LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Split High Court: American Pipe Doesn't Extend Shareholders' Filing Limits

WASHINGTON, D.C. - A securities class action lawsuit filed by shareholders after opting out of a settlement class against the same defendants was untimely and properly dismissed, a split U.S. Supreme Court ruled June 26, finding that American Pipe & Construction Co. v. Utah, 414 U.S. 538 (1974),...

Mealey's Labor & Employment - U.S. High Court Will Decide On Reach Of Dodd-Frank's Whistleblower Provision

WASHINGTON, D.C. - The U.S. Supreme Court on June 26 agreed to decide whether the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010's whistleblower provision extends to individuals who have not reported the alleged misconduct to the Securities and Exchange Commission (Digital Realty...

Mealey's Toxic Tort/Environmental - High Court Refuses To Review Ruling On Emissions Standards During Malfunction

WASHINGTON, D.C. - The U.S. Supreme Court on June 26 refused to review a ruling by a District of Columbia Circuit U.S. Court of Appeals panel that affirmed the U.S. Environmental Protection Agency's decision to not implement emissions standards for periods when a point source is malfunctioning but...

Mealey's Banking & Finance - High Court Refuses To Review Constitutionality Of Nevada Housing Law

WASHINGTON, D.C. - The U.S. Supreme Court on June 26 denied a trust's petition for certiorari, refusing to review an appeals court's decision finding that a Nevada housing statute is unconstitutional (Bourne Valley Court Trust v. Wells Fargo Bank, N.A., No. 16-1208, U.S. Sup.).

Mealey's Insurance - New York Law Bars Offset For Personal Injury Settlement, Appeals Panel Concludes

NEW YORK - The Second Circuit U.S. Court of Appeals on June 22 reversed a district court's ruling that a disability insurer was entitled to offset a claimant's benefits based on the claimant's settlement of his personal injury claim after determining that New York law bars the disability...

Mealey's Insurance - 3rd Circuit Orders Resentencing Of Ambulance Transportation Company, Owner

PHILADELPHIA - A 2-1 panel of the Third Circuit U.S. Court of Appeals on June 21 ordered a federal judge in Pennsylvania to resentence the owner of an ambulance transportation company who pleaded guilty to health care fraud for submitting bills to Medicare for patients who did not need ambulance services...

Mealey's PI/Product Liability - 8th Circuit Finds Nebraska's Cap On Medical Malpractice Damages Constitutional

ST. LOUIS - A panel of the Eighth Circuit U.S. Court of Appeals on June 22 found that Nebraska's cap on damages in medical malpractice suits does not violate the U.S. Constitution and affirmed a trial court's decision to reduce a $17 million verdict to $1.75 million (Doran Schmidt, et al. v....

Mealey's Litigation Procedure - Anthem Data Breach Class Seeks Preliminary Approval Of $115 Million Settlement

SAN JOSE, Calif. - After more than two years of litigation, including two partial dismissal rulings, the plaintiffs suing Anthem Inc. over a 2015 data breach filed a motion in California federal court June 23, seeking preliminary approval of a settlement with the insurer that would establish a $115 million...

Mealey's PI/Product Liability - Surgeon Misidentification Of Implant Maker Doesn't Save Hip Implant Case

SOUTH BEND, Ind. - A hip implant patient cannot use her surgeon's statement for having named the correct defendant until it was too late, an Indiana federal judge ruled June 22 in denying reconsideration of summary judgment in favor of Biomet Orthopedics LLC (Linda Brown v. Biomet Orthopedics, LLC...

Mealey's IP/Tech - Supreme Court Invites Government Views In Apple, Samsung Patent Case

WASHINGTON, D.C. - In its June 26 orders list, the U.S. Supreme Court invited the U.S. solicitor general to express the views of the federal government on whether an injunction in a patent case can be premised on findings of "some connection" between an infringing feature and alleged irreparable...

Mealey's Insurance - Judge: Foreign Specialty Reinsurance Must Pay $926,000 In Attorney Fees

NEW YORK - A New York federal bankruptcy judge ruled June 22 that a foreign specialty reinsurance company owes a defunct company $926,000 in attorney fees for its failure to get court permission before filing an action to arbitrate a contract dispute in Bermuda (In re: MF Global Holdings Ltd., et al...

Mealey's IP/Tech - 5th Circuit Vacates Exemplary Damages In Computer Access Suit

NEW ORLEANS - Finding that a staffing firm failed to establish malice in a rival's hiring away one of its employees who was found to have accessed his former employer's computer network without authorization, a Fifth Circuit U.S. Court of Appeals panel on June 21 vacated a trial court's ...

Mealey's IP/Tech - Federal Circuit Rules Against Samsung, Confirms Validity Of Patents

WASHINGTON, D.C. - Samsung Electronics America Inc. and other appellants on June 23 failed to persuade the Federal Circuit U.S. Court of Appeals that three patents challenged through inter partes review were erroneously deemed valid by the Patent Trial and Appeal Board (Samsung Electronics America Inc...

