NEW YORK - The Chapter 11 trustee in the bankruptcy of MF Global Holdings Ltd. (MFGH) on April 13 filed a brief in the U.S. Bankruptcy Court for the Southern District of New York, objecting to a motion by three wealth management firms seeking certification of their appeal of the Bankruptcy Court's order that denied their motion to have MFGH's estate administered pursuant to 11 U.S. Code Section 761-767 (In Re: MF Global Holdings Ltd., No. 11-15059, Chapter 11, S.D. N.Y. Bkcy.). See In Re: MR Global Holdings, Ltd., 2012 Bankr. LEXIS 1490, 2012 Bankr. LEXIS 995. Subscribers may view the brief available within the full update.
FORT MYERS, Fla. - A Florida federal magistrate on April 12 granted a Doe defendant's motion to quash a discovery subpoena served on his Internet service provider (ISP), finding that the Doe's declaration of nonresidency defeated jurisdiction (Nu Image Inc. v. Does, 1-3,932, No. 2:11-cv-00545, M.D. Fla.; 2012 U.S. Dist. LEXIS 51402).
PIERRE, S.D. - Finding that shareholders did not show that there were disputed issues of material fact in a case against the directors and officers of a cooperative dairy, South Dakota's high court on April 11 affirmed a lower court's granting of summary judgment to the directors and officers (Veblen District, et al. v. Multi-Community Cooperative Dairy, et al., No. 26097, Sup. S.D.; 2012 S.D. LEXIS 27).
PHILADELPHIA - Approximately 2 million nonbasic cable television customers in the Philadelphia market may proceed to trial against Comcast on the class's Sherman Act Section 1 rule-of-reason claim and certain of its Section 2 monopolization and attempted monopolization claims related to the company's swap agreements, a federal judge in Pennsylvania ruled April 12 (Caroline Behrend, et al. v. Comcast Corporation, et al., No. 03-6604, E.D. Pa.; 2012 U.S. Dist. LEXIS 51889).
WASHINGTON, D.C. - The U.S. Supreme Court agreed April 16 to again address the question of whether a foreign-made work can be resold within the United States without the permission of a copyright holder (Supap Kirtsaeng, d/b/a BlueChristine99 v. John Wiley & Sons Inc., No. 11-697, U.S. Sup.). Subscribers may view the orders list available within the full update.
WILMINGTON, Del. - Bankrupt media organization Tribune Co. on April 15 filed a supplemental brief in the U.S. Bankruptcy Court for the District of Delaware supporting a fourth amended plan of reorganization, contending that issues regarding the allocation of funds to certain Tribune investors, namely the holders of so-called PHONES Notes, have been remedied (In Re: Tribune Company, No. 08-13141, Chapter 11, D. Del. Bkcy.). Subscribers may view the brief available within the full update.
JACKSON, Miss. - A bankruptcy judge in Mississippi on April 11 granted summary judgment to the liquidators of a bankrupt insurer on their dishonest-assistance claims regarding the alleged fraudulent transfer of the insurer's assets and awarded $314,313,191 to the liquidators (In re: Condor Insurance Ltd. (in official liquidation); Richard Fogerty and William Tacon in their cap acity as the joint official liquidators of Condor Insurance Ltd. v. Condor Guaranty Inc., et al, No. 07-51045, Adv. Proc. No. 07-05049, S.D. Miss. Bkcy.; 2012 Bankr. LEXIS 931).
SAN FRANCISCO - Health claims used in the marketing of nutrition bars constitute puffery, except to the extent that they allege the inclusion of more specific "healthy fats," a California federal judge held April 11 in partially denying a motion for summary judgment (Claire Delacruz, et al. v. Cytosport Inc., No. 11-3532, N.D. Calif.). Subscribers may view the opinion available within the full update.
MOBILE, Ala. - A federal judge in Alabama on April 12 granted summary judgment to a bank that sued a company that defaulted on loans the bank acquired via a purchase agreement with the Federal Deposit Insurance Corp., which was the receiver of a bank that initially issued the loans before it failed (Branch Banking and Trust Company v. Imagine CBQ, LLC, et al., No. 11-00168, S.D. Ala.; 2012 U.S. Dist. LEXIS 52172).
BRIDGEPORT, Conn. - A motor manufacturer fails to demonstrate that no genuine issue of material fact exists regarding potential exposure to its products, a Connecticut judge held April 12 (Irene Taska, et al. v. ACMAT Corp., et al., No. CV095024323 S, Conn. Super., Fairfield at Bridgeport).
PHOENIX - An Arizona Court of Appeals panel on April 12 upheld a $30,000 award to a homeowner whose home had structural problems, ruling that the trial court did not err by allowing evidence about other homeowners' negative experiences with the defendant (Jane Hall v. Read Development Inc., No. 1 CA-CV 10-0175, Ariz. App., Div. 1; 2012 Ariz. App. Unpub. LEXIS 455).
WASHINGTON, D.C. - An appeals board did not hold a veteran's widow to a higher standard when concluding that the evidence did not support awarding service connection for the veteran's lung cancer death, an appeals court judge held April 12 (Virginia I. Peck v. Eric K. Shinseki, secretary of Veterans Affairs, No. 11-1667, U.S. App., Vet. Clms.; 2012 U.S. App. Vet. Claims LEXIS 689).
