LexisNexis® Legal Newsroom
Mealey's IP/Tech - Federal Circuit Rules Against Samsung, Confirms Validity Of Patents

WASHINGTON, D.C. - Samsung Electronics America Inc. and other appellants on June 23 failed to persuade the Federal Circuit U.S. Court of Appeals that three patents challenged through inter partes review were erroneously deemed valid by the Patent Trial and Appeal Board (Samsung Electronics America Inc...

Mealey's IP/Tech - Divided Federal Circuit: PTO Entitled To Fees When Defending Patent Denials

WASHINGTON, D.C. - A Virginia federal judge's decision to deny the U.S. Patent and Trademark Office (PTO) an award of attorney fees incurred in connection with defending the rejection of a patent application was reversed June 23 by a divided Federal Circuit U.S. Court of Appeals (Nantkwest Inc. v...

Mealey's Litigation Procedure - Federal Judge Lets VW Franchise Dealers File Amended Complaint Against Bosch

SAN FRANCISCO - A California federal judge on Jan. 23 denied a motion by Robert Bosch GmbH and Robert Bosch LLC to dismiss Volkswagen-branded franchise dealers' amended and consolidated class action complaint alleging that the Bosch defendants helped the automaker develop the "defeat devices"...

Mealey's PI/Product Liability - NECC Head Sentenced To 9 Years For Role In Fungal Meningitis Outbreak

BOSTON - The former head of a compounding pharmacy at the center of a deadly fungal meningitis outbreak was sentenced June 26 to nine years in federal prison following his conviction on fraud and racketeering charges (United States of America v. Barry J. Cadden, No. 14-cr-10363, D. Mass.).

Mealey's Toxic Tort/Environmental - High Court Denies New Mexico's Request To Sue Colorado Over Mine Spill

WASHINGTON, D.C. - The U.S. Supreme Court voted 7-2 on June 26 to deny New Mexico's motion for leave to file a bill of complaint against Colorado over the Aug. 5, 2015, Gold King Mine disaster, which resulted in the release of more than 3 million gallons of toxic mine sludge and wastewater into the...

Mealey's Insurance - 4th Circuit Panel Says Plan Defendants Are Required To Adopt SSA's Onset Date

RICHMOND, Va. - Because a plan administrator failed to follow a reasoned process in determining a disability claimant's onset date of disability, the plan must adopt the disability onset date determined by the Social Security Administration (SSA), the Fourth Circuit U.S. Court of Appeal said June...

Mealey's PI/Product Liability - Vioxx MDL Judge Won't Use All Writs Act To Overturn Transferor Court Dismissal

NEW ORLEANS - The Vioxx multidistrict judge on June 23 denied a request to use the court's All Writs Act authority to overturn a statute-of-limitations dismissal by a transferor court (In Re: Vioxx Products Liability Litigation, MDL Docket No. 1657, No. 05-md-1657, Jo Levitt v. Merck Sharp &...

Mealey's Insurance - Majority Finds Excess Professional Insurance Policy Is Ambiguous, Reverses Ruling

CONCORD, N.H. - A majority of the New Hampshire Supreme Court on June 22 reversed and remanded a lower court's ruling in favor of an excess health care professional liability insurer in a coverage dispute arising from a hepatitis C outbreak, finding that the policy's Coverage A is subject to...

Mealey's Toxic Tort/Environmental - D.C. Circuit Court Denies Gas Company's Appeal Over Agency's Delayed Decision

WASHINGTON, D.C. - A panel of the District of Columbia Circuit U.S. Court of Appeals on June 23 ruled that a gas company has no standing to appeal a New York agency's failure to address its application for a permit documenting that its pipeline will satisfy the standards of the Clean Water Act because...

Mealey's Litigation Procedure - Colgate-Palmolive Whitening Claims Class Suit Stayed Pending FTC Investigation

NEW YORK - A New York federal judge on June 23 denied a motion to dismiss a class suit accusing Colgate-Palmolive Co. of false labeling claims on its whitening toothpaste but agreed to stay the case until an investigation by the Federal Trade Commission is concluded (Lori Canale, et al. v. Colgate-Palmolive...

Mealey's Insurance - California Federal Judge Denies Motion To Dismiss Counterclaims In Sewage Suit

LOS ANGELES - A California federal judge on June 23 denied a motion to dismiss bad faith counterclaims against an insurer in a coverage dispute arising out of a sewage spill after determining that the counterclaims sufficiently allege facts in support of the claims (Travelers Property Casualty Company...

Mealey's Litigation Procedure - Cellphone Tower Data Expert Allowed For 2 Defendants' Robbery Trial

NEW ALBANY, Ind. - A police expert can testify about cellphone towers, data dumping, pinging and triangulation during a trial for two men accused of committing a series of retail store robberies, an Indiana federal judge ruled June 23 after finding that the expert is qualified and his methods are sound...

