LexisNexis® Legal Newsroom
Mealey's Health Law - United States Says California Abortion Law Governing Licensed Speakers Fails

WASHINGTON, D.C. - Neither pregnancy counseling centers challenging a law requiring that they disclose the availability of abortion services nor the state of California advances the correct standard for analyzing the case, and the law at the heart the case partially fails when properly evaluated, the...

Mealey's IP/Tech - Federal Circuit Affirms Obviousness Rejection Of Patent Application

WASHINGTON, D.C. - An inventor's efforts to patent a portable memory device identification system were unsuccessful Jan. 17, when the Federal Circuit U.S. Court of Appeals instead affirmed findings by the Patent Trial and Appeal Board that the invention would be obvious to a person of skill in the...

Mealey's Insurance - Panel Reverses Ruling, Says Questions Of Fact Exist On Insured's Bad Faith Claim

ATLANTA - The 11th Circuit U.S. Court of Appeals on Jan. 16 vacated and remanded a district court's judgment in favor of an insurer on the basis that genuine issues of material fact exist as to whether the insurer acted in bad faith by failing to pay the full uninsured motorist (UM) benefit to the...

Mealey's Litigation Procedure - Magistrate Strikes Some Expert Testimony In Ticket Sales Patent License Row

MARSHALL, Texas - A Texas federal magistrate judge on Jan. 17 granted in part a motion by a patent holder to exclude testimony from a ticket distributor's computer-programming expert in a dispute over a license agreement, ruling that the expert cannot offer opinions about a key term in the agreement...

Mealey's Banking & Finance - Judge Allows Philadelphia's FHA Claims Against Wells Fargo To Proceed

PHILADELPHIA - A Pennsylvania federal judge on Jan. 16 refused to dismiss claims for violation of the Fair Housing Act (FHA), finding that the City of Philadelphia sufficiently pleaded allegations to allow claims that a bank engaged in discriminatory lending practices in minority communities within the...

Mealey's Insurance - Judge Refuses To Remand Fraud Suit For Improper Service To Defendant Doctor

PHILADELPHIA - A federal judge in Pennsylvania on Jan. 12 denied a motion to remand filed by Aetna Inc. and Aetna Health Management LLC, finding that their attempt to provide service to a defendant doctor accused of conspiring to submit claims for an opioid-based pain medication for cancer patients was...

Mealey's Insurance - Out-Of-State Insurer Wants Emergency Care Provider's California Suit Dismissed

LOS ANGELES - An emergency health services provider relies on "phantom allegations" and evidence outside the complaint in opposing dismissal of implied-in-fact contract and quantum meruit claims, a South Carolina insurer told a California federal judge on Jan. 17 (Long Beach Memorial Medical...

Mealey's Insurance - Reinsurers Breached Their Contract By Failing To Pay Share Of Loss, Insurer Says

BRIDGEPORT, Conn. - With regard to settlements of underlying asbestos claims, two reinsurers breached their contract by failing to pay their share of losses, an insurer says in its Jan. 16 complaint filed in Connecticut federal court (Travelers Casualty and Surety Co. v. Nationwide Mutual Insurance Co...

Mealey's Insurance Insurer Opposes New Trial As Jury Had Evidence For $64M Award Against Reinsurer

UTICA, N.Y. - In response to a reinsurer's motion for a new trial, an insurer argues in a Jan. 12 brief to a New York federal court that a jury had ample evidence in a "dozen witnesses and hundreds of exhibits" before reaching a $64 million verdict against a reinsurer over asbestos claims...

Mealey's Insurance - District Court Erred By Reducing Attorney Fees, 1st Circuit Panel Determines

BOSTON - The First Circuit U.S. Court of Appeals on Jan. 18 affirmed a district court's ruling that a disability claimant is entitled to disability benefits but vacated the lower court's calculation of attorney fees and prejudgment interest awarded to the claimant after determining that the court's...

Mealey's Insurance - Panel: Insurer Breached Duty To Defend, Is Equitably Responsible For Defense Costs

MILWAUKEE - A Wisconsin appeals panel on Jan. 17 affirmed that an insurer is equitably responsible for a government agency insured's $1.55 million underlying defense costs because it breached its duty to defend the insured against a lawsuit alleging that the insured was negligent in the inspection...

Mealey's PI/Product Liability - California High Court: Defects Suit Subject To Prelitigation Dispute Resolution

SAN FRANCISCO - The prelitigation requirements established under California's Right to Repair Act apply to an economic loss and property damage lawsuit brought by homeowners against the builder of 37 homes, the California Supreme Court ruled Jan. 18 in affirming a ruling staying the suit subject...

Mealey's Toxic Tort/Environmental - Judge: Former Owner Of Contaminated Site Must Pay For 75 Percent Of Cleanup

FORT WAYNE, Ind. - A federal judge in Indiana on Jan. 16 reduced by $500,000 the amount a company owner can recover for cleaning up a former steel manufacturing site and ruled that the former owner and operator is liable for 75 percent of past and future response costs under the Comprehensive Environmental...

