WILMINGTON, Del. - Bankrupt Savient Pharmaceuticals Inc. on Feb. 10 filed a plan of liquidation in the U.S. Bankruptcy Court for the District of Delaware under which holders of allowed administrative expense claims, secured claims and tax claims would receive full satisfaction of their claims (In Re: Savient Pharmaceuticals Inc., No. 13-12680, Chapter 11, D. Del. Bkcy.).
SAN FRANCISCO - Three minor league baseball players filed a class complaint on Feb. 7 against the Office of the Commissioner of Baseball and franchises, alleging illegal wage and labor practices (Aaron Senne, et al. v. Office of the Commissioner of Baseball, et al., No. 14-608, N.D. Calif.).
HOUSTON - A Texas federal judge on Feb. 7 determined that a jury did not err in finding that damages sustained as a result of an oil spill in the wake of Hurricane Katrina were sudden and accidental as required by the policy at issue (Cox Operating LLC v. St. Paul Surplus Lines Insurance Co., No. 07-2724, S.D. Texas; 2014 U.S. Dist. LEXIS 15455).
RICHMOND, Va. - A commercial general liability insurer does not need to have caused actual damages to be liable for punitive damages, the Fourth Circuit U.S. Court of Appeals held Feb. 10, reinstating a jury's $12.5 million verdict finding that the insurer acted in bad faith when settling underlying property damage lawsuits against an insured manufacturer (Liberty Mutual Fire Insurance Co. and Employers Insurance of Wausau v. JT Walker Industries Inc., et al., Nos. 12-2256 & 12-2350, 4th Cir.; 2014 U.S. App. LEXIS 2470).
CHICAGO - A federal judge in Chicago on Feb. 6 refused to dismiss claims that the Bank of New York Mellon Corp. breached its fiduciary duties under the Employee Retirement Income Security Act by investing multiemployer pension and welfare funds' assets in notes issued by Lehman Brothers Holding Co. Inc. prior to Lehman's declaring bankruptcy (The International Brotherhood of Teamsters Union Local No. 710 Pension Fund, et al. v. The Bank of New York Mellon Corporation, et al., No. 13-1844, N.D. Ill.; 2014 U.S. Dist. LEXIS 15246).
CHICAGO - The parties in a product liability action involving an allegedly defective hair care product filed a motion in an Illinois federal court on Feb. 7 seeking preliminary approval of a $10,250,000 settlement (Sidney Reid, et al. v. Unilever United States Inc., et al., No. 12-6058, N.D. Ill.).
WASHINGTON, D.C. - Nonprofit financial reform group Better Markets Inc. on Feb. 10 sued the U.S. Department of Justice in the U.S. District Court for the District of Columbia to stop JPMorgan Chase & Co.'s record $15 million settlement with the DOJ for its alleged misrepresentative mortgage-backed securities offerings because the settlement was not reviewed or approved by a court (Better Markets Inc. v. United States Department of Justice, et al., No. 14-0190, D. D.C.).
SAN FRANCISCO - A group of company directors in a shareholder derivative suit told a federal court in California on Feb. 7 that a shareholder has failed to show particularized facts why presuit demand upon the board would have been futile (Ralph Saraceni v. Andrew M. Miller, et al., No. 13-cv-03880, N.D. Calif.).
KANSAS CITY, Mo. - A structural engineer failed to show a connection between his interests and an additional insured's claims against an insurer regarding damage sustained during the installation of backfill, a Missouri federal judge ruled Feb. 7, declining to allow the engineer to intervene (Performing Arts Community Improvement District v. Ace American Insurance Co., No. 13-0945, W.D. Mo.; 2014 U.S. Dist. LEXIS 15302).
LAKE CHARLES, La. - A unanimous Louisiana Third Circuit Court of Appeal panel on Feb. 5 affirmed in part awards of past due payments to royalty interest owners (Jerry J. Suire, et al. v. Oleum Operating Co., No. 13-736, La. App., 3rd Cir.).
CHICAGO - The Seventh Circuit U.S. Court of Appeals on Feb. 6 ruled that a trial court correctly dismissed a mother's wrongful death case brought against a hospital and two doctors based on a lack of subject matter jurisdiction (Caroline Winfield v. Mercy Hospital, et al., No. 13-2719, 7th Cir.; 2014 U.S. App. LEXIS 2277).
NEW BRUNSWICK, N.J. - A man's testimony about the type of work he performed, the conditions at the premises and the owner's control allows for at least a reasonable inference of liability, a New Jersey judge held Feb. 6 (Arthur G. Whelan v. BASF Corp., et al., No. L-7161-12AS, N.J. Super., Middlesex Co.).