Mealey's Insurance - Judge Dismisses Insolvent Insurer's Shareholder's Negligence, Fraud Lawsuit

WILMINGTON, Del. - A Delaware federal judge on June 23 declined to exercise supplemental jurisdiction over an insolvent insurer's shareholder's negligence and fraud lawsuit against various individuals involved in the liquidation of the insurance company (Jeffrey Cohen, et al. v. Kathleen Birrane...

Mealey's Securities/D&O Liability - U.S. Supreme Court To Hear SLUSA Jurisdictional Provisions Appeal

WASHINGTON, D.C. - The U.S. Supreme Court on June 27 agreed to hear an appeal of a California Superior Court ruling that shareholders in a securities class action are not preempted from bringing their claims under the Securities Act of 1933 by the Securities Litigation Uniform Standards Act (SLUSA) ...

Mealey's Securities/D&O Liability - Split D.C. Circuit Panel Rejects Claims In SEC Appointments Clause Appeal

WASHINGTON, D.C. - Without providing further detail, an equally divided 10-judge panel of the District of Columbia Circuit U.S. Court of Appeals on June 26 denied on rehearing en banc an investment adviser and his company's argument that a lower court erred in determining that the Securities and...

Mealey's Toxic Tort/Environmental - Groups: Trump Executive Order Rescinding Federal Regulations Violates Constitution

WASHINGTON, D.C. - Organizations that oppose President Donald J. Trump's executive order that a government agency may issue a new regulation only if it rescinds at least two existing regulations on June 26 filed a brief in the U.S. District Court for the District of Columbia arguing that the order...

Mealey's Insurance - Malpractice Claim Reported Too Late To Trigger Coverage, 6th Circuit Affirms

CINCINNATI - The Sixth Circuit U.S. Court of Appeals on June 27 affirmed a lower federal court's rulings in favor of an insurer and its administrator in a coverage dispute arising from an underlying $275,825.29 legal malpractice judgment against an attorney insured (David C. McCarty, et al. v. National...

Mealey's Toxic Tort/Environmental - Court: Pfizer Didn't Put Itself Out As Manufacturer Of Quigley Asbestos Products

SEATTLE - Pfizer Inc. did not put itself out as the apparent manufacturer of Quigley Co. Inc.'s asbestos-containing products under the Restatement of Torts, a Washington appeals panel held June 26 in an opinion of first impression (Margaret Rublee, et al. v. Carrier Corp., et al., No. 75009-7-I,...

Mealey's Insurance - 7th Circuit Says Claim Barred By Failure To Comply With Policy Receipt Provision

CHICAGO - The Seventh Circuit U.S. Court of Appeals on June 27 affirmed a district court's ruling that an insurer has no duty to provide coverage for the contamination of an insured's products because the insured did not execute a storage agreement or possess a warehouse receipt as required by...

Mealey's IP/Tech - Federal Circuit Reverses, Vacates Noninfringement Judgment, Fee Award

WASHINGTON, D.C. - In a June 23 ruling, the Federal Circuit U.S. Court of Appeals found that a Texas federal judge erroneously granted a defendant summary judgment of noninfringement with regard to a wastewater treatment system patent (Mark N. Chaffin v. Michael R. Braden, et al., No. 16-2572, Fed. Cir...

Mealey's Litigation Procedure - Alabama Federal Judge Finds Prisoner Class Has Been Denied Mental Health Care

MONTGOMERY, Ala. - The mental health care provided to prisoners by the Alabama Department of Corrections (ADOC) is "horrendously inadequate" and violates the Eighth Amendment to the U.S. Constitution rights of a class of prisoners, an Alabama federal judge ruled June 27 (Edward Braggs, et al...

Mealey's Securities/D&O Liability - High Court Won't Hear Appeal In Deepwater Horizon Securities Suit

WASHINGTON, D.C. - The U.S. Supreme Court on June 27 denied an investor's petition for writ of certiorari that sought to overturn a federal district court's dismissal of a securities class action lawsuit as time-barred against Transocean Ltd. and certain of its former executive officers stemming...

Mealey's PI/Product Liability - Next NECC Criminal Trial Reset To Sept. 15 For Pharmacist Glen Chin

BOSTON - A day after sentencing a defendant for his role in the fungal meningitis outbreak, a Massachusetts federal judge on June 27 scheduled the next criminal trial in the case for Sept. 15 (United States of America v. Glenn Chin, No. 14-10260, D. Mass.).

Mealey's Insurance - No Coverage Afforded For Home's Foundation Damage, Federal Judge Says

HARTFORD, Conn. - No coverage is afforded for foundation damage to an insured home because no coverage is afforded for collapse or for latent defects under the policy at issue, a Connecticut federal judge said June 26 in granting an insurer's motion for summary judgment (Gueng-Ho Kim et al., v. State...

Mealey's Litigation Procedure - Defense Expert Excluded In Case Alleging Illegal Kickbacks For Lab Work

CHARLESTON, S.C. - An expert for health care defendants accused of running kickback schemes cannot testify because his opinion draws on legal conclusions that should be left to the court to decide, is based on unsound methodology and would mislead a jury, a South Carolina federal judge held June 26 in...