Westlaw Journals weekly round-up

September 24, 2014

Westlaw Journals Weekly RoundupSome highlights from the past week’s litigation news headlines over at the Westlaw Journals blog include a New York woman suing over leaky Natrelle breast implants; BNY Mellon must face a securities lending suit in Illinois federal court; Environmental groups have standing to sue over coal mining at historic site; and an oilfield executive petitions the U.S. Supreme Court over his constitutional rights:

BNY Mellon must face securities lending suit, federal judge rules: A lawsuit alleging that Bank of New York Mellon invested a pension fund’s assets in a Lehman Brothers note and then failed to sell the note before Lehman’s collapse will continue, a federal judge held Sept. 16. U.S. District Judge Manish S. Shah of the Northern District of Illinois said it is too early to toss the case, filed June 18 by a United Food and Commercial Workers pension fund.  (Derivatives)

New York woman sues over leaky Natrelle breast implants: Allergan Inc. is the target of an Aug. 26 New York state court negligence and failure-to-warn suit filed by a woman who says she fears developing cancer since her Natrelle saline-filled breast implants leaked and required removal. Seeking unspecified damages, plaintiff Yolanda Ortiz says she learned in December 2013 that her three-year-old Natrelle implants were deflating because of rupture and leakage.  (Medical Devices)

Environmental groups have standing to sue over coal mining at historic site: A group of environmental organizations can continue their fight to protect the site of a 1920s labor battle involving coal miners from being destroyed by present-day coal mining, a federal appeals court has decided. A divided three-judge panel of the District of Columbia U.S. Circuit Court of Appeals revived the Sierra Club’s suit Aug. 26, finding that the group and others like it have standing to challenge an agency decision removing West Virginia’s Blair Mountain Battlefield from the National Register of Historic Places.  (Environmental)

Oilfield service company exec asks Supreme Court to reverse ruling in mail fraud suit: An oilfield equipment company owner convicted of mail fraud is asking the U.S. Supreme Court to review his case, saying the trial court violated his constitutional rights when it refused to let him confront the witnesses against him. In an Aug. 12 petition for certiorari, Wilbur D. Whitehead of Whitehead Production Equipment says he was unable to provide a complete defense because his lawyer was denied the chance to fully cross-examine two material witnesses during his criminal trial.  (White-Collar Crime)