LexisNexis® Legal Newsroom
Mealey's Labor & Employment - 2nd Circuit Panel Affirms Dismissal Of Suit Against Hartford Financial, Retailer

NEW YORK - In an unpublished decision, a Second Circuit U.S. Court of Appeals panel held April 25 that a Connecticut federal judge properly dismissed a putative class action filed by Family Dollar Stores Inc. employees under the Employee Retirement Income Security Act for failure to state a claim upon...

Mealey's Labor & Employment - 4th Circuit Panel Affirms Plan Wrongfully Denied Man's Early Retirement Benefits

RICHMOND, Va. - A Fourth Circuit U.S. Court of Appeals panel on April 24 affirmed a North Carolina judge's ruling that a man's pension plan wrongfully denied him regular early retirement benefits, saying that the man clearly qualified for regular early retirement under the plan's terms (Garry...

Mealey's IP/Tech - 4th Circuit Affirms Dismissal Of False Advertising Claims

RICHMOND, Va. - A Virginia federal judge's decision to dismiss allegations of false advertising levied in connection with Better Business Bureau ratings was not erroneous, the Fourth Circuit U.S. Court of Appeals ruled April 24 (Wall & Associates Inc. v. Better Business Bureau of Central Virginia...

Mealey's Insurance - Insurer Argues District Court Erred In Finding Sewage Is Not A Pollutant

ATLANTA - An Alabama federal judge erred in finding that a policy's total pollution exclusion cannot be asserted as a bar to coverage for two underlying lawsuits alleging injuries from sewage exposure, an insurer argues in an April 25 brief filed in the 11th Circuit U.S. Court of Appeals (Evanston...

Judge: Plaintiff Failed To Show Any DTSA Violation After Statute's Enactment

SAN FRANCISCO - Dismissal of nonpatent claims in a patent infringement and misappropriation of trade secrets lawsuit is proper because a company has failed to show that the alleged misappropriation of its trade secrets occurred after the enactment of the Defend Trade Secrets Act (DTSA), a federal judge...

Mealey's Toxic Tort/Environmental - 2 More Glyphosate Cancer Cases Against Monsanto Transferred To MDL

WASHINGTON, D.C. - The U.S. Judicial Panel on Multidistrict Litigation (JPMDL) on April 25 transferred two more glyphosate injury lawsuits to the multidistrict litigation for Roundup products liability litigation in California federal court (In re: Roundup Products Liability Litigation, No. 2741 MDL...

Mealey's Banking & Finance - 5th Circuit Affirms Ruling For Lender, Finds Acceleration Was Abandoned

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on April 24 affirmed a trial court's ruling granting summary judgment in favor of a lender, finding that a notice of acceleration was abandoned, causing a statute of limitations to cease running (Livier Hernandez v. Select Portfolio Servicing...

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

WEST PALM BEACH, Fla. - A Florida appellate panel on April 26 affirmed a decision by a lower state court to grant summary judgment to a land owner because "no reasonable jury" could find that an easement where a woman injured herself was designed as a path to get to a shopping center and because...

Mealey's Insurance - 8th Circuit Rejects Marina Owner's Appeal Arising From Damages To Floating Docks

ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on April 28 affirmed a lower federal court's finding that damages to a series of floating docks were caused by a flood and there were no genuine issues of material fact that should have been left for a jury to decide (Hudson Enterprises, Inc. v...

Mealey's PI/Product Liability - Parties Calculate $1.04M In Prejudgment Interest Due In MicroCool Class Action

LOS ANGELES - Parties in the $454 million MicroCool surgical gown California class action on April 26 told the court that as of that date, they calculate that defendant Kimberly-Clark Corp. owes $1.04 million in prejudgment interest and spinoff Halyard Health Inc. owes $42,836 (Bahamas Surgery Center...

Mealey's PI/Product Liability - Pharmacists' False Claims Suit Against Generic Drug Maker Zydus Survives Dismissal

TRENTON, N.J. - A New Jersey federal judge on April 26 denied a motion by generic drug maker Zydus Pharmaceuticals (USA) Inc. to dismiss a False Claims Act lawsuit in which two pharmacists accuse the company of inflating wholesale drug prices (United States of America ex rel. Azam Rahimi, et al. v. Zydus...

Mealey's Insurance - Washington High Court Majority Says Coverage Owed For Negligent Installation

SEATTLE - The majority of the Washington Supreme Court on April 27 determined that an insurer has a duty to defend underlying claims arising out of carbon monoxide poisoning because the efficient proximate cause of the loss was the negligent installation of a hot water heater, which is a covered occurrence...

Mealey's PI/Product Liability - Texas Sues FDA To Lift Ban On Imported Drug For Lethal Injections

GALVESTON, Texas - The Texas Department of Criminal Justice on April 26 filed an amended complaint against the Food and Drug Administration, asking a Texas federal court to declare that the FDA's impoundment of a drug for lethal injections is unlawful (Texas Department of Criminal Justice v. United...

