LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Colorado Governor Signs Bill Aimed At Making Defects Lawsuits Harder To File

DENVER - According to published reports, Colorado Gov. John Hickenlooper on May 23 signed into law a bill designed to make it harder to sue developers of condominiums by requiring that a majority of unit owners consent to filing a lawsuit before it can be brought.

Mealey's Insurance - Judge Finds Professional Liability Exclusion Applies To Construction Inspector

GREENVILLE, S.C. - A federal judge in South Carolina on May 24 awarded summary judgment to State Farm Fire and Casualty Insurance Co., ruling that the professional liability exclusion does not require the insurer to provide coverage to a construction inspection company accused of negligence (State Farm...

Mealey's Insurance - Reinsurer: Insurer Is Not Entitled To Judgment On Reimbursement, Allocation

SYRACUSE, N.Y. - In a breach of contract dispute over asbestos coverage, a reinsurer opposes in separate briefs filed on May 24 an insurer's request to a New York federal court for summary judgment on reimbursement and allocation issues (Utica Mutual Insurance Co. v. Munich Reinsurance America Inc...

Mealey's Insurance - Judge Trims Claims In Renters Insurance Dispute Over Fire Losses

ST. LOUIS - A federal judge in Missouri partially dismissed claims in an insurance dispute over coverage for a renters insurance policy on May 22, ruling that insureds failed show that they could bring a state law claim for breach of fiduciary duty of good faith and fair dealing against their insurer...

Mealey's Toxic Tort/Environmental - Florida Judge Declares Mistrial In Engle Progeny Lawsuit

JACKSONVILLE, Fla. - A Florida state court judge on May 23 declared a mistrial in an Engle progeny suit in which a woman claimed that a tobacco company hid the dangers of smoking from her husband, which led to his lung cancer and death, because the judge gave contradictory jury instructions that may...

Mealey's Securities/D&O Liability - Judge Substantially Denies Motion To Dismiss In IPO Stock Drop Suit

NEW YORK - A pension fund has properly pleaded a majority of its federal securities law claims alleging that a company, certain of its officers and directors and the underwriters of its initial public offering (IPO) concealed from investors that the company was expected to see a tax increase that would...

Mealey's PI/Product Liability - Missouri Appeals Panel Upholds Defense Verdict In Medical Malpractice Suit

ST. LOUIS - A Missouri appeals panel on May 23 upheld a defense verdict in a medical malpractice suit after finding that a defense attorney did not misconstrue evidence during closing arguments and that the trial court's decision to exclude evidence of potential witness tampering did not prejudice...

Mealey's Labor & Employment - DOL Fiduciary Duty Rule Set To Take Effect On June 9

WASHINGTON, D.C. - The U.S. Department of Labor's (DOL) new fiduciary duty rule regarding investment advice will take effect June 9, Secretary of Labor Alexander Acosta said in a May 23 op-ed article in The Wall Street Journal.

Mealey's Insurance - Policy Limits Flood Coverage To $1M, Majority Says In Superstorm Sandy Dispute

TRENTON, N.J. - A majority of the Supreme Court of New Jersey on May 25 reversed an appeals court's ruling that held that an insured is owed $207,961.28 for debris removal in addition to $1 million in flood coverage under a surplus lines insurance policy, reinstating a lower court's partial summary...

Mealey's Insurance - Notice Of Lawsuit Over Sales Commissions Was Untimely, 8th Circuit Affirms

ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on May 25 affirmed a lower federal court's ruling that a food marketing and distribution company insured's notice of an underlying lawsuit brought by its former employee was untimely (Food Market Merchandising Inc. v. Scottsdale Indemnity Co...

Mealey's Toxic Tort/Environmental - Louisiana Court Adds $1M To Couple's 'Too Low' Asbestos Verdict

NEW ORLEANS - Evidence presented at trial and past jury awards in mesothelioma cases support raising a jury's noneconomic damages award to $1.5 million from $500,000, a Louisiana appeals court held May 24 (Frank S. Romano Sr. and Lynn Rome Romano v. Metropolitan Life Insurance Co., et al., No. 2016...

Mealey's PI/Product Liability - Teva Settles California Counties' Opioid Lawsuit For $1.6M, Marketing Restrictions

SANTA ANA, Calif. - Teva Pharmaceuticals Inc. has agreed to settle an opioid marketing lawsuit filed by Orange and Santa Clara counties for $1.6 million and marketing restrictions, Santa Clara County announced May 24 in a press release (State of California, et al. v. Purdue Pharma LP, et al., No. 2014...

Mealey's Toxic Tort/Environmental - ConocoPhillips To Pay $39M To Settle MTBE Lawsuit

NEW YORK - A federal judge in New York on May 23 approved a $39 million settlement deal under which ConocoPhillips, a defendant in the multidistrict litigation for groundwater contamination from methyl tertiary butyl ether (MTBE), will be released from the litigation (In Re: Methyl Tertiary Butyl Ether...

