MINNEAPOLIS - Royal Tire Inc., a commercial and retail tire company, will pay $182,500 and be subject to end a gender discrimination lawsuit filed by the Equal Employment Opportunity Commission in the U.S. District Court for the District of Minnesota, the EEOC announced Aug. 4 (Equal Employment Opportunity Commission, et al. v. Royal Tire, Inc., No. 13-1516, D. Minn.).
KANSAS CITY, Kan. - A Kansas federal judge on Aug. 5 held that a state law prohibiting subrogation clauses in health insurance contracts is preempted by the Federal Employees Health Benefit Act (FEHBA) (Lee Ann Helfrich v. Blue Cross Blue Shield Association, et al., No. 13-2620, D. Kan.; 2014 U.S. Dist. LEXIS 107126).
CHICAGO - A former Wal-Mart assistant manager failed to prove that her firing was due to gender bias and retaliation, the Seventh Circuit U.S. Court of Appeals ruled Aug. 4, upholding a trial court's opinion (Erika M. Langenbach v. Wal-Mart Stores, Inc., No. 14-1022, 7th Cir.; 2014 U.S. App. LEXIS 14991).
NEW YORK - General Motors LLC (New GM) filed two motions in the U.S. Bankruptcy Court for the Southern District of New York on Aug. 1 seeking to invoke the bankruptcy shield against suits alleging injuries suffered in accidents that occurred before its purchase of the assets of the bankrupt General Motors Corp. (Old GM) and economic losses related to vehicles or auto parts manufactured by Old GM (In re: Chapter 11 Motors Liquidation Co., et al., f/k/a General Motors Corp., et al., No. 09-50026, S.D. N.Y. Bkcy.).
RENO, Nev. - The date on which property damage from an insured's alleged construction defects occurred is not ascertainable from an underlying lawsuit, a Nevada federal judge ruled Aug. 5, denying summary judgment to insurers in an equitable contribution lawsuit filed by an insurer that defended the underlying lawsuit (National Fire & Marine Insurance Co. v. Redland Insurance Co., et al., No. 13-00144, D. Nev.; 2014 U.S. Dist. LEXIS 107382).
CHARLOTTE, N.C. - At the direction of a federal judge, the North Carolina federal bankruptcy judge overseeing the Chapter 11 case of Garlock Sealing Technologies LLC on Aug. 1 established a protocol for allowing public access to sealed documents and testimony from Garlock's asbestos liability hearing (In re: Garlock Sealing Technologies, LLC, No. 10-31607, W.D. N.C. Bkcy.).
PHILADELPHIA - Three former players for the Arizona Cardinals filed notice with the U.S. District Court for the Eastern District of Pennsylvania Aug. 5 of their intent to appeal the preliminary approval of a class settlement of brain-injury actions against the National Football League (In re National Football League Players' Concussion Litigation, No. 12-2323, E.D. Pa.).
SACRAMENTO, Calif. - Professional in-home caregivers trained and employed by a health care agency cannot recover for injuries inflicted by Alzheimer's disease patients during the course of their care, the California Supreme Court ruled 5-2 on Aug. 4 (Carolyn Gregory v. Lorraine Cott, et al., No. S209125, Calif. Sup.; 2014 Cal. LEXIS 5460).
DETROIT - In denying a motion for reconsideration filed by two disability insurers, a Michigan federal judge on Aug. 1 reiterated that the policy provision referring to a claimant's occupational duties is ambiguous and must be interpreted in favor of the disability claimant (Louis Leonor v. Provident Life and Accident Co. et al., No. 12-15343, E.D. Mich.; 2014 U.S. Dist. LEXIS 105217).
HARRISBURG, Pa. - Pennsylvania State Rep. Greg Vitali on Aug. 4 introduced a bill that would protect state forest land from hydraulic fracturing.
CHICAGO - Plaintiffs' leadership was appointed Aug. 1 in the testosterone replacement therapy multidistrict litigation, ending a competition that saw dueling nominations (In Re: Testosterone Replacement Therapy Products Liability Litigation, MDL Docket No. 2545, No. 1:14-1748, N.D. Ill.).
ORLANDO, Fla. - Five corporate plaintiffs may proceed with their request for a declaratory judgment of patent invalidity because a sufficient controversy exists between them and a defendant, a Florida federal judge ruled Aug. 4 (Industrial Engineering and Development Inc., et al. v. Static Control Components Inc., No. 12-691, M.D. Fla.).
HOUSTON - In their petition for mandamus seeking relief from a trial court's discovery and sanctions rulings, the relators failed to establish that a truck driver's medical history fell outside the scope of discovery because his medical history may be germane to a negligence claim, a Texas appeals panel found July 31, denying the petition (In Re Finn Kristensen, et al., No. 14-14-00448-cv, Texas App., 14th Dist.; 2014 Tex. App. LEXIS 8404).
