LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - U.S. Supreme Court Won't Review 3rd Circuit's Eyedrop Class Reversal

WASHINGTON, D.C. - The U.S. Supreme Court on May 21 denied review of a prescription eyedrop case, sending the purported class action back to a New Jersey federal court for further proceedings (Alcon Laboratories, Inc., et al. v. Leonard Cottrell, et al., No. 17-1337, U.S. Sup.).

Mealey's Toxic Tort/Environmental - 5th Circuit Panel Upholds Ruling Finding Claimants' Submissions Untimely

NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on May 21 upheld a federal judge in Louisiana's ruling finding that the failure to submit claim forms along with the required documentation to obtain compensation from the Deepwater Horizon Court Supervised Settlement Program (CSSP) rendered...

Mealey's PI/Product Liability - U.S. Supreme Court Won't Take Up When Relator Is An Original Source In Solvay Case

WASHINGTON, D.C. - The U.S. Supreme Court on May 21 denied review of a case by two whistleblowers who claimed that the former Solvay Pharmaceuticals engaged in off-label marketing of three drugs, including AndroGel, and caused the submission of false claims to federal health care programs (United States...

Mealey's Toxic Tort/Environmental - Federal Appeals Court Finds EPA Erred When Adding Site To Superfund List

WASHINGTON, D.C. - A federal appeals court panel in the District of Columbia on May 18 vacated a ruling by the U.S. Environmental Protection Agency that placed an Indianapolis site on the National Priorities List (NPL) after finding that the agency ignored evidence and erroneously determined that two...

Mealey's Insurance - Class Suit Fails To Allege Covered Disparagement Claim, California Panel Affirms

SAN FRANCISCO - A California appeals court on May 21 affirmed a lower court's ruling that an underlying consumer class action alleging that a shampoo manufacturer insured falsely advertised its hair products as "organic" does not trigger a covered disparagement claim under its insurance...

Mealey's Toxic Tort/Environmental - Panel Says Lower Court Misapplied Rules When Barring Contamination Evidence

SALT LAKE CITY - A Utah appeals court panel on May 17 overturned two rulings by a lower court judge that excluded evidence and testimony about what materials are subject to cleanup as part of a city's sale of a parcel of land to a developer, holding that the trial court judge misapplied an earlier...

Mealey's Insurance - Insurer Found To Have Not Delayed In Paying On Homeowners Insurance Claim

AUSTIN, Texas - Granting a motion for partial summary judgment in an insurance breach of contract and bad faith lawsuit, a federal judge in Texas on May 17 ruled that an insurer did not intentionally delay paying on a claim for coverage under a homeowners insurance policy and that insureds failed to...

Mealey's Insurance - Stockholder Sues GE Over Losses Sustained For Insurance Reinsurance Business

NEW YORK - A stockholder sued General Electric Co. (GE) and its officers and directors in a New York federal court on May 17, alleging that their actions concerning their insurance and reinsurance business resulted in billions of dollars in damages to the company (Edward Tansey v. Jeffrey R. Immelt,...

Mealey's Banking & Finance - 5th Circuit Holds Trust Failed To Give Proper Notice Of Intent To Accelerate Debt

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on May 21 reversed a judgment that allowed a trust to foreclose on a property, finding that the trust failed to give the borrowers proper notice of its intent to accelerate their loan before filing a foreclosure lawsuit (Wilmington Trust, et al. v...

Mealey's Litigation Procedure - Class Certified In Suit Alleging Jailed Voters Were Barred From 2016 Election

FORT WAYNE, Ind. - An Indiana federal judge on May 17 certified a class of individuals who allege that they were in jail during the November 2016 election and were wrongfully kept from voting by the Allen County, Ind., sheriff (Demetrius Buroff, et al. v. David Gladieux, No. 17-124, N.D. Ind., 2018 U...

Mealey's PI/Product Liability - Roofing Subcontractor Can Face Gross Negligence Claims, Judge Rules

BEAUFORT, S.C. - A federal judge in South Carolina held that a roofing subcontractor can face a general contractor's third-party claim of gross negligence for moisture intrusion that occurred at a golf clubhouse and community clubhouse due to a lack of flashing because there is evidence that there...

Mealey's Bankruptcy - Attorneys' Compensation Halted For Lack Of Progress In Oakfabco's Case

CHICAGO - Attorneys representing Chapter 11 debtor Oakfabco Inc. and counsel for the debtor's asbestos claimants will not get paid until progress is made in the nearly three-year-old case, an Illinois federal bankruptcy judge ruled May 17 (In re: Oakfabco, Inc., No. 15-27062, N.D. Ill. Bkcy.).

