LexisNexis® Legal Newsroom
Mealey's Insurance - Disability Insurer Erred In Determining Claimant's Date Of Disability, Panel Says

ATLANTA - A disability insurer acted arbitrarily and capriciously in determining the date of a claimant's disability, the 10th Circuit U.S. Court of Appeals said Oct. 17 in reversing a district court's judgment in favor of the insurer (Greggory B. Owings v. United Of Omaha Life Insurance Co....

Mealey's Insurance - Florida Panel Reverses Hurricane Wilma Coverage Suit For 2nd Time

MIAMI - After previously reversing a lower court's ruling in favor of a homeowner in a Hurricane Wilma coverage dispute, a Florida appeals panel on Oct. 18 reversed the lower court's ruling on remand in favor of the insurer, finding that a genuine issue of material fact remains regarding whether...

Mealey's IP/Tech - Exclusion Order Barring Importation Of Infringing Products Affirmed

WASHINGTON, D.C. - A limited exclusion order entered by the International Trade Commission (ITC) against Arista Networks Inc. based upon findings that Arista infringed three Cisco Systems Inc. patents was upheld Oct. 18 by the Federal Circuit U.S. Court of Appeals, which found no error in the ITC's...

Mealey's IP/Tech - Divided Federal Circuit Upholds Patent Ineligibility Findings

WASHINGTON, D.C. - An Illinois federal judge did not err in declaring four patents ineligible under Section 101 of the Patent Act, 35 U.S.C. 101, because the invention is directed to the abstract idea of paying for public transportation with a credit card and lacks a sufficiently inventive concept, the...

Mealey's Insurance - Bad Faith Suit Over Property Insurance Claim Remanded To State Court

OXFORD, Miss. - Remand of an insurance breach of contract and bad faith lawsuit to state court is proper because an insured has shown that the amount in controversy in the action will not exceed statutory limits, a federal judge in Mississippi ruled Oct. 17 in granting the insured's motion to remand...

Mealey's Litigation Procedure - Final Approval Granted To Class Action Over University Records Theft

ROME, Ga. - Five months after granting preliminary approval of the settlement of a class action over the theft of student records that a group of alumni said exposed their personally identifiable information (PII), a Georgia federal judge on Oct. 17 granted final approval of the parties' agreement...

Mealey's Litigation Procedure - Mom Loses Suit Over Son's Death After Police Expert's Opinions Allowed

TOLEDO, Ohio - An Ohio federal judge on Oct. 17 awarded summary judgment to the city of Toledo and several of its police officers on a mother's claims that the officers violated her son's civil rights by getting him killed for being a drug informant, after finding that an expert for the city...

Mealey's Labor & Employment - Tibble Defendants Will Pay $5.8 Million For Attorney Fees

LOS ANGELES - The parties in the long-running Tibble v. Edison International case filed a joint stipulation in a California federal court on Oct. 16 stating that the defendants will pay the class counsel $5.8 million in attorney fees and costs as long as the court approves the award (Glenn Tibble, et...

Mealey's Toxic Tort/Environmental - Injunction, Civil Penalty For Illicit Cigarette Sales On Indian Land Upheld

SACRAMENTO, Calif. - A California court correctly imposed a $765,000 civil penalty against a man for illegal cigarette sales at two smoke shops on Indian land because neither federal law nor tribal sovereignty preempts the state's regulation and enforcement of its laws regarding cigarette sales,...

Mealey's Toxic Tort/Environmental - 2 Law Firms Ordered To Pay $9.1 Million For Frivolous Engle Progeny Suits

JACKSONVILLE, Fla. - A panel of judges in the U.S. District Court for the Middle District of Florida on Oct. 18 ordered two law firms pay $9.1 million in sanctions for filing 1,250 frivolous Engle progeny complaints (In Re: Engle Cases, No. 3:09-cv-10000, M.D. Fla., 2017 U.S. Dist. LEXIS 172678).

Mealey's Insurance - Illinois Panel Reverses Ruling In Insurer's Favor In Dispute Over $5.2M Verdict

CHICAGO - An Illinois appeals panel on Oct. 18 found that a lower court erred in determining that emergency medical services fell within the scope of an insurance policy's "products-completed operations hazard" provision, reversing and remanding a lower court's ruling in favor of the...

Mealey's Insurance - Panel Reverses Denial Of Prejudgment Interest In Executive Liability Coverage Suit

PORTLAND, Ore. - The Ninth Circuit U.S. Court of Appeals on Oct. 19 reversed a lower federal court's denial of a claimant's request for prejudgment interest in an executive and organization liability insurance coverage dispute, remanding with instructions for the lower court to determine the...

Mealey's Litigation Procedure - Google Sanctioned $10,000 Per Day For Noncompliance With Email Warrant

SAN JOSE, Calif. - A California federal judge on Oct. 19 granted a motion by Google Inc. in a dispute with the federal government over whether a Stored Communications Act (SCA) warrant may be enforced extraterritorially, opening the door for Google to appeal an order compelling it to comply with such...

