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Mealey's Litigation Procedure - ICSID Rejects Application To Suspend Investigation Of Witnesses In Uruguay

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Feb. 23 rejected a corporation's request for provisional measures in a case filed against the Oriental Republic of Uruguay, refusing to suspend or end a criminal investigation in Uruguay of...

Mealey's IP/Tech - High Court Hears Case On Constitutionality Of Sex Offender Law's Social Media Ban

WASHINGTON, D.C. - In oral arguments before the U.S. Supreme Court on Feb. 27, lawyers for a convicted sex offender and North Carolina debated whether that state's sex offender registry law runs afoul of the First Amendment to the U.S. Constitution by imposing an across-the-board ban on anyone on...

Mealey's Insurance - Texas High Court Reverses Ruling That Insured Vs. Insured Exclusion Is Inapplicable

AUSTIN, Texas - The Texas Supreme Court on Feb. 24 found that an appeals court majority incorrectly interpreted the plain language of an insured vs. insured exclusion in a directors and officers liability insurance policy, reversing the majority's ruling against the insurer (Great American Insurance...

Mealey's Litigation Procedure - 9th Circuit: No Jurisdiction To Review Denial Of Class Certification

PORTLAND, Ore. - A Ninth Circuit U.S. Court of Appeals panel on Feb. 24 dismissed the appeal of an order striking class allegations in a lawsuit by purchasers of long-term health insurance who are bringing claims under Oregon's financial abuse statute, finding that the appellate panel lacked jurisdiction...

Mealey's Insurance - California Panel Upholds Rulings Requiring Man To Repay Unemployment Benefits

SAN JOSE, Calif. - A California appeals panel on Feb. 24 upheld a trial court's decision to deny a man's request for a writ of mandate that would allow him to retain unemployment benefits he received from November 2008 through March 2013, finding that he obtained the benefits through misrepresentations...

Mealey's Insurance - Anti-Concurrent Causation Clause Precludes Coverage For Water Damages, Panel Says

TOLEDO, Ohio - A trial court did not err in granting summary judgment in favor of an insurer because it is clear that the policy's anti-concurrent causation clause precluded the insureds' claim for water damages, the Sixth District Ohio Court of Appeals said Feb. 24 (Chad Hartman, et al. v. Erie...

Mealey's Securities/D&O Liability - Federal Judge Trims Claims In LeapFrog Securities Class Action

SAN FRANCISCO - A lead plaintiff in a securities class action has failed to show that a developer of educational entertainment for children and two of its executive officers acted with scienter in failing to report goodwill impairment for the second quarter of 2015, but the lead plaintiff has pleaded...

Mealey's Banking & Finance - 9th Circuit Affirms Dismissal Of TILA Claim As Barred

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Feb. 24 affirmed a federal judge's decision to dismiss a borrower's claims for violation of the Truth in Lending Act (TILA) as barred by a previous bankruptcy case in which the claims against various lenders were already resolved (Jacqueline...

Mealey's Banking & Finance - 9th Circuit Finds Wrongful Foreclosure Case Was Properly Dismissed

PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on Feb. 23 affirmed a district court's dismissal of claims asserted against lenders in relation to a foreclosure, finding that a former property owner's complaint failed to state a claim (Cindy Dupre v. Mount West Financial Inc., et al...

Mealey's PI/Product Liability - All Claims Involving Allegedly Failed Medtronic Drug Pump Dismissed As Preempted

FRESNO, Calif. - A California federal judge on Feb. 24 dismissed as preempted all of a plaintiff's claims involving a Medtronic Inc. SynchroMed II drug pump but gave the plaintiff leave to file an amended complaint within 21 days (Michael Martin v. Medtronic, Inc., et al., No. 15-994, E.D. Calif...

Mealey's PI/Product Liability - Heart Device Case Dismissed With Prejudice; No Parallel Claim Found

TRENTON, N.J. - A New Jersey federal judge on Feb. 27 dismissed with prejudice a heart device wrongful death complaint, finding that the plaintiff failed to assert a claim that parallels federal law and escapes federal preemption (Barbara A. Chester, et al. v. Boston Scientific Corp., et al., No. 16...

Mealey's PI/Product Liability - Takata Pleads Guilty To Wire Fraud, Is Ordered To Pay $1 Billion

DETROIT - Takata Corp. on Feb. 27 pleaded guilty to one count of wire fraud in Michigan federal court and agreed to pay $1 billion in criminal penalties in a case in which the air bag maker was charged with misleading consumers into believing that their air bags were safe when the air bags were prone...

Mealey's Toxic Tort/Environmental - D.C. Circuit Says It Has No Jurisdiction Over Challenge To EPA Statement

WASHINGTON, D.C. - A panel of the District of Columbia Circuit U.S. Court of Appeals on Feb.28 found that it does not have jurisdiction over a group's challenge to a statement from the U.S. Environmental Protection Agency that it would not acquiesce to an Eighth Circuit U.S. Court of Appeals ruling...

