PITTSBURGH - A Pennsylvania federal judge on Dec. 5 denied an insurer's motion to dismiss claims seeking contribution from it for underlying personal injuries lawsuits arising out exposure to a chemical product on the basis that it is possible that the insurer owes indemnification for defense of the underlying suits (National Union Fire Insurance Company of Pittsburgh, Pa. et al. v. Essex Insurance Co., No. 13-32, W.D. Pa.; 2013 U.S. Dist. LEXIS 171401).
WACO, Texas - The 10th District Texas Court of Appeals on Dec. 5 rejected an insured's argument that she did not receive a fair and honest trial in her suit seeking additional damages for mold contamination after determining that the insured failed to present sufficient evidence in support of her argument (Wanda M. Page v. State Farm Lloyds, No. 10-12-00317, Texas App., 10th Dist.; 2013 Tex. App. LEXIS 14779).
NEW YORK - Creditor Wells Fargo Bank NA on Dec. 9 filed a brief in the U.S. Bankruptcy Court for the Southern District of New York objecting to the Chapter 11 reorganization plan of Residential Capital LLC (ResCap), contending that it did not comply with the Bankruptcy Code (In Re: Residential Capital LLC, No. 12-12020, Chapter 11, S.D. N.Y. Bkcy.).
PADUCAH, Ky. - Claims arising from damage to vinyl floors in the patient rooms and hallways are barred under the statute of limitations because a hospital had knowledge of the claims more than two years before the filing of a contractor's lawsuit against the hospital's insurer, a Kentucky federal judge ruled Dec. 5, granting in part summary judgment to the insurer (Wehr Constructors Inc. v. Assurance Company of America, No. 11-00189, W.D. Ky.; 2013 U.S. Dist. LEXIS 171532).
WASHINGTON, D.C. - In a Dec. 9 order, the U.S. Supreme Court announced that it will not review a January 2013 ruling by the Federal Circuit U.S. Court of Appeals in a dispute over a patented medical method and device (Arthrex Inc. v. Smith & Nephew Inc., No. 13-290, U.S. Sup.).
CINCINNATI - A federal judge in Ohio on Dec. 6 granted the Federal Trade Commission's request to transfer from an Ohio federal court to a Florida federal court its request for documents related to a suit alleging that a telemarketer tricked consumers into signing up for a bogus credit card interest rate reduction service (Federal Trade Commission v. A+ Financial Center LLC, No. 13-0050, S.D. Ohio; 2013 U.S. Dist. LEXIS 172472).
BRISBANE, Australia - An Australian judge on Dec. 6 found that a widow's claim for compensation in relation to her husband's mesothelioma death was time-barred, granting an application by his former employer and an insurer (Hall v Don Faulkner Motors Pty Ltd & Ors, No. $(2013$) QSC 331, Queensland Sup.).
ATLANTA - A lack of evidence that a Minnesota-based provider of social media training conducted any business in Georgia led a federal judge in that state to dismiss trademark-related claims against him on Dec. 5 for lack of personal jurisdiction (Paradise Media Ventures LLC v. Eric Mills, No. 1:13-cv-01003, N.D. Ga.; 2013 U.S. Dist. LEXIS 171915).
HARRISBURG, Pa. - A request by Kimberly-Clark Worldwide Inc. (KC) to bar a defense expert from testifying at trial on a "new" theory that several asserted patents are invalid was unsuccessful on Dec. 9 (Kimberly-Clark Worldwide Inc. v. First Quality Baby Products LLC et al., No. 09-1685, M.D. Pa.).
NEW YORK - The plan administrator in the Chapter 11 bankruptcy of MF Global Holdings Ltd. (MFGH) on Dec. 9 filed a brief in the U.S. Bankruptcy Court for the Southern District of New York, contending that the $4,021,875 claim filed by JCF MFG Holdco LLC is based on a "demonstrably false premise" (In Re: MF Global Holdings Ltd., No. 11-15059, S.D. N.Y. Bkcy.).
WILMINGTON, Del. - A principal in an investment company that is the lead plaintiff in a class action against one of the affiliates of bankrupt PMGI Holdings Inc., the parent company of adult entertainment empire carrying the name "Penthouse," on Dec. 9 filed an objection to PMGI's plan of reorganization, contending that it improperly releases individuals responsible for violating securities laws during an initial public offering (IPO) of common stock (In Re: PMGI Holdings Inc., No. 13-12404, Chapter 11, D. Del. Bkcy.).
PORTLAND, Ore. - Alleged property damage in condominium units falls within both the wrap-up exclusion in the 2006-07 and 2007-08 commercial general liability insurance policies and the specific operations exclusion in the 2005-06, 2006-07 and 2007-08 policies, an Oregon federal judge found Dec. 5 (First Mercury Insurance Co. v. Waterside Condominium Association, et al., No. 12-02348, D. Ore.; 2013 U.S. Dist. LEXIS 171542).
