DENVER - A petition challenging a 2011 rule from the U.S. Environmental Protection Agency requiring Utah to revise the unavoidable breakdown rule (UBR) in its state implementation program (SIP) for emissions was denied Aug. 6 by a 10th Circuit U.S. Court of Appeals panel, which found that the agency did not act arbitrarily or capriciously in requiring the change (U.S. Magnesium LLC v. U.S. Environmental Protection Agency, No. 11-9533, 10th Cir.; 2012 U.S. App. LEXIS 16334).
TAMPA, Fla. - A company that supplies karaoke compact disks need not name a karaoke operator to sustain claims of vicarious infringement and unfair competition and trade practices against the restaurant that hired the operator, a Florida federal judge said Aug. 3, denying a motion to dismiss (Slep-Tone Entertainment Corporation v. Il Mio Sogno, LLC, No. 8:12-cv-1187-T-30EAJ, M.D. Fla.; 2012 U.S. Dist. LEXIS 108702).
PHILADELPHIA - The Third U.S. Circuit Court of Appeals on Aug. 3 affirmed a defense verdict in a wrongful death action filed by the widow of a Vietnam War veteran who died after being treated at a government medical facility, agreeing that the defendants satisfied the standard of care provided to the patient (Marie Keating, et al. v. Coatesville Veterans Administration Medical Center, et al., No. 11-4397, 3rd Cir.; 2012 U.S. App. LEXIS 16137).
CHICAGO - JPMorgan Chase Bank N.A. filed a brief in the U.S. Bankruptcy Court for the Northern District of Illinois on Aug. 6 opposing a motion by the trustee in the Chapter 7 bankruptcy of Peregrine Financial Group Inc., arguing that the trustee should not be granted broad subpoena power in his investigation of financial institutions that did business with Peregrine before its bankruptcy (In Re: Peregrine Financial Group Inc., No. 12-27488, Chapter 7, N.D. Ill. Bkcy.). Subscribers may view the brief available within the full article.
ALEXANDRIA, Va. - The purported owners of two domains identified in an in rem trademark and cybersquatting complaint saw their affirmative defenses tossed by a Virginia federal judge on Aug. 3 for failure to first file a statement of interest related to the domains at issue (Bright Imperial Ltd. v. RT Media Solutions, S.R.O., et al., No. 1:11-cv-00935, E.D. Va.).
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Aug. 3 found that a lower federal court did not abuse its discretion in granting a real estate developer relief under Federal Rule 60(b) of Civil Procedure, affirming the lower court's decision to reinstate the developer's professional negligence claim against its insurance agent in a Hurricane Katrina coverage dispute (Lowry Development LLC v. Groves & Associates Insurance Inc., No. 11-60670, 5th Cir.; 2012 U.S. App. LEXIS 16136).
DETRIOT - SAAB Automobiles AB and its Dutch owner, Spyker NV, on Aug. 6 sued General Motors Co. in the U.S. District Court for the Eastern District of Michigan, seeking $3 billion in damages for allegations that GM took actions that "had the direct and intended" result of driving Saab into Chapter 11 bankruptcy (SAAB Automobiles AB, et al. v. General Motors Company, No. 12-13432, E.D. Mich.).
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DENVER - A federal judge in Colorado on Aug. 2 granted Target National Bank N.A.'s motion to dismiss a suit alleging that the bank's credit card interest rates violated the National Banking Act 12 U.S.C.S. § 85, (Marie T. Giannangeli v. Target National Bank N.A., No. 11-02154, D. Colo.; 2012 U.S. Dist. LEXIS 108268).
NEW YORK - A New York federal judge on Aug. 1 certified a class of more than 100 pizzeria workers in a lawsuit alleging that the business failed to pay employees overtime or minimum wages and did not maintain adequate employment records (Marcel Mendez v. Pizza on Stone, LLC (d/b/a Adrianne's Pizza Bar) No. 11-6316, S.D. N.Y.; 2012 U.S. Dist. LEXIS 108605).
TRENTON, N.J. - New Jersey's Workers' Compensation Act precludes an injured worker from filing common-law claims against his employer's compensation provider, a New Jersey Supreme Court majority ruled Aug. 1, affirming dismissal of the worker's claims (Wade Stancil v. ACE USA, No. 1-112 September Term 2010, 067640, N.J. Sup.; 2012 N.J. LEXIS 823).
ST. LOUIS - A woman who says she was forced to leave her job with the U.S. Air Force due to constant discrimination based on her sex and religion has pleaded a prima facie case for her hostile work environment claims, a Missouri federal judge held Aug. 2 (Susan Sandler v. Michael B. Donley, Secretary, Department of the Air Force, No. 4:11-cv-1119, E.D. Mo.; 2012 U.S. Dist. LEXIS 108000).
SAN ANTONIO - A Texas Court of Appeals panel on Aug. 1 overturned a trial court decision to deny a motion to dismiss wrongful death claims brought against a medical center, ruling that the plaintiffs failed to file a required expert report (Fort Duncan Medical Center v. Edwin Martin, et al., No. 04-11-00897-CV, Texas App., 4th Dist.; 2012 Tex. App. LEXIS 6300).
ST. LOUIS - A panel of the Eighth Circuit U.S. Court of Appeals on Aug. 3 reversed and remanded a bankruptcy court's ruling that denied an insurer its right to recoupment and concluded that the bankruptcy court had improperly applied a "balancing of equities" test to make its decision (Joseph Warren Terry v. Standard Insurance Coumpany [In Re: Joseph Warren Terry], No. 11-2582, Chapter 7; 2012 U.S. App. LEXIS 16095).