TRENTON, N.J. - New Brunswick, N.J., plaintiffs seeking personal injury damages and medical monitoring from Bristol-Myers Squibb Co. from the U.S. District Court for the District of New Jersey were denied remand in an order entered April 12 (Dyshelle Harris v. Bristol-Myers Squibb Co., et al., No. 11-6004, D. N.J.; 2012 U.S. Dist. LEXIS 51896).
SKOKIE, Ill. - A trial court in Illinois on April 11 placed two insurance companies into liquidation and named the state's insurance director as liquidator (People of the state of Illinois, ex rel. Robert E. Wagner, acting director of insurance of the state of Illinois v. Reassurance Health Inc. and Reassurance Health Insurance Co., No. 11 CH 42396, Ill. Cir., Cook Co.).
MELBOURNE, Victoria - An Australian justice on April 13 granted an application made by a widow who sought damages for her husband's asbestos-related death to extend the limitations period in which she could file her case against the manufacturer of the asbestos-containing products to which he was allegedly exposed (Van Gerven v. Amaca Pty Ltd., $(2012$) VSC 131, Victoria Sup.).
ROCKVILLE, Md. - The Food and Drug Administration on April 11 said it has revised the labels for Propecia and Proscar brand finasteride to warn of reports of libido, ejaculation and orgasm disorders, male infertility and/or poor semen quality even after the drugs are discontinued.
GREENBELT, Md. - A Maryland federal judge on April 10 conditionally certified a class of satellite television installers in a complaint alleging unpaid overtime wages (Jeffrey Butler, et al. v. DirectSat USA, LLC, et al, No. 10-2747, D. Md.; 2012 U.S. Dist. LEXIS 50119).
SAN FRANCISCO - The California Supreme Court on April 12, in a highly anticipated ruling, held that employees suing over meal and rest breaks may proceed with a certified rest break subclass, reversing in part an appellate panel ruling (Brinker Restaurant Corporation, et al. v. The Superior Court of San Diego County, No. S166350, Calif. Sup.). Subscribers may view the opinion available within the full update.
PHILADELPHIA - A Pennsylvania federal judge has denied an injunction based on infringement claims brought by a national seller of frozen sandwich steak and hamburger products against a South Philadelphia pizza shop and corner grocery, saying in an April 11 opinion that the plaintiff had presented no evidence of brand confusion (The Steak Umm Company v. Steak 'Em Up, No. 5:09-cv-2857 E.D. Pa.; 2012 U.S. Dist. LEXIS 51549).
SAN DIEGO - A general liability insurer sufficiently proved a potential for coverage under another insurance policy regarding the settlement of construction defects claims against a mutual insured, a California appeals panel affirmed April 11, also finding that the judge did not abuse his discretion in allocating the amounts of contribution (Axis Surplus Insurance Co. v. Glencoe Insurance Ltd., No. D058963, Calif. App., 4th Dist., Div. 1; 2012 Cal. App. LEXIS 410).
DALLAS - Reddy Ice Holdings Inc., the largest manufacturer and distributor of packaged ice in the United States, filed for Chapter 11 bankruptcy April 12 in the U.S. Bankruptcy Court for the Northern District of Texas, listing liabilities of more than $530 million and assets of $434 million (In Re: Reddy Ice Holdings Inc., No. 12-32349, Chapter 11, N.D. Texas Bkcy.). Subscribers may view the petition and financial declaration available within the full update.
KNOXVILLE, Tenn. - The Tennessee Court of Appeals on April 12 affirmed a $50,000 award in a construction defects action for breach of contract, disagreeing with the plaintiffs' contention that the jury should have awarded them damages on other claims brought in their complaint (Michael L. Johnson, et al. v. Todd Ford, No. E2011-00486-COA-R3-CV, Tenn. App.; 2012 Tenn. App. LEXIS 233).
CHICAGO - A federal judge in Wisconsin did not err in dismissing a retirement system's amended securities class action complaint against MGIC Investment Corp. and others because the retirement system failed to show that the defendants issued any misrepresentations in violation of the federal securities laws, a Seventh Circuit U.S. Court of Appeals panel ruled April 12 (Fulton County Employees' Retirement System v. MGIC Investment Corp., et al., No. 11-1080, 7th Cir.; 2012 U.S. App. LEXIS 7382).
TACOMA, Wash. - A federal judge in Washington on April 11 granted in part and denied in part a motion to dismiss a putative class action brought by a plaintiff who says a bank charged her fees for a credit card payment protection service even though she was ineligible for the program (Denton v. Department Store National Bank, No.10-05830, W.D. Wash.; 2012 U.S. Dist. LEXIS 51106).
WEST PALM BEACH, Fla. - A federal judge in Florida on April 12 dismissed with prejudice a putative class action alleging that a Wells Fargo Bank N.A. subsidiary knowingly participated in a $68 million Ponzi scheme and violated state racketeering laws, finding that the plaintiff did not meet the "relatedness" and "continuity" requirements to state a Florida Civil Remedies for Criminal Practices Act (Florida RICO Act) claim (Horace-Manasse v. Wells Fargo Bank N. A. No. 10-81623, S.D. Fla.; 2012 U.S. Dist. LEXIS 51354).