SAN FRANCISCO - In a majority ruling, Ninth Circuit U.S. Court of Appeals on July 16 reversed a ruling that dismissed claims for violation of various federal statutes asserted by homeowners, finding that their claims were not time-barred and that their claim for violation of the Truth in Lending Act (TILA) could proceed (David Merritt, et al. v. Countrywide Financial Corp., et al., No. 09-17678, 9th Cir.; 2014 U.S. App. LEXIS 13532).
ATLANTA - The Georgia Court of Appeals on July 16 determined that a trial court erred in reversing a jury verdict in favor of insureds seeking coverage for water and mold damages because the evidence supported the jury's verdict (Jennifer and Lee Henderson v. Georgia Farm Bureau Mutual Insurance Co., No. A14A0242, Ga. App.; 2014 Ga. App. LEXIS 539).
WILLIAMSPORT, Pa. - A Pennsylvania federal judge on July 17 dismissed warranty claims filed by one of three named plaintiffs in a multidistrict litigation over the power and capacity of vacuums but allowed the other claims of the remaining two named plaintiffs to proceed, along with the consumer fraud claims filed by all three plaintiffs (In Re: Shop-Vac Marketing and Sales Practices Litigation, No. 12-2380, M.D. Pa.; 2014 U.S. Dist. LEXIS 98075).
OKLAHOMA CITY - Cox Communications Inc. waived any right to demand arbitration of class claims that Cox tied access to its premium cable services to rental of a set-top box, a federal judge in Oklahoma ruled July 18, noting that Cox did not file its motion to compel arbitration until five months prior to trial in a case that has been litigated for five years (In re: Cox Enterprises, Inc. Set-Top Cable Television Box Antitrust Litigation, No. 12-MDL-2048-C, W.D. Okla.; 2014 U.S. Dist. LEXIS 98142).
PORTLAND, Ore. - The Ninth Circuit U.S. Court of Appeals on July 18 affirmed a lower federal court's ruling that an underlying complaint contained allegations of "real estate services" related to the sale of property and, therefore, were sufficient to trigger an insurer's duty to defend under a real estate errors and omission insurance policy (Greenwich Insurance Co. v. Sharon Bankofier, et al., No. 13-35127, 9th Cir.; 2014 U.S. App. LEXIS 13770).
RENO, Nev. - A Nevada woman on July 18 sued her health insurer in federal court for allegedly wrongfully denying benefits related to her transportation by air ambulance (Mary Hubbard v. Aetna Life Insurance Co., No. 14-380, D. Nev.).
ST. LOUIS - Two former professional football players filed a class complaint in Missouri federal court July 17 accusing the National Football League Players Association (NFLPA) and NFLPA officials of actively concealing the long-term damage to players caused by concussions (Christian Ballard, et al. v. National Football League Players Association, et al., No. 14-1267, E.D. Mo.).
CHICAGO - An Illinois federal judge on July 18 held that the secretary of Health and Human Services acted in an arbitrary and capricious manner in dismissing and refusing to reinstate a hospital's administrative appeal in a Medicare reimbursement dispute (The University of Chicago Medical Center v. Kathleen Sebelius, No. 13-4742, N.D. Ill.; 2014 U.S. Dist. LEXIS 97606).
SAN ANTONIO - A Texas federal judge on July 18 granted a motion for summary judgment by Amazon.com Inc. and two other defendants in a suit alleging that they infringed a copyrighted musical work (Herman Leon Brickey v. Amazon.com Inc. et al., No. 13-961, W.D. Texas.).
BALTIMORE - A federal judge in Maryland on July 16 dismissed claims brought by a group of residents claiming that the city and mayor of Baltimore and the developers of the Horseshoe Casino violated the Resource Conservation and Recovery Act (RCRA), finding that the plaintiffs failed to sate claims under the statute (Ruth Sherrill v. Mayor and City Council of Baltimore, et al., No. RDB-13-2768, D. Md.; 2014 U.S. Dist. LEXIS 96512).
DETROIT - Because a collapse was due to a defective design, and not due to one of the listed perils providing for an exception to the collapse exclusion, coverage is not available under a business owners insurance policy, a Michigan federal judge found July 18 (Joy Tabernacle-The New Testament Church v. State Farm Fire and Casualty Co., No. 13-11650, E.D. Mich.; 2014 U.S. Dist. LEXIS 97478).