Mealey's PI/Product Liability - U.S. Supreme Court Won't Review Appeal Regarding GM's Liability After Bankruptcy

WASHINGTON, D.C. - The U.S. Supreme Court on April 24 said it will not review the Second Circuit U.S. Court of Appeals' ruling that personal injury, wrongful death and economic loss claims over a defective ignition switch can be filed against General Motors LLC because they fall within the "free...

Mealey's Labor & Employment - D.C. Circuit: Hotel Did Not Violate Labor Act When It Suspended A Bellman

WASHINGTON, D.C. - A Las Vegas hotel did not violate the National Labor Relations Act (NLRA) when is suspended a bellman to investigate a customer complaint after the bellman refused to make a statement about the incident without a union representative present, the District of Columbia Circuit U.S. Court...

Mealey's Toxic Tort/Environmental - 9th Circuit Permits Expert's Testimony Regarding Origin Of Asbestos Insulation

SAN FRANCISCO - An expert's knowledge regarding U.S. Navy practices and procedures qualifies him to testify that the asbestos-containing insulation to which a man was exposed was likely original to the boilers in question, and he need not have firsthand knowledge, a Ninth Circuit U.S. Court of Appeals...

Mealey's PI/Product Liability - Nurse Practitioners May Opine On Cause Of Injury, Washington High Courts Finds

OLYMPIA, Wash. - The Washington Supreme Court on April 27 unanimously held that nurse practitioners may determine the cause of an injury in medical malpractice suits and reversed summary judgment in a medical malpractice suit that was dismissed on summary judgment after the trial court said a nurse practitioner...

Mealey's Insurance - Disability Insurer Is Entitled To Seek Reimbursement For Overpayment Of Benefits

CHICAGO - A disability insurer has a right to seek reimbursement for the overpayment of long-term disability benefits because both the terms of the disability plan and an agreement the claimant executed with the insurer afford the insurer the right to seek reimbursement, an Illinois federal judge said...

Mealey's Insurance - Judge Declines To Seal Docs In Reinsurer, Insurer Dispute Over Asbestos Coverage

SYRACUSE, N.Y. - Supporting documents pertaining to transcripts, arbitration filings and expert reports will not be sealed in a breach of contract dispute between an insurer and reinsurer over asbestos coverage, a New York federal judge ruled April 26 (Utica Mutual Insurance Co. v. Munich Reinsurance...

Mealey's Litigation Procedure - Class Of Unsolicited Fax Recipients Certified; Senders' Dismissal Motion Is Denied

MINNEAPOLIS - A Minnesota federal judge on April 25 certified a class of more than 3,200 people who received an unsolicited fax advertisement for lead-testing services and denied a motion by the sender to dismiss the lawsuit (Sandusky Wellness Center, LLC, et al. v. MedTox Scientific, Inc., et al., No...

Mealey's Labor & Employment - Labor Board ALJ Finds AT&T's Privacy Rule For Workers Is Too Broad

WASHINGTON, D.C. - AT&T Mobility LLC's privacy policy for employees that prohibits the recording of conversations with co-workers, managers and third parties is overly broad and violates the National Labor Relations Act (NLRA), an administrative law judge (ALJ) ruled April 25 (AT&T Mobility...

Mealey's Toxic Tort/Environmental - Judge: Removing Negligence Case Requires More Than Mandate That Asbestos Be Used

NEW ORLEANS - Removing a case alleging negligence arising from a shipbuilder's alleged discretionary use of asbestos requires more than a simple showing that the U.S. Navy mandated use of the mineral since the claims stem not from its presence, but from its misuse, a federal judge in Louisiana said...

Mealey's Insurance - Disability Insurer Erred In Finding Claimant Is Not Disabled From Any Occupation

CHICAGO - A Chicago federal judge on April 25 awarded a disability claimant past due and future long-term disability (LTD) benefits after determining that the administrative record does not support a finding that the claimant is qualified to work in a position identified in a vocational analysis completed...

Mealey's Litigation Procedure - New Jersey Panel Bars Expert Opinions To Juries On 'Symptom Magnification'

NEWARK, N.J. - The New Jersey Superior Court Appellate Division created a "bright-line" rule April 27 that forbids expert witnesses from presenting an opinion in a civil personal injury case heard by a jury on the concepts of symptom magnification and malingering in an attempt to impeach a...

Mealey's Toxic Tort/Environmental - LHWCA Completely Immunizes Employer From Third-Party Asbestos Claims, Judge Says

BALTIMORE - A man's asbestos-related exposures occurring during work covered by the Longshore and Harbor Workers' Compensation Act (LHWCA) provide his employer with immunity from third-party claims, a federal judge in Maryland held April 25 in granting a railroad summary judgment (Charles Lemuel...