LexisNexis® Legal Newsroom
Mealey's Securities/D&O Liability - U.S. Supreme Court Declines Review Of Scienter Pleading Standard Dispute

WASHINGTON, D.C. - The U.S. Supreme Court on May 21 declined review of a Fourth Circuit U.S. Court of Appeals ruling that an investor failed to properly plead scienter in making his federal securities law claims against a company and two of its senior executives in a class action lawsuit (Maguire Financial...

Mealey's PI/Product Liability - Nebraska Supreme Court Affirms Exclusion Of Accutane Causation Expert

LINCOLN, Neb. - The Nebraska Supreme Court on May 18 affirmed the exclusion of a plaintiff's sole causation expert in an Accutane bowel injury case, saying the expert's methodology failed to meet case law standards (Aimee Freeman v. Hoffman-La Roche Inc., et al., No. 300 Neb. 47, Neb. Sup.).

Mealey's IP/Tech - Federal Circuit Reinstates Verdict That Phone Relay System Patent Is Valid

WASHINGTON, D.C. - A Wisconsin federal judge's decision to grant, post-trial, a defendant's motion for judgment as a matter of law (JMOL) that various claims of a patent directed to a telephone relay system (TRS) are invalid as obvious was erroneous, the Federal Circuit U.S. Court of Appeals...

Mealey's Labor & Employment - Panel Says Benefits Are Owed For Amputation Caused By Auto Accident

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on May 16 reversed a district court's ruling that no benefits are owed under an accidental dismemberment plan after determining that the plan participants met their burden of proving that the amputation of a participant's leg was caused...

Mealey's Securities/D&O Liability - Settlement In Shareholder Derivative Lawsuit Fails To Gain Final Approval

NEW YORK - Reforms agreed to by an investor and several former outside directors of an on-land and offshore wind turbine tower manufacturer in a proposed shareholder derivative lawsuit settlement fail to provide any meaningful benefit to the company the investor or the company's shareholders, a federal...

Mealey's Insurance - Breach Of Contract Claim, Unsupported Bad Faith Claim Dismissed

MOBILE, Ala. - In granting a motion to strike and dismiss, a federal judge in Alabama on May 16 ruled that two claims in an insurance breach of contract and bad faith lawsuit are nearly identical, and an insured's bad faith claim lacks any factual allegations to support it (Carlos Todd v. State Farm...

Mealey's Insurance - Judge Declines To Join Insurers' Receiver To Breach Of Fiduciary Suit

ST. LOUIS - A Missouri federal judge on May 16 denied a request to join a special deputy receiver for three insolvent insurers to a breach of fiduciary lawsuit against a trustee for its role on pre-need funeral contracts because the trustee does not state in what capacity it would like to join the receiver...

Mealey's Insurance - N.Y. State Justice Dismisses Insureds' Suit Seeking Coverage For Garage Collapse

MINEOLA, N.Y. - A New York state justice on May 16 dismissed a suit filed by insureds in a dispute over coverage for the collapse of their garage after determining that the insureds failed to prove that the insurer breached its contract, acted in bad faith or committed fraud in its handling of the claim...

Mealey's Insurance - Panel Upholds Class Action Status In Dispute Over Illegal Insurance Transactions

BATON ROUGE, La. - A Louisiana appeals panel on May 16 affirmed certification of a class in a case against state agencies and insurers over illegal transactions made to protect the Louisiana Insurance Guaranty Association (Donald W. Abshire v. The State of Louisiana, et al., No. 2017CA0689 c/w 2017CA0690...

Mealey's Toxic Tort/Environmental - U.S. Supreme Court Refuses ToHear Tainted Groundwater Case Against U.S. Army

WASHINGTON, D.C. - The U.S. Supreme Court on May 21 refused to hear an appeal of a groundwater contamination lawsuit brought by a group of residents who contended that a lower court erred when it held that the U.S. Army's waste disposal and remediation practices at Fort Detrick fall squarely within...

Mealey's PI/Product Liability - U.S. Supreme Court Won't Review 3rd Circuit's Eyedrop Class Reversal

WASHINGTON, D.C. - The U.S. Supreme Court on May 21 denied review of a prescription eyedrop case, sending the purported class action back to a New Jersey federal court for further proceedings (Alcon Laboratories, Inc., et al. v. Leonard Cottrell, et al., No. 17-1337, U.S. Sup.).

Mealey's Toxic Tort/Environmental - 5th Circuit Panel Upholds Ruling Finding Claimants' Submissions Untimely

NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on May 21 upheld a federal judge in Louisiana's ruling finding that the failure to submit claim forms along with the required documentation to obtain compensation from the Deepwater Horizon Court Supervised Settlement Program (CSSP) rendered...

