LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Causation Opinions Stay In Suit Over Injuries Allegedly From Minor Accident

SOUTH BEND, Ind. - A woman's causation expert, who is a medical doctor and an attorney, can testify in a personal injury action that the woman's car was not going fast enough in a fender-bender accident to cause the spinal injuries of the man whose car she hit, an Indiana federal magistrate judge...

Mealey's Litigation Procedure - Split Montana High Court Upholds Class Denial In Background Checks Suit

HELENA, Mont. - A trial court didn't err when it found that a woman who sued a company performing background checks over the inclusion of obsolete information in checks carried out for potential employers failed to satisfy the element of superiority under Montana Rule of Civil Procedure 23(b)(3)...

Mealey's PI/Product Liability - Washington Appeals Court Panel Finds Association's Defects Suit Timely

SEATTLE - A trial court judge's ruling awarding summary judgment to a developer's successor based on the statute of limitations was reversed May 14 by a Washington appeals panel that found that a condominium association's lawsuit under the Washington Condominium Act (WCA) was filed within...

Mealey's Toxic Tort/Environmental - Maryland Court Orders New Trial In $5M Asbestos Friction-Products Case

BALTIMORE - An illogical $5 million asbestos verdict finding defendants liable for negligently failing to warn but not the lower standard of strict liability failure to warn likely arose from jury instruction error and warrants a new trial, a Maryland appeals court held May 11 (Mack Trucks Inc., et al...

Mealey's Insurance - U.S. Government Says Challenge To Church Plan Exemption Must Be Rejected

ORLANDO, Fla. - A district court should reject a plaintiff's challenge to the constitutionality of the Employee Retirement Income Security Act's church plan exemption because the exemption meets the requirements of the establishment clause of the First Amendment to the U.S. Constitution, the...

Mealey's Insurance - Florida Panel Again Reverses Ruling In Hurricane Wilma Coverage Dispute

MIAMI - A Florida appeals panel on May 16 reversed a lower court's final judgment against an insurer in a dispute over coverage for insureds' $59,719.25 supplemental Hurricane Wilma claim, finding that the insured's failure to comply with their post-loss obligations under the policy relieved...

Mealey's Health Law - 3rd Circuit: Anti-Assignment Provision Bars ERISA Health Insurance Suit

PHILADELPHIA - Anti-assignment provisions in health insurance contracts are enforceable and bar a provider's Employee Retirement Income Security Act suit, the Third Circuit U.S. Court of Appeals held May 16 (American Orthopedic & Sports Medicine v. Independence Blue Cross Blue Shield, et al....

Mealey's Litigation Procedure - Wells Fargo Will Appeal $97 Million Rest Break Award For Mortgage Consultants Class

LOS ANGELES - Wells Fargo Bank N.A. filed a notice of appeal on May 15, a week after a California federal judge awarded a class of Wells Fargo Bank N.A. home mortgage consultants (HMCs) more than $97 million in damages on claims that they were denied rest breaks and a derivative California's unfair...

Mealey's Insurance - 4th Circuit Affirms Ruling In Life Insurer's Favor In Supplemental Coverage Suit

RICHMOND, Va. - The Fourth Circuit U.S. Court of Appeals on May 15 held that no reasonable jury could find that a life insurer had a fiduciary duty under the Employee Retirement Income Security Act to solicit supporting materials for coverage beyond the guaranteed issue amount or notify new employees...

Mealey's IP/Tech - Revised, Tentative Jury Instructions Issued In Apple, Samsung Damages Retrial

SAN FRANCISCO - U.S. Judge Lucy Koh of the Northern District of California on May 16 issued revised, tentative jury instructions one day after opening arguments were held in the retrial on damages due in connection with Samsung Electronics Co. Ltd.'s infringement of three Apple smartphone design...

Mealey's IP/Tech - U.S. Senate Passes Joint Resolution Disapproving FCC's Net Neutrality Repeal

WASHINGTON, D.C. - In a 52-47 vote, the U.S. Senate on May 16 passed Senate Joint Resolution 52, which expressed congressional disapproval of a February 2018 Federal Communications Commission rule that repealed the principle known as "net neutrality."

Mealey's Litigation Procedure - Missouri Federal Judge Finds Lack Of Jurisdiction Over Default Judgment Claims

ST. LOUIS - A Missouri federal court lacks jurisdiction over claims resulting from state default judgments against customers of a household good leasing company, a Missouri federal judge ruled May 15, sending a class lawsuit back to state court (Sade Beaton, et al. v. Rent-A-Center, Inc., No. 18-26,...

Mealey's Litigation Procedure - With No Error On Expert Ruling, Summary Judgment Appropriate, 11th Circuit Holds

ATLANTA - A Florida federal court did not abuse its discretion in excluding an expert's opinion that pollution from a fertilizer factory caused or worsened a woman's pulmonary diseases, and then awarding the factory judgment for lack of expert causation evidence, because the court correctly found...

