LexisNexis® Legal Newsroom
Mealey's Insurance - 11th Circuit: 'Overwhelming Evidence' Supported Health Care Fraud Conviction

ATLANTA - An 11th Circuit U.S. Court of Appeals panel on Dec. 12 upheld a man's conviction and sentence for his role in a health care fraud scheme, finding that the government presented "overwhelming evidence" to prove that he received illegal kickbacks and conspired with his co-defendants...

Mealey's Toxic Tort/Environmental - Flint Water Crisis Defendants: 'Preservation Subpoenas' Should Be Denied

DETROIT - Engineering consultants who have been named as defendants in the lead-contaminated water crisis in Flint, Mich., on Dec. 12 filed a brief in Michigan federal court, arguing that the plaintiffs' request for "preservation subpoenas" to preserve evidence should be denied (In re Flint...

Mealey's Toxic Tort/Environmental - Defendant In Flint Water Case: Safe Drinking Water Is Not A Right, Claims Fail

DETROIT - One of the defendants in the lawsuit brought by residents of Flint, Mich., alleging injuries from exposure to lead-contaminated drinking water on Dec. 8 filed a brief opposing the plaintiffs' amended complaint on grounds that there is no constitutional right to safe drinking water and she...

Mealey's Labor & Employment - U.S. Supreme Court Denies Stay In ERISA Forum-Selection Appeals

WASHINGTON, D.C. - On Dec. 8, two days after the U.S. Supreme Court denied a stay request filed by a retiree seeking reinstatement terminated health benefits under the Employee Retirement Income Security Act, the employer being sued waived its right to respond to the retiree's petition for writ of...

Mealey's Insurance - Genuine Issues Of Fact Regarding Settlement Of Auto Claim Exist, Judge Says

COLUMBUS, Ga. - Genuine issues of fact preclude summary judgment on a bad faith failure-to-settle claim because a jury could find that the insurer did not act reasonably in responding to a settlement offer for the full limits of an auto policy, a Georgia federal judge said Dec. 12 in denying the insurer's...

Mealey's Litigation Procedure - Blood Spatter, Criminal Law Experts Can Testify In Excessive Force Suit

TAMPA, Fla. - A Florida federal judge on Dec. 12 allowed a blood spatter expert and a criminal law expert to testify for a couple in their excessive-use-of-force action against several police officers, though she did place limits on both experts' opinions (Michael Bratt, et al. v. Louis Genovese...

Mealey's Litigation Procedure - Federal Magistrate Won't Reconsider Ruling On Counterclaims In Misfiring Suit

MIAMI - A Florida magistrate federal judge on Dec. 12 denied a request to reconsider his October ruling in which he re-designated counterclaims by a gun importer facing a class complaint alleging that its .357 revolvers are defective and can misfire as an affirmative defense and refused to strike it...

Mealey's Litigation Procedure - Yard House Restaurant Worker's Wage Suit Is Stayed Pending Ruling In Morris

LOS ANGELES - A California federal judge on Dec. 11 stayed the proceedings in a wage-and-hour class complaint filed by a restaurant employee in which the defendants moved to compel arbitration, pending the U.S. Supreme Court's ruling in Morris v. Ernst & Young LLP, 834 F. 3d 975 (9th Cir. 2016...

Mealey's Labor & Employment - Assistant Managers Conditionally Certified In Applebee's Franchise Wage Suit

CHICAGO - An Illinois federal judge on Dec. 8 partially granted conditional certification in a class complaint brought by a restaurant franchise assistant manager (AM) who alleges that she and others were misclassified as exempt under the Fair Labor Standards Act (FLSA) and Illinois wage laws but granted...

Mealey's Toxic Tort/Environmental - Group's Presuit Notification Was Sufficient In Suit Over Discharges, Judge Rules

SAN DIEGO - A federal judge in California on Dec. 8 refused to dismiss an environmental group's Clean Water Act lawsuit against the operator of a salvage yard, finding that the group's presuit notification was sufficient and that it adequately alleged that the defendant is failing to comply with...

Mealey's Toxic Tort/Environmental - Texas Court Won't Reconsider $18.6M Verdict, Radiation-Asbestos Causation Issue

DALLAS - A Texas appeals court on Dec. 12 declined to once again wade into a dispute over whether a company preserved the right to appeal a ruling on the role radiation may have played in a man's lung cancer and the resulting $18.6 million asbestos verdict (The Goodyear Tire & Rubber Co. v. Vicki...

Mealey's Litigation Procedure - Split Ohio Appeals Panel: Wage Class May Proceed With Members Who Agreed To Arbitrate

WARREN, Ohio - A divided Ohio appeals court panel on Dec. 11 upheld certification of a class of sales people suing the employer for "pulling" earned commissions, finding that the fact that the class definition encompasses some employees who signed an arbitration agreement not signed by the...

