LexisNexis® Legal Newsroom
Mealey's Securities/D&O Liability - Harman International To Pay More Than $28M To Settle Securities Class Action Suit

WASHINGTON, D.C. - Audio products and electronic systems manufacturer Harman International Industries Inc. will pay more than $28 million to settle claims that it and certain of its current and former executive officers concealed issues with the company's line of personal navigation devices (PND...

Mealey's Insurance - New York Justice Rules Against Insurers In Dispute Over Bear Stearns' Settlement

NEW YORK - A New York justice on April 17 ruled against insurers in a lawsuit seeking indemnification from them for claims stemming from Bear Stearns' settlement of Securities and Exchange Commission and New York Stock Exchange (NYSE) regulatory proceedings and private litigation over claims that...

Mealey's Insurance - Insurer Did Not Act In Bad Faith In Storm Damage Dispute, 10th Circuit Affirms

DENVER - The 10th Circuit U.S. Court of Appeals on April 19 rejected insureds' argument that an insurer acted in bad faith by unreasonably delaying an appraisal and by failing to conduct an adequate claim investigation, affirming a lower federal court's ruling in favor of the insurer (Hayes Family...

Mealey's PI/Product Liability - Pennsylvania Superior Court Affirms $55 Million Verdict In Product Defect Suit

HARRISBURG, Pa. - A Pennsylvania Superior Court panel on April 19 affirmed a $55 million verdict in a product liability suit in which a man claimed that he became a quadriplegic because the seat belt he was wearing during a car crash did not protect him (American Honda Motor Co., Inc. v. Carlos Martinez...

Mealey's Toxic Tort/Environmental - 2nd Circuit Dismisses Creosote Injury Case Brought Against Chemical Company

NEW YORK - A panel of the Second Circuit U.S. Court of Appeals on April 20 ruled that it lacked jurisdiction to decide a case in which a group of residents sued Tronox Inc. contending that they had been harmed as a result of exposure to wood treated with creosote at the company's plant in Pennsylvania...

Mealey's Litigation Procedure - Suit Over Legitimacy Of Online University Program Is Dismissed With Prejudice

WASHINGTON, D.C. - A District of Columbia federal judge on April 18 issued an opinion finding that a class complaint over the legitimacy of a university's online-only program belongs in federal, not state, court and then dismissed the complaint with prejudice, finding that it was time-barred (Brice...

Mealey's Toxic Tort/Environmental - Magistrate Judge Finds Port's Product Liability Claims Against Monsanto Are Timely

PORTLAND, Ore. - A federal magistrate judge in Oregon on April 18 recommending denying Monsanto Co.'s motion to dismiss product liability claims brought by the Port of Portland, over polychlorinated biphenyl (PCB) contamination, finding that the plaintiff does not clearly state when it discovered...

Mealey's Insurance - Insured's Bad Faith Suit Barred By Statute Of Limitations, Judge Rules

TAMPA, Fla - An insured's bad faith claim is based on his insurer's alleged breach of its fiduciary duty to him and is, thus, subject to a four-year statute of limitations, a federal judge in Florida ruled April 18 in granting the insurer' motion to dismiss (Waldermar Baranowski v. GEICO...

Mealey's PI/Product Liability - 5th Circuit Panel Affirms Summary Judgment In Rifle Defect Suit

NEW ORLEANS - A panel of the Fifth Circuit U.S. Court of Appeals on April 19 affirmed a federal judge's grant of summary judgment to the makers of a rifle because the product defect suit against them was time-barred by the Texas Statute of Repose (Edward Burdett v. Remington Arms Company LLC, et...

Mealey's IP/Tech - Claims In Trade Secrets Suit Substantially Survive Dismissal Motion

NEWARK, N.J. - A federal judge in New Jersey on April 17 substantially denied a motion to dismiss filed by defendants in a copyright infringement and misappropriation of trade secrets lawsuit, ruling that a company has properly pleaded its claims against a majority of the defendants in the action (Jorgensen...

Mealey's Litigation Procedure - Venezuela Requests Annulment Of $161M Award For Energy Product Supplier

WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on April 18 registered a request filed by the Bolivarian Republic of Venezuela to annul a $161.6 million arbitral award issued in favor of investors in two Venezuelan entities (Tenaris S.A. and Talta - Trading e...

Mealey's PI/Product Liability - $3M Verdict Awarded Against GSK For Failing To Warn Of Suicide In Generic Paxil Case

CHICAGO - An Illinois federal jury on April 20 awarded $3 million to a widow after finding that GlaxoSmithKline PLC (GSK) failed to update the label for the antidepressant Paxil to warn that the drug can cause suicide in patients older than 24 (Wendy B. Dolin, et al. v. SmithKline Beecham Corporation...

