SAN FRANCISCO - Granting ex parte motions for temporary restraining orders (TROs) filed by the plaintiffs in two different lawsuits against the U.S. government's collection of telephone call data record data, a California federal judge on March 10 ordered that any existing call data records be preserved, despite a March 7 order by the Foreign Intelligence Surveillance Court (FISC) that was interpreted as permitting destruction of the data (Carolyn Jewel, et al. v. National Security Agency, et al., No. 3:08-cv-04373, and First Unitarian Church of Los Angeles, et al. v. National Security Agency, et al., No. 13-03287, N.D. Calif.).
SAN FRANCISCO - Although a California federal judge on March 10 found that the putative plaintiffs in a privacy and fraud class action against Google Inc. failed to establish their claim under the Computer Fraud and Abuse Act (CFAA), he found their unfair competition claim sufficiently pleaded, granting in part and denying in part Google's motion to dismiss (In Re Google Android Consumer Privacy Litigation, No. 3:11-md-00264, N.D. Calif.; 2014 U.S. Dist. LEXIS 31430).
TOLEDO, Ohio - Three experts who opined that Remicade caused a man's noninfectious interstitial lung disease lacked a reliable methodology because they relied exclusively on case reports, a federal judge in Ohio held March 11 in excluding the testimony and granting partial summary judgment to the defendants (Anthony DeGidio v. Centocor Ortho Biotech, et al., No. 3:09CV721, N.D. Ohio; 2014 U.S. Dist. LEXIS 31258).
MADISON, Wis. - The Wisconsin Senate on March 12 passed, on a 17-to-16 vote, legislation requiring that plaintiffs disclose asbestos personal injury trust submissions and providing liable defendants with offsets for recoveries from those trusts.
ST. LOUIS - A putative class action over oil leaks from a 100-year-old pipeline currently being used to carry communications cable was denied certification on March 12 in the U.S. District Court for the Eastern District of Missouri (Glenn A. Henke, et al. v. Arco Midcon LLC, et al., No. 10-cv-00086, E.D. Mo.).
NEW YORK - The Second Circuit U.S. Court of Appeals on March 11 affirmed a lower court's ruling that a commercial general liability insurer has a duty to defend its insured against underlying claims that it misappropriated trade secrets to create and sell lighting fixtures that mimicked the appearance of those sold by the underlying claimant (Bridge Metal Industries LLC, et al. v. Travelers Indemnity Co., No. 11-4228, 2nd Cir.; 2014 U.S. App. LEXIS 4463).
PHILADELPHIA - A Pennsylvania jury on March 12 awarded $7.4 million for a man's death from mesothelioma, leaving lone remaining defendant RSCC Wire & Cable LLC on the hook for $805,250, sources told Mealey Publications (Arnold Merwitz v. Allis Chalmers Corp., et al., No. 101101848, Pa. Comm. Pls., Philadelphia Co.).
LOUISVILLE, Ky. - A Kentucky federal judge presiding over a workplace accident action involving a man who alleges he suffered serious burn injuries while using construction machinery issued an order on March 12 denying a motion to compel the defendant to produce additional discovery information (Michael B. Meany v. Altec Industries Inc., No. 11-CV-401-S, W.D. Ky.).
CEDAR RAPIDS, Iowa - A federal judge in Iowa on March 10 granted certain of the Federal Deposit Insurance Corp.'s discovery requests in a suit Progressive Casualty Insurance Co. brought seeking a determination that it was not required to cover a suit the FDIC filed against the former officers and directors of the failed Vantus Bank (Progressive Casualty Insurance Co. v. Federal Deposit Insurance Corp., et al., No.12-4041, N.D. Iowa; 2014 U.S. Dist. LEXIS 30354).
CHICAGO - The federal judge in the U.S. District Court for the Northern District of Illinois presiding over the putative class action brought by investors against bankrupt bitcoin exchange operator MtGox Inc. on March 11 issued an order freezing the company's assets (Gregory Greene, et al. v. MtGox Inc., et al., No. 14-1437, N.D. Ill.).
PHILADELPHIA - The judge overseeing the federal asbestos multidistrict litigation on March 12 granted 5,974 motions to dismiss based on lack of personal jurisdiction, rejecting plaintiffs' claims that supplemental evidence showed the defendants waived the issue (In re: Asbestos Products Liability Litigation [No. VI], Jacobs, et al. v. A-C Product Liability Trust, et al., No. MDL 875, 02-875, E.D. Pa.).
BIRMINGHAM, Ala. - A determination of an insurer's duty to defend is premature until the nature of the damages to a dental facility from flooding due to construction error are determined, an Alabama federal judge ruled March 12, dismissing the insurer's coverage lawsuit (Pennsylvania National Mutual Casualty Insurance Co. v. Baldone Family Dentistry P.C., et al., No. 13-2338, N.D. Ala.; 2014 U.S. Dist. LEXIS 31815).
BOSTON - Three defendants on March 13 won a summary judgment that five patents covering client-server networks for use in "virtual world" computer games are invalid (Worlds Inc. v. Activision Blizzard Inc. et al., No. 12-10576, D. Mass.).
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on March 10 released a decision in which it refused to reconsider a decision in which it found that the Bolivarian Republic of Venezuela breached its obligation to negotiate compensation in relation to assets it took from investors in various oil projects but dismissed certain claims for lack of jurisdiction (ConocoPhillips Petrozuata B.V., et al. v. Bolivarian Republic of Venezuela, No. ARB/07/30, ICSID).
WILMINGTON, Del. - Bankrupt Event Rentals Inc. on March 12 filed a brief in the U.S. Bankruptcy Court for the District of Delaware objecting to a motion filed by a creditor who seeks to compel the company to immediately reject or assume certain contracts related to a suite license agreement involving a contract with Staples Center in Los Angeles (In Re: Event Rentals Inc., No. 14-10282, Chapter 11, D. Del. Bkcy.).
WAUKESHA, Wisc. - An insurer that issued a contractors pollution liability policy to its insured does not have a duty to defend or indemnify the insured for underlying property damage and bodily injury claims caused by a natural gas line explosion because the underlying suits allege damages caused by the explosion and fire and not by contact with the natural gas, the Second District Wisconsin Court of Appeals said March 12 (Acuity, A Mutual Insurance Co. v. Chartis Specialty Insurance Co., No. 2013AP1303, Wis. App., Dist. 2; 2014 Wisc. App. LEXIS 201).
COLUMBUS, Ohio - A pollution cleanup provision in an insured's policy provides coverage for the removal of debris defined as a pollutant, an Ohio federal judge said March 12 in finding that the insured's interpretation of the provision was reasonable (Howard Industries Inc. v. Ace American Insurance Co. et al., No. 13-0677, S.D. Ohio; 2014 U.S. Dist. LEXIS 31949).
CHICAGO - A panel of the Seventh Circuit U.S. Court of Appeals on March 12 affirmed a bankruptcy court ruling and found that a creditor's claim against a debtor was nondischargeable because it was based on a state law fraud claim (Nikki Lee v. Leland G. Christenson II, No. 13-3256, Chapter 7, 7th Cir.; 2014 U.S. App LEXIS 4628).