SEATTLE - Claims that benzene in its print-roller solvent caused a printing industry worker's death of myelodysplastic syndrome or acute myeloid leukemia were dismissed against the successor to a bankrupt company by a Washington federal judge, who said Sept. 10 that the worker's widow had not shown that the bankruptcy was consummated to avoid tort liability (Michele Schuman v. Varn International, Inc., et al., No. 2:10-cv-980 W.D. Wash.; 2012 U.S. Dist. LEXIS 129221).
ALEXANDRIA, Va. - After two previous copyright infringement litigants were unable to come to an agreement regarding alleged violations of a June 2011 permanent injunction order, a Virginia federal judge on Sept. 7 granted in part a motion asserting that defendants and third parties are in contempt (Tattoo Art Inc. v. Tat International et al., No. 10-323, E.D. Va.).
CONCORD, N.H. - An insurance agent breached its agreement and its fiduciary duties with two sureties by failing to remit the net premiums it collected on the sureties' bonds it later replaced with another surety's bonds, a New Hampshire magistrate judge found Sept. 10 (Washington International Insurance Co. and North American Specialty Insurance Co. v. Ashton Agency Inc., No. 10-526, D. N.H.; 2012 U.S. Dist. LEXIS 127907).
LAS VEGAS - The Internal Revenue Service on Sept. 6 filed a brief in the U.S. Bankruptcy Court for the District of Nevada objecting to the Chapter 11 reorganization plan of bankrupt developer American West Development Inc. (In Re: American West Development Inc., No. 12-12349, Chapter 11, D. Nev. Bkcy.). Subscribers may view the brief available within the full article.
NEW YORK - After finding that an international arbitration award was not contrary to New York public policy, the Second Circuit U.S. Court of Appeals on Sept. 6 affirmed a federal court's decision to confirm the award (Agility Public Warehousing Co. K.S.C., et al. v. Supreme Foodservice GMBH, No. 11-5201-cv, 2nd Cir.; 2012 U.S. App. LEXIS 18698).
NEW YORK - A panel of the Second Circuit U.S. Court of Appeal on Sept. 6 affirmed a bankruptcy court's ruling and said that a debtor's argument that the claim filed by a company with which it had a tax agreement was "meritless" (CIT Group Inc. v. Tyco International Inc. [In Re: CIT Group], No. 12-1692, Chapter 11, 2nd Cir.; 2012 U.S. App. LEXIS 18696).
ATLANTA - Finding no error in a Florida judge's grant of summary judgment on behalf of a Lanham Act defendant, the 11th Circuit U.S. Court of Appeals on Sept. 5 affirmed (Suntree Technologies Inc. v. Ecosense International Inc. and George Dussich, No. 11-13916, 11th Cir.).
BLOOMINGTON, Ill. - An Illinois judge on Aug. 31 vacated portions of an $89.6 million asbestos verdict, including $40 million in punitive damages, against Owens-Illinois Inc. for allegedly conspiring to conceal the dangers of asbestos, sources told Mealey Publications (Charles Gillenwater v. Honeywell International Inc., et al., No. 10 L 117, Ill. Cir., McLean Co.). Subscribers may view full details available within the full Mealey's article.
PHILADELPHIA - Lead plaintiffs and defendants in a securities class action lawsuit against a company, certain of its officers and directors and others have agreed to a $23.5 million settlement of claims pertaining to the defendants' alleged misrepresentations made in offering documents for its initial public offering (IPO) regarding the company's business and financial condition, according to court documents filed Sept. 5 in Pennsylvania federal court (In re Constar International Inc. Securities Litigation, No. 03-5020, E.D. Pa.).
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BLOOMINGTON, Ill. - A woman's evidence of a conspiracy involving her employer and companies manufacturing asbestos-containing products falls short of the "clear and convincing" standard, a divided Illinois court held Aug. 31 in reversing a $17.87 million verdict (Jayne Menssen v. Pneumo Abex Corp., et al., Jayne Menssen v. Honeywell International Inc.. Nos. 4-10-0804, 4-10-0921, Ill. App., 4th Cir.).
WASHINGTON, D.C. - An administrative law judge presiding over the investigation initiated by the U.S. International Trade Commission (ITC) into patents held by bankrupt Eastman Kodak Co. on Aug. 23 ordered Kodak to produce a notebook belonging to one of the inventors of the disputed patents (In The Matter Of: Certain Electronic Devices For Capturing and Transmitting Images and Components Thereof, No. 337TA831, U.S. ITC). Subscribers may view the order to compel available within the full article.
TRENTON, N.J. - A New Jersey federal judge on Aug. 22 ordered an insurance agent to remit premiums of $724,466 to a reinsurer; however, the judge made no findings as to whether the parties are bound by certain terms of an agreement and whether the agent would be entitled to profit-sharing payments under the terms (Everest Reinsurance Co. v. International Aerospace Insurance Services Inc., No. 11-5332, D. N.J.; 2012 U.S. Dist. LEXIS 118714).
CINCINNATI - A third-party administrator breached its fiduciary duties in violation of the Employee Retirement Income Security Act by using plan assets for its own operational expenses, the Sixth Circuit U.S. Court of Appeals affirmed Aug. 20 (Guyan International, Inc. v. Professional Benefits Administrators, Inc., et al. Nos. 11-3126, 11-3640, 6th Cir.; 2012 U.S. App. LEXIS 17442).
