LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - 8th Circuit Upholds Target Data Breach Class Certification, Settlement

ST. PAUL, Minn. - Rejecting objections by two class members, an Eighth Circuit U.S. Court of Appeals panel on June 13 affirmed a trial court's approval of a $10 million settlement between Target Corp. and a class of consumers affected by a 2013 data breach, finding that on remand after a previous...

Mealey's Insurance - Judge Certifies Question On Collapse In Insureds' Breach Of Contract Suit

HARTFORD, Conn. - In a breach of contract dispute over coverage for cracking in a basement, a Connecticut federal judge certified on June 15 a question to the state's high court on what constitutes "substantial impairment of structural integrity" for purposes of applying a collapse provision...

Mealey's Insurance - Magistrate Judge Grants Reinsurer's Motion To Compel Production Of Documents

SACRAMENTO, Calif. - In two putative class actions over a reinsurance participation agreement (RPA), a California federal magistrate judge on June 14 ordered an insurance agency to produce nonprivileged, responsive information requested by a reinsurer and its affiliates (Shasta Linen Supply Inc. v. Applied...

Mealey's IP/Tech - RICO Claims Dismissed In Trade Secret Lawsuit Against Google, Others

SAN JOSE, Calif. - A federal judge in California on June 13 ruled that an architect and his firm have not shown that they have standing to bring claims for violation of the Racketeer Influenced and Corrupt Organizations Act in a trade secret misappropriation and RICO lawsuit by failing to provide sufficient...

Mealey's Litigation Procedure - Facebook Instant Messages Deemed Discoverable In Anthem ERISA Class Action

INDIANAPOLIS - In light of a defendant's showing of relevance and the plaintiffs' failure to establish privilege, an Indiana federal magistrate judge on June 14 concluded that a Facebook instant message string between two named plaintiffs was not covered by a protective order in a putative class...

Mealey's PI/Product Liability - 9th Circuit Reverses Dismissal Of Smith & Nephew Metal-On-Metal Hip Case

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on June 13 reversed dismissal of a Smith & Nephew Inc. metal-on-metal hip complaint, saying the plaintiff has or can make plausible claims that the manufacturer failed to warn about early failure rates of its Birmingham Hip Replacement (BHR...

Mealey's PI/Product Liability - New Jersey Appeals Court: Yaz/Yasmin Plaintiff Didn't Provide Valid Expert Report

TRENTON, N.J. - A New Jersey appeals panel on June 18 agreed with a trial court that a Yaz/Yasmin plaintiff failed to provide a valid expert opinion to support her claim, resulting in dismissal with prejudice (Rhonda Fuller v. Bayer Corp., et al., No. A-4813-1574, N.J. Super., App. Div., 2018 N.J. Super...

Mealey's Insurance - Disability Benefits Suit Remanded For Determination On Equitable Remedy

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on June 15 remanded a disability benefits dispute to the district court to determine whether the claimant is entitled to equitable relief based on the disability plan's failure to properly offset the claimant's disability benefits (Petar...

Mealey's IP/Tech - Rehearing Denied In Dispute Over Alleged False Statements Made To PTO

WASHINGTON, D.C. - In a June 15 order, the Federal Circuit U.S. Court of Appeals announced that it will not rehear a dispute over whether it or the Fifth Circuit U.S. Court of Appeals has jurisdiction to decide a dispute over antitrust violations stemming from fraud before the U.S. Patent and Trademark...

Mealey's Insurance - 9th Circuit Rejects Excess Insurer's Appeal Seeking $1M From Primary Insurer

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on June 18 affirmed a lower court's ruling that a primary insurer does not owe an additional $1 million under a Parking Operations Errors and Omissions Endorsement for injuries allegedly incurred at a parking garage (Scottsdale Insurance Company...

Mealey's Banking & Finance - 9th Circuit Affirms Dismissal Of UCL, HBOR Claims Related To Foreclosure

PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on June 18 affirmed a district court's decision to grant judgment on the pleadings for lenders and a loan servicer, holding that her claims were barred by a two-year statute of limitations and that she had no viable claim for violation of...

Mealey's Insurance - Objections Overruled, Insurance Bad Faith Suit Remanded To State Court

HOUSTON - A federal judge in Texas on June 18 overruled a series of objections filed by an insurer in an insurance breach of contract and bad faith lawsuit, ruling that a federal magistrate judge properly recommended that insureds' lawsuit against the insurer stemming from denial of their homeowners...

Mealey's PI/Product Liability - Texas Opioid MDL Assigned To Judge In Bexar County

AUSTIN, Texas - The Texas Multidistrict Litigation Panel on June 18 appointed Judge David Peeples of the Bexar County District Court as the pretrial judge for the panel's recently created opioid multidistrict litigation (In Re: Texas Opioid Litigation, MDL No. 18-0358, Texas MDL).

