TRENTON, N.J. - A unanimous New Jersey Superior Court Appellate Division panel issued an opinion July 30 affirming the award of workers' compensation benefits to a refinery worker over the objections of the employer, who alleged that the evidence does not support the conclusions of the judge of compensations (Retha Johnson v. ExxonMobil Chemical Co. No. A-0665-10T2, N.J. Super., App. Div.; 2012 N.J. Super. Unpub. LEXIS 1814).
CAMDEN, N.J. - A New Jersey federal judge on July 31 denied a plaintiff's motion to reconsider the dismissal of a putative class action seeking the return of money paid to Medicare after Medicare demanded reimbursement of a discounted portion of medical costs it paid on behalf of the plaintiff from a lump-sum tort settlement the plaintiff received (Joseph B. Mason v. Kathleen Sebelius, et al., No. 11-2370, D. N.J.; 2012 U.S. Dist. LEXIS 106522).
CHICAGO - The trustee in the Chapter 7 bankruptcy case of Peregrine Financial Group Inc. on July 31 moved in the U.S. Bankruptcy Court for the Northern District of Illinois for authority to subpoena various financial institutions that did business with Peregrine prior to its bankruptcy filing (In Re: Peregrine Financial Group Inc., No. 12-27488, Chapter 7, N.D. Ill. Bkcy.).
NEW YORK - The federal bankruptcy judge presiding over the Chapter 11 case of Eastman Kodak Co. on Aug. 1 ruled that Kodak could sell two of its patents related to digital imaging, concluding that the statute of limitations had run out on Apple Inc.'s right to assert ownership. Other patents remain disputed, but the judge said Kodak could update the record to assert its ownership rights (Eastman Kodak Company v. Apple Inc., et al. (In Re: Eastman Kodak Company), No. 12-10202, Adv. No. 12-01720, Chapter 11, S.D. N.Y. Bkcy.).
WILMINGTON, Del. - Bankrupt solar energy company Solyndra LLC, which received a $535 million grant from the U.S. Department of Energy (DOE) before filing for Chapter 11 bankruptcy, on July 27 filed its plan of reorganization, which would repay little, if any, of the DOE loan (In Re: Solyndra LLC, No. 11-12799, Chapter 11, D. Del. Bkcy.).
LAS VEGAS - A debt collection company sufficiently alleged an implied contract with an insurer that provided it with services supporting its collections activities, a Nevada federal judge ruled July 30, denying a motion to dismiss breach of contract and bad faith claims against the insurer (Nevada Association Services Inc. v. First American Title Insurance Co., et al., No. 2:11-cv-02015, D. Nev.; 2012 U.S. Dist. LEXIS 105466).
NEW YORK - The federal bankruptcy judge presiding over the Chapter 11 bankruptcy proceeding of Residential Capital LLC (Res Cap) on July 31 approved expanding the scope of the investigation being conducted by the U.S. trustee's examiner pertaining to the events that led to the financial company's bankruptcy (In Re: Residential Capital LLC, No. 12-12020, Chapter 11, S.D. N.Y. Bkcy.).
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on July 31 vacated a portion of a Texas federal district court's decision that required parties to arbitrate a dispute over contracts related to offshore oil drilling before five arbitrators, remanding the case so that the district court can enter an order appointing three arbitrators, which was required by the agreement between parties (BP Exploration Libya Limited v. ExxonMobil Libya Limited, et al., No. 11-20547, 5th Cir.; 2012 U.S. App. LEXIS 15706).
DENVER - A 10th Circuit U.S. Court of Appeals panel on July 27 upheld a federal judge in Wyoming's post-judgment ruling ordering a defendant company in a breach of contract suit to pay $58,361.51 in attorney fees as a sanction for discovery misconduct after finding that even though counsel for the plaintiff was working for a fixed fee, the defendant's misconduct frustrated the discovery process and frustrated resolution of the case (Centennial Archaeology Inc. v. AECOM Inc., No. 11-8000, 10th Cir.; 2012 U.S. App. LEXIS 15598).
NASHVILLE, Tenn. - A dosimetry calibration laboratory that was denied reaccreditation by the American Association of Physicists in Medicine (AAPM) survived the AAPM's motion for summary judgment on the laboratory's claim that AAPM conspired to orchestrate a concerted refusal to deal with the laboratory, a federal judge in Tennessee ruled July 26 (K & S Associates, Inc. v. American Association of Physicists in Medicine, No. 3:09-1108, M.D. Tenn.; 2012 U.S. Dist. LEXIS 104238).
PHILADELPHIA - The Third Circuit U.S. Court of Appeals on July 30 affirmed a lower federal court's ruling that claimants are not entitled to any additional benefits under a policy's directors and officers' coverage provisions because the insurer's payment of $25,000 for their underlying defense costs in a property sale dispute fully satisfies its contractual obligations (Holy Ghost Carpatho-Russian Greek Catholic (Orthodox) Church, et al. v. Church Mutual Insurance Company, No. 11-4363, 3rd Cir.; 2012 U.S. App. LEXIS 15683).
ALEXANDRIA, La. - A Louisiana federal judge on July 26 agreed with a magistrate judge that the government's motion to dismiss a case challenging a provision contained in the Patient Protection and Affordable Care Act (PPACA), 111 P.L. 148, that requires all health plans to provide preventive services for free, including those for birth control, was moot following the filing of an amended complaint (Louisiana College v. Kathleen Sebelius, No. 12-463, W.D. La.; 2012 U.S. Dist. LEXIS 104613).