NEW YORK - Carolyn Fjord, who represents a class of plaintiffs who opposed the merger of bankrupt American Airlines Inc. and US Airways Group Inc. by filing an adversary complaint in the bankruptcy of American Airlines' parent company, AMR Corp., on Feb. 7 filed a brief in the U.S. Bankruptcy Court for the Southern District of New York, arguing that she should be permitted to file an amended complaint (Carolyn Fjord, et al. v. AMR Corporation, et al. [In Re: AMR Corporation], No. 11-15463, Adv. No. 13-01392, Chapter 11, S.D. N.Y. Bkcy.).
NEW YORK - No "significant exposure" requirement exists for inclusion on the asbestos in-extremis docket, a New York justice held Feb. 5 in allowing a man's claim based on three-days exposure in the state (Marvin Golden v. Alliance Laundry Systems, et al., No. 190160/13, N.Y. Sup., New York Co.).
SAN JOSE, Calif. - A consumer adequately alleges that a computer manufacturer knew or should have known that its power supplies could not support high-performance components but continued to allow consumers to upgrade to such devices, a federal judge held Feb. 5 in allowing California unfair competition law (UCL) claims (David Elias, et al. v. Hewlett-Packard Co., No. 12-421, N.D. Calif.).
SAN FRANCISCO - A deaf rights organization's class action concerning captioning on the website of Cable Network News Inc. (CNN) "targets conduct in furtherance of [the network's] free speech rights and falls within the scope of" California's anti-SLAPP (strategic lawsuit against public participation) statute, a Ninth Circuit U.S. Court of Appeals panel ruled Feb. 5, reversing in part a lower court's judgment (Greater Los Angeles Agency on Deafness Inc., et al. v. Cable News Network Inc., No. 12-15807, 9th Cir.; 2014 U.S. App. LEXIS 2215; 2014 U.S. App. LEXIS 2219).
ROCK ISLAND, Ill. - A federal judge in Illinois on Feb. 5 ruled that where a health plan governed by the Employee Retirement Income Security Act requires a plan participant to reimburse the plan for benefits received from a third-party recovery, the participant was not relieved of his reimbursement obligation by the plan's failure to follow procedures in a document other than the plan's governing document (Plumbers and Pipefitters Local No. 25 Welfare Fund, et al. v. Wes Sedam, No. 12-4114, C.D. Ill.; 2014 U.S. Dist. LEXIS 14436).
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Feb. 10 said it agreed to an en banc rehearing of a panel ruling that a petition to coordinate Darvon/Darvocet/propoxyphene cases in California state court is not a request for a joint trial that triggers removal to federal court under the Class Action Fairness Act (CAFA) (Judith Romo, et al. v. Teva Pharmaceuticals USA, Inc., No. 13-56310, Margalit Corber, et al. v. Xanodyne Pharmaceuticals, Inc., No. 13-56306, 9th Cir.).
ATLANTA - A panel of the 11th Circuit U.S. Court of Appeals on Feb. 10 affirmed a lower court's ruling that granted summary judgment to a company a debtor had sued for discrimination, saying the debtor failed to list the lawsuit in her bankruptcy schedules and received a full discharge of her debts (Marcia T. Dunn v. Advanced Medical Specialties Inc., No. 12-11152, Chapter 7, 11th Cir.).
EDMONTON, Alberta - A Canadian commission on Feb. 5 found that new medical evidence submitted by an estate on the relationship between a worker's carcinoma and his asbestos exposure should be reviewed by a pulmonary specialist before a decision in the case is made (Docket No. AC0234-12-23, Decision No. 2013-0091, Alberta Wrks. Comp. App. Comm.).
NASHVILLE, Tenn. - A federal judge in Tennessee on Feb. 7 denied a motion to remand a suit arising from a failed bank's alleged breach of contract, finding that the suit does not meet the "state law exception" (I & M.J. Gross Co., et al. v. Federal Deposit Insurance Corp., et al., No. 13-0151, M.D. Tenn.; 2014 U.S. Dist. LEXIS 15616).
SEATTLE - Concluding that the underlying claims at issue were based on the breach of a licensing agreement, a Washington federal judge on Feb. 5 found that a manufacturer's insurer properly declined to provide a defense in that case based on policy exclusions (X2 Biosystems Inc. v. Federal Insurance Co., No. 2:13-cv-01653, W.D. Wash.; 2014 U.S. Dist. LEXIS 14363).
HONOLULU - A Hawaii federal judge on Feb. 6 refused to transfer an insurer's coverage action regarding its duty to defend and indemnify an underlying construction defect case to a California federal court (Arrowood Surplus Lines Insurance Co. v. Paul Ryan Associates Inc. and North American Capacity Insurance Co., No. 13-00505, D. Hawaii; 2014 U.S. Dist. LEXIS 15388).
DETROIT - Efforts by Quicken Loans Inc. to bar a provider of biweekly mortgage payments from using the "Quicken Loans" trademark in solicitation letters were successful Feb. 7, when a Michigan federal judge agreed to enter a preliminary injunction in the dispute (Quicken Loans Inc. v. Nationwide Biweekly Administration Inc., No. 13-13431, E.D. Mich.).