WASHINGTON, D.C. - The federal government on Dec. 9 urged the District of Columbia Circuit U.S. Court of Appeals to affirm a decision dismissing a suit challenging payments made to the Internal Revenue Service related to the individual mandate contained in the Patient Protection and Affordable Care Act (PPACA) decision (Matt Sissel v. U.S. Department of Health and Human Services, et al., No. 13-5202, D.C. Cir.).
SAN FRANCISCO - A split Ninth Circuit U.S. Court of Appeals panel on Dec. 5 partially vacated a California federal court's attorney fees award in an employment bias suit and remanded for reconsideration of fees for a paralegal (Kim Muniz v. United Parcel Service, Inc., No. 11-17282, 9th Cir.; 2013 U.S. App. LEXIS 24189).
WASHINGTON, D.C. - The U.S. Supreme Court on Dec. 9 granted the U.S. solicitor general leave to file an amicus curiae brief in a case dealing with the question of whether Article III of the U.S. Constitution permits the exercise of the judicial power of the United States by bankruptcy courts on the basis of litigant consent and whether a bankruptcy court may submit proposed findings of fact and conclusions of law for de novo review by a district court in a "core" proceeding under 28 U.S. Code Section 157(b) (Executive Benefits Insurance Agency v. Arkinson, No. 12-1200, U.S. Sup.).
SAN JUAN, Puerto Rico - A federal judge in Puerto Rico on Dec. 5 granted in part and denied in part a motion to compel discovery filed by the former directors and officers of a failed Puerto Rican bank regarding their third-party allegations against the Federal Deposit Insurance Corp. (W Holding Company Inc., et al. v. Chartis Insurance Co. of Puerto Rico, No. 11-2271, D. Puerto Rico; 2013 U.S. Dist. LEXIS 172354).
SEATTLE - A Washington jury returned an $18 million verdict on Dec. 5 for a woman who was injured during laser surgery, a source told Mealey Publications (Becky S. Anderson v. Donald R. Paugh, et al., No. 12-2-17928-0, Wash. Super., King Co.).
WHITEHOUSE STATION, N.J. - Merck & Co. Inc. has agreed to pay $27.7 million to resolve product liability suits alleging that its osteoporosis drug Fosamax caused osteonecrosis of the jaw (ONJ), or bone death, according to a press release the company issued Dec. 9 (In Re: Fosamax Products Liability Litigation, No. 1:06md1789, S.D. N.Y.).
WASHINGTON, D.C. - Less than a month after hearing oral arguments, a split U.S. Supreme Court on Dec. 10 dismissed the appeal of a suit over an agreement between an employer and union regarding access to the premises, employee information, monetary support for a ballot initiative and a promise not to picket (Unite Here Local 355 v. Martin Mulhall, et al., No. 12-99, U.S. Sup.).
ATLANTA - A food company sales broker is not entitled to receive overtime pay under federal law, the 11th Circuit U.S. Court of Appeals ruled Dec. 6, upholding a trial court's decision (Jerry Robin Reyes, et al. v. Goya Foods, Inc., d.b.a. Goya Foods of Florida, No. 13-12827, 11th Cir.; 2013 U.S. App. LEXIS 24257).
WHEELING, W.Va. - West Virginia property owners alleging negligence claims against natural gas well companies in a U.S. District Court for the Northern District of West Virginia lawsuit for methane contamination of a domestic water well on Dec. 6 were granted leave to file a second amended complaint; the presiding judge denied a motion to reconsider dismissal of statutory negligence claims against one of the three companies joined by the plaintiffs (Jeremiah N. Magers, et uxor v. Chesapeake Appalachia, et al., No. 12-49, N.D. W.Va.; 2013 U.S. Dist. LEXIS 114157).
CLEVELAND - The Eighth District Ohio Court of Appeals on Dec. 5 overturned summary judgment for a property owner named as the defendant in a premises liability action, concluding that a man's injuries were the result of faulty construction (Scott J. Wallace v. Golden Comb Inc., et al., No. 99910, Ohio App., 8th Dist.; 2013 Ohio App. LEXIS 5541).
TRENTON, N.J. - Allegations of frivolous patent prosecution by Ford Motor Co. were rejected Dec. 5 by a New Jersey federal judge (Marlowe Patent Holdings v. Ford Motor Company, No. 11-7044, D. N.J.).
PORTLAND, Maine - Efforts by two trademark infringement defendants to bar a plaintiff from introducing evidence of secondary meaning after the defendant adopted the allegedly infringing trademark were unsuccessful on Dec. 6 (165 Park Row Inc. v. JHR Development LLC et al., No. 12-106, D. Maine).
NEW HAVEN, Conn. - A Connecticut federal judge on Dec. 5 granted a preliminary injunction to keep a health insurance company group from terminating approximately 2,200 physicians from its Medicare Advantage program (Fairfield County Medical Association, et al. v. United Healthcare of New England, et al., No. 13-1621, D. Conn.).