Mealey's Toxic Tort/Environmental - Wisconsin Court: No Interplay Between Asset Law, Asbestos Successor Liability

WAUSAU, Wis. - A Wisconsin statute governing fraudulent transfer of assets does not alter the fraudulent transfer exception analysis to the general rule against successor liability, a majority of the state's Supreme Court held May 15 (Penny L. Springer v. Nohl Electric Products Corp., et al., No...

Mealey's Toxic Tort/Environmental - New York Justice Finds Similar Asbestos Products Insufficient For Joint Trial

NEW YORK - Similar types of products at the heart of two men's asbestos exposures are not enough to overcome different vectors of exposure and diseases, a New York justice held in denying consolidated trial in an opinion posted May 15 (Joseph Montebianco, et al. v. A.O. Smith Corp., et al., No. 190185...

Mealey's Banking & Finance - Borrower Appeals Summary Judgment Ruling For Wells Fargo To 9th Circuit

SACRAMENTO, Calif. - A borrower who alleged that a bank violated California's unfair competition law (UCL) and other laws when it refused to accept his untimely mortgage payment as part of a trial period plan on May 16 filed a notice of an appeal to the Ninth Circuit U.S. Court of Appeals of a judge's...

Mealey's Toxic Tort/Environmental - NL Industries Agrees To $60M Settlement Of California Lead Paint Litigation

SANTA CLARA, Calif. - Former lead paint manufacturer NL Industries Inc. has agreed to pay $60.18 million to 11 California counties and municipalities for lead paint remediation, according to a May 16 press release from Santa Clara County (County of Santa Clara, et al. v. Atlantic Richfield Company, et...

Mealey's Toxic Tort/Environmental - Washington High Court Majority Finds Emails Between County, Department Privileged

OLYMPIA, Wash. - A 7-2 Washington Supreme Court on May 17 found that emails between a county and the Washington Department of Ecology were protected from disclosure under the Public Records Act (PRA) because they were work product and because the sharing of the information between the parties did not...

Mealey's Banking & Finance - Freddie Mac Properly Removed Quiet Title Lawsuit, 3rd Circuit Holds

PHILADELPHIA - Noting that the Federal Home Loan Mortgage Corp. (Freddie Mac) has the authority to remove a case in which it is named as a party to federal court, the Third Circuit U.S. Court of Appeals on May 15 found that a district court had jurisdiction over a borrower's claims against lenders...

Mealey's Litigation Procedure - Judge Tosses Class Suit Alleging Consumers Believe Diet Pepsi Will Help Weight Loss

NEW YORK - A New York federal judge on May 17 dismissed a class complaint accusing a soda maker of leading customers to believe that its soda would help with weight loss by calling it "diet" soda, ruling that the complaint failed on its merits (Elizabeth Manuel, et al. v. Pepsi-Cola Company...

Mealey's Insurance - Pollution Exclusion Bars Coverage For Noxious Fumes, Odors, Judge Says

COLUMBUS, Ga. - An insurer has no duty to defend its insured against an underlying suit alleging damages as a result of odors emanating from an insured's holding pond because the policy's pollution exclusion clearly bars coverage for the underlying suit, a Georgia federal judge said May 16 (Recyc...

Mealey's Toxic Tort/Environmental - Evidence Lacking Against Asbestos-Talc Defendant, California Court Says

LOS ANGELES - Factually devoid discovery responses and questionable chain of custody over allegedly asbestos-tainted talc samples sinks a man's case, a California appeals court affirmed May 16 (John Wittman v. Coty Inc., No. B286135, Calif. App., 2nd Dist.).

Mealey's Insurance - New York Panel Reinstates Claims Against Insurer, Oil Remediation Company

BROOKLYN, N.Y. - The Second Department New York Supreme Court Appellate Division on May 16 reinstated claims of gross negligence and punitive damages against an insurer and a remediation company after determining that the insureds sufficiently stated facts to support the claims (Richard Bennett, et al...

Mealey's Insurance - Policies Must Be Construed As Primary Policies In Asbestos Exposure Coverage Suit

ELGIN, Ill. - The First District Illinois Appellate Court on May 15 affirmed a trial court's finding that insurance policies issued between 1977 and 1985 to an insured who is seeking coverage for an asbestos exposure claim are primary policies with self-insured retentions and cannot be considered...

Mealey's Toxic Tort/Environmental - New York Appeals Court Affirms Summary Judgment Denial In Lead Case

NEW YORK - A New York state appeals court on May 15 affirmed a trial court's denial of summary judgment in a lead exposure lawsuit, saying the record demonstrates that lead abatement did not begin until after the plaintiff was diagnosed with high blood-lead levels (Christopher Brown v. Wendy Webb...