NEW ORLEANS - A manager who was fired and replaced by someone younger failed to prove his claim of age discrimination, the Fifth Circuit U.S. Court of Appeals ruled Aug. 3, affirming a trial court ruling (Tilden Holliday v. Commonwealth Brands, Incorporated No. 12-30278, 5th Cir.; 2012 U.S. App. LEXIS 16135).
WILMINGTON, Del. - RG Steel LLC, the affiliate of bankrupt WP Steel Venture LLC, on Aug. 2 announced it had reached an agreement to sell one of its plants for $20 million to a contractor that specializes in plant demolition, among other things (In Re: WP Steel Venture LLC, No. 12-11661, Chapter 11, D. Del. Bkcy.). Subscribers may view the agreement available within the full article.
ATLANTA - An 11th Circuit U.S. Court of Appeal panels, in a per curiam opinion, on Aug. 2 affirmed a jury conviction of two doctors involved in a Medicare and Medicaid billing scheme (United States of America v. Manuel Barbeite, et al., Nos. 09-15863, 10-10838, 11th Cir.; 2012 U.S. App. LEXIS 15956).
WEST PALM BEACH, Fla. - A Florida Court of Appeal panel on Aug. 1 overturned a trial court decision to grant a new trial in an automobile accident action, ruling that it was an error to find that the jury was misled by instructions it was given before returning a verdict for the plaintiff (Rosalva Costa v. Joseph Aberle, No. 4D10-2461, Fla. App., 4th Dist.; 2012 Fla. App. LEXIS 12533).
HATTIESBURG, Miss. - A Mississippi federal appeals court on Aug. 2 partially granted the defendants' motion to dismiss a dispute over the payment and liabilities for services provided under a Medicare provider agreement prior to the transfer of the Medicare provider number (Delco Inc., v. Corporate Management Inc., et al., No. 11-90, S.D. Miss.; 2012 U.S. Dist. LEXIS 107959).
NEW YORK - A creditor that holds a patent licensing agreement with bankrupt Eastman Kodak Co. on Aug. 3 moved in the U.S. Bankruptcy Court for the Southern District of New York for a determination that, based on that contract, it has a valid, perfected and first-priority lien (In Re: Eastman Kodak Company, No. 12-10202, Chapter 11, S.D. N.Y. Bkcy.). See related prior history 2012 Bankr. LEXIS 2944.
HOUSTON - A Texas federal judge on Aug. 1 denied a company's request for additional attorney fees it incurred for work that allegedly was required by the unjustified refusal of an entity to abide by an arbitration award issued by the American Arbitration Association (AAA), finding that the time spent in relation to confirmation of the award was spent on at least one issue that was not frivolous (Tricon Energy Ltd. v. Vinmar International Ltd., No. 4:10-cv-05260, S.D. Texas; 2012 U.S. Dist. LEXIS 107563).
NEWARK, N.J. - A federal judge in New Jersey on Aug. 1 significantly trimmed a shareholder's state and federal securities law claims against pharmaceutical giant Merck & Co. Inc. and several of its current and former officers and directors, who are alleged to have misrepresented significant risk associated with Merck's sale and marketing of Vioxx (Stichting Pensioenfonds ABP v. Merck & Co. Inc., et al., No. 05-5060, D. N.J.).See related prior history, 2012 U.S. Dist. LEXIS 56309.
CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on Aug. 3 upheld a district court judge's decision granting a motion for a preliminary injunction filed by the U.S. government and the State of Wisconsin requiring NCR Corp. to continue remediation efforts for polychlorinated biphenyl (PCB) contamination along the Fox River in Wisconsin after agreeing that remediation costs cannot currently be apportioned (United States of America, et al. v. NCR Corporation, No. 12-2069, 7th Cir.; 2012 U.S. App. LEXIS 16097). See related prior history, 2012 U.S. App. LEXIS 16097.
TAMPA, Fla. - A Florida federal judge on Aug. 2 dismissed aiding and abetting claims from a suit accusing Wells Fargo Bank NA and Wachovia Bank NA of failing to detect convicted hedge fund manager Arthur G. Nadel's $168 million Ponzi scheme but allowed other claims to remain (Burton W. Wiand v. Wells Fargo Bank N.A., et al., No. 12-00557, M.D. Fla.). Subscribers may view the opinion available within the full article.
NEW YORK - The federal judge in New York overseeing a securities class action against IMAX Corp., certain of its current and former officers and directors and its auditor granted an award of nearly $4 million in attorneys' fees and expenses on Aug. 1, ruling that lead counsel in the action should divide the fees pursuant to its "good-faith judgment" (In re IMAX Corp. Securities Litigation, No. 06-6128, S.D. N.Y.; 2012 U.S. Dist. LEXIS 108516).
ST. LOUIS - A federal judge in South Dakota erred in awarding summary judgment to Eli Lilly & Co. (Lilly) in a lawsuit claiming that the company failed to adequately warn about the risk of suicide among pediatric and adolescent patients using the antidepressant Cymbalta, an Eighth Circuit U.S. Court of Appeal panel ruled Aug. 3 after finding that genuine issues of material fact exist as to whether the prescribing physician knew what an adequate suicide warning would contain (Paul Schilf, et al. v. Eli Lilly & Company, et al., No. 11-2082, 8th Cir.). See related prior history,2012 U.S. App. LEXIS 16103.