Mealey's Litigation Procedure - 9th Circuit Vacates Order Requiring Release Of Lichtenstein Assets

PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on May 18 vacated a court's decision ordering a Russian national to turn over assets held in a trust to assist in satisfying a $92 million arbitral award, finding that the order was premature because a Lichtenstein court is reviewing similar...

Mealey's Litigation Procedure - ICSID Rejects Bolivia's Application To Annul $48M Award For Investors

WASHINGTON, D.C. - An ad hoc committee of the International Centre for Settlement of Investment Disputes (ICSID) on May 18 issued a decision in an arbitration filed by investors in mining concessions, rejecting an application made by the Plurinational State of Bolivia to annul a $48,619,578 award (Quiborax...

Mealey's Insurance - Homeowner Alleges Illegal Kickback Scheme Involving Reinsurance Payments

LOS ANGELES - A homeowner filed a class action complaint on May 17 against a mortgage loan company and financial services company for engaging in an illegal kickback scheme involving reinsurance payments arising out of force-placed hazard insurance policies (Kathleen Angel Eisenberg v. Ocwen Loan Servicing...

Mealey's Insurance - Billing Practices Are Not Professional Services Under Policy, 10th Circuit Affirms

DENVER - The 10th Circuit U.S. Court of Appeals on May 22 affirmed a lower federal court's finding that an insurer had no duty to defend against an underlying class action or the Colorado attorney general's investigation of a law firm insured because the underlying claims arose from billing practices...

Mealey's Insurance - Panel Reverses No Coverage Ruling For False Claims Act Suit Against Office Depot

PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on May 21 found that a lower federal court erred in holding that an insurer has no duty to defend or indemnify Office Depot Inc. in an underlying qui tam lawsuit, reversing and remanding (Office Depot Inc. v. AIG Specialty Insurance Company,...

Mealey's Insurance - 2nd Circuit Upholds Sentence For 'Brazen' Employment Insurance Fraud Scheme

NEW YORK - A Second Circuit U.S. Court of Appeals panel on May 21 upheld a federal judge in New York's decision to sentence a man who pleaded guilty to fraudulently procuring $13,961 in unemployment insurance benefits from the New York Department of Labor while working as a correctional officer to...

Mealey's IP/Tech - 5th Circuit Upholds Validity Of 'Krusty Krab' Trademark, Judgment

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on May 22 ruled that a Texas federal judge did not err in granting Viacom International Inc. summary judgment on its allegation that plans to name a restaurant "The Krusty Krab" would represent trademark infringement (Viacom International...

Mealey's Securities/D&O Liability - TD Ameritrade Defendants Dismissed From Securities Class Action

PHILADELPHIA - An investor's unsuitability claim under Section 10(b) of the Securities Exchange Act of 1934 fails because the investor is unable to show that TD Ameritrade Inc. and two of its subsidiaries recommended or purchased securities for her that led to extensive losses on her investments...

Mealey's Insurance - Insurer's Denial Of Coverage Under Exclusion Was Not In Bad Faith, Judge Rules

SCRANTON, Pa. - A water exclusion in a homeowners insurance policy is unambiguous and precluded coverage for damages caused when sewage backed up into an insured's basement; as a result, an insurer did not act in bad faith in denying coverage, a federal judge in Pennsylvania ruled May 21 in granting...

Mealey's Labor & Employment - Jury Rules For Rent-A-Center In Transgender Bias Suit Brought By EEOC

URBANA, Ill. - An Illinois federal jury on May 18 returned a verdict for a rent-to-own retailer in a transgender discrimination suit brought by the Equal Employment Opportunity Commission on behalf of a former employee who alleged that she was fired after transitioning (U.S. Equal Employment Opportunity...

Mealey's Labor & Employment - University Of Denver Will Pay $2.66M, Increase Salaries To Settle Equal Pay Suit

DENVER - A Colorado federal judge on May 18 signed off on an equal pay settlement between the Equal Employment Opportunity and the University of Denver under which the university will pay $2.66 million in damages to seven female professors and increase those same professors' salaries (Equal Employment...

Mealey's Insurance - Judge Limits Liberty Mutual's Defenses Against Window Maker's Bad Faith Suit

TAMPA, Fla. - A federal judge in Florida on May 18 granted in part motions for partial summary judgment filed by a window and door manufacturer seeking recovery of $3 million it paid to resolve five defects lawsuits in Alabama state court, finding that its insurer, Liberty Mutual Fire Insurance Co.,...

Mealey's Securities/D&O Liability - Agency Tells High Court That Review Of Ruling In Securities Suit Not Needed

WASHINGTON, D.C. - U.S. Supreme Court review of a federal court's ruling that the Housing and Economic Recovery Act of 2008 (HERA) supersedes the statute of repose on certain state and federal securities laws is not necessary because the ruling is in line with similar rulings in every other federal...