Mealey Publications™

TOP STORIES

2nd Circuit Addresses Standing For Representative ERISA Claims In Pension Case

NEW YORK — Reversing a determination that the named plaintiff in the dispute over using a half-century-old mortality table to calculate joint and survivor annuities (JSAs) has standing “to seek monetary payments on behalf of the” pension plan, the Second Circuit U.S. Court of Appeals on Feb. 5 otherwise affirmed the lower court’s ruling in the Employee Retirement Income Security Act case on interlocutory appeal.

3rd Circuit: Rule Silent On Enforcement Of Tendered Share Transfer Restrictions

PHILADELPHIA — A Third Circuit U.S. Court of Appeals panel affirmed a lower court’s dismissal of shareholders’ suit alleging a company violated the Securities and Exchange Commission’s Best Price Rule by not purchasing their tendered shares, finding the rule is silent about whether a tender offeror may enforce restrictions on the transfer of tendered shares.

Federal Circuit: Subcontractor For NASA Can’t Infringe Martian Helicopter Patent

WASHINGTON, D.C. — A California federal judge rightly granted summary judgment to a NASA subcontractor in a patent infringement suit, a Federal Circuit U.S. Court of Appeals panel held Feb. 4, because any alleged infringement the company performed on a helicopter sent to Mars is immunized by the subcontractor’s work for the U.S. government.

5th Circuit Affirms Another Denial Of Insurers’ Bid To Arbitrate Hurricane Claims

NEW ORLEANS — In the latest of multiple rulings in which the Fifth Circuit U.S. Court of Appeals has reversed course from its prior precedent and proceeded to bar arbitration of Louisiana hurricane insurance disputes following new Louisiana Supreme Court precedent, a panel on Feb. 4 issued a per curiam unpublished opinion affirming the vacatur of a previous order compelling arbitration of insurance and bad faith claims arising out of hurricane damage to a hotel.

Judge Orders ‘Puff Bar’ Vape Sellers To Pay $129K In Deceptive Marketing Suit

NEW YORK — A New York federal judge on Feb. 4, who previously refused to certify a consumer class action against two companies that sell “Puff Bar”-brand synthetic nicotine vapes, ordered the companies to pay more than $96,000 in statutory damages and roughly $32,000 in attorney fees for deceptively marketing their products to the plaintiff in violation of New York and New Jersey consumer protection laws.

Teva Secures Defense Win In 1st Paragard MDL Bellwether Trial

ATLANTA — A federal jury in Georgia returned a defense verdict in the first bellwether case for the Paragard intrauterine device (IUD) multidistrict litigation, rejecting a woman’s claim that Teva Pharmaceuticals USA Inc. failed to warn her that the device is prone to break during removal.

2nd Circuit Affirms Injunctive Ruling In GEICO RICO Dispute With Medical Providers

NEW YORK — The Second Circuit U.S. Court of Appeals on Feb. 3 affirmed a lower court ruling granting injunctive relief to GEICO in its Racketeer Influenced and Corrupt Organizations Act (RICO) no-fault fraud suit against medical providers, finding that the lower court did not abuse its discretion in staying the providers’ state court proceedings seeking more than $2 million in judgments against GEICO.

Dismissing ERISA Tobacco Surcharge Case, Judge Gives Employer Outlier Win

ST. LOUIS — Giving an employer an outlier victory in a putative class action that is similar to many other recent Employee Retirement Income Security Act challenges to tobacco surcharges, a Missouri federal judge on Feb. 3 dismissed the complaint with prejudice and said the statute at issue “does not impose a retroactive reimbursement requirement for tobacco cessation surcharges."

Fee Exclusion Bars Professional Liability Coverage, 2nd Circuit Affirms

NEW YORK — The Second Circuit U.S. Court of Appeals on Feb. 3 affirmed a lower federal court’s grant of summary judgment in favor of primary and excess professional liability insurers, holding that a fee exclusion bars coverage for a financial services company insured’s liability in two underlying class actions alleging that certain mortgage loan fees were unlawful and the insured was derivatively liable under the Home Ownership and Equity Protection Act.

California Top Court Remands Hard To Read Arbitration Terms Ruling In Nissan Case

SAN FRANCISCO — A divided California Supreme Court clarified that while an employment contract’s format is generally irrelevant to the substantive unconscionability analysis that focuses on the fairness of the terms, “courts must closely scrutinize the terms of difficult-to-read contracts for unfairness or one-sidedness,” remanding for further consideration a lower court’s ruling that small, barely readable print supports findings of substantive and procedural unconscionability in the case of a former Nissan employee who sued for wrongful termination after signing such an agreement.

Split Kentucky Panel Orders New Damages Trial In STD Benefits Case

FRANKFORT, Ky. — In an unpublished opinion, a split Kentucky appeals panel reversed and remanded a ruling against the third-party administrator of a short-term disability (STD) plan in a long-running case where a jury awarded the claimant $7,125,000 in emotional distress and punitive damages

LATEST NEWS

Judge Denies Motion To Reconsider Ruling In Cryptocurrency Sale Dispute
Motion To Compel Arbitration Granted In Credit Dispute Involving Online Terms
Judge Tosses Surfboard Company’s Trademark Claims For Lack Of License Termination
9th Circuit: Shareholders Sufficiently Alleged Falsity About Technology, Inventory
2nd Circuit Addresses Standing For Representative ERISA Claims In Pension Case
Citing Recent Ruling, 6th Circuit Remands GM Worker’s Reverse-Discrimination Case
Owner Of Storm-Damaged Texas Buildings Files Complaint Alleging Insurer Underpaid
9th Circuit VPPA Appeal Vacated, Held In Abeyance Pending Supreme Court Ruling
Nursing Home Seeks Full Professional Liability Limits For ‘Killer Nurse’ Suits
Federal Judge Tosses Flood Coverage Suit Against FEMA For Lack Of Jurisdiction
N.Y. Judge Says AI Train Has Arrived For Lawyers, Imposes $10,000 In Sanctions
Judge Dismisses Insurer’s Suit Disputing Coverage For Negligence Claims
ERISA ‘Excessive Fee’ Settlements, Proposals Under $5M
New Mexico High Court Says Strike Of Expert Affidavit Not Discovery Sanction
Split Oklahoma High Court Affirms Attorney-Client Privilege Ruling
Suit Against Health Plan’s Third-Party Administrator Is Voluntarily Dismissed
Judge Refuses To Halt Alaska Fracking On Grounds The ‘Winter Factors’ Were Not Met
Extension Granted For Response To Macy’s High Court Union Lockout Case Petition
Parties Reach Settlement In HVAC Unit Latch Defect Insurance Suit
Split 2nd Circuit Finds Company Breached Contract By Not Honoring Warrants
CERCLA Remedial Actions At Idaho Mine Site Detailed In Federal Consent Decree
Delaware High Court Reverses Fee Award In Tesla Excess Compensation Action
Property Insurer Must Produce Files Related To Insured’s Damage Claim, Judge Says
Texas Federal Judge Grants Commercial Auto Insurer’s Motion For Default Judgment
Ohio Bankruptcy Judge Says Review Of Surviving Son’s Trust Claim Precluded
3rd Circuit: Rule Silent On Enforcement Of Tendered Share Transfer Restrictions
Judge Grants Dismissal Of Coverage Dispute Over Construction Defect Suit
Bench, Jury Trial Ordered In Life Insurer’s Rescission Suit Involving Missing Man
Federal Circuit: Subcontractor For NASA Can’t Infringe Martian Helicopter Patent
5th Circuit Affirms Another Denial Of Insurers’ Bid To Arbitrate Hurricane Claims