WILMINGTON, Del. - Officials with the Irish Bank Resolution Corp. (IBRC) Ltd. on Aug. 28 filed a brief supporting the bank's contention that the U.S. Bankruptcy Court should recognize a proceeding in Ireland as a foreign main proceeding a under the Bankruptcy Code (In Re: Irish Bank Resolution Corporation Ltd., No. 13-12159, Chapter 15, D. Del. Bkcy.).
HARRISBURG, Pa. - An insured is entitled to the return of any identified collateral funds or any portion thereof that remained in an insolvent insurer's accounts at the time the liquidator took possession of the assets, the Pennsylvania Commonwealth Court ruled Aug. 27 (Tenco Excavating Inc. v. First Sealord Surety Inc. $(in Liquidation$(, No. 20 FSS 2012, Pa. Cmwlth.; 2013 Pa. Commw. LEXIS 343).
SAN FRANCISCO - Rules governing bar members' conduct cannot form the basis of California unfair competition law (UCL) claims for unlawful conduct, and an insurer fails to tether the challenged conduct to any constitutional, statutory or regulatory provision for its unfair-prong claim, a federal judge held in dismissing the claims with prejudice on Aug. 26 (Travelers Property Casualty Company of America v. Centex Homes, et al., Nos. 13-0088, 12-0371 & 11-3638, N.D. Calif.; 2013 U.S. Dist. LEXIS 121401).
NEW ORLEANS - A Louisiana federal judge on Aug. 26 remanded a breach of health care contract suit to state court, finding that the defendant did not show that the amount in controversy for removal to federal court had been met (Omega Hospital LLC v. Blue Cross Blue Shield of Illinois, No. 13-4891, E.D. La.; 2013 U.S. Dist. LEXIS 12195).
SPOKANE, Wash. - A Native American tribe has settled with the federal government litigation stemming from a February 2011 tobacco raid on its land, according to an Aug. 26 motion to dismiss (Confederated Tribes and Bands of the Yakama Nation v. Eric H. Holder Jr., attorney general of the United States, et al., No. CV-11-3028, E.D. Wash.).
NEWARK, N.J. - Consumers who claim that they paid a premium based on representations about the benefits of probiotics in formula and baby cereals adequately allege injury, but sufficiently alleged causation only in regard to product labeling, not the advertising campaign as a whole, a New Jersey federal judge held Aug. 23 in dismissing California unfair competition law (UCL) and other states' consumer protection law claims (In re: Gerber Probiotic Sales Practices Litigation, No. 12-835, D. N.J.; 2013 U.S. Dist. LEXIS 121192).
BOSTON - A federal judge in Massachusetts on Aug. 27 dismissed a man's lawsuit seeking to enjoin foreclosure on his home after finding that while he was a victim of a foreclosure scheme and was fraudulently induced into obtaining the mortgage loan securing his home, he only had standing to challenge whether the mortgage loan at issue was voidable rather than void (Guy Giuffre v. Deutsche Bank National Trust Co., et al., No. 12-11510-JLT, D. Mass.; 2013 U.S. Dist. LEXIS 121816).
CHICAGO - The Seventh Circuit U.S. Court of Appeals on Aug. 26 upheld a Telephone Consumer Protection Act (TCPA) ruling in favor of a class of faxed ad recipients but vacated the District Court's remedial order finding that a cy pres decision was premature where the case did not end in settlement, is not a common-fund situation and where there is "considerable doubt" that the defendant will be able to pay enough to allow full payment to class members who submit claims (Ira Holtzman, C.P.A. & Associates Limited, et al. v. Gregory P. Turza, Nos. 11-3188 & 11-3746, 7th Cir.; 2013 U.S. App. LEXIS 17811).
CINCINNATI - A federal judge in Ohio did not abuse his discretion in dismissing a shareholder class action lawsuit against a video game maker and others for alleged federal securities law violations because the shareholder failed to properly plead scienter, a Sixth Circuit U.S. Court of Appeals panel ruled Aug. 27 (Bruce E. Ricker v. Zoo Entertainment Inc., et al., No. 12-3951, 6th Cir.).
WASHINGTON, D.C. - The U.S. Supreme Court on Aug. 26 dismissed a petition for writ of certiorari appealing a First Circuit U.S. Court of Appeals ruling in a shareholder derivative lawsuit that sought determination as to whether the Circuit Court abused its discretion in ruling that shareholders had shown that demand on investment funds' boards of directors was futile (UBS Financial Services Inc. of Puerto Rico, et al. v. Union de Empleados de Muelles de Puerto Rico PRSSA Welfare Plan, et al., No. 12-1208, U.S. Sup.).
WILMINGTON, Del. - The U.S. trustee in the Chapter 11 bankruptcy of IPC International Corp. on Aug. 27 filed a brief objecting to the company's plan to pay a $145,000 bonus to IPC's chief financial officer (CFO) for work done before the filing of the bankruptcy petition, which makes it "retentive" in nature, which is a violation of Bankruptcy Code (In Re: IPC International Corporation, No. 13-12050, Chapter 11, D. Del. Bkcy.).
SPRINGFIELD, Mass. - A shareholder told a Massachusetts federal court on Aug. 26 that a motion to dismiss a shareholder derivative lawsuit based on the findings of an allegedly biased special litigation committee should not be granted (Aaron Sarnacki v. Michael F. Golden, et al., No. 11-cv-30009, D. Mass.).