WASHINGTON, D.C. - Review by the International Trade Commission of an administrative law judge's (ALJ) denial of a motion to terminate enforcement proceedings in a dispute over dental alignment patents was not procedurally sound, the Federal Circuit U.S. Court of Appeals ruled July 18 (Align Technology Inc. v. International Trade Commission, et al., Nos. 13-1240, -1363, Fed. Cir.).
CINCINNATI - A panel of the Sixth Circuit U.S. Court of Appeals held July 16 that a health care provider can bring a claim under Medicare Secondary Payer Act's private cause of action against a non-group health plan that denies coverage for a reason other than Medicare eligibility (Michigan Spine and Brain Surgeons v. State Farm Mutual Automobile Insurance Co., No. 13-2430, 6th Cir.; 2014 U.S. App. LEXIS 13499).
DES MOINES, Iowa - The Iowa Supreme Court on July 18 upheld a trial court's rejection of a class complaint alleging that the state unlawfully discriminates against black job applicants (Linda Pippen, et al. v. The State of Iowa, et al., No. 12-0913, Iowa Sup.; 2014 Iowa Sup. LEXIS 82).
WILMINGTON, Del. - A Delaware federal bankruptcy judge on July 18 confirmed a Chapter 11 plan of reorganization for Overseas Shipholding Group Inc. (OSG) under which personal injury claims, including asbestos claims, will be unimpaired and remain assertable against the reorganized company (In Re: Overseas Shipholding Group, Inc., No. 12-20000, Chapter 11, D. Del. Bkcy.).
TOPEKA, Kan. - A class of Kansas cigarette purchasers has failed to show that the major tobacco manufacturers conspired to fix wholesale prices for cigarettes, the Kansas Court of Appeals ruled July 18 (Daric Smith, et al. v. Philip Morris Companies Inc., et al., No. 108,491, Kan. App.).
WASHINGTON, D.C. - MiniFrame Ltd. asked the U.S. Supreme Court on July 16 to review the Second Circuit U.S. Court of Appeals' ruling that the software maker failed to sufficiently allege that Microsoft Corp. violated Section 2 of the Sherman Act by restricting its Windows 2007 license to a single user and in pricing its multiuser software (MiniFrame Ltd. v. Microsoft Corporation, No. 14-60, U.S. Sup.).
PENSACOLA, Fla. - A Florida state court jury on July 18 ordered R.J. Reynolds Tobacco Co. to pay more than $23.6 billion in punitive damages to the family of a man who alleged that his death from lung cancer was caused by smoking (Cynthia Robinson, et al. v. R.J. Reynolds Tobacco Co., et al., No. 2008-CA-98, Fla. 1st Cir., Escambia Co.).
WASHINGTON, D.C. - Closely held companies terminating insurance coverage for contraceptive services mid-plan for religious reasons in light of Burwell v. Hobby Lobby, and subject to Employee Retirement Income Security Act (ERISA) regulations, must notify participants and beneficiaries of the change, the U.S. Department of Health and Human Services (HHS) confirmed July 17 in a "frequently asked question."
PENSACOLA, Fla. - A Florida state court jury July 17 awarded $16.8 million to the family of a man who alleged that his death from lung cancer was caused by smoking (Cynthia Robinson, et al. v. R.J. Reynolds Tobacco Co., et al., No. 2008-CA-98, Fla. 1st Cir. Court, Escambia Co.).
NEW YORK - Without providing further opinion, a federal judge in New York on July 15 granted in part and denied in part a motion to dismiss filed by Goldman Sachs & Co. and others in a securities class action lawsuit regarding Goldman's alleged misrepresentations pertaining to the financial condition of one of its subsidiaries (NECA-IBEW Health & Welfare Fund v. Goldman Sachs & Co., et al., No. 08-10783, S.D. N.Y.).
NEW YORK - A federal district court judge did not err in dismissing a shareholder class action lawsuit against Deutsche Bank AG and certain of its subsidiaries and others because the lead plaintiffs in the action failed to state a claim for relief, a Second Circuit U.S. Court of Appeals panel ruled July 16 in a summary order (Norbert G. Kaess, et al. v. Deutsche Bank AG, et al., No. 13-2364, 2nd Cir.).