Mealey's Securities/D&O Liability - Securities Claims Against Drug Maker Dismissed For Failure To Plead Scienter

SEATTLE - The lead plaintiff in a securities class action against a developmental stage biopharmaceutical company and certain of its executive officers has shown that the defendants misrepresented the success and prospects for the company's cancer treatment drug in violation of federal securities...

Mealey's Bankruptcy - Pittsburgh Corning Trust To Pay Up To $178.5 Million In Deal With Claimants

PITTSBURGH - More than 2,000 asbestos claimants from a decades-old consolidated Texas litigation will share up to $178.5 million from the asbestos trust established in the Pittsburgh Corning Corp. (PCC) bankruptcy case, according to a notice and settlement filed Oct. 18 in Pennsylvania federal bankruptcy...

Mealey's IP/Tech - After Receiving Patents, Tribe Files Infringement Action Against Amazon

ALEXANDRIA, Va. - A Native American tribe filed a 12-count patent infringement lawsuit Oct. 18 against Amazon.com Inc. in Virginia federal court relating to six patents that had been transferred to the tribe by a computer technology company two months earlier (SRC Labs, LLC, et al. v. Amazon Web Services...

Mealey's Insurance - Oregon Waived Sovereign Immunity In Environmental Coverage Suit, Judge Says

PORTLAND, Ore. - Because the state of Oregon voluntarily filed a motion to intervene in an environmental contamination coverage suit, the state waived its right to assert sovereign immunity, an Oregon federal judge said Oct. 17 in rejecting the state's objections to a federal magistrate judge's...

Mealey's IP/Tech - California Federal Judge Orders New Damages Trial In Apple, Samsung Case

SAN FRANCISCO - In an Oct. 22 ruling, U.S. Judge Lucy Koh of the Northern District of California rejected claims by Apple Inc. that the burden of persuasion in identifying the relevant article of manufacture under Section 289 of the Patent Act rests with a design patent infringement defendant (Apple...

Mealey's IP/Tech - Federal Circuit Affirms Own Member, Sides With Google In Patent Row

WASHINGTON, D.C. - Judge Timothy B. Dyk of the Federal Circuit U.S. Court of Appeals did not err in denying a motion for judgment as a matter of law (JMOL) by a patent owner following an adverse jury trial in the U.S. District Court for the District of Delaware, the Federal Circuit ruled Oct. 20 (Art...

Mealey's Toxic Tort/Environmental - Court: Expert's Tainted-Talc Opinion Saves California Asbestos Case

SAN FRANCISCO - Expert testimony that asbestos contaminated the source of the talc a woman regularly used for more than 20 years by itself creates triable issues and required denying summary judgment, a California appeals court held Oct. 19 (Mary Lyons v. Colgate-Palmolive Co., No. A150567, Calif. App...

Mealey's Bankruptcy - Rapid-American Seeks Protective Order For Insurers' Subpoenas

NEW YORK - A declaratory insurance coverage action filed by Chapter 11 debtor Rapid-American Corp. is not the proper vehicle for insurers to use in search of evidence of fraud in the asbestos trust system, the debtor says in an Oct. 20 motion and memorandum seeking protection from the insurers' subpoenas...

Mealey's IP/Tech - Federal Circuit Reverses, Remands Invalidity Holding In NuvaRing Patent Case

WASHINGTON, D.C. - A Delaware federal judge's determination that two claims of a patented contraceptive device was erroneous because a person of ordinary skill would not have known to modify prior art to arrive at the claimed invention, the Federal Circuit U.S. Court of Appeals ruled Oct. 19 (Merck...

Mealey's PI/Product Liability - Tennis Court Installer's 'Him, Not Me' Suit Dismissed By Federal Judge

GREENBELT, Md. - A tennis court installer's third-party suit against an engineer hired by a homeowners association to identify any issues with the reinstallation of the court was dismissed Oct. 18 by a federal judge in Maryland who found that the lawsuit was simply a "him, not me" complaint...

Mealey's Labor & Employment - Oregon Panel Affirms $138,029.26 Levied Against Franchisor For Unemployment Taxes

SALEM, Ore. - The Oregon Court of Appeals on Oct. 18 upheld an administrative law judge's affirmation of the Oregon Employment Department's finding that Oregon franchisees were not independent contractors but were employees of a Washington-based franchisor that was responsible for $138,029.26...

Mealey's Toxic Tort/Environmental - Judge Finds Affidavit, Asbestos Crafting Product Case Equally Convincing

PROVIDENCE, R.I. - A daughter's affidavit that can be read as contradicting her mother's deposition testimony goes to the credibility of that testimony and is not subject to rejection under the sham affidavit doctrine, and the two pieces of evidence combine to create triable issues in a home...