Mealey's Toxic Tort/Environmental - Jury Awards $81.5M After Asbestos Friction-Parts Trial In Washington State

TACOMA, Wash. - A Washington jury awarded $81.5 million April 17 to a widow and her two daughters in their case alleging that their decedent suffered exposure to asbestos in automobile friction products, sources told Mealey's Publications (Gerri Coogan, et al. v. Genuine Parts Co. et al., No. 15...

Mealey's Insurance - Pennsylvania Court Says Continuous Trigger Applies In Environmental Dispute

HARRISBURG, Pa. - The Pennsylvania Commonwealth Court on April 21 adopted an insured's application of a continuous trigger of coverage rather than the insurer's application of a first manifestation trigger of coverage in an environmental contamination coverage dispute after determining that environmental...

Mealey's Insurance - Panel: Professional Liability Insurer Is Equitably Estopped From Denying Coverage

DENVER - The 10th Circuit U.S. Court of Appeals held April 18 that an insurer is estopped from denying coverage under a professional liability insurance policy for an underlying arbitration brought against an investment advisor insured, affirming a lower court's $931,859.59 judgment in favor of the...

Mealey's PI/Product Liability - Cherokee Nation Says Drug Distribution Companies Liable For Opioid Crisis

TAHLEQUAH, Okla. - The Cherokee Nation sued several top drug distributors and retail pharmacy operators April 20 in tribal court, alleging that they failed to prevent the diversion of illegally prescribed opioid pain killers to tribal members, causing hundreds of deaths and hundreds of millions of dollars...

Mealey's PI/Product Liability - FDA Warns Against Codeine, Tramadol For Young Kids, Some Teens, Nursing Moms

SILVER SPRING, Md. - The Food and Drug Administration on April 20 warned that children under 12, adolescents with fast metabolisms or who have had tonsillectomies and nursing mothers should not take prescription products containing the opioids codeine and tramadol for pain or cough suppression because...

Mealey's Insurance - Judge: Insured Failed To Show Reconsideration In Bad Faith Suit Warranted

INDIANAPOLIS - An insured failed to show that any manifest error of law or fact exists that would require amendment of three previous orders in an insurance bad faith lawsuit, a federal judge in Indiana ruled April 18 in denying the insured's motion for reconsideration of three earlier rulings in...

Mealey's Insurance - Failure To Pay Judgment Constitutes Bad Faith, Federal Judge Determines

SEATTLE - A Washington federal judge on April 19 granted an insured's motion for summary judgment after determining that the insured presented sufficient evidence that the insurer's failure to pay a judgment entered in favor of the insured constitutes bad faith (Arika Prince v. State Farm Mutual...

Mealey's Labor & Employment - American Dental Association To Pay $1.95M To Settle EEOC Bias Charges

CHICAGO - The American Dental Association (ADA) has agreed to pay $1.95 million to settle two discrimination charges, the Equal Employment Opportunity Commission announced April 21.

Mealey's Litigation Procedure - Retiree Class Certified In Suit Over Union's Authority To Agree To Medical Changes

NEW HAVEN, Conn. - A Connecticut federal judge on April 19 certified a class of retirees in a suit filed by an employer seeking a court declaration that a union has the authority to agree to changes in retiree medical benefits for those persons who retired after a 1996 class action settlement that provided...

Mealey's Toxic Tort/Environmental - Iowa Court Reverses, Orders Retrial Of $4 Million Asbestos Verdict

DES MOINES, Iowa - Counsel's "continuous disregard" for rulings excluding evidence of how much a defendant spent defending asbestos actions and the application of the statute of repose requires a new trial, an Iowa appeals court held April 19 (Shari Kinseth and Ricky Kinseth, et al. v....

Mealey's Antitrust/Unfair Competition - Judge Finds Hoverboard Seller Infringed On Trademarks, Awards $1M

LOS ANGELES - A California federal judge on April 20 granted a motion filed by the owner of certain trademarks for summary judgment on its other claims for infringement and counterfeiting of a registered mark, awarding it $1 million in damages (UL LLC v. The Space Chariot Inc., et al., No. 2:16-cv-08172...

Mealey's Litigation Procedure - Hungary Seeks To Annul $24.6M Award For French Benefit Company

WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on April 18 registered an application filed by Hungary to annul an arbitral award that was issued in favor of a French social benefit company (Edenred S.A. v. Hungary, No. ARB/13/21, ICSID).

Mealey's Labor & Employment - Rhode Island Federal Judge Tosses ERISA Lawsuit Against CVS Health With Prejudice

PROVIDENCE, R.I. - A Rhode Island federal judge on April 18 adopted a report by a magistrate judge who recommended dismissal of an amended complaint arising under the Employee Retirement Income Security Act alleging that CVS Health Corp., its employee benefits plan committee and the manager of one of...