Mealey's PI/Product Liability - U.S. Supreme Court Won't Take Up When Relator Is An Original Source In Solvay Case

WASHINGTON, D.C. - The U.S. Supreme Court on May 21 denied review of a case by two whistleblowers who claimed that the former Solvay Pharmaceuticals engaged in off-label marketing of three drugs, including AndroGel, and caused the submission of false claims to federal health care programs (United States...

Mealey's Toxic Tort/Environmental - Federal Appeals Court Finds EPA Erred When Adding Site To Superfund List

WASHINGTON, D.C. - A federal appeals court panel in the District of Columbia on May 18 vacated a ruling by the U.S. Environmental Protection Agency that placed an Indianapolis site on the National Priorities List (NPL) after finding that the agency ignored evidence and erroneously determined that two...

Mealey's Insurance - Class Suit Fails To Allege Covered Disparagement Claim, California Panel Affirms

SAN FRANCISCO - A California appeals court on May 21 affirmed a lower court's ruling that an underlying consumer class action alleging that a shampoo manufacturer insured falsely advertised its hair products as "organic" does not trigger a covered disparagement claim under its insurance...

Mealey's Toxic Tort/Environmental - Panel Says Lower Court Misapplied Rules When Barring Contamination Evidence

SALT LAKE CITY - A Utah appeals court panel on May 17 overturned two rulings by a lower court judge that excluded evidence and testimony about what materials are subject to cleanup as part of a city's sale of a parcel of land to a developer, holding that the trial court judge misapplied an earlier...

Mealey's Insurance - Insurer Found To Have Not Delayed In Paying On Homeowners Insurance Claim

AUSTIN, Texas - Granting a motion for partial summary judgment in an insurance breach of contract and bad faith lawsuit, a federal judge in Texas on May 17 ruled that an insurer did not intentionally delay paying on a claim for coverage under a homeowners insurance policy and that insureds failed to...

Mealey's Insurance - Stockholder Sues GE Over Losses Sustained For Insurance Reinsurance Business

NEW YORK - A stockholder sued General Electric Co. (GE) and its officers and directors in a New York federal court on May 17, alleging that their actions concerning their insurance and reinsurance business resulted in billions of dollars in damages to the company (Edward Tansey v. Jeffrey R. Immelt,...

Mealey's Banking & Finance - 5th Circuit Holds Trust Failed To Give Proper Notice Of Intent To Accelerate Debt

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on May 21 reversed a judgment that allowed a trust to foreclose on a property, finding that the trust failed to give the borrowers proper notice of its intent to accelerate their loan before filing a foreclosure lawsuit (Wilmington Trust, et al. v...

Mealey's Litigation Procedure - Class Certified In Suit Alleging Jailed Voters Were Barred From 2016 Election

FORT WAYNE, Ind. - An Indiana federal judge on May 17 certified a class of individuals who allege that they were in jail during the November 2016 election and were wrongfully kept from voting by the Allen County, Ind., sheriff (Demetrius Buroff, et al. v. David Gladieux, No. 17-124, N.D. Ind., 2018 U...

Mealey's PI/Product Liability - Roofing Subcontractor Can Face Gross Negligence Claims, Judge Rules

BEAUFORT, S.C. - A federal judge in South Carolina held that a roofing subcontractor can face a general contractor's third-party claim of gross negligence for moisture intrusion that occurred at a golf clubhouse and community clubhouse due to a lack of flashing because there is evidence that there...

Mealey's Bankruptcy - Attorneys' Compensation Halted For Lack Of Progress In Oakfabco's Case

CHICAGO - Attorneys representing Chapter 11 debtor Oakfabco Inc. and counsel for the debtor's asbestos claimants will not get paid until progress is made in the nearly three-year-old case, an Illinois federal bankruptcy judge ruled May 17 (In re: Oakfabco, Inc., No. 15-27062, N.D. Ill. Bkcy.).

Mealey's Litigation Procedure - 9th Circuit Vacates Order Requiring Release Of Lichtenstein Assets

PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on May 18 vacated a court's decision ordering a Russian national to turn over assets held in a trust to assist in satisfying a $92 million arbitral award, finding that the order was premature because a Lichtenstein court is reviewing similar...

Mealey's Litigation Procedure - ICSID Rejects Bolivia's Application To Annul $48M Award For Investors

WASHINGTON, D.C. - An ad hoc committee of the International Centre for Settlement of Investment Disputes (ICSID) on May 18 issued a decision in an arbitration filed by investors in mining concessions, rejecting an application made by the Plurinational State of Bolivia to annul a $48,619,578 award (Quiborax...

Mealey's Insurance - Homeowner Alleges Illegal Kickback Scheme Involving Reinsurance Payments

LOS ANGELES - A homeowner filed a class action complaint on May 17 against a mortgage loan company and financial services company for engaging in an illegal kickback scheme involving reinsurance payments arising out of force-placed hazard insurance policies (Kathleen Angel Eisenberg v. Ocwen Loan Servicing...