Mealey's Insurance - Appeals Panel Says Questions Of Fact Exist On Insured's Bad Faith, Fraud Claims

INDIANAPOLIS - The Indiana Court of Appeals on Jan. 16 reversed a trial court's ruling in favor of insurers on fraud and bad faith claims because the insured's claims are based on the behavior of the insurer defendants in a separate breach of contract lawsuit and were not filed in an attempt...

Mealey's PI/Product Liability -Expert's Opinions Were Contradicted By Medical Records, Florida Majority Affirms

MIAMI - The majority of a Florida appeals court on Jan. 17 found that the opinions of a plaintiff's expert did not have sufficient evidentiary weight to be submitted to the jury, affirming a lower court's judgment notwithstanding a jury verdict in a lawsuit against a nursing facility and its...

Mealey's Labor & Employment - Judge Chops Fee Request For Tribe's $8 Million Win Over Blue Cross For Hidden Fees

BAY CITY, Mich. - A Michigan Indian tribe that won an $8.4 million award for Blue Cross Blue Shield's charging of hidden administrative fees for the tribe's employee benefit program had its request for attorney fees drastically reduced Jan. 17 by a federal judge, who slashed the fees by 75 percent...

Mealey's Toxic Tort/Environmental - Military Contractor Defense Applies To Insulation On Prototype, Company Says

LOS ANGELES - A judge erroneously required a company to prove that it had a federal defense, rather than just a colorable one, and improperly focused on the fact that asbestos-containing insulation was commercially available rather than the fact that it was applied to a military nuclear propulsion prototype...

Mealey's Litigation Procedure - Temporary Restraining Order Bars Communication With Class In Wage-And-Hour Suit

SAN DIEGO - A California federal judge on Jan. 17 granted a motion for a temporary restraining order (TRO) barring the defendants' counsel in a wage-and-hour suit from contacting potential class members, finding that there could be irreparable harm (Tyrell Glass, et al. v. FMM Enterprises, Inc.,...

Mealey's Toxic Tort/Environmental - New York Court Affirms Sanctions For Destruction Of Evidence

NEW YORK - A New York court on Jan. 18 affirmed imposition of an adverse jury instruction as a sanction for a company's "egregious" loss or destruction of between 37 and 77 boxes of potential evidence involving its asbestos-containing pipe (Richard Warren v. Amchem Products Inc., et al...

Mealey's IP/Tech - 22 States File Challenge To Net Neutrality Order With D.C. Circuit Court

WASHINGTON, D.C. - Twenty-two states on Jan. 16 petitioned the District of Columbia Circuit U.S. Court of Appeals to review the Federal Communications Commission's repeal of net neutrality (State of New York, et al. v. Federal Communications Commission, et al., No. 18-1013, D.C. Cir.).

Mealey's PI/Product Liability - Supplier Dismissed From Hernia Plug Suit As Unrelated To Device Manufacturers

HANNIBAL, Mo. - A Missouri federal judge on Jan. 18 dismissed a supplier in a C.R. Bard/Davol Inc. PerFix Plus products liability lawsuit, saying the supplier is not a subsidiary of the main defendants as the plaintiff alleges (Jonathan Greenwood v. Davol, Inc., et al., No. 17-39, E.D. Mo., Northern...

Mealey's Labor & Employment - EEOC Wants Federal Judge To Rethink Imposing Deadlines For ACA Rule Making

WASHINGTON, D.C. - A federal judge lacks the power to impose deadlines on a federal agency's rule-making process related to a Patient Protection and Affordable Care Act (ACA) rule governing employee wellness program disclosures and discounts, the agency argues in a Jan. 16 brief filed in the U.S...

Mealey's Labor & Employment- Arbitration Award In Favor Of Retirees Affirmed; Coverage Must Be Reinstated

DETROIT - In two opinions issued Jan. 16, a Michigan federal judge affirmed an arbitration award entered in favor of retirees who alleged that the termination of their health care benefits was a breach of a collective bargaining agreement (TRW Automotive U.S. LLC v. International Union et al., No. 13...

Mealey's Insurance - Judge Dismisses Breach Of Fiduciary, Negligence Claims Against Reinsurance Broker

NEW YORK - An insurer failed to establish its negligence and breach of fiduciary counterclaims against a reinsurance broker, a New York federal judge ruled Jan. 17, finding no special relationship between the parties (Holborn Corp. v. Sawgrass Mutual Insurance Co., No. 16-09147, S.D. N.Y., 2018 U.S....

Mealey's Toxic Tort/Environmental - Fracking Groups: BLM Decision To Suspend Methane Rule Valid

SAN FRANCISCO - Hydraulic fracturing trade groups filed a brief in California federal court on Jan. 16 arguing that decision by the U.S. Bureau of Land Management (BLM) to amend the compliance deadlines for what is known as the methane waste prevention rule was valid. The groups oppose the motion for...