Mealey's Insurance - Appeals Panel Says Policy Limits Were Exhausted, No Further Duty To Defend Exists

LOS ANGELES - The Second District California Court of Appeal on May 18 reversed a trial court's judgment in favor of an insured in a silica coverage case after determining that the insured released its right to assert any bad faith claims against the insurer and after finding that the insurer has...

Mealey's PI/Product Liability - Colorado Appeals Court: Setoff Should Be Applied To Verdict Before Limitation

DENVER - A Colorado appeals panel on May 18 reversed in part a trial court judge's decision to prevent a developer from obtaining a portion of a $9.5 million verdict entered against a grading company accused of breach of contract for providing services that resulted in defectively built homes, finding...

Mealey's Insurance - Abuse Exclusion Bars Coverage For Wrongful Death Verdict, 9th Circuit Affirms

PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on May 17 rejected a doctor and his wife's argument that they were entitled to coverage for an adverse verdict in a wrongful death suit because their homeowners insurance policy's abuse exclusion was not applicable, affirming a lower...

Mealey's PI/Product Liability - High Court Refuses To Take Up Shingle Maker's Appeal Over Arbitration

WASHINGTON, D.C. - The U.S. Supreme Court on May 22 denied a shingle manufacturer's petition for a writ of certiorari seeking review of a Missouri appellate panel's ruling that an arbitration clause was not enforceable because purchasers never agreed to arbitrate their claims with the company...

Mealey's Toxic Tort/Environmental - Firms: Circuit Split 'Stark And Wide'; High Court Must Hear Flint Water Lawsuit

WASHINGTON, D.C. - The engineering firms asking the U.S. Supreme Court to hear their case against residents of Flint, Mich., regarding liability for the lead-contaminated water crisis in that city on May 22 filed their reply brief contending that the Sixth Circuit U.S. Court of Appeals' decision...

Mealey's Toxic Tort/Environmental - 5th Circuit: Some Methods Of Calculating Claims Are Inconsistent With Agreement

NEW ORLEANS - Four industry specific methodologies (ISMs) for calculating claimant compensation under the Court Supervised Settlement Program for the Deepwater Horizon Economic and Property Damages Class Action Settlement are inconsistent with the agreement, a Fifth Circuit U.S. Court of Appeals panel...

Mealey's PI/Product Liability - Testosterone MDL Judge Denies Late Limitations Defenses In 1st Bellwether Case

CHICAGO - The Illinois federal judge overseeing the testosterone replacement therapy multidistrict litigation on May 22 struck defendant AbbVie Inc.'s motion for summary judgment in the first bellwether trial after ruling that the defendant waived its statute of limitations and statute of repose...

Mealey's Litigation Procedure - 8th Circuit Reverses, Says Report On Spread Of Fracking Waste Is Reliable

ST. LOUIS - A federal court wrongly excluded an expert witness for an Arkansas couple accusing a hydraulic fracturing company of trespass and improperly awarded summary judgment to the company based on the couple's lack of sufficient evidence, the Eighth Circuit U.S. Court of Appeals held May 22...

Mealey's Labor & Employment - 6th Circuit Panel: Ford Retirement Plan Election Window Not Capricious

CINCINNATI - A Sixth Circuit U.S. Court of Appeals panel on May 19 affirmed a Michigan federal judge's dismissal of denial of benefits and breach of fiduciary duty claims against Ford Motor Co. and its retirement plan, saying it was not arbitrary and capricious for Ford to set a period to elect lump...

Mealey's Labor & Employment - 3rd Circuit Panel Affirms Dismissal Of Dentist's ERISA, ADEA, PHRA Claims

PHILADELPHIA - A Third Circuit U.S. Court of Appeals panel on May 19 affirmed dismissal of a 61-year-old dentist's claims of age discrimination and violation of the Employee Retirement Income Security Act, saying that she presented no direct evidence of age discrimination or intentional interference...

Mealey's Labor & Employment - 2nd Circuit Panel: Doctor's Suit Against Insurer Not Completely Preempted By ERISA

NEW YORK - A Second Circuit U.S. Court of Appeals panel on May 18 held that the Employee Retirement Income Security Act does not completely preempt an "out-of-network" health care provider's promissory estoppel claim against a health insurer where the provider did not receive a valid assignment...

Mealey's Toxic Tort/Environmental - Jury Awards $2.4 Million To Former Smoker In Engle Progeny Suit

MIAMI - A Florida state court jury on May 19 awarded a woman who developed lung cancer from smoking $1.3 million in punitive damages, bringing the total award to $2.4 million in the suit where she claimed that the misinformation spread about the harmfulness and addictive nature of cigarettes by a tobacco...

Mealey's Insurance - Indiana Federal Judge: Remand Of Disability Claim Needed For Full, Fair Review

INDIANAPOLIS - An Indiana federal judge on May 19 granted a motion for administrative remand after determining that remand is necessary to provide a disability claimant with a full and fair review and to allow the disability insurer to review pages that were discovered to be missing from a physician's...

Mealey's Insurance - Federal Judge Says Disability Claimant's State Law Claims Are Preempted By ERISA

PHILADELPHIA - A Pennsylvania federal judge on May 19 granted a disability insurer's motion to dismiss a claimant's state law claims after determining that the state law claims related to the insurer's denial of disability benefits are completely preempted by the Employee Retirement Income...

Mealey's Securities/D&O Liability - Judge: Defendants' Alleged Misrepresentations Not Actionable In Securities Suit

NEWARK, N.J. - Lead plaintiffs in a securities class action lawsuit against a pharmaceutical company and its CEO have failed to plead any material misstatements or omissions in arguing that the defendants misrepresented that the company's new drug was expected to gain U.S. Food and Drug Administration...

Mealey's Insurance - Pennsylvania Federal Judge: Issue Of Fact Remains As To Cause Of Fire In Townhome

PHILADELPHIA - A Pennsylvania federal judge on May 18 denied a contractor's motion for summary judgment after determining that an insurer's proposed expert testimony on the causation of a fire presents a genuine dispute of material fact as to whether one of the contractors who worked in the home's...

Mealey's Insurance - Business Pursuits Exclusion Bars Coverage, Massachusetts Panel Affirms

BOSTON - A Massachusetts appeals panel on May 23 affirmed a lower court's ruling that a homeowners insurance policy's business pursuits exclusion bars coverage for underlying claims against a civilian employee of the city of Newtown's chief of police office (Vincent Nguyen v. Arbella Insurance...

Mealey's Toxic Tort/Environmental - Mississippi Supreme Court Reverses $14M Silicosis Verdict As Time-Barred

JACKSON, Miss. - A man's chronic obstructive pulmonary disease (COPD) diagnosis started the clock on the statute of limitations and bars his silicosis claim against a respirator manufacturer, a divided Mississippi Supreme Court held May 18 in reversing a $14 million verdict (American Optical Corp...

Mealey's Litigation Procedure - Ohio Appellate Panel Reverses Class Certification In Traffic Camera Suit

CLEVELAND - The lead named plaintiff in a class complaint accusing the city of Cleveland of using traffic cameras that violate the notice requirements of Cleveland Codified Ordinances (CCO) 413.031 is precluded from seeking judicial review and does not meet the requisite typicality requirement that would...