TRENTON, N.J. - New Jersey's pro-rata approach to allocation of coverage among triggered insurers should be applied to claims submitted to an insolvent insurer's liquidator, a New Jersey appeals panel held Aug. 23 (In the matter of the liquidation of Integrity Insurance Co./Mine Safety Appliances Co., No. A-5191-10T1, N.J. Super., App. Div.; 2012 N.J. Super. LEXIS 144).
CINCINNATI - The Sixth Circuit U.S. Court of Appeals on Aug. 23 affirmed the dismissal as untimely of eight retirees' claims that they did not receive the full value of their accrued benefits following a cash-balance conversion but reversed the dismissal of a ninth retiree's claims for a determination as to whether the plan reduced the retiree's accrued benefit in violation of the Employee Retirement Income Security Act, 29 U.S.C.S. § 1001 et seq., (Robert H. Fallin, et al. v. Commonwealth Industries, Inc. Cash Balance Plan, et al., No. 09-5139, 6th Cir.; 2012 U.S. App. LEXIS 17852).
LAS VEGAS - Although two copyright infringement plaintiffs are likely to succeed on the merits of their claim, a Nevada federal judge on Aug. 27 nonetheless refused to enter a preliminary injunction in the case because the plaintiffs failed to demonstrate the element of irreparable harm (InstantCert.com LLC et al. v. Advanced Online Learning LLC, No. 11-1833, D. Nev.; 2012 U.S. Dist. LEXIS 121103).
PHOENIX - The timing of the registration of a disputed Internet domain, as well as its subsequent transfer, preclude a finding of liability under the Anticybersquatting Consumer Protection Act (ACPA), an Arizona federal judge ruled Aug. 24 (AIRFX.com, et al. v. AirFX LLC, No. 2:11-cv-01064, D. Ariz.; 2012 U.S. Dist. LEXIS 120285).
SAN FRANCISCO - Citing her ruling in seven related lawsuits, a federal judge in California on Aug. 23 denied a motion to stay proceedings in a securities class action lawsuit against Facebook Inc. and an underwriter of its initial public offering (IPO) and denied shareholders' motion to remand (Kevin Hicks, et al. v. Facebook Inc., et al., No. 12-3353, N.D. Calif.).
WARREN, Ohio - An Ohio appeals panel on Aug. 27 affirmed the dismissal of a construction defects case filed by a condominium owners association, agreeing that the claims were time-barred (Oaktree Condominium Association Inc. v. Hallmark Building Co., No. 2012-L-011, Ohio App., 11th Dist.; 2012 Ohio App. LEXIS 3432).
NEW YORK - A reinsurer told a New York federal court on Aug. 24 that an insurer is attempting to arbitrate a dispute that has already been arbitrated and awarded (In the Matter of the Arbitration between OneBeacon America Insurance Co. v. Swiss Reinsurance America Corp., No. 12-cv-05043, S.D. N.Y.). View related prior history, 2010 U.S. Dist. LEXIS 136039.
NEW YORK - A group of homeowners who had mortgages with bankrupt Residential Capital LLC on Aug. 24 moved in the U.S. Bankruptcy Court for the Southern District of New York for the appointment of an Official Committee of Borrowers to represent their interests (In Re: Residential Capital LLC, No. 12-12020, Chapter 11, S.D. N.Y. Bkcy.). Subscribers may view the motion available within the full Mealey's article.
DETROIT - The U.S. trustee in the Chapter 11 bankruptcy proceeding of Capitol Bancorp Ltd. on Aug. 27 filed his brief in the U.S. Bankruptcy Court for the Eastern District of Michigan objecting to Capitol's request that he defer the creditors' meeting and refrain from appointing a statutory committee (In Re: Capitol Bancorp Ltd., No. 12-58409, Chapter 11, E.D. Mich. Bkcy.). Subscribers may view the brief available within the full Mealey's article.
NEW YORK - The federal bankruptcy judge presiding over the Chapter 11 proceeding of Getty Petroleum Marketing Inc. (GPMI) on Aug. 24 approved its Chapter 11 plan, ruling that it meets all the requirements under 11 U.S. Code Section 1129 (In Re: Getty Petroleum Marketing Inc., No. 11-15606, Chapter 11, S.D. N.Y. Bkcy.). Subscribers may view the findings of fact available within the complete Mealey's acticle.
SACRAMENTO, Calif. - A resident of the City of Stockton, Calif., on Aug. 27 moved in the U.S. Bankruptcy Court for the Eastern District of California for relief from the automatic stay in the city's Chapter 9 bankruptcy proceeding to pursue a state court action filed against the city before the bankruptcy filing (In Re: City of Stockton, California, No. 12-32118, Chapter 9, E.D. Calif. Bkcy.). Subscribers may view the motion available within the full Mealey's article.
NEW YORK - The Second U.S. Court of Appeals on Aug. 24 found that a New York federal court did not err when it dismissed an Israeli company's petition to confirm a $10,360,143 arbitration award issued in its favor and against the Republic of Bulgaria, finding that the parties agreed that the exclusive forum for hearing disputes in relation to the award was Bulgaria (Zeevi Holdings Ltd. v. Republic of Bulgaria, No. 11-1705-cv, 2nd Cir.; 2012 U.S. App. LEXIS 17928).
