LexisNexis® Legal Newsroom
Mealey's Toxic Tort/Environmental - Court Says Expert May Offer Causation Opinion On Colon Cancer-Asbestos Link

SAN FRANCISCO - A doctor with 30 years of experience reviewing asbestos and colon cancer cases satisfies the standard for offering an opinion on causation, a California appeals court held Aug. 14 in dismissing a company's complaints about the quality of some of the underlying evidence the expert...

Mealey's PI/Product Liability - Tennessee Appeals Panel Affirms Summary Judgment In Premises Liability Suit

JACKSON, Tenn. - A Tennessee Court of Appeals panel on Aug. 15 found that there was not enough evidence to show that a hospital had constructive knowledge of a defective sliding door, affirming summary judgment for the hospital in a premises liability suit (Sue Ann Templeton v. Jackson-Madison County...

Mealey's Toxic Tort/Environmental - Lago Agrio Attorney Objects To Defense Costs, Seeks Reassignment Of Case

NEW YORK - The attorney representing a group of Ecuadorian residents who won an $18.5 billion judgment against Chevron Corp. for injuries, only to have it reversed, on Aug. 16 filed a letter with the judge presiding over the matter in the U.S. District Court for the Southern District of New York objecting...

Mealey's PI/Product Liability - Texas Appeals Panel Finds City Is Immune From Premises Liability Suit

DALLAS - A Fifth District Texas Court of Appeals panel on Aug. 15 affirmed the dismissal of a premises liability suit against a city after finding that it was immune from suit under state law (Louis Morgan v. The City of Terrell, No. 05-16-00554-CV, Texas App., 5th Dist., 2017 Tex. App. LEXIS 7736).

Mealey's PI/Product Liability - Mylan Pays $465M To Settle False Claims Suit Alleging Underpaid Medicaid Rebates

WASHINGTON, D.C. - Ten months after Mylan Inc. first announced a settlement and seven months after the federal government said there was no such agreement, Mylan and the U.S. Justice Department on Aug. 17 finalized a $465 million settlement of claims that the EpiPen maker violated the False Claims Act...

Mealey's Toxic Tort/Environmental - 6th Circuit Affirms Damages Awarded To Contractor For Site Cleanup

CINCINNATI - A Sixth Circuit U.S. Court of Appeals panel on Aug. 17 affirmed a federal judge in Tennessee's ruling awarding damages to a contractor that helped remediate the site of the Manhattan Project but found that the judge should recalculate the amount of interest owed to the contractor under...

Mealey's Toxic Tort/Environmental - Federal Judge Refuses To Reconsider Consolidation Of Flint, Mich., Water Cases

DETROIT - A federal judge in Michigan on Aug. 15 issued a second order consolidating all of the lawsuits pertaining to the lead-contaminated water crisis in Flint, Mich., into one action in response to a motion to reconsider filed by a group of state employee defendants. The one-page order did not elaborate...

Mealey's Insurance - 5th Circuit Affirms Doctor's Convictions For Health Care Fraud, Kickbacks

NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on Aug. 17 affirmed a jury's verdict convicting a man of committing health care fraud and paying and receiving kickbacks for approving patients for home health care when they did not need such treatment (United States v. Warren Dailey, No...

Mealey's Insurance - Punitive Damages Award Upheld; Award Justified Based On Insurer's Deceit

ST. LOUIS - A jury's award of $2.75 million in favor of a plaintiff who was injured while a passenger in an insured vehicle was not excessive and was justified based on the jury's finding that the insurer deceived the passenger regarding coverage on the insured vehicle, the Eighth Circuit U.S...

Mealey's Banking & Finance - 5th Circuit Reinstates Challenge Of Foreclosure, Finds 2 Rulings Changed Texas Law

NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on Aug. 15 partially reversed a trial court's decision and ruled that Wood v. HSBC Bank USA, N.A., 505 S.W.3d 542 (Tex. 2016), and Garofolo v. Ocwen Loan Servicing, L.L.C., 497 S.W.3d 474 (Tex. 2016), constitute intervening changes in law...

Mealey's Labor & Employment - 11th Circuit Vacates Ruling Relating To Labs' Claims Over Self-Funded Plans

ATLANTA - An 11th Circuit U.S. Court of Appeals panel on Aug. 14 vacated a Florida federal judge's dismissal of laboratory companies' claims relating to self-funded health care plans, saying that the contractual question of whether an assignment of benefits covers self-funded plans is best addressed...

Mealey's Toxic Tort/Environmental - Florida Appeals Panel Affirms $33 Million Verdict In Tobacco Lawsuit

WEST PALM BEACH, Fla. - A Florida appellate panel on Aug. 16 affirmed a $33 million verdict in an Engle progeny suit after finding that the trial court engaged in the "genuineness inquiry" in overruling the tobacco companies' objections to prospective jurors (R.J. Reynolds Tobacco Co.,...

