NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on March 10 rejected a worker's claim that he was wrongfully fired after testing positive for a controlled substance without a prescription during a random drug test at work (Sergio Cardiel v. Apache Corporation, No. 13-10646, 5th Cir.; 2014 U.S. App. LEXIS 4434).
ALBANY, N.Y. - An insurer has no right to assert a subrogation claim against a New York utility company for property damages caused by a natural gas explosion because the complaint did not include the property damage claim paid by the insurer, the Third Department New York Supreme Court Appellate Division said March 6 (Kenneth E. Peterson et al., v. New York State Electric and Gas Corporation et al., No. 516423, N.Y. Sup., App. Div., 3rd Dept.).
CHICAGO - Holding that the warning label is part of a prescription drug "product," an Illinois federal judge on Feb. 28 said GlaxoSmithKline PLC (GSK) may be liable for failing to warn that both Paxil and its generic versions can cause suicidal behavior even when a plaintiff took a drug made by a generic manufacturer (Wendy Dolin, et al. v. SmithKline Beecham Corporation, et al., No. 12-6403, N.D. Ill., Eastern Div.).
BALTIMORE - A secondary school won a preliminary injunction barring its former alumni association from using various school-related trademarks on March 4 (Potomac Conference Corporation of Seventh-Day Adventists, d/b/a Tacoma Academy v. Takoma Academy Alumni Association Inc., No. 13-1128, D. Md.).
OMAHA, Neb. - The Eighth Circuit U.S. Court of Appeals on Feb. 28 concluded that a student cheerleader was injured during a "practice session" under the terms of a university's insurance policy, affirming a lower federal court's ruling that coverage was owed for the injury (Wesley Patterson v. Mutual of Omaha Insurance Co., a Nebraska Corporation, No. 12-3838, 8th Cir.; 2014 U.S. App. LEXIS 3813).
PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Feb. 25 reinstated a chemist's harassment and retaliation suit against her former employer, finding that the trial court applied the incorrect pleading standard (Marissia Estabrook v. Safety and Ecology Corporation, No. 13-1096, 3rd Cir.; 2014 U.S. App. LEXIS 3475).
WILMINGTON, Del. - The foreign representatives of bankrupt Irish Bank Resolution Trust Corp. Ltd. (IBRC) on Feb. 27 filed a brief in the U.S. Bankruptcy Court for the District of Delaware, arguing that a creditor should not be permitted to file a separate lawsuit in federal court in New York because it constitutes "the same collateral attack" on the bankruptcy proceeding that was earlier filed and ruled upon (Kieran Wallace, et al. v. John Flynn [In Re: Irish Bank Resolution Trust Corporation Ltd.], No. 13-12159, Adv. No. 13-52547, Chapter 15, D. Del. Bkcy.).
WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 24 declined to review a Fifth Circuit U.S. Court of Appeals ruling that Pilgrim's Pride Corp., a large integrated poultry company, did not violate the Packers and Stockyards Act by idling, rather than selling, a chicken processing plant, thereby reducing the supply of chickens and increasing prices (Gary Heath Agerton, et al. v. Pilgrim's Pride Corporation, No. 13-840, U.S. Sup.).
CENTRAL ISLIP, N.Y. - A federal judge in New York on Feb. 22 denied class certification to merchants who allege that Wells Fargo Bank NA and credit card payment processor First Data Merchant Services Corp. (FDMS) overcharged them for credit card processing fees, finding that the merchants do not meet certification requirements and dismissing the case (Spread Enterprises. Inc v. First Data Merchant Services Corporation, et al., No. 11-4743, E.D. N.Y.; 2013 U.S. Dist. LEXIS 22307).
WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 24 declined to review an 11th Circuit U.S. Court of Appeals ruling that affirmed the dismissal of attempted monopolization claims brought by the losing bidder in a bankruptcy auction of a steel mill's assets against the successful bidder, based on a finding that there was high cross-elasticity of supply, which deters monopoly pricing (Gulf States Reorganization Group, Inc. v. Nucor Corporation, No. 13-717, U.S. Sup.; 2013 U.S. Briefs 717; 2013 U.S. S. Ct. Briefs LEXIS 5120).