Mealey's Insurance - California Federal Judge Overturns Insurer's Denial Of LTD Benefits

SAN FRANCISCO - A disability claimant is entitled to long-term disability (LTD) benefits because the evidence from the claimant's treating physicians and evidence obtained from the disability insurer's medical reviewers support a finding that the claimant is disabled under the plan's any...

Mealey's Bankruptcy - Maryland Casualty Says Latest Insurer Liability Action Should Get The Boot

WILMINGTON, Del. - A recent lawsuit in a string of actions seeking to hold insurers of former Chapter 11 debtor W.R. Grace & Co. liable for claimants' asbestos diseases should be dismissed because a Delaware federal bankruptcy judge has already found that the claims are barred by the protections...

Mealey's IP/Tech - 9th Circuit Reverses Finding Of 'Mastermind' Trademark Invalidity

SAN FRANCISCO - A California federal judge erred when dismissing a trademark infringement complaint on grounds of trademark invalidity, as well as in his subsequent order canceling the "Mastermind" trademark, the Ninth Circuit U.S. Court of Appeals ruled June 15 (Raul Caiz v. William Leonard...

Mealey's Litigation Procedure - Opioid-Pushing Doctor's Conviction Upheld, As Is Medical Expert's Testimony

ATLANTA - The 11th Circuit U.S. Court of Appeals on June 14 affirmed the conviction of a doctor for participating in opioid "pill mills" in Georgia, finding no abuse of discretion by the trial court in allowing a government expert to testify that the doctor's conduct showed that he was...

Mealey's PI/Product Liability - Couple's Contract, Warranty Claims Over Leaky Windows Survive Dismissal

PITTSBURGH - A couple's claims for breach of warranty and breach of contract survived motions to dismiss filed by the builder of their custom home and the manufacturer of the windows after a federal judge in Pennsylvania on June 18 found that the repair doctrine could be applied to make the claims...

Mealey's PI/Product Liability - Zostavax Shingles Vaccine MDL To Be Weighed July 26 By Judicial Panel

WASHINGTON, D.C. - The Judicial Panel on Multidistrict Litigation will hear arguments on July 26 on a motion by Merck Sharpe & Dohme Corp. to create a multidistrict litigation for 57 federal lawsuits alleging that patients who received Merck's Zostavax shingles vaccine developed the virus (In...

Mealey's Toxic Tort/Environmental - Man: Asbestos Packaging Evidence Required Sending Failure-To-Warn Claim To Jury

WEST PALM BEACH, Fla. - A man's ability to recall an asbestos-containing brake box's design clearly indicates that he looked at the packaging and required sending failure-to-warn claims to a jury, a man tells a Florida appeals court in a June 14 reply brief (James W. Coates, et al. v. Honeywell...

Mealey's Litigation Procedure - Wells Fargo's $142M Unauthorized Account Settlement Is Granted Final Approval

SAN FRANCISCO - A California federal judge on June 14 granted final approval of a $142 million settlement that will be paid by Wells Fargo & Co. and Wells Fargo Bank N.A. to resolve class claims that the bank opened accounts for individuals, enrolled them in products and services and submitted applications...

Mealey's Insurance - Judge: No Coverage For Insured's Costs From Nondefective Repairs

SALT LAKE CITY - Two insurers owe no coverage to an insured contractor for costs incurred from repairing nondefective parts of construction projects as a result of the process to remove and replace a subcontractor's nonconforming lumber, a Utah federal judge ruled June 18 (Big-D Construction Midwest...

Mealey's Insurance - Tax Judge: Company Did Not Issue Insurance, Reinsurance Contracts

WASHINGTON, D.C. - Because a company did not issue insurance or reinsurance contracts during the tax years at issue, a U.S. tax judge ruled June 18 that it did not receive more than 50 percent of its gross receipts from insurance premiums (Reserve Mechanical Corp. v. Commissioner of Internal Revenue...

Mealey's Banking & Finance - New Jersey Panel Holds Foreclosure Action Was Timely, Affirms Ruling

TRENTON, N.J. - A New Jersey appeals court on June 15 ruled that a bank's original foreclosure case, which was voluntarily dismissed, did not begin to run a statute of limitations, rejecting a borrower's argument that the foreclosure action was time-barred (Deutsche Bank National Trust Company...

Mealey's Litigation Procedure - Federal Judge Refuses To Dismiss Petition To Confirm $48M ICC Award

NEW YORK - A New York federal judge on June 15 refused to grant a motion filed by a group of mining entities to dismiss a petition to confirm a $48,053,462 arbitral award issued by the International Chamber of Commerce's (ICC) International Court of Arbitration in favor of a group of Brazilian companies...