ST. LOUIS - A Missouri federal judge on Feb. 27 denied defendants' motion to dismiss a dispute over prescription drug rebates but granted a motion to transfer the case to another federal court (Express Scripts Inc. v. Jefferson Health System Inc., et al., No. 13-379, E.D. Mo.; 2014 U.S. Dist. LEXIS 25057).
WILMINGTON, Del. - Hybrid Tech Holdings LLC, the firm that agreed to provide post-petition financing to bankrupt Fisker Automotive Holdings Inc., on March 2 filed a brief in the U.S. Bankruptcy Court for the District of Delaware objecting to the motion of the Official Committee of Unsecured Creditors (the committee) of Fisker, contending that the committee should be granted expedited consideration for its motion seeking leave and authority to prosecute various causes of action on behalf of Fisker's estate (In Re: Fisker Automotive Holdings Inc., No. 13-13087, Chapter 11, D. Del. Bkcy.).
DALLAS - A Texas federal judge on Feb. 27 remanded a health care reimbursement suit between a health care provider and insurer to state court, saying the claims were not preempted (Texas Center for Obesity Surgery v. UnitedHealthCare of Texas Inc., et al., No. 13-922, N.D. Texas; 2014 U.S. Dist. LEXIS 24996).
NEWARK, N.J. - A New Jersey federal judge on Feb. 27 granted partial summary judgment in favor of an insurer in a health care benefits reimbursement dispute, dismissing the claims asserted by the plaintiff but denying the defendant's motion for recovery for its counterclaim and request for attorney fees (New Jersey Back Institute ASO Juan Rodriguez v. Horizon Blue Cross Blue Shield Insurance Co., No. 12-4985, D. N.J.; 2014 U.S. Dist. LEXIS 25639).
SAN FRANCISCO - A California federal judge properly found that a claim for trademark cancellation, standing alone, does not provide an independent basis for subject matter jurisdiction, the Ninth Circuit U.S. Court of Appeals ruled Feb. 28 (Airs Aromatics LLC v. Victoria's Secret Stores Brand Management Inc., No. 12-22576, 9th Cir.; 2014 U.S. App. LEXIS 3865).
KANSAS CITY, Kan. - BancInsure Inc. does not have to cover a suit the Federal Deposit Insurance Corp. filed against former directors of Columbian Bank and Trust Co. because coverage of the FDIC's underlying claims is excluded from the bank's policy, a federal judge in Kansas ruled Feb. 27 (BancInsure Inc. v. Carl L. McCaffree, et al., No. 12-2110, D. Kan.; 2014 U.S. Dist. LEXIS 24941).
AKRON, Ohio - A putative disgorgement class of Marlboro Lights cigarette smokers cannot show a common injury to satisfy Federal Rule of Civil Procedure 23(b)(3)'s requirement of predominance, an Ohio federal judge said in a Feb. 28 opinion denying plaintiffs' motion for class certification (Eva Marie Phillips v. Philip Morris Companies Inc., nka Altria Group, Inc., et al., No. 5:10CV1741, N.D. Ohio, Eastern Div.; 2014 U.S. Dist. LEXIS 25980).
CHICAGO - A putative class of investors filed a lawsuit against bankrupt Mt. Gox Inc. on Feb. 27 in the U.S. District Court for the Northern District of Illinois, alleging fraud, breach of contract and other causes of action related to the loss of 744,000 bitcoins, a digital currency the investors say is valued at $409.2 million (Gregory Greene v. Mt Gox, et al., No. 14-01437, N.D. Ill.).
WASHINGTON, D.C. - The U.S. Supreme Court on March 3 agreed to review a Fourth Circuit U.S. Court of Appeals ruling sustaining the FTC's determination that dentists in North Carolina, through the North Carolina Board of Dental Examiners, are conspiring to exclude non-dentists from providing teeth-whitening services in violation of Section 5 of the Federal Trade Commission Act (The North Carolina State Board of Dental Examiners v. Federal Trade Commission, No. 13-534, U.S. Sup.).
WASHINGTON, D.C. - The U.S. Supreme Court on March 3 granted a petition for writ of certiorari in a lawsuit filed by warehouse employees seeking compensation for the time they spend at the end of each shift passing through a security check (Integrity Staffing Solutions, Inc. v. Jesse Busk, et al., No. 13-433, U.S. Sup.).
BOSTON - A causal association between incretin-based diabetes drugs and pancreatitis or pancreatic cancer is "inconsistent with the current data," the Food and Drug Administration, European Medicines Agency (EMA) and Dutch Medicines Evaluation Board write in the Feb. 27 New England Journal of Medicine.
SHEVEPORT, La. - The Second Circuit Louisiana Court of Appeal on Feb. 26 affirmed summary judgment for a defendant in a construction defects action, agreeing that the former owner of a construction company could not be held liable under the Louisiana New Home Warranty Act (NHWA) (Louis A. Palmer, et al. v. Vermillion Home Builders LLC, et al., No. 48,838-CA, La. App., 2nd Cir.; 2014 La. App. LEXIS 471).
LAFAYETTE, La. - The plaintiff in the first federal Actos trial on Feb. 28 asked a Louisiana federal court to find that an Eli Lilly & Co. corporate witnesses engaged in "contumacious" conduct or perjury and to sanction Lilly with a default judgment (In Re: Actos [Pioglitazone] Products Liability Litigation, MDL Docket No. 2299, No. 6:11-md-2299, W.D. La.).
