WILMINGTON, Del. - A creditor in the Chapter 11 bankruptcy of oil and gas company Green Field Energy Services Inc. (GFES) on March 10 filed a brief in the U.S. Bankruptcy Court for the District of Delaware objecting to the company's plan to sell certain assets on grounds that the sale would not generate the $5,089,433.11 that the creditor contends it is guaranteed based on a lease agreement between the parties (In Re: Green Field Energy Services Inc., No. 13-12783, Chapter 11, D. Del. Bkcy.).
SACRAMENTO, Calif. - Construction companies failed to assert professional negligence and constructive fraud claims against an insurance broker regarding a failed workers' compensation program, a California appeals panel held March 10, affirming summary judgment in favor of the insurance broker (Mark Tanner Construction Inc., et al. v. HUB International Insurance Services Inc., No. C071176, Calif. App., 3rd Dist.; 2014 Cal. App. LEXIS 219).
PEORIA, Ill. - A federal judge in Illinois on March 7 adopted a federal magistrate judge's report and recommendation and granted in part and denied in part a motion to strike affirmative defenses in a suit arising from loans issued by a failed bank and a subsequent auction, finding that certain of the defenses are legally insufficient (EBC Asset Investment Inc. v. Sullivan Auctioneers LLC, No. 13-1378, C.D. Ill.; 2014 U.S. Dist. LEXIS 29458).
WASHINGTON, D.C. - In light of a January 2014 U.S. Supreme Court ruling that a patentee-licensor bears the burden of persuasion on the issue of infringement in defending a declaratory judgment action, the Federal Circuit U.S. Court of Appeals on March 11 affirmed a Delaware federal judge's determination of noninfringement (Medtronic Inc. v. Boston Scientific Corp. et al., Nos. 11-1313, 1372, Fed. Cir.).
DALLAS - The CEO of bankrupt bitcoin exchange operator MtGox Co. Ltd. on March 10 filed a brief in the U.S. Bankruptcy Court for the Northern District of Texas seeking recognition as the foreign representative for the company, and seeking a stay of litigation pending against the company related to its loss of investors' money related to the theft of digital currency (In Re: MtGox Co. Ltd.,. No. 14-31229, Chapter 15, N.D. Texas Bkcy.).
ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on March 10 said Arkansas would not recognize an "over-promotion" exception to the state's learned intermediary defense, and even if it did, a Zyprexa patient presented no evidence that a sales representative overrode the drug's warning about the risk of tardive dyskinesia (Timothy Boehm v. Eli Lilly & Company, No. 13-1350, 8th Cir.; 2014 U.S. App. LEXIS 4371).
DENVER - The 10th Circuit U.S. Court of Appeals on March 10 affirmed a lower federal court's ruling that an insurer has no duty to provide directors and officers liability coverage to a bank and its employees who were accused of preparing and executing fraudulent deeds of trust (Western Heritage Bank, et al. v. Federal Insurance Co., No. 13-2077, 10th Cir.; 2014 U.S. App. LEXIS 4383).
ATLANTIC CITY, N.J. - A New Jersey state court jury on March 11 found that Hoffman-La Roche failed to adequately warn that its former acne drug Accutane could cause ulcerative colitis and awarded the plaintiff $1,587,928 for past medical expenses and for pain and suffering (Kamie Kendall Rees v. Hoffman-La Roche Inc., No. 008213-05, N.J. Super., Atlantic Co.).
LOS ANGELES - A California woman filed a complaint in state court on March 6, contending that her teenage son was seriously injured while participating in a Pop Warner football game (Crystal Dixon v. Pop Warner Little Scholars Inc., et al., No. BC526842, Calif. Super., Los Angeles Co.).
HATTIESBURG, Miss. - A Mississippi couple on March 7 filed a lawsuit in federal court, alleging that they are wrongfully being held responsible for more than $50,000 in medical claims after the company responsible for making premium payments for their Pre-existing Condition Insurance Plan (PCIP) provided for under the Patient Protection and Affordable Care Act (ACA) failed to make the payments (Thomas and Wanda Carruth v. The Outsource Group, et al., No. 14-33, S.D. Miss.).
AUSTIN, Texas - A Texas woman on March 7 sued her health insurer in federal court for allegedly wrongfully denying coverage for treatment related to her husband's stroke (Eleanor Crose v. Humana Insurance Co., No. 14-205, W.D. Texas).
FORT SMITH, Ark. - An Arkansas federal judge on March 10 dismissed a subrogation dispute, saying the plaintiff failed to exhaust administrative remedies as required by the Medicare Act before filing the suit (Darrell Richard Cupp v. Dane F. Johns, et al., No. 14-2016, W.D. Ark.; 2014 U.S. Dist. LEXIS 30537).