NEW ORLEANS - A Louisiana federal judge on Aug. 16 denied an insurer's motion for judgment on the pleadings in a coverage dispute arising out of the BP oil spill because there is sufficient evidence showing that the insurer owes coverage for the insured's liability related to the oil spill and that the policy's "other insurance" clause has been satisfied (In re: Oil Spill by the Oil Rig "Deepwater Horizon" in the Gulf of Mexico, on April 20, 2010 applies to: 12-311, Cameron International Corp. v. Liberty Insurance Underwriters Inc., MDL No. 2179, E.D. La.; 2012 U.S. Dist. LEXIS 115463).
DENVER - Real estate appraisers were not required to evaluate comparable sales before deciding to apply a before-and-after property valuation formula, a 10th Circuit U.S. Court of Appeals panel held Aug. 16 in affirming a U.S. Tax Court valuation of an easement (Trout Ranch, et al. v. Commissioner of Internal Revenue, Nos. 11-9006, 14374-08; 10th Cir.; 2012 U.S. App. LEXIS 17198)
LOS ANGELES - Two adult entertainment firms have sufficiently pleaded claims for conspiracy and monopolization against the International Corporation for Assigned Names and Numbers (ICANN) and a company that it contracted to be registry of the newly approved .XXX top-level domain (TLD) on the Internet, a California federal judge held Aug. 14, partly denying a motion to dismiss the firms' antitrust claims (Manwin Licensing International S.A.R.L., et al. v. ICM Registry LLC, et al., No. 2:11-cv-09514, C.D. Calif.). Subscribers may view the in chambers order available within the full Mealey's article.
NEW YORK - The Second Circuit U.S. Court of Appeals on Aug. 15 affirmed a lower court's dismissal of a lawsuit seeking homeowners insurance coverage for losses sustained in the Madoff-Ponzi scheme (Robert and Harlene Horowitz v. American International Group Inc., et al., No. 10-4408-cv, 2nd Cir.; 2012 U.S. App. LEXIS 17055).
WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on Aug. 15 released a decision awarding a food production company a total of 700,000 euros against the Former Yugoslav Republic of Macedonia, finding that Macedonia failed to accord fair and equitable treatment to the company's investment in a former socially owned enterprise (Swisslion DOO Skopje v. The Former Yugoslav Republic of Macedonia, No. ARB/09/16, ICSID).Subscribers may view the award available within the full article.
JACKSON, Miss. - An internal medicine doctor was qualified to testify about his diagnosis of a man's hip problem but not to opine that a fall aggravated the man's osteoarthritis and necessitated hip replacement surgery, the Mississippi Supreme Court held Aug. 9 in a 5-3 decision, reversing a $1.07 million premises liability award (Bailey Lumber & Supply Co. v. Dwight Robinson, No. 2011-CA-00054-SCT, Miss. Sup.; 2012 Miss. LEXIS 386).
ST. LOUIS - Retirees did not have a vested right to lifetime health benefits under a collective bargaining agreement (CBA) that did not provide unambiguous language providing such a right, the Eighth Circuit U.S. Court of Appeals affirmed Aug. 7 in ruling that Whirlpool Corp. may unilaterally modify the health benefits it provides to union workers who retired from Maytag Corp., its now-dissolved subsidiary (Maytag Corp., et al. v. International Union, United Automobile, Aerospace & Agricultural Implement Workers of America, et al., No. 11-2931, 8th Cir.; 2012 U.S. App. LEXIS 16353).
MIAMI - A financial institution bond's retroactive date rider provision precludes an insured's claim for losses caused by fraud, a Florida federal judge ruled Aug. 9, granting an insurer's cross-motion for summary judgment (ABCO Premium Finance LLC v. American International Group Inc., et al., No. 11-23020-CIV-SCOLA/BANDSTRA, S.D. Fla.; 2012 U.S. Dist. LEXIS 111833).
LAS VEGAS - A Nevada federal judge on Aug. 3 refused to dismiss claims by stun-gun maker TASER Inc. that a competitor issued unfair and misleading press releases to drive its stock price down and granted the plaintiff time to depose two key defendant witnesses regarding their role in the releases (TASER International, Inc. v. Stinger Systems, et al., No. 2:09-cv-289-MMD-PAL; 2012 U.S. Dist. LEXIS 108737).
HOUSTON - A Texas federal judge on Aug. 1 denied a company's request for additional attorney fees it incurred for work that allegedly was required by the unjustified refusal of an entity to abide by an arbitration award issued by the American Arbitration Association (AAA), finding that the time spent in relation to confirmation of the award was spent on at least one issue that was not frivolous (Tricon Energy Ltd. v. Vinmar International Ltd., No. 4:10-cv-05260, S.D. Texas; 2012 U.S. Dist. LEXIS 107563).
WASHINGTON, D.C. - Citing an erroneous construction of the disputed claim term "code," a divided Federal Circuit U.S. Court of Appeals on Aug. 1 reversed an International Trade Commission finding of noninfringement by Nokia Inc. and Nokia Corp. (Nokia, collectively) (InterDigital Communications LLC v. International Trade Commission and Nokia Inc. and Nokia Corporation, No. 10-1093, Fed. Cir.).