LexisNexis® Legal Newsroom
Mealey's Insurance - Former NFL Player Files Class Action, Alleges Plan Breached Fiduciary Duties

NEW YORK - A former National Football League player on May 22 filed suit in New York federal court, alleging that the NFL's retirement plan and its fiduciaries duty violated the Employee Retirement Income Security Act by refusing to reclassify players' disability benefits as football degenerative...

Mealey's Insurance - Judge Refuses To Reconsider Denial Of Summary Judgment Motion In Reinsurance Case

SYRACUSE, N.Y. - In a dispute over whether a reinsurer is obligated to pay an insurer's defense expenses arising from a $3.2 million asbestos claims settlement, a New York federal judge on May 23 declined to reconsider an earlier finding of ambiguity in the reinsurance certificate provisions (Utica...

Mealey's Insurance - Louisiana Panel Affirms Grant Of Peremptory Exception Of Res Judicata To Insurer

SHREVEPORT, La. - A Louisiana appeals panel on May 23 affirmed a lower court's ruling that granted the peremptory exception of res judicata filed by an insurer and dismissed with prejudice an underlying lawsuit seeking penalties and damages for an insurer's alleged failure to timely pay medical...

Mealey's Litigation Procedure - Federal Judge To Reconsider Settlement Denial In Wine Pricing Class Suit

CAMDEN, N.J. - A New Jersey federal judge is set to reconsider on June 4 an April 17 opinion denying final approval of multi-million settlement in a class lawsuit accusing an online wine retailer of mispresenting pricing and the savings to consumers (Kyle Cannon, et al. v. Ashburn Corporation, et al...

Mealey's Bankruptcy - Claimants Seek To Have Future Asbestos Claims Against Debtors Reinstated

WILMINGTON, Del. - The due process violations suffered by future asbestos claimants from the reorganization plan of Chapter 11 debtor Energy Future Holdings Corp. (EFH) are so egregious that the plan's treatment of the claimants demands reversal, eight such claimants told a Delaware federal court...

Mealey's Insurance - Stockholders Sue Financial Company's Directors For Breach Of Fiduciary Duty

WILMINGTON, Del. - Stockholders in a May 21 complaint filed in a Delaware court accuse the directors of a financial company operating in the insurance and reinsurance business of breaching their fiduciary duty by transferring the value of stocks to their benefit (Icahn Partners LP, et al. v. Barry D...

Mealey's IP/Tech - Apple's Award Increased To $538 Million Following Smartphone Patent Retrial

SAN FRANCISCO - Following five days of deliberation, jurors empaneled before U.S. Judge Lucy Koh of the Northern District of California on May 24 returned a verdict in favor of Apple Inc., awarding the software giant $538,641,616 in connection with infringement of three design and two utility patents...

Mealey's Toxic Tort/Environmental - Johnson & Johnson Loses Second Asbestos Trial; Punitives Push Award To $25.75M

WEST COVINA, Calif. - A California jury on May 24 added $4 million in punitive damages to an asbestos-tainted talc verdict against Johnson & Johnson, bringing the total verdict to $25.75 million, sources told Mealey's Publications. The company has now been hit with more than $142 million in damages...

Mealey's Litigation Procedure - California High Court: Public Social Media Posts Discoverable Under SCA

SAN FRANCISCO - The Stored Communications Act (SCA) prohibits a service provider from disclosing only communications that are private or for restricted audiences, the California Supreme Court held May 24, affirming in part an appeals court's reversal of an order requiring three social media provider...

Mealey's Toxic Tort/Environmental - Jury Hears Arguments, First Salvos From Experts In Asbestos-Talc Case

SPARTANBURG, S.C. - A South Carolina jury on May 24 heard from dueling experts over whether cosmetic talcum powder exposes an individual to asbestos and whether the product's usage could lead to pericardial mesothelioma (Bertila Boyd-Bostic v. Imerys Talc America, et al., No. 17-CP-16-0400, S.C....

Mealey's Toxic Tort/Environmental - Minnesota Court Affirms $3.7M Award, Rejects Expert, Liability Challenges

ST. PAUL, Minn. - A Minnesota court on May 21 affirmed a $3.7 million asbestos verdict, rejecting a defendant's claim that experts testified that every exposure to asbestos caused disease, that the expert testimony did not support the verdict and that the court should have applied 2003 amendments...

Mealey's Securities/D&O Liability - Judge: Investor's Amended Complaint Failed To Cure Pleading Deficiencies

NEW YORK - The lead plaintiff in a shareholder class action against pharmacy benefits manager (PBM) Express Scripts Holding Co. and certain of its executives failed to cure pleading deficiencies in its second amended complaint after its federal securities law claims had previously been dismissed for...