GREENBELT, Md. - A Maryland federal judge on July 30 denied a motion to dismiss and a motion to stay a proposed class complaint accusing Jackson Therapy Partners LLC of sending unsolicited fax advertisements in violation of the Telephone Consumer Protection Act (TCPA) 47 U.S.C.S. § 227 (Kensington Physical Therapy, Inc. v. Jackson Therapy Partners, LLC, No. 11-2467, D. Md.; 2012 U.S. Dist. LEXIS 105539).
PROVIDENCE, R.I. - A federal judge in Rhode Island on July 26 dismissed with prejudice plaintiffs' third citizen suit under the Clean Water Act (CWA) against the owners of an adjacent property after finding that the plaintiffs have continually failed to follow the statutory guidelines for serving the defendants and providing sufficient presuit notice of the defendants' alleged violations of the act (Louis Paolino, et al. v. JF Realty LLC, et al., No. 12-39-ML, D. R.I.; 2012 U.S. Dist. LEXIS 104121).
NEW YORK - A shareholder has failed to show that a former director of The Goldman Sachs Group Inc. realized any "disgorgable profits" from another party's short-swing trades of Goldman Sachs stock, a federal judge in New York ruled July 27 in a memorandum order (James Mercer v. Rajat K. Gupta, No. 11-3828, S.D. N.Y.; 2012 U.S. Dist. LEXIS 104694).
BECKLEY, W.Va. - A federal judge in West Virginia on July 30 adopted a federal magistrate judge's recommendation to deny dismissal of a complaint in which a consumer alleges that a hotel company violated the Credit Card Accountability Responsibility and Disclosure Act (CCARDA) and the Electronic Funds Transfer Act (EFTA) 15 U.S.C.S. § 1601 when it issued him a gift card with an expiration date of less than five years after the issuance of the card (Joseph Sucec v. The Greenbrier, et al., No. 11-00968, S.D. W.Va.; 2012 U.S. Dist. LEXIS 105584).
PITTSBURGH - A 72-year-old man who was fired from his job as a driver for a car dealership presents a prima facie case of sex and age discrimination against his former employer, a Pennsylvania federal judge held July 27 in denying the dealership's motion to dismiss the case (Aron Depelligrin v. A&L Motor Sales, LLC, No. 2:11-cv-01579, W.D. Pa.; 2012 U.S. Dist. LEXIS 104944).
PHILADELPHIA - A unanimous Pennsylvania Superior Court panel issued an opinion July 27 affirming summary judgment against a dental technician who alleges that fraudulent misrepresentation by a laboratory where he worked led to his exposure to beryllium; the panel affirmed that the workers' compensation act provides the exclusive remedy for the occupational disease alleged by the plaintiff (Michael Kostryckyj, et uxor v. Pentron Laboratory Technologies, et al, No. 1604 EDA 2011, Pa. Super.; 2012 PA Super 152; 2012 Pa. Super. LEXIS 1594).
PHILADELPHIA - The Third Circuit U.S. Court of Appeals on July 30 affirmed the dismissal of a medical malpractice case involving an illness contracted after an organ transplant, concluding that the trial court was correct to rule that the plaintiffs failed to satisfy the affidavit-of-merit requirement (David Mulholland, et al. v. Thomas Jefferson University Hospital Inc., et al., No. 11-3412, 3rd Cir.; 2012 U.S. App. LEXIS 15666).
CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on July 27 affirmed a $2.97 million award to a steel mill worker who was shot through the chest with a high-velocity stream of industrial grease, finding that admission of a design defect expert was not error (Leonard Lapsley, et al. v. Xtek Inc., No. 11-3313, 7th Cir.; 2012 U.S. App. LEXIS 15526).
WILMINGTON, Del. - The federal bankruptcy judge presiding over the Chapter 11 case of Ritz Camera & Image LLC on July 30 approved bidding procedures for the sale of substantially all of Ritz's assets (In Re: Ritz Camera & Image LLC, No. 12-11868, Chapter 11, D. Del. Bkcy.). Subscribers may view the order available within the full article.
PHILADELPHIA - A former pharmaceutical sales representative failed to prove that his termination after being placed on a performance management plan was the result of race discrimination, the Third Circuit U.S. Court of Appeals ruled July 26 (Lloyd McDonnaugh v. Teva Specialty Pharmaceuticals, No. 11-3462, 3rd Cir.; 2012 U.S. App. LEXIS 15423).
LINCOLN, Neb. - An insurer is not required to produce information that arose out of an attorney's investigation of carbon monoxide poisoning claims because the attorney was not hired to prepare a defense for the insurer, a Nebraska federal judge said July 30 (Church Mutual Insurance Co. v. Clay Center Christian Church et al., No. 11-304, D. Neb.; 2012 U.S. Dist. LEXIS 105552).
NEW YORK - The U.S. trustee in the Chapter 11 bankruptcy case of Eastman Kodak Co. on July 30 filed a brief in the U.S. Bankruptcy Court for the Southern District of New York opposing Kodak's motion seeking approval of bonuses for its principals (In Re: Eastman Kodak Company, No. 12-10202, Chapter 11, S.D. N.Y. Bkcy.). Subscribers may view the brief available within the full article.
WASHINGTON, D.C. - A District of Columbia federal judge on July 26 granted a summary judgment motion by plaintiffs in a class action lawsuit over the denial of benefits by a military insurance program for therapy to treat autism (Kenneth Berge, et al. v. United States of America, et al., No. 10-373, D. D.C.; 2012 U.S. Dist. LEXIS 104401).