LONDON - The International Centre for Settlement of Investment Disputes (ICSID) on Aug. 27 released its first procedural order in an arbitration filed by a company in relation to a mining dispute with the Republic of Peru, establishing the procedural rules that will govern the case (The Renco Group, Inc. v. Republic of Peru, $(UNCT/13/1$)).
DENVER - A Colorado federal judge on Aug. 26 denied a general contractor's insurer's motion to extend the deadline for designation of nonparties at fault so that the insurer may name additional subcontractors and insurers as nonparties at fault to a construction defects coverage dispute (The Phoenix Insurance Co. and St. Paul Surplus Lines Insurance Co. v. Trinity Universal Insurance Company of Kansas, et al., No. 12-01553, D. Colo.; 2013 U.S. Dist. LEXIS 120931).
TRENTON, N.J. - The New Jersey Superior Court Appellate Division on Aug. 27 affirmed an award to the plaintiff in a construction defect case decided by an arbitrator, finding no error by the trial court in confirming the more than $2 million award (Observer Plaza Condominium Association Inc. v. Observer Highway Plaza LLC, et al., No. A-3151-11T4, N.J. Super., App. Div.; 2013 N.J. Super. Unpub. LEXIS 2120).
LAS VEGAS - A Nevada federal judge on Aug. 23 approved a $410,000 settlement between commercial general liability insurers and an additional insured regarding coverage for an underlying construction defect dispute (Big-D Construction Corp. v. Take It For Granite Too, et al., No. 11-00621, D. Nev.; 2013 U.S. Dist. LEXIS 121865).
SAN FRANCISCO - A California federal judge on Aug. 23 granted preliminary approval of a $280,000 settlement to be paid by Kmart Corp. to end a class complaint by cashiers alleging that they were denied seats at the checkout stands (Colette Delbridge, et al. v. Kmart Corporation, No. 11-2575, N.D. Calif.; 2013 U.S. Dist. LEXIS 120377).
TAMPA, Fla. - A Florida federal judge on Aug. 23 found a statutory damages award of $25,000 to be "a sufficient deterrent against any future wrongful conduct" by a woman found to have willfully shared a copyrighted movie over the Internet (Bait Products Pty Ltd. v. Angelica Murray, No. 8:13-cv-00169, M.D. Fla.; 2013 U.S. Dist. LEXIS 120170).
DETROIT - A group of retirement systems covering employees of the bankrupt City of Detroit on Aug. 27 filed a brief seeking the waiver of a nondisclosure statement they signed pertaining to access to confidential information kept in the city's data room (In Re: City of Detroit, No. 13-53846, Chapter 9, E.D. Mich. Bkcy.).
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Aug. 23 directed Chapter 11 debtor Plant Insulation Co. and insurance companies appealing Plant's confirmed plan of reorganization to provide additional briefing on the insurers' argument that the plan and its injunctions affect their contribution rights (In Re: Plant Insulation Company $(Fireman's Fund Insurance Company, et al., v. Plant Insulation Company, et al., Nos. 12-17466 and 12-17467, 9th Cir.$)).
PHILADELPHIA - A panel of the Third Circuit U.S. Court of Appeals on Aug. 27 affirmed a bankruptcy court's decision that the lifting of the automatic stay was limited in its scope to allow a $47 million award for the creditor but that additional claims against the debtor had to be litigated in bankruptcy court (In Re: ABC Learning Centres Ltd n/k/a ZYX Learning Centres Ltd., No. 12-2808, Chapter 15, 3rd Cir.; 2013 U.S. App. LEXIS 17844).
WASHINGTON, D.C. - A California federal judge did not err in granting a patent defendant summary judgment in a dispute over surgical trocars, the Federal Circuit U.S. Court of Appeals ruled Aug. 27 (Applied Medical Resources Corp. v. Tyco Healthcare Group d/b/a Covidien, No. 12-1412, Fed. Cir.).
EAST ST. LOUIS, Ill. - An Illinois village's lawsuit against ConocoPhillips Co. alleging that the company's Wood River Oil Refinery contaminated land, air and water with benzene and other cancer-causing hydrocarbons in violation of local ordinances is not preempted by a cleanup ordered by the Illinois Environmental Protection Agency (IEPA), an Illinois federal judge held Aug. 26 (Village of Roxana v. Shell Oil Co., et al., No. 3:12-cv-00577, S.D. Ill.; 2013 U.S. Dist. LEXIS 120714).
EAST ST. LOUIS, Ill. - An Illinois federal judge on Aug. 26 dismissed antitrust claims brought by an outpatient surgery center against a health insurance company and a corporation owning multiple hospitals in Illinois, holding that the plaintiff failed to properly show a relevant market (Marion Healthcare v. Southern Illinois Healthcare, et al., No. 12-871, S.D. Ill.; 2013 U.S. Dist. LEXIS 120722).
PASADENA, Calif. - A California federal judge erred in applying the legal certainty standard to a wage-and-hour class complaint when trying to determine if the $5 million amount in controversy threshold under the Class Action Fairness Act (CAFA) was met, the Ninth Circuit U.S. Court of Appeals ruled Aug. 27, vacating an order to remand the suit to state court and ordering that the preponderance of the evidence standard be used (Robert Rodriguez, et al. v. AT&T Mobility Services LLC, No. 13-56149, 9th Cir.; 2013 U.S. App. LEXIS 17851).