ORLANDO, Fla. - A Florida federal judge on Feb. 20 remitted a Zometa jaw injury plaintiffs' medical expenses verdict from $300,000 to $11,899, saying the plaintiff has only proven about a third of the amount awarded and that collateral payments further reduce the amount (Nancy Guenther, et al. v. Novartis Pharmaceutical Corporation, No. 6:08-31, M.D. Fla., Orlando Div.; 2014 U.S. Dist. LEXIS 21182).
CHICAGO - Allegations that a patent infringement plaintiff acted inequitably before the U.S. Patent and Trademark Office will proceed, an Illinois federal judge ruled Feb. 20 (Weber-Stephen Products LLC v. Sears Holding Corporation, No. 13-1686, N.D. Ill.).
WILMINGTON, Del. - The liquidation trustee in the Chapter 11 bankruptcy of Saab Cars North America Inc. (SCNA) on Feb. 20 filed an adversary complaint in the U.S. Bankruptcy Court for the District of Delaware seeking to recover $103,717.54 in alleged fraudulent transfers (Edward T. Gavin v. Federal Express Corporation $(Re: Saab Cars North America Inc.$), No. 12-10344, Chapter 11, D. Del. Bkcy.).
DETROIT - The bankrupt City of Detroit on Feb. 17 asked the U.S. Bankruptcy Court for the Eastern District of Michigan to strike the joinder of a financial management company to the adversary complaint Ambac Assurance Corp. filed against the city alleging that the city has unlawfully diverted funds related to bonds issued by Ambac (Ambac Assurance Corporation v. City of Detroit $(In Re: City of Detroit$), No. 13-53846, Adv. No. 13-05310, Chapter 9, E.D. Mich. Bkcy.).
WASHINGTON, D.C. - A Washington federal judge's grant of summary judgment on behalf of an accused patent infringer was reversed Feb. 19 by the Federal Circuit U.S. Court of Appeals, which instead remanded with instructions that judgment should be entered on behalf of the patent owner (Ring & Pinion Service Inc. v. ARB Corporation Ltd., No. 13-1238, Fed. Cir.).
WORCESTER, Mass. - A federal magistrate judge in Massachusetts on Feb. 14 denied a plaintiff company's request for unredacted copies of four email chains that were shown to two deponents before their depositions, after finding that the communications did not refresh their memories (Accusoft Corporation v. Quest Diagnostics Inc., et al., No. 12-cv-40007-TSH, D. Mass.; 2014 U.S. Dist. LEXIS 18976).
GRETNA, La. - A Louisiana appeals court on Feb. 12 dismissed a third-party action involving liability for take-home asbestos exposures after the parties resolved the issue (Leonard Abadie Jr. v. Asbestos Corporation Ltd., et al., No. 13-CA-768, La. App., 5th Cir.).
WILMINGTON, Del. - The foreign representatives of bankrupt Irish Bank Resolution Corp. Ltd. (IBRC) on Feb. 11 filed a brief in the U.S. Bankruptcy Court for the District of Delaware supporting an asset sale and a settlement with creditor Tampa Port Authority (TPA) on grounds that the sole objector to the sale is "a disgruntled bidder" that has "no standing to complain" (In Re: Irish Bank Resolution Corporation Ltd., No. 13-12159, Chapter 15, D. Del. Bkcy.).
NEW YORK - Bankrupt AMR Corp., the parent company of American Airlines Inc., on Feb. 10 filed in the U.S. Bankruptcy Court for the Southern District of New York a stipulated agreement with Los Angeles World Airports (LAWA), the management company for Los Angeles International Airport (LAX), under which AMR would pay $16,991,969.06 to settle disputed charges the airline owes to the airport (In Re: AMR Corporation, No. 11-15463, Chapter 11, S.D. N.Y. Bkcy.).
CHICAGO - A federal judge in Chicago on Feb. 6 refused to dismiss claims that the Bank of New York Mellon Corp. breached its fiduciary duties under the Employee Retirement Income Security Act by investing multiemployer pension and welfare funds' assets in notes issued by Lehman Brothers Holding Co. Inc. prior to Lehman's declaring bankruptcy (The International Brotherhood of Teamsters Union Local No. 710 Pension Fund, et al. v. The Bank of New York Mellon Corporation, et al., No. 13-1844, N.D. Ill.; 2014 U.S. Dist. LEXIS 15246).