Mealey's IP/Tech - California Federal Judge Denies Attorney Fees In Copyright Litigation

SAN FRANCISCO - Four prevailing copyright infringement defendants were denied an award of attorney fees on Oct. 31 by a California federal judge (Design Data Corporation v. Unigate Enterprise Inc. et al., No. 12-4131, N.D. Calif.; 2014 U.S. Dist. LEXIS 154737).

Mealey's Antitrust/Unfair Competition - Comcast To Settle Antitrust Suit For $50M

PHILADELPHIA - Plaintiffs in the antitrust lawsuit that made its way to the U.S. Supreme Court and accuses Comcast Corp. of conspiring with other cable companies to remain the exclusive provider in certain areas moved Oct. 28 for certification of a settlement class and preliminary approval of a $50 million settlement (Stanford Glaberson, et al. v. Comcast Corporation, et al., No. 03-6604, E.D. Pa.).

Mealey's Litigation Procedure - Comcast To Settle Antitrust Suit For $50M

PHILADELPHIA - Plaintiffs in the antitrust lawsuit that made its way to the U.S. Supreme Court and accuses Comcast Corp. of conspiring with other cable companies to remain the exclusive provider in certain areas moved Oct. 28 for certification of a settlement class and preliminary approval of a $50 million settlement (Stanford Glaberson, et al. v. Comcast Corporation, et al., No. 03-6604, E.D. Pa.).

Mealey's Labor & Employment - Massachusetts Federal Judge Denies Emergency Protective Order In Wage Class Suit

SPRINGFIELD, Mass. - A Massachusetts federal judge on Oct. 24 denied an emergency motion for a protective order in a wage-and-hour class complaint filed by grocery store team leaders who allege that they are owed overtime wages (Shelly J. Davine, et al. v. The Golub Corporation, et al., No. 14-30136, D. Mass.; 2014 U.S. Dist. LEXIS 151344).

Mealey's Insurance - Panel Affirms Dismissal Of Telemarketer's Negligence, Vicarious Liability Claims

AKRON, Ohio - An Ohio appeals panel on Oct. 22 affirmed a lower court's dismissal of a telemarketing corporation's negligence, breach of fiduciary duty and vicarious liability claims against an insurer and an insurance agency (Infocision Management Corp. v. Michael D. Sammy Insurance Agency, Inc., et al., No. 26939, Ohio App., 9th Dist.; 2014 Ohio App. LEXIS 4536).

Mealey's IP/Tech - Federal Circuit Affirms Dismissal Of Patent Claims Against Japan Airlines

WASHINGTON, D.C. - Allegations that Japan Airlines Corp. (JAL) infringed a patented method of making a secure identification document with an embedded computer chip when it used electronic passports to process passengers within the United States were properly rejected by a New York federal judge, the Federal Circuit U.S. Court of Appeals ruled Oct. 21 (IRIS Corporation v. Japan Airlines Corp., No. 10-1051, Fed. Cir.).

Mealey's IP/Tech - Federal Circuit Affirms Claim Construction, Noninfringement Judgment

WASHINGTON, D.C. - Finding no error in an Oregon federal magistrate judge's construction of the claim terms "support surface" and "ledge," the Federal Circuit U.S. Court of Appeals on Oct. 20 affirmed a stipulated judgment that a patented bracket for orthodontic braces is not infringed (World Class Technology Corp. v. Ormco Corporation, No. 13-1769, 14-1692, Fed. Cir.).

Mealey's Labor & Employment - 11th Circuit: LabCorp Manager Failed To Prove Retaliation, Breach Of Contract

ATLANTA - A clinical laboratory network manager who was fired after her involvement in a real estate website was discovered failed to prove claims of retaliatory termination or breach of contract, the 11th Circuit U.S. Court of Appeals ruled Oct. 14 (Melissa C. Butterworth v. Laboratory Corporation of America Holdings, No. 13-15021, 11th Cir.; 2014 U.S. App. LEXIS 19680).

Mealey's Litigation Procedure - Plaintiffs' Counsel In Car Rental Fee Dispute Awarded $6.27 Million

LAS VEGAS - Attorneys representing the plaintiffs in a class complaint over car rental fees were awarded more than $6.27 million on Oct. 9 by a Nevada federal judge, who opined that such a large award was appropriate given the extended litigation and complexity of the lawsuit (Janet Sobel, et al. v. The Hertz Corporation, No. 06-545, D. Nev.; 2014 U.S. Dist. LEXIS 143926).