Mealey's Insurance - Panel Reverses Dismissal Of Trust From Insolvent Insurer's Liquidator's Suit

COLUMBIA, S.C. - The South Carolina Court of Appeals on May 23 reversed a trial judge's dismissal of a dissolved self-insurance trust from a liquidator's declaratory judgment action over an insolvent insurer's coverage obligations for workers' compensation claims because it was not within...

Mealey's IP/Tech - 6th Circuit Turns Away Appeal Of Denied Dismissal Of Trademark Claims

CINCINNATI - A Michigan federal judge's order denying dismissal of trademark infringement allegations will not be reviewed by the Sixth Circuit U.S. Court of Appeals at this time, the court announced May 23 (In re: MovingSites LLC, No. 18-102, 6th Cir., 2018 U.S. App. LEXIS 13716).

Mealey's Insurance - Insurer Owes No Additional Coverage For Mold Damage, Federal Judge Determines

CAMDEN, N.J. - An insurer did not breach its contract or act in bad faith when it limited its payment for mold damage within an insured home because the policy at issue included a provision limiting coverage for mold damage, a New Jersey federal judge said May 23 (Charles Hobbs, et al. v. US Coastal...

Mealey's Insurance - Surgery Center's Consumer Fraud Counterclaim Against Insurers Dismissed By Judge

CHICAGO - A surgery center failed to sufficiently state a claim against two insurance companies for violating the Illinois Consumer Fraud Act (ICFA), a federal judge in Illinois ruled May 24, holding that the insurers' alleged misrepresentations to the center about whether its procedures were covered...

Mealey's Litigation Procedure - Spring Water Labeling Class Claims Against Extractor Survive Dismissal Motion

PHILADELPHIA - A former spring water extractor who filed a class complaint accusing other companies of damaging his business by falsely labeling their water as "spring water" may proceed with his Lanham Act and state law claims against only another extractor, not three bottling companies, a...

Mealey's Insurance - Insolvent Insurer's Policy Does Not Cover Personal Injury Suit, Panel Finds

CHICAGO - A Chicago cab company was not covered by the Illinois Insurance Guaranty Fund (IIGF) under an insolvent insurer's policy for an underlying personal injury lawsuit because the accident occurred outside the time the subject taxi was covered, an Illinois appeals panel affirmed May 23 (The...

Mealey's Litigation Procedure - No Prejudice Found In Use Of Surgeon As Expert Without Full Disclosure

WEST PALM BEACH, Fla. - A Florida court did not abuse its discretion in allowing a treating physician in a personal injury case to testify as an expert witness about causation and permanency of injuries, even though the doctor was not designated as an expert witness as required by a trial preparation...

Mealey's Toxic Tort/Environmental - Panel: Lago Agrio Parties May Not Pierce Chevron's Corporate Veil To Collect $9.5B

TORONTO - The Ontario Court of Appeal on May 24 affirmed a lower court's ruling that refused to pierce the corporate veil of Chevron Corp. to enforce a $9.5 billion environmental damages ruling for Ecuadorian claimants who contend that they were injured by the company during its operation in the...

Mealey's Toxic Tort/Environmental - Cleanup Defendant's 11th-Hour Arguments On Entities' Liability Rejected By Judge

INDIANAPOLIS - A federal judge in Indiana on May 22 overruled a defendant company's argument that its preceding entities should be able to escape liability for cleanup costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for remediation of a former steel...

Mealey's Securities/D&O Liability - Insured's Conclusory Bad Faith Allegations Lead To Summary Judgment Ruling

PHILADELPHIA - A federal judge in Pennsylvania on May 23 granted partial summary judgment on an insurance bad faith claim in an underinsured motorist dispute, ruling that an insured pleaded only conclusory allegations in stating the claim (Marc Williams v. Liberty Mutual Insurance, No. 17-3862, E.D....

Mealey's IP/Tech - Hotel Franchisor Awarded More Than $900,000 In Franchisee Profit Dispute

HOUSTON - A Texas federal judge on May 22 awarded a hotel franchisor more than $900,000 on its unopposed motion for damages and attorney fees against a former franchisee that continued to use registered trademarks after its franchise agreement was terminated and now must remit profits during that time...

Mealey's Labor & Employment - Pennsylvania Federal Judge Applies Federal Tolling To State Employment Claims

PHILADELPHIA - The federal law of tolling, not the Pennsylvania law, applies to state law claims within the federal court's supplemental jurisdiction, a Pennsylvania federal judge ruled May 22, denying a motion by Allstate Insurance Co. to grant partial summary judgment on state law claims by 12...

Mealey's PI/Product Liability - Pfizer To Pay $23.8M For Using Patient Foundation To Pay Medicare Copays

BOSTON - Pfizer Inc. will pay $23.85 million to settle federal civil allegations that it used a charitable foundation as a conduit to pay the copays of Medicare patients taking three Pfizer drugs in violation of the False Claims Act, 31 U.S.C. 3729 et seq., according to an agreement signed May 24 by...