Mealey's IP/Tech - Divided Federal Circuit: PTO Entitled To Fees When Defending Patent Denials

WASHINGTON, D.C. - A Virginia federal judge's decision to deny the U.S. Patent and Trademark Office (PTO) an award of attorney fees incurred in connection with defending the rejection of a patent application was reversed June 23 by a divided Federal Circuit U.S. Court of Appeals (Nantkwest Inc. v...

Mealey's Litigation Procedure - Federal Judge Lets VW Franchise Dealers File Amended Complaint Against Bosch

SAN FRANCISCO - A California federal judge on Jan. 23 denied a motion by Robert Bosch GmbH and Robert Bosch LLC to dismiss Volkswagen-branded franchise dealers' amended and consolidated class action complaint alleging that the Bosch defendants helped the automaker develop the "defeat devices"...

Mealey's PI/Product Liability - NECC Head Sentenced To 9 Years For Role In Fungal Meningitis Outbreak

BOSTON - The former head of a compounding pharmacy at the center of a deadly fungal meningitis outbreak was sentenced June 26 to nine years in federal prison following his conviction on fraud and racketeering charges (United States of America v. Barry J. Cadden, No. 14-cr-10363, D. Mass.).

Mealey's Toxic Tort/Environmental - High Court Denies New Mexico's Request To Sue Colorado Over Mine Spill

WASHINGTON, D.C. - The U.S. Supreme Court voted 7-2 on June 26 to deny New Mexico's motion for leave to file a bill of complaint against Colorado over the Aug. 5, 2015, Gold King Mine disaster, which resulted in the release of more than 3 million gallons of toxic mine sludge and wastewater into the...

Mealey's Insurance - 4th Circuit Panel Says Plan Defendants Are Required To Adopt SSA's Onset Date

RICHMOND, Va. - Because a plan administrator failed to follow a reasoned process in determining a disability claimant's onset date of disability, the plan must adopt the disability onset date determined by the Social Security Administration (SSA), the Fourth Circuit U.S. Court of Appeal said June...

Mealey's PI/Product Liability - Vioxx MDL Judge Won't Use All Writs Act To Overturn Transferor Court Dismissal

NEW ORLEANS - The Vioxx multidistrict judge on June 23 denied a request to use the court's All Writs Act authority to overturn a statute-of-limitations dismissal by a transferor court (In Re: Vioxx Products Liability Litigation, MDL Docket No. 1657, No. 05-md-1657, Jo Levitt v. Merck Sharp &...

Mealey's Insurance - Majority Finds Excess Professional Insurance Policy Is Ambiguous, Reverses Ruling

CONCORD, N.H. - A majority of the New Hampshire Supreme Court on June 22 reversed and remanded a lower court's ruling in favor of an excess health care professional liability insurer in a coverage dispute arising from a hepatitis C outbreak, finding that the policy's Coverage A is subject to...

Mealey's Toxic Tort/Environmental - D.C. Circuit Court Denies Gas Company's Appeal Over Agency's Delayed Decision

WASHINGTON, D.C. - A panel of the District of Columbia Circuit U.S. Court of Appeals on June 23 ruled that a gas company has no standing to appeal a New York agency's failure to address its application for a permit documenting that its pipeline will satisfy the standards of the Clean Water Act because...

Mealey's Litigation Procedure - Colgate-Palmolive Whitening Claims Class Suit Stayed Pending FTC Investigation

NEW YORK - A New York federal judge on June 23 denied a motion to dismiss a class suit accusing Colgate-Palmolive Co. of false labeling claims on its whitening toothpaste but agreed to stay the case until an investigation by the Federal Trade Commission is concluded (Lori Canale, et al. v. Colgate-Palmolive...

Mealey's Insurance - California Federal Judge Denies Motion To Dismiss Counterclaims In Sewage Suit

LOS ANGELES - A California federal judge on June 23 denied a motion to dismiss bad faith counterclaims against an insurer in a coverage dispute arising out of a sewage spill after determining that the counterclaims sufficiently allege facts in support of the claims (Travelers Property Casualty Company...

Mealey's Litigation Procedure - Cellphone Tower Data Expert Allowed For 2 Defendants' Robbery Trial

NEW ALBANY, Ind. - A police expert can testify about cellphone towers, data dumping, pinging and triangulation during a trial for two men accused of committing a series of retail store robberies, an Indiana federal judge ruled June 23 after finding that the expert is qualified and his methods are sound...

Mealey's Insurance - Judge Dismisses Insolvent Insurer's Shareholder's Negligence, Fraud Lawsuit

WILMINGTON, Del. - A Delaware federal judge on June 23 declined to exercise supplemental jurisdiction over an insolvent insurer's shareholder's negligence and fraud lawsuit against various individuals involved in the liquidation of the insurance company (Jeffrey Cohen, et al. v. Kathleen Birrane...