HOUSTON - A Texas appeals court on Feb. 27 left largely intact a $2.6 million judgment in a fee dispute between two fen-phen plaintiffs' law firms (Fleming & Associates, L.L.P., et al. v. Daniel P. Barton, et al., No. 12-12-00582-CV, Tex App., 14th Dist.).
ST. LOUIS - The federal government on Feb. 27 filed a brief with the Eighth Circuit U.S. Court of Appeals, urging the court to affirm the denial of a preliminary injunction in a case brought by a Missouri family challenging the birth control mandate contained in the Patient Protection and Affordable Care Act (PPACA) (Paul Wieland, et al. v. U.S. Department of Health and Human Services, No. 13-3528, 8th Cir.).
NEW YORK - Societe Generale has agreed to pay $122 million to settle claims that certain of its subsidiaries misrepresented the investment quality of certain residential mortgage-backed securities (RMBS) it and other financial institutions sold to Fannie Mae and Freddie Mac in violation of state and federal law, according to a press release issued on Feb. 27 by the Federal Housing Finance Agency (FHFA) (Federal Housing Finance Agency, as conservator for the Federal National Mortgage Association and the Federal Home Loan Mortgage Corp., v. SG Americas Inc., et al., No. 11-6203, S.D. N.Y.).
COLUMBIA, S.C. - Institutional pharmacy Omnicare Inc. will pay $4.19 million in civil penalties to resolve a False Claims Act lawsuit about its role in an alleged drug kickback scheme with pharmaceutical manufacturer Amgen Inc., the U.S. Justice Department announced Feb. 27 (United States of America, ex rel. Frank Kurnik v. Amgen Inc., et al., No. 3:11-cv-1464, D. S.C.).
KANSAS CITY, Kan. - A directors and officers insurance policy's "insured v. insured" exclusion unambiguously precludes coverage for the Federal Deposit Insurance Corp.'s (FDIC-R) gross mismanagement claims against a bank's former directors, a Kansas federal judge ruled Feb. 27 (BancInsure Inc. v. Carl L. McCaffree, et al., No. 12-2110-KHV, D. Kan.; 2014 U.S. Dist. LEXIS 24941).
SAN JOSE, Calif. - A federal judge in California on Feb. 25 certified a class of shareholders in a securities class action lawsuit, ruling that the named shareholder has properly met all statutory requirements for class certification (In re Celera Corp. Securities Litigation, No. 10-2604, N.D. Calif.).
NEW ORLEANS - A federal judge in Louisiana on Feb. 27 granted a motion to dismiss filed by the Federal Deposit Insurance Corp., as the receiver for a failed bank (FDIC-R), in a suit alleging that the FDIC and others caused a consumer to lose $84,000 by allowing funds to be fraudulently transferred from his account (Joseph Grubaugh v. Central Progressive Bank, et al., No. 13-3045, E.D. La.; 2014 U.S. Dist. LEXIS 25158).
CHARLESTON, W.Va. - Per a lease agreement, a railway was an additional insured on its lessee's commercial umbrella policy, a West Virginia federal judge found Feb. 26, ruling that the railway was entitled to coverage under the policy for lawsuits related to a derailment (Norfolk Southern Railway Co. v. National Union Fire Insurance of Pittsburgh, Pa., et al., No. 2:12-cv-05183, S.D. W.Va.; 2014 U.S. Dist. LEXIS 24092).
NEW YORK - No coverage is owed to an insured seeking coverage for underlying environmental pollution claims related to one of the insured's facilities in New York because the policies' pollution exclusions bar coverage, a New York federal judge said Feb. 27 (Travelers Indemnity Co., et al. v. Northrop Grumman Corp., et al., No. 12-3040, S.D. N.Y.; 2014 U.S. Dist. LEXIS 25194).
WASHINGTON, D.C. - A panel of the District of Columbia Circuit U.S. Court of Appeals on Feb. 28 held that a Bankruptcy Court ruled properly when it concluded that a debtor company lacked standing to challenge a settlement agreement that was part of the proceeding (Hope 7 Monroe Street Limited Partnership v. RIASO LLC [In Re: Hope 7 Monroe Street Limited Partnership], No.12-7054, D.C. Cir; 2014 U.S. App. LEXIS 3809).
RICHMOND, Va. - The Fourth Circuit U.S. Court of Appeals on Feb. 25 vacated the dismissal of a security guard's bias lawsuit against her former employer, opining that even though the plaintiff's original service of process in state court was defective, she had the right to cure the defect once the lawsuit was removed to federal court (Jacqueline Rice v. Alpha Security, Incorporated, et al., No. 13-1644, 4th Cir.; 2014 U.S. App. LEXIS 3483).
TRENTON, N.J. - West Virginia's lawsuit seeking reimbursement for the cost of Plavix belongs in state court and not federal court, a judge overseeing the multidistrict litigation ruled Feb. 26 (State of West Virginia, ex rel. Darrell V. McGraw, Jr. v. Bristol Myers Squibb Co., et al., No. 13-1603, D. N.J.; 2014 U.S. Dist. LEXIS 24026).