Mealey's Litigation Procedure - Target's Settlement Of Unsolicited Fax Suit Rejected By Federal Judge

MINNEAPOLIS - A Minnesota federal judge on Oct. 8 rejected a proposed settlement of a class complaint accusing Target Corp. of sending unsolicited faxes after the plaintiffs withdrew their support of the terms (Jonathan Small, et al. v. Target Corporation, et al., No. 13-1509, D. Minn.; 2014 U.S. Dist. LEXIS 143040).

Mealey's Toxic Tort/Environmental - Business Group: 2nd Circuit 'Must Punish' Fraud On Court In Lago Agrio Litigation

NEW YORK - The U.S. Chamber of Commerce on Oct. 8 filed an amicus brief in the Second Circuit U.S. Court of Appeals contending that it "must punish" the "massive fraud" committed by the attorney who won a $18.5 billion judgment for Ecuadorian nationals against Chevron Corp. related to contamination from the company's oil operations in the Lago Agrio region of Ecuador (Chevron Corporation v. Steven R. Donziger, et al., No. 14-826, 2nd Cir.).

Mealey's Labor & Employment - 8th Circuit Remands ACA Birth-Control Case For Injury Inquiry

ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on Oct. 6 once again remanded an Patient Protection and Affordable Care Act (ACA) contraceptive mandate challenge brought by a closely held for-profit corporation for an inquiry into whether its inability to find insurance without such coverage arises from government conduct (Annex Medical Inc., et al. v. Sylvia Mathews Burwell, et al., No. 13-1118, 8th Cir.).

Mealey's Insurance - 8th Circuit Remands ACA Birth-Control Case For Injury Inquiry

ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on Oct. 6 once again remanded an Patient Protection and Affordable Care Act (ACA) contraceptive mandate challenge brought by a closely held for-profit corporation for an inquiry into whether its inability to find insurance without such coverage arises from government conduct (Annex Medical Inc., et al. v. Sylvia Mathews Burwell, et al., No. 13-1118, 8th Cir.).

Mealey's Health Law - 8th Circuit Remands ACA Birth-Control Case For Injury Inquiry

ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on Oct. 6 once again remanded an Patient Protection and Affordable Care Act (ACA) contraceptive mandate challenge brought by a closely held for-profit corporation for an inquiry into whether its inability to find insurance without such coverage arises from government conduct (Annex Medical Inc., et al. v. Sylvia Mathews Burwell, et al., No. 13-1118, 8th Cir.).

Mealey's Toxic Tort/Environmental - 11th Circuit Reverses And Remands, Finds Homeowners' Water Contamination Case Valid

ATLANTA - A panel of the 11th Circuit U.S. Circuit Court of Appeals on Oct. 6 reversed and remanded a lawsuit brought by homeowners who contended that their drinking water was contaminated by a corporation that operated an aircraft and rocket engine manufacturing facility, concluding that under Florida law, a tort plaintiff seeking to recover for economic harm caused by pollution or contamination need not own property that is itself polluted or contaminated (Joseph Adinolfe v. United Technologies Corporation, No. 12-16396, 11th Cir.; 2014 U.S. App. LEXIS 18996).

Mealey's Toxic Tort/Environmental - Pennsylvania Court: Hearing Needed To Determine Drilling Methods Allowed By Deed

HARRISBURG, Pa. - The Pennsylvania Commonwealth Court on Oct. 6 ruled that a hearing is needed to determine what types of oil and gas extraction methods are permitted pursuant to the original deed that a hydraulic fracturing company contends allows it to engage in horizontal drilling on state game lands (Commonwealth of Pennsylvania, et al. v. Seneca Resources Corporation, No. 89MD2013, Pa. Cmmwlth.).

Mealey's Antitrust/Unfair Competition - High Court Won't Hear Antitrust Suit Over Microsoft Windows License

WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 6 declined to grant certiorari in a dispute over whether a user-restricting license agreement connected with Microsoft Inc.'s Windows 2007 operating system violated antitrust laws, denying a petition by Israeli software firm MiniFrame Ltd. (MiniFrame Ltd. v. Microsoft Corporation, No. 14-60, U.S. Sup.).

