LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Unions Lack Standing To Sue OPM Over Data Breach, Judge Rules, Dismissing Suit

WASHINGTON, D.C. - A District of Columbia federal judge on Sept. 19 dismissed a consolidated class action against the U.S. Office of Personnel Management (OPM) related to a series of 2015 data breaches that compromised employees' personally identifiable information (PII), finding that the two plaintiff...

Mealey's Securities/D&O Liability - Judge Allows Majority Of Claims To Survive In Securities Class Action

NEW YORK - A federal judge in New York on Sept. 19 substantially rejected a motion to dismiss filed by defendants in a securities class action lawsuit, ruling that the lead plaintiff in the action has properly pleaded a majority of its federal securities law claims (In re VEON Ltd. Securities Litigation...

Mealey's Insurance - Insurance Fraud Defendants' Emailed Defenses Were Improper, Judge Rules

TRENTON, N.J. - A federal judge in New Jersey on Sept. 19 struck defenses submitted via email by three defendants accused by Government Insurance Co., GEICO Indemnity Co., GEICO General Insurance Co. and GEICO Casualty Co. (collectively GEICO) of submitting approximately $3.3 million in false insurance...

Mealey's Insurance - Tennessee Federal Judge Says Bifurcation Appropriate For Trial Of Bad Faith Claim

MEMPHIS, Tenn. - Bifurcation of a bad faith claim for trial in a coverage dispute over damaged computer hard drives is appropriate because judicial economy will be promoted and prejudice against the insurer will be avoided, a Tennessee federal judge said Sept. 18 in granting the insurer's motion...

Mealey's Insurance - No Coverage Owed For Damages Caused By Collapsed Liquid Propane Tanks

WILLIAMSPORT, Pa. - No coverage is afforded for damages to an insured's property caused by the collapse of liquid propane tanks into a sinkhole because the sinkhole was caused by excess rainfall, which is clearly precluded under the policy's flood exclusion, a Pennsylvania federal judge said...

Mealey's Litigation Procedure - Expert's Testimony On Mine Subsidence Allowed By Federal Judge

WHEELING, W.Va. - An engineering expert can opine that nearby coal-mining operations caused subsidence damage to a couple's property in West Virginia, a federal judge held Sept. 18, finding that the expert's opinion is both reliable and helpful and that the late production of the expert's...

Mealey's Labor & Employment - Judge Orders More Discovery Into Jurisdiction In Health Insurance Billing Spat

ALBUQUERQUE, N.M. - A critical care emergency medical transport company is entitled to further jurisdictional discovery into the individuals involved in denying its health insurance claim and where a defendant defends suits, a federal magistrate judge held Sept. 18 (Med Flight Air Ambulance Inc. v. MGM...

Mealey's Antitrust/Unfair Competition - Panel Affirms Dismissal Of Anti-SLAPP Motion, Finds Tenant Waived Argument

LOS ANGELES - A California panel on Sept. 18 affirmed a trial court's decision to grant a hotel management company's strategic lawsuit against public participation motion in relation to a tenant's causes of action for violation of California's unfair competition law (UCL), invasion of...

Mealey's Labor & Employment - Insurer Files Answer, Wants Immediate Review Of ACA Lactation Coverage Ruling

SAN FRANCISCO - In a motion seeking interlocutory review, an insurer argues that whether the Patient Protection and Affordable Care Act (ACA) requires an insurer to provide access to lactation services or merely forbids financial barriers to obtaining such services is exactly the type of question the...

Mealey's Securities/D&O Liability - Swedish Telecom Provider To Pay Nearly $1B To Settle FCPA Claims

WASHINGTON, D.C. - Swedish telecommunications provider Telia Co. AB has agreed to pay nearly $1 billion as part of a global settlement with U.S., Dutch and Swedish officials for its role in a massive bribery and money laundering scheme with government officials in Uzbekistan, according to documents filed...

Mealey's Toxic Tort/Environmental - Massachusetts Jury Awards $7.55M In Asbestos-Insulation Case

WOBURN, Mass. - A Massachusetts jury on Sept. 20 found a company liable under negligence and breach of warranty claims for its installation of asbestos-containing insulation and awarded a couple $7.55 million for a man's resulting mesothelioma (Gerald and Marjorie Sylvestre v. New England Insulation...

Mealey's PI/Product Liability - Zimmer Sales Rep Loses Discharge Trial, Owes Company $125,000 For Breach Of Duty

ALLENTOWN, Pa. - A Pennsylvania federal court jury on Sept. 21 found that Zimmer Biomet Inc. did not wrongfully discharge a sales representative and found that the sales representative instead breached his duty not to disclose information about Zimmer and its customers and owes his former employer $125...

Mealey's Toxic Tort/Environmental - Advocacy Group Wants Asbestos Experts Rejected, Asks Florida To Adopt Daubert

TALLAHASSEE, Fla. - The Florida Supreme Court should use an asbestos case to adopt the superior standard for reviewing evidence espoused in Daubert regardless of the constitutionality of the Legislature's attempt to do so and reject the opinion that any exposure to asbestos contributes to disease...