Mealey's Labor & Employment - 9th Circuit: Trial Court Abused Its Discretion Not Enforcing EEOC Subpoena

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on May 24, considering a case on remand from the U.S. Supreme Court, vacated a trial court's order denying enforcement of an Equal Employment Opportunity Commission administrative subpoena issued as part of the investigation of a gender bias...

Mealey's Litigation Procedure - Drillers' Wage-And-Hour Class Suit Is Settled For $3 Million

FRESNO, Calif. - A California federal judge on May 23 granted preliminary approval of a $3 million settlement to be paid by an industrial service company to end claims that it improperly classified directional drillers as independent contractors and failed to pay overtime wages and meal and rest period...

Mealey's IP/Tech - Federal Circuit Lacks Jurisdiction In Dispute Over Prejudgment Interest

WASHINGTON, D.C. - A Nevada federal judge's decision to award Halo Electronics Inc. prejudgment interest in a patent dispute is not appealable, because a final judgment has not yet been entered in the case, the Federal Circuit U.S. Court of Appeals ruled May 26 (Halo Electronics Inc. v. Pulse Electronics...

Mealey's Insurance - California Federal Judge Says Evidence Supports Finding That Claimant Is Disabled

SAN FRANCISCO - A California federal judge on May 24 granted a disability claimant's motion for judgment on the administrative record after determining that the evidence does not support the disability insurer's termination of benefits after paying the claimant benefits for almost eight years...

Mealey's IP/Tech - Federal Circuit Remands For Redetermination Of Mark Cancellation Petition

WASHINGTON, D.C. - A rejection by the Trademark Trial and Appeal Board (TTAB) of a petition for cancellation of the "Alec Bradley Star Insignia" trademark was vacated and remanded by the Federal Circuit U.S. Court of Appeals on May 24 (Joseph Phelps Vineyards LLC v. Fairmont Holdings LLC, No...

Mealey's Insurance - Judge: Issues Must Be Resolved In Bad Faith Suit Before Judgment Can Be Issued

OXFORD, Miss. - Summary judgment in an insurance breach of contract and bad faith lawsuit is not proper because an insured has stated material issues of genuine fact that must be determined before any judgment may be issued in the action, a federal judge in Mississippi ruled on May 23 in denying an insurer's...

Mealey's Litigation Procedure - Woman Loses Bid For Habeas Relief Based On Fire Expert's Arson Finding

DETROIT - A Michigan federal judge on May 25 upheld the conviction of a woman for setting fire to her house to collect insurance money after rejecting her challenge to an expert's opinion that the fire was caused by arson (Audrey Pruitt v. Anthony Stewart, No. 2:15-cv-10812, E.D. Mich., 2017 U.S...

Mealey's Toxic Tort/Environmental - Judge: Tribes Must Follow Cigarette Trafficking Act's Record-Keeping Regulations

WASHINGTON, D.C. - The record-keeping provisions of the Contraband Cigarettes Trafficking Act (CCTA) applies to tribal entities for tobacco sales on as well as off the reservation, a District of Columbia federal judge ruled May 24 (Ho-Chunk, Inc., et al. v. Jeff Sessions, in his official capacity as...

Mealey's Toxic Tort/Environmental - Federal Judge Orders UPS To Pay More Than $240M For Shipping Untaxed Cigarettes

NEW YORK - A federal judge in New York on May 25 ordered United Parcel Service Inc. to pay a total of $246,975,614 after finding in March that UPS knowingly shipped cigarettes to unauthorized sellers and on behalf of those sellers to residents in New York (The State of New York, et al. v. United Parcel...

Mealey's Toxic Tort/Environmental - Consumers Sue GM, Parts Maker Over Emissions Defeat Device

DETROIT - Consumers of diesel-model Silverado and Sierra trucks made by General Motors LLC from 2011 to 2016 filed a class action May 25 in Michigan federal court against the automaker and the manufacturer of a part that allegedly allows the vehicles to cheat emissions tests, claiming that the car maker...

Mealey's Insurance - Judge Refuses To Dismiss Insurer's Receiver's Negligence Suit Against Actuary Company

OKLAHOMA CITY - Although a California-based actuary company lacks the more-traditional contacts with a forum state, an Oklahoma federal judge on May 25 denied the company's motion to dismiss a professional negligence suit brought by an insolvent insurer's receiver because one court from "this...

Mealey's Securities/D&O Liability - 9th Circuit: Claims Subject To American Pipe Tolling In Securities Class Action

LOS ANGELES - A federal district court erred in holding that claims in a securities class action lawsuit against a Chinese agricultural products manufacturer and certain of its officers and directors were time-barred because the statute of limitations was tolled pursuant to Supreme Court precedent in...