Mealey's PI/Product Liability - Texas Pelvic Mesh Verdict Cut From $73M To $34M Under Tort Reform Limits

DALLAS - A Texas state court judge on Oct. 2 reduced a $73.46 million compensatory/punitive damage verdict in a Boston Scientific Corp. pelvic mesh case to $34.64 million after applying state law limits and caps, according to a final judgment (Martha Salazar, et al. v. Boston Scientific Corporation, No. DC-12-14349-D, Texas Dist., 95th Jud. Dist., Dallas Co.).

Mealey's Litigation Procedure - Dutch Supreme Court Upholds $96 Million PCA Award For Chevron

THE HAGUE, Netherlands - The Supreme Court of the Netherlands on Sept. 26 rejected a request by the Republic of Ecuador to set aside a $96,355,369.17 arbitration award issued by the Permanent Court of Arbitration (PCA) in favor of Chevron Corp. (Corporation [USA] and Texaco Petroleum Company [USA] v. The Republic of Ecuador, No. 13/04679, Netherlands Sup.).

Mealey's PI/Product Liability - Novartis Kickback Lawsuit Largely Survives Dismissal

NEW YORK - A New York federal judge on Sept. 30 largely denied a motion by Novartis Pharmaceuticals Corp. to dismiss a False Claims/Anti-Kickback lawsuit in which a whistle-blower, the federal government and New York State allege that the drug maker paid kickbacks to doctors to prescribe the Valturna hypertension drug (United States of America, et al. ex rel. Oswald Bilotta v. Novartis Pharmaceuticals Corporation, No. 11-71, S.D. N.Y.).

Mealey's Insurance - Party To Reinsurance Says It Has Statutory Right To Setoff

NEW HAVEN, Conn. - A party to certain reinsurance agreements told a federal court in Connecticut on Sept. 26 that a reinsurer's motion to dismiss its setoff claims should be denied because it has a statutory right to setoff amounts contested by the parties (Odyssey Reinsurance Company f/k/a Odyssey America Reinsurance Corporation v. Cal-Regent Insurance Services Corporation, No. 14-cv-00458, D. Conn.).

Mealey's Toxic Tort/Environmental - 7th Circuit: Company Can Raise Divisibility Defense, Seek Contribution For Cleanup

CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on Sept. 25 ruled that a plaintiff company in a Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) lawsuit can seek contribution from defendant companies under Section 113(f) of the statute and that a federal judge in Wisconsin erred by not considering the plaintiff company's divisibility defense (NCR Corporation v. George A. Whiting Paper Co., et al., Nos. 13-2447,13-2522, 13-2568, 13-2570, 13-2572, 13-2605, 13-2606, 13-2631, 13-2645, 13-2866, 7th Cir.).

Mealey's Litigation Procedure - 4th Circuit Says Plaintiff Attorneys In Lago Agrio Case Not Entitled To Privilege

RICHMOND, Va. - A panel of the Fourth Circuit U.S. Court of Appeals on Sept. 24 ruled that attorneys who assisted the New York lawyer who won an $18.5 million verdict in the Lago Agrio contamination case against Chevron Corp. were not entitled to privilege regarding documents sought by the company, which argues that the verdict was fraudulent (Chevron Corporation v. Aaron Marr Page, et al., No. 13-2028 and [In Re: Hugo Gerardo Camacho Naranjo, et al., No. 13-1382, 4th Cir.).

Mealey's Toxic Tort/Environmental - 4th Circuit Says Plaintiff Attorneys In Lago Agrio Case Not Entitled To Privilege

RICHMOND, Va. - A panel of the Fourth Circuit U.S. Court of Appeals on Sept. 24 ruled that attorneys who assisted the New York lawyer who won an $18.5 million verdict in the Lago Agrio contamination case against Chevron Corp. were not entitled to privilege regarding documents sought by the company, which argues that the verdict was fraudulent (Chevron Corporation v. Aaron Marr Page, et al., No. 13-2028 and [In Re: Hugo Gerardo Camacho Naranjo, et al., No. 13-1382, 4th Cir.).

Mealey's Banking & Finance - Federal Judge Remands Citigroup Foreclosure Case To Ohio Court

COLUMBUS, Ohio - After finding that homeowners failed to plead valid claims under the Home Owners' Loan Act (HOLA) and the Real Estate Procedures Act (RESPA), an Ohio federal judge on Sept. 23 granted a realty corporation's request to remand its foreclosure-related action to state court (Citigroup Global Markets Realty Corp. v. Ronald Brown, et al., No. 2:13-cv-1232, S.D. Ohio; 2014 U.S. Dist. LEXIS 133531).