Mealey's Insurance - 5th Circuit Panel Says Appellant Waived Right To Argue That Texas Law Applies

NEW ORLEANS - An insured's assignee whose lungs were damaged by the inhalation of an excess amount of chlorine in the insured hotel's hot tub waived the right to argue that Oklahoma law, rather than Texas law, should be applied because the assignee failed to argue that the application of Texas...

Mealey's Toxic Tort/Environmental - California Jury Adds $4.6M In Punitive Damages To $17.5M Asbestos-Talc Verdict

OAKLAND, Calif. - A California jury on Dec. 11 added $4.6 million in punitive damages after finding two talc companies liable for $17.5 million in compensatory damages for a man's asbestos-related mesothelioma (Booker v. Vanderbilt Minerals, No. RG15796166, Calif. Super., Alameda Co.).

Mealey's PI/Product Liability - Medtronic Pays $12M To 5 States For Deceptive Marketing Of Infuse Bone Graft

BOSTON - Medtronic Inc. has agreed to pay $12 million to five states to resolve allegations that it engaged in deceptive marketing of the company's Infuse bone graft, according to a consent judgment entered Dec. 13 in the Suffolk County, Mass., Superior Court (Commonwealth of Massachusetts v. Medtronic...

Mealey's Litigation Procedure - 9th Circuit Upholds Arbitration Ruling In AT&T Data Class Suit

SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on Dec. 11 upheld a ruling compelling arbitration in a class complaint brought by wireless customers who allege that AT&T Mobility LLC purposely slows data for "unlimited" customers, finding that there is no state action in the...

Mealey's IP/Tech - 9th Circuit Upholds Fee Award In Favor Of Copyright Defendants

SAN FRANCISCO - Two sons of the late concert promoter Bill Graham were properly ordered by a California federal judge to reimburse the attorney fees incurred by four copyright infringement defendants, the Ninth Circuit U.S. Court of Appeals ruled Dec. 13 (Alexander Graham-Sult, et al., v. Nicholas Clainos...

Mealey's Insurance - Evidence Of Man's Prior Acts Of Arson Should Be Admitted, Judge Finds

BOWLING GREEN, Ky. - Evidence related to a man's prior acts of setting fire to three residences and one automobile to collect insurance proceeds should be admitted during his trial on similar claims, a federal judge in Kentucky ruled Dec. 13, finding that the information has probative value as to...

Mealey's Litigation Procedure - U.S. Veterans Seek Class Status In Suit Over 1966 Plutonium Dust Cleanup

WASHINGTON, D.C. - U.S. veterans who were present at the 1966 cleanup of plutonium dust in Palomares, Spain, moved Dec. 11 in the U.S. Court of Appeals for Veterans Claims for class certification in a lawsuit alleging that they were improperly denied service-connected disability compensation based on...

Mealey's PI/Product Liability - Texas Appeals Court Says Judge Erred When Dismissing Couple's Defects Suit

AMARILLO, Texas - A trial court judge in Texas erred when dismissing a couple's construction defects and breach of contract suit against a builder for want of prosecution without providing proper notice, a state appeals court panel ruled Dec. 11 (Patrick Pence, et al. v. S&D Builders LLC, et...

Mealey's Banking & Finance - 7th Circuit Affirms Dismissal Of TILA Rescission Claims As Untimely

CHICAGO - After finding that a former homeowner's right to file a lawsuit in relation to rescission under the Truth in Lending Act (TILA) had expired years before he filed his case against a bank, the Seventh Circuit U.S. Court of Appeals on Dec. 12 affirmed a decision to dismiss his claims as untimely...

Mealey's Insurance - Insurer's Conduct During Appraisal Is Relevant To Insured's Bad Faith Claims

DENVER - A Colorado federal judge on Dec. 12 refused to dismiss an insured's statutory and common-law bad faith claims after determining that the insurer's conduct before, during and after an appraisal proceeding conducted to determine the value of the insured's claim for property damages...

Mealey's Insurance - 5th Circuit: Additional Insured Owed A Defense In Construction Defects Case

NEW ORLEANS - A subcontractor's insurer had a duty to defend an additional insured in a construction defects lawsuit, the Fifth Circuit U.S. Courts of Appeals ruled Dec. 12, affirming in part and reversing in part awards issued in favor of the additional insured (Lyda Swinerton Builders Inc. v. Oklahoma...

Mealey's Litigation Procedure - PCA To Issue Award, Asks Russia And Investors Questions On Quantum

THE HAGUE, Netherlands - In preparation for the issuance of a final award in a treaty dispute over real estate investments in Crimea, the Permanent Court of Arbitration (PCA) on Dec. 13 announced that it has posed certain questions to the investors and the Russian Federation in relation to responsibility...

Mealey's Toxic Tort/Environmental - Proximity To Fracking Sites Linked To Damage To Fetuses, Researchers Find

WASHINGTON, D.C. - A study published in the journal "Science Advances" on Dec. 13 concludes that there is evidence that there are negative effects of in utero exposure to hydraulic fracturing sites when they are located within 1.86 miles of a mother's residence based on the detection of...