Mealey's Bankruptcy - Rapid-American Protests Insurers' Subpoenas To Claims-Processing Facilities

NEW YORK - Chapter 11 debtor Rapid-American Corp. and the asbestos claimants in its case asked a New York federal bankruptcy judge on Aug. 15 to stop the debtor's insurers from enforcing subpoenas they issued to six asbestos claims-processing facilities, saying the subpoenas are "facially overbroad...

Mealey's Insurance - Judge Declines To Stay Coverage Action Pending Insurer's Liquidation

ST. LOUIS - A Missouri federal judge on Aug. 16 refused to stay a professional liability insurer's dispute against an insolvent insurer over wrongful act claims submitted by the insolvent insurer because she found that the contractual issues are not pivotal to the underlying state court liquidation...

Mealey's IP/Tech - 6th Circuit Finds No Unjust Enrichment In Online Purchase Of $27 Speakers

CINCINNATI - An Ohio man who paid for and received a pair of $27 speakers from an online marketplace failed to establish that the site's juxtaposition of a higher, crossed-out price constituted unjust enrichment, a Sixth Circuit U.S. Court of Appeals panel ruled Aug. 16, also affirming dismissal...

Mealey's Litigation Procedure - 1st Circuit Dismisses Man's Attempt To Become Plaintiff In Dead Spouse's Class Suit

BOSTON - A First Circuit U.S. Court of Appeals panel on Aug. 16 dismissed the appeal of a trial court's rejection of a Massachusetts man's attempt to amend his late wife's putative class action complaint against a retailer over its collection of ZIP codes to name himself as the lead plaintiff...

Mealey's Litigation Procedure - 2nd Circuit Orders Arbitration Of Uber Price-Fixing Claims Unless It Waived Its Right

NEW YORK - A mobile application by Uber Technologies Inc., a ridesharing service, provided "reasonably conspicuous notice" of its terms of service, which included an arbitration clause, as a matter of California law, a Second Circuit U.S. Court of Appeals panel ruled Aug. 17 in a price-fixing...

Mealey's Insurance - New York Panel Partly Reverses Ruling In Professional Liability Coverage Dispute

WHITE PLAINS, N.Y. - A New York appeals panel on Aug. 16 reversed a lower court's dismissal of a private equity firm's fraud, breach of fiduciary duty and aiding and abetting a breach of fiduciary duty claims against an insurance broker, a professional liability insurer and its insurance agency...

Mealey's Insurance - Texas Federal Judge Denies Motion To Sever Insured's Extracontractual Claims

HOUSTON - A Texas federal judge on Aug. 16 denied an insurer's motion to sever an insured's extracontractual claims after determining that the insurer failed to prove that it would be prejudiced if the claims are not severed and failed to prove that judicial economy would be promoted if the claims...

Mealey's Toxic Tort/Environmental - Judge Limits Experts' Testimony On Migration Of Metals To River

TRENTON, N.J. - A federal judge in New Jersey on Aug. 16 granted in part NL Industries Inc.'s motion to exclude testimony from two experts for an environmental group accusing the company of violating the Clean Water Act (CWA) and Resource Conservation and Recovery Act (RCRA), finding that portions...

Mealey's IP/Tech - 7th Circuit Agrees With Jury Verdict Of No Trademark Infringement

CHICAGO - Allegations that a defendant violated the Lanham Act when operating a "painting night" business under the name "Wine & Canvas" were properly rejected by jurors, the Seventh Circuit U.S. Court of Appeals ruled Aug. 17 (Wine & Canvas Development LLC, et al. v. Christopher...

Mealey's Insurance - Jury To Decide When, If Amtrak's Operations Caused Environmental Damage

BROOKLYN, N.Y. - A New York federal judge on Aug. 17 determined that a jury must determine when, if ever, Amtrak's operations first caused environmental damage to third-party property because both the cause of the environmental contamination and its effect on third-party property are disputed issues...

Mealey's PI/Product Liability - Kansas Appeals Court Upholds Rulings Against Couple In Construction Defects Suit

TOPEKA, Kan. - An appellate panel in Kansas on Aug. 18 upheld rulings denying a couple's motion for a new trial and for a change of judge to preside over their construction defects lawsuit against Pulte Homes of Greater Kansas City Inc., finding that the request for a new trial was untimely and the...

Mealey's Toxic Tort/Environmental - Man's Asbestos Case Against Pipe Manufacturer Can Keep Trucking, Judge Says

WILMINGTON, Del. - A man's testimony that he encountered dust when loading a company's asbestos-containing cement pipe onto his flat-bed truck, even where potentially questionable, sufficiently identifies the product and creates genuine issues of material fact, a Delaware judge held Aug. 17 ...

Mealey's Bankruptcy - Jurisdiction Plainly Lacking For Crane's RICO Claims, Law Firm Tells 7th Circuit

CHICAGO - A federal court in Illinois correctly dismissed fraud and racketeering claims leveled by frequent asbestos defendant John Crane Inc. (JCI) against two law firms and their principals for lack of jurisdiction because the asbestos cases giving rise to the claims did not occur in Illinois, one...