Mealey's PI/Product Liability - Colorado Supreme Court Reinstates Contractor's Third-Party Claims For Defects

DENVER - An en banc Colorado Supreme Court on Feb. 27 reversed a trial court's ruling entering summary judgment against a general contractor on its third-party claims against two subcontractors, finding that the six-year statute of repose is irrelevant for third-party claims brought under Colorado...

Mealey's Toxic Tort/Environmental - N.Y. Court Explains Causation Standard In Affirming Rejection Of $11M Verdict

NEW YORK - Causation requires more than evidence of a mechanic's exposure to dust from asbestos-containing brakes, the majority of a New York appeals court held Feb. 28 (In re New York City Asbestos Litigation, Mary Juni, etc. v. A.O. Smith Water Products Co., et al., No. 190315/12, 2457-2458, N...

Mealey's Litigation Procedure - 10th Circuit Affirms Denial Of Enforcement Of EEOC Subpoena

DENVER - The Equal Employment Opportunity Commission failed to establish a connection between a woman's discrimination complaint against her former employer and its request for information related to its investigation of a suspected companywide pattern or practice of discriminating against pregnant...

Mealey's PI/Product Liability - Pennsylvania Superior Court Affirms $10 Million Verdict In Medical Malpractice Suit

HARRISBURG, Pa. - A Pennsylvania Superior Court panel on Feb. 28 affirmed a $10 million medical malpractice verdict against the Children's Hospital of Philadelphia (CHOP) after finding that none of the hospital's claims of error had merit in a case where a woman claimed that the hospital failed...

Mealey's IP/Tech - Federal Circuit Reverses Board, Finds UCLA Patent Not Obvious

WASHINGTON, D.C. - A patented method of "arresting or regressing" penile fibrosis was erroneously deemed unpatentable as obvious, a divided Federal Circuit U.S. Court of Appeals ruled Feb. 28 in a victory for Los Angeles Biomedical Research Institute at Harbor-UCLA Medical Center (LAB) (Los...

Mealey's Labor & Employment - 7th Circuit Upholds Economic Specialist's Termination After Numerous Leave Requests

CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on Feb. 27 upheld the firing of a Wisconsin Department of Health Services employee following multiple absences, some to care for her own health and some to care for a family member, finding that the employee failed to show that she was an "otherwise...

Mealey's Insurance - 10th Circuit Panel Finds No Evidence That Employer Created Hostile Environment

DENVER - The 10th Circuit U.S. Court of Appeals on Feb. 24 affirmed that an employer did not create a hostile work environment after learning of an employee's disability because the employee failed to submit sufficient evidence that he was subject to a hostile work environment as a result of his...

Mealey's PI/Product Liability - Texas Jury Awards $989,000 To Woman In Medical Malpractice Suit

FORT WORTH, Texas - A Texas jury on Feb. 24 awarded $989,000 to a woman who claimed that a doctor did not wait for lab results to get back before amputating her leg (Tanya Valentine v. J. John Stasikowski M.D., No. 236-269293-13, Texas, Tarrant Co. 236th Dist.).

Mealey's Litigation Procedure - Suits Over 'Google Photos' Feature Under Illinois Biometric Law Survive Dismissal

CHICAGO - An Illinois federal judge on Feb. 27 denied a motion by Google Inc. to dismiss two putative class complaints alleging that it violated Illinois' Biometric Information Privacy Act (BIPA) via facial recognition capability in its "Google Photos" feature, with the judge finding that...

Mealey's Insurance - Judge Dismisses Breach Of Covenant Of Good Faith Claim As Redundant

NEW YORK - A federal judge in New York on Feb. 27 dismissed an alleged insured's breach of the covenant of good faith claim because it is redundant to a breach of contract claim (JD2 Environmental, Inc. v. Endurance American Insurance Company, No. 14-cv-8888, S.D. N.Y., 2017 U.S. Dist. LEXIS 26977...

Mealey's Insurance - Judge Dismisses Declaratory Judgment Claim In Asbestos Reinsurance Case

UTICA, N.Y. - A federal judge in New York on Feb. 24 dismissed a reinsured's claim for declaratory judgment regarding asbestos reinsurance obligations because the claim is duplicative of the relief sought in the reinsured's breach of contract claim (Utica Mutual Insurance Company v. Fireman's...

Mealey's Litigation Procedure - Judge Decides Motions To Exclude Testimony In Patent Infringement Suit

MINNEAPOLIS - A Minnesota federal judge on Feb. 24 decided several motions to exclude expert testimony on damages, lost profit and opinions on claim construction in an infringement lawsuit over patents related to frames and seating positions of snowmobiles (Bombardier Recreational Products Inc. and BRP...