Mealey's PI/Product Liability - 11th Circuit Asks Texas High Court When Discovery Rule Started In Pelvic Mesh Case

ATLANTA - The 11th Circuit U.S. Court of Appeals on Sept. 20 asked the Texas Supreme Court to rule whether a pelvic mesh plaintiff has to know of the defendant's alleged wrongdoing before her claim accrues under the Texas discovery rule (Ann Marie Bergin v. Mentor Worldwide LLC, et al., No. 16-14364...

Mealey's PI/Product Liability - 4th DePuy Pinnacle Hip MDL Trial Under Way In Texas With 6 Plaintiffs

DALLAS - The fourth DePuy Pinnacle hip multidistrict trial got under way Sept. 20 in the U.S. District Court for the Northern District of Texas with six New York plaintiffs (In Re: DePuy Orthopaedics, Inc., Pinnacle Hip Implant Products Liability Litigation, MDL Docket No. 11-md-02244, Ramon Alicea,...

Mealey's IP/Tech - Federal Circuit Grants Mandamus Petition, Directs Transfer Of Patent Case

WASHINGTON, D.C. - In rejecting a Texas federal judge's interpretation of In re: Cordis Corp., 769 F.2d 733 (Fed. Cir. 1985), the Federal Circuit U.S. Court of Appeals on Sept. 21 granted a petition for mandamus and ordered a district court to determine on remand whether the case should proceed in...

Mealey's Insurance - Carrier Exception To Exclusion Applies To Allow Coverage For Stolen Wine/Liquor

NEW YORK - Rejecting an insurer's appeal, the Second Circuit U.S. Court of Appeals on Sept. 21 affirmed a lower federal court's finding that a carrier exception to an insurance policy's dishonest acts exclusion applies to allow coverage for an insured's $1,155,480 claim arising from 4...

Mealey's Labor & Employment - Most Of Fiduciary Duty Claims Survive Dismissal Motions By Piggly Wiggly Defendants

CHARLESTON, S.C. - A South Carolina federal judge on Sept. 19 trimmed claims challenging above-market leases and excessive executive compensation, but otherwise denied motions to dismiss filed by Piggly Wiggly Carolina Co. Inc. (PWCC), its former executives and two other individuals sued by former employees...

Mealey's Insurance - Mental Illness Limitation Is Not Valid Under Montana's Mental Health Parity Law

BILLINGS, Mont. - A Montana federal judge on Sept. 20 granted a disability claimant's motion for summary judgment after determining that Montana's mental health parity law requires the plan to provide the claimant with the same benefits for her mental illness as it would if her disability were...

Mealey's Labor & Employment - Texas Federal Judge Allows Breach Of Fiduciary Duty Claims To Proceed

SHERMAN, Texas - A Texas federal judge on Sept. 19 refused to dismiss a plaintiff's breach of fiduciary claims arising out of a health care plan's denial of coverage for autism treatments because the fiduciary claims are not disguised benefits claims and the plaintiff alleged sufficient facts...

Mealey's Litigation Procedure - Design Defect Opinions Admitted In Suit Over Rollover Crash Of Pickup

DENVER - A Colorado federal judge on Sept. 19 declined to exclude design defect opinions of an expert for a man who was paralyzed in a rollover crash of a pickup truck, saying the defendant manufacturers' objections relate to the weight that should be given to the expert's testimony and not whether...

Mealey's Insurance - Homeowners Say Reinsurer, Mortgagors Are Not Entitled To Judgment On RESPA Claim

PITTSBURGH - In a mortgage insurance reinsurance scheme case, mortgagors and a reinsurer are not entitled to judgment on a Real Estate Settlement Procedures Act (RESPA) claim under Third Circuit U.S. Court of Appeals law, homeowners say in a brief filed Sept. 19 in a Pennsylvania federal court (Linda...

Mealey's Insurance - Ohio Federal Judge Denies Motion To Dismiss, Says Release Was Pollution Incident

COLUMBUS, Ohio - An Ohio federal judge on Sept. 19 denied an insurer's motion to dismiss after determining that the insured sufficiently alleged facts to support its claim that the release of hazardous waste was a pollution incident under the terms of the policy at issue (Olymbec USA LLC v. Aspen...

Mealey's Insurance - Reinsurer Asks Federal Court To Allow Amendment To Assert Statute Of Limitations Defense

PHILADELPHIA - A reinsurer argues in a Sept. 20 reply brief that a Pennsylvania federal court should allow it leave to amend its answer to an insurer's breach of contract counterclaims so that it can assert a statute of limitations defense and that it did not agree to reinsure an excess umbrella...

Mealey's Insurance - Insurer Seeks Judgment On Bank's Misrepresentation Of Reinsurance Funds Mishandling

COLUMBIA, S.C. - An insurer on Sept. 20 moved for summary judgment in a South Carolina federal court on its negligent misrepresentation claim against a bank accused of mishandling reinsurance funds and also opposes the bank's request for summary judgment "on the basis of a cherry-picked and...