DENVER - An international art dealer and his art galleries on March 7 won dismissal of copyright infringement allegations when a Colorado federal judge agreed that the plaintiff in the case lacks standing (Lou Lou Goss v. Paul Zueger et al., No. 12-1424, D. Colo.).
DENVER - An insured and its insurers notified a Colorado federal judge on March 7 of a settlement in their coverage dispute regarding payment for an underlying settlement of a construction defect case against the insured (Okland Construction Company Inc. v. The Phoenix Insurance Co., et al., No. 11-2652, D. Colo.; 2014 U.S. Dist. LEXIS 28803).
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).
WILMINGTON, Del. - Bankrupt Major League Baseball team Los Angeles Dodgers LLC on March 10 filed a brief in the U.S. Bankruptcy Court for the District of Delaware contending that a creditor's motion seeking permission to file a late claim should be denied because he cannot provide a valid reason for his "extreme delay" in filing his claim (In Re: Los Angeles Dodgers LLC, No. 11-12010, Chapter 11, D. Del. Bkcy.).
NEW YORK - The U.S. trustee in the Chapter 11 bankruptcy of Lightsquared Inc. on March 10 filed a brief in the U.S. Bankruptcy Court for the Southern District of New York objecting to the company's plan of reorganization, contending that it contains releases for certain parties that do not comply with the Bankruptcy Code (In Re: Lightsquared Inc., No. 12-12080, Chapter 11, S.D. N.Y. Bkcy.).
NEW ORLEANS - Genuine issues of material fact exist as to whether an insurer acted in an arbitrary and capricious manner by attributing a building's roof damage to tarps installed after it was damaged by a hurricane, a Louisiana federal judge ruled March 7, denying summary judgment on a bad faith claim against the building's insurers (Cedar Ridge LLC v. Landmark American Insurance Co., et al., No. 13-672, E.D. La.; 2014 U.S. Dist. LEXIS 29602).
HONOLULU - A unanimous Hawaii Intermediate Court of Appeals panel affirmed summary judgment March 7 for chemical companies and banana plantation operators accused by field hands of exposing them to dibromochloropropane nematocides; the panel ruled that the claims are barred under the statute of limitations and that the class action tolling cited by the plaintiffs ended more than four years before the claims were filed (Gerardo Dennis Patrickson, et al. v. Dole Food Co. Inc., No. 30700, Hawaii Intermediate Court of Appeals; 2014 Haw. App. LEXIS 106).
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.).
OKLAHOMA CITY - Religious groups demonstrate a substantial likelihood of success in their Religious Freedom Restoration Act of 1993 (RFRA) challenge to the Patient Protection and Affordable Care Act (ACA)'s contraceptive mandate, an Oklahoma federal judge held March 10 (Reaching Souls International Inc., et al. v. Kathleen Sebelius, et al., No. 13-1092, W.D. Okla.; 2014 U.S. Dist. LEXIS 30497).
CHICAGO - A couple who successfully brought a claim for rescission under the Truth in Lending Act (TILA) is entitled to $175,389 in attorney fees and $475 in costs, a federal magistrate judge in Illinois ruled March 10, after finding that the plaintiffs' request was timely and that the rate for billable hours was reasonable (David Christiansen, et al. v. Fifth Third Bank, et al., No. 10 C 2177, N.D. Ill.; 2014 U.S. Dist. LEXIS 30378).
NEW YORK - A Second Circuit U.S. Court of Appeals panel on March 10 affirmed exclusion of expert testimony that a golf cart that overturned and paralyzed a teen was defectively designed (Matthew and James Valente v. Textron, et al., No. 13-1456-cv, 2nd Cir.; 2014 U.S. App. LEXIS 4380).
WASHINGTON, D.C. - The U.S. Supreme Court on March 10 refused to review the Eighth Circuit U.S. Court of Appeals' reversal of the dismissal of putative class actions alleging that financial institutions violated the Electronic Fund Transfer Act (EFTA) by not posting ATM fees notices (Mutual First Federal Credit Union, et al. v. Jarek Charvat, No. 13-679, U.S. Sup.).
CHICAGO - The widow of a man who was killed while attempting to assist a disabled vehicle on an Illinois highway filed a wrongful death complaint in a state court on March 10, naming a trucking company and truck driver as defendants (Sandra Petrella v. DND International Inc., et al., No. 2014002846, Ill. Cir., Cook Co.).