WASHINGTON, D.C. - Four defendants were properly dismissed from a patent infringement action based on insufficient contacts with the plaintiff's chosen forum state of Wyoming, the Federal Circuit U.S. Court of Appeals affirmed Aug. 24 (AFTG-TG LLC and Phillip M. Adams & Associates v. Pegatron Corp. et al., No. 11-1306, Fed. Cir.; 2012 U.S. App. LEXIS 18030).
WASHINGTON, D.C. - Efforts by a series of drug makers to overturn a Delaware judge's determination that a patent is not invalid for obviousness-type double patenting (OTDP) failed Aug. 24, when the Federal Circuit U.S. Court of Appeals instead affirmed the finding (Eli Lilly and Company et al. v. Teva Parenteral Medicines Inc. et al., Nos. 11-1461, 1562, Fed. Cir.).
SAN JOSE, Calif. - A California federal judge on Aug. 24 certified a class of approximately 10,000 Wal-Mart Stores Inc. employees in that state in an action alleging that the company violated state law by not providing seats for cashiers (Nisha Brown, et al., v. Wal-Mart Stores, Inc., No. 5:09-cv-03339, N.D. Calif.; 2012 U.S. Dist. LEXIS 120733).
DENVER - In a suit in which a corporation alleges that illegal transfers happened in its bank account, a federal judge in Colorado on Aug. 24 granted the motion to dismiss filed by the since-failed bank's receiver, the Federal Deposit Insurance Corp., ruling that the court lacks subject matter jurisdiction over the claims (Vortek Instruments LLC v. Firstier Bank Inc., et al., No. 11-02932, D. Colo.; 2012 U.S. Dist. LEXIS 121134).
ST. LOUIS - An Eighth Circuit U.S. Court of Appeals panel on Aug. 27 affirmed the dismissal of a Minnesota couple's class action lawsuit against Bank of America N.A., its loan servicing arm BAC Home Loans Servicing LP and a law firm, after finding that Minnesota law bars their "show me the note" theory of liability (William Butler, et al. v . Bank of America, N.A., et al., No. 11-2653, 8th Cir.; 2012 U.S. App. LEXIS 18101). View related prior history, 2012 U.S. App. LEXIS 18101.
HONOLULU - A panel of the Ninth Circuit U.S. Court of Appeals on Aug. 23 agreed to decide what evidence should be considered in determining whether removal of an asbestos action was proper under federal rules (Douglas P. Leite and Mary Ann K. Leite v. Crane Co., et al. No. 12-80124, 9th Cir.).
NEW YORK - Finding no error or abuse of discretion in a New York federal judge's determination that a defendant does not qualify as a "cable system" under Section 111 of the Copyright Act, 17 U.S.C.S. §§ 101-810, the Second Circuit U.S. Court of Appeals on Aug. 27 upheld a preliminary injunction entered in the case (WPIX Inc. et al. v. ivi Inc., No. 11-788, 2nd Cir.). View related prior history, 2011 U.S. Dist. LEXIS 43582.
NEW ORLEANS - A Louisiana federal judge on Aug. 24 dismissed a lawsuit alleging that an insurer aided and abetted a breach of fiduciary duty after the parties reached a settlement (Versai Management Corporation, et al. v. Progressive Casualty Insurance Company, No. 11-2717, E.D. La.). View related prior history, 2012 U.S. Dist. LEXIS 46757.
LONDON - The United Kingdom Health and Safety Executive (HSE) on Aug. 24 announced that an English crown court fined two companies for potentially exposing tenants to asbestos at a mill.
BOSTON - Citing "ample evidence of willfulness and the need for deterrence" in an Internet file-sharing case, a Massachusetts federal judge on Aug. 23 allowed a $675,000 copyright infringement verdict against a peer-to-peer network (P2P) user, which had been reinstated by the First Circuit U.S. Court of Appeals, to stand (Sony BMG Music Entertainment, et al. v. Joel Tenenbaum, No. 1:07-cv-11446, D. Mass.; 2012 U.S. Dist. LEXIS 119243).
SAN FRANCISCO - After three days of deliberations, a California federal jury on Aug. 24 awarded Apple Inc. $1,049,343,540 in its high-stakes lawsuit with Samsung Electronics Co. Ltd., deeming the software giant's patents both valid and infringed (Apple Inc. v. Samsung Electronics Co. Ltd., No. 11-1846, N.D. Calif.).
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NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Aug. 24 reversed a lower federal court's ruling against an insurer after the Texas Supreme Court, in response to two certified questions, found that underlying claims against an organ donation charity insured do not trigger the insurer's duty to defend under a medical professional and general liability insurance policy's "personal injury" and "property damage" provisions (Evanston Insurance Company v. Legacy of Life Inc., No. 10-50267, 5th Cir.; 2012 U.S. App. LEXIS 17939).