WASHINGTON, D.C. - A U.S. Court of Federal Claims judge on July 31 dismissed a claim filed by government employees who are seeking overtime pay for the salaried workers who worked during the 2013 government shutdown; however, the judge declined to dismiss a claim seeking overtime for hourly workers as well as a claim alleging that a delay in pay for both salaried and hourly workers who worked during the shutdown violated the Fair Labor Standards Act (FLSA) (Donald Martin Jr., et al. v. The United States, No. 13-834C, Fed. Clms.; 2014 U.S. Claims LEXIS 723).
HONOLULU - After finding that a property owner sufficiently alleged her claim that banks and others violated Hawaii law, the Ninth Circuit U.S. Court of Appeals on Aug. 4 reversed a decision dismissing the claim and remanded the case for further proceedings (Watoshina Lynn Compton v. Countrywide Financial Corp., et al., No. 11-17158, 9th Cir.; 2014 U.S. App. LEXIS 14977).
NEW YORK - American International Group Inc. (AIG) has agreed to pay $970.5 million to settle claims in a federal lawsuit in New York that it and several of its senior officers and directors misled investors as to AIG's exposure to the subprime mortgage lending crisis of 2008, according to a press release issued Aug. 4 (In re American International Group, Inc. 2008 Securities Litigation, No. 08-4772, S.D. N.Y.; 2013 U.S. Dist. LEXIS 60185).
TORONTO - An energy corporation that is still seeking to enforce a $118 million arbitration award that was issued in its favor and against the Kyrgyz Republic on Aug. 5 said a Bishkek court has issued a ruling that annulled mining licenses that are related to the dispute.
DENVER - A federal judge in Colorado on Aug. 1 ruled that a company that rents equipment used in oilfield exploration and hydraulic fracturing had a valid claim against oil and gas companies under the Colorado Uniform Fraudulent Transfer Act (CUFTA) in connection with an allegedly fraudulent sales transaction involving tanks used in the drilling process (Atigun Inc. v. Premier Oilfield Equipment Company, et al., No. 13-02219, D. Colo.; 2014 U.S. Dist. LEXIS 105345).
MANCHESTER, N.H. - A New Hampshire federal judge on Aug. 4 dismissed a copyright dispute over medical illustrations used in a diagnostic medical sonography (DMS) program, on grounds that jurisdiction is lacking over a defendant (Bernard E. Bulwer v. Massachusetts College of Pharmacy and Health Science, No. 13-521, D. N.H.).
CORPUS CHRISTI, Texas - An insurer owes no coverage to its insured for an oil leak from the insured's storage tank because the leak did not arise out of the use of the tanker truck that unloaded the oil into the storage tank, the 13th District Texas Court of Appeals said July 31 (Superior Crude Gathering Inc. v. Zurich American Insurance Co., No. 13-13-00235, Texas App., 13th Dist.; 2014 Tex. App. LEXIS 8247).
ST. PAUL, Minn. - A trial court correctly relied on an in camera review of the field performance records of a drug-detection dog in finding a man guilty of drug-related offenses, an Eighth Circuit U.S. Court of Appeals panel ruled July 31, also finding no error in the court's decision to not furnish the records to the defendant (United States of America v. Alexis Salgado, No. 13-2480, 8th Cir.; 2014 U.S. App. LEXIS 14633).
ST. LOUIS - A Missouri federal judge on Aug. 4 granted an employer's motion for judgment on the pleadings with regard to current and former employees' wage claims filed under Kentucky and Michigan state laws (Penny Davenport, et al. v. Charter Communications, LLC, No. 12-7, E.D. Mo.; 2014 U.S. Dist. LEXIS 106343).
NASHVILLE, Tenn. - Community Health Systems Inc. has agreed to pay $98 million to settle seven cases accusing the hospital chain of submitting false claims to Medicare and Medicaid, according to an Aug. 4 announcement by the U.S. Department of Justice.
PHILADELPHIA - A retail sales manager who retired after being assigned to a sales territory he felt was inferior failed to prove that his reassignment was due to racial discrimination, the Third Circuit U.S. Court of Appeals ruled Aug. 4 upholding the trial court's decision (Reginald Fenter v. Mondelez Global, LLC, No. 12-4552, 3rd Cir.; 2014 U.S. App. LEXIS 14933).
SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on Aug. 4 said a district judge erred by remanding a fentanyl wrongful death case sua sponte to state court, finding that the one-year federal court removal requirement is procedural rather than jurisdictional and noting that the plaintiffs waived their right to object to the removal (Andrew Smith, et al. v. Mylan Inc., et al., No. 12-56028, 9th Cir.; 2014 U.S. App. LEXIS 14978).