LAS VEGAS - An attorney accusing a blogger of cybersquatting and cyberpiracy violations failed to submit admissible, authenticated evidence to support his claims, a Nevada federal judge found April 10, denying his motion for summary judgment (Marc J. Randazza, et al. v. Crystal Cox, No. 2:12-cv-02040, D. Nev.; 2014 U.S. Dist. LEXIS 49762).
SEATTLE - While a managing company served as a joint venture's agent for conducting the joint venture's business, material issues of fact remain as to whether the joint venture's business included collecting rent, a Washington federal judge ruled April 9, denying summary judgment to an insurer in a coverage dispute for a construction defects case (Century Surety Co. v. Belmont Seattle LLC, No. 12-823, W.D. Wash.; 2014 U.S. Dist. LEXIS 49880).
NEW YORK - A New York federal judge on April 9 granted a motion to dismiss an action to enforce a French arbitration award issued in favor of a group of Brazilian companies in a dispute over contracts for the sale of pig iron, finding that the companies' alter-ego and successor claims failed (CBF Industria de Gusa S/A, et al. v. AMCI Holdings Inc., No. 13 Civ. 2581, S.D. N.Y.; 2014 U.S. Dist. LEXIS 49368).
NEW YORK - An insurance brokerage firm can amend its complaint to add an unjust enrichment claim against a former employee but not a competing insurance broker the employee went to work for, a New York federal judge held April 9 (DeWitt Stern Group Inc. v. Richard Eisenberg, No. 13-3060, S.D. N.Y.; 2014 U.S. Dist. LEXIS 49374).
SACRAMENTO, Calif. - Consumers have standing to pursue California unfair competition law (UCL) class action claims alleging that a global consumer goods company misrepresented that its "naturals" line of hair care products contained no artificial ingredients because they adequately pleaded economic injury and reliance on the company's representations, a federal judge held April 9 (Alba Morales and Lanie Cohen v. Unilever United States, Inc., No. 13-2213, E.D. Calif.; 2014 U.S. Dist. LEXIS 49336).
WASHINGTON, D.C. - A professional liability insurer has no duty to cover the costs of a $1.75 million legal malpractice action filed against a law firm insured and two of its attorneys, a District of Columbia federal judge ruled April 10 (Chicago Insurance Co. v. Paulson & Nace, et al., No. 12-2068 [ABJ], D. D.C.; 2014 U.S. Dist. LEXIS 49616).
COLUMBUS, Ohio - Ohio property owners seeking injunctive relief in the Franklin County, Ohio, Court of Common Pleas have standing to challenge mineral leases for natural gas extraction by hydraulic fracturing in a conservation district created by a deed from the U.S. government and to challenge natural gas well permits issued pursuant to the leases by Ohio regulators, the presiding judge ruled April 8 (Leatra Harper, et al. v. Muskingum Watershed Conservancy District, et al., No. 13-10907, Ohio Comm. Pls., Franklin Co.).
PHILADELPHIA - An author's allegations of copyright infringement and fraudulent inducement were properly dismissed as time-barred, the Third Circuit U.S. Court of Appeals ruled April 10 (Dolores Dawes v. Publish America LLLP, No. 13-3269, 3rd Cir.; 2014 U.S. App. LEXIS 6607).
SYDNEY, Australia - In what sources are calling a landmark case, the Asbestos Injuries Compensation Fund (AICF) in Australia on April 9 agreed to the confidential settlement of a claim asserted by a homeowner who alleged that he developed mesothelioma after being exposed to asbestos products made by James Hardie & Coy Pty Ltd while completing home renovations in 1994, sources told Mealey Publications (Stephen Wickham v Amaca Pty Limited, No. 328 of 2013, New South Wales DDT).
NEW YORK - Rejecting challenges to causation, liability apportionment and award offsets under Kansas law, a Second Circuit U.S. Court of Appeals panel on April 10 affirmed a $3.8 million award against Cleaver Brooks Inc. (Kelly McCormick, et al. v. Cleaver Brooks Company Inc., No. 13-704, 2nd Cir.).
MIAMI - A Florida appeals panel on April 9 found that a class action complaint seeking more than $168 million in damages against a mortgage broker insured is covered under a professional liability insurance policy, reversing and remanding a lower court's summary judgment ruling in favor of the insurer (Jerilynn Gidney and Michael Goldberg v. Axis Surplus Insurance Co., No. 3D12-1250, Fla. App., 3rd Dist.; 2014 Fla. App. LEXIS 5231).
WILMINGTON, Del. - A Delaware vice chancellor on April 8 denied a motion for summary judgment and said evidence regarding accusations brought by shareholders against certain of a company's directors and officers should be developed at trial (Herbert Chen, et al. v. Robert Howard-Anderson, et al., No. 5878-VCL, Del. Chanc.; 2014 Del. Ch. LEXIS 50).
DOVER, Del. - The delinquency proceedings for an insolvent nightclub insurer did not violate the constitutional due process rights of the insurer's owner or his company, the Delaware Supreme Court affirmed April 9 (Jeffrey B. Cohen and IDG Companies LLC v. State of Delaware, ex rel. The Honorable Karen Weldin Stewart, Delaware insurance commissioner, No. 545, 2013, Del. Sup.; 2014 Del. LEXIS 170).
COLUMBIA, S.C. - The South Carolina Supreme Court on April 9 revived a woman's personal injury claims against a hospital, concluding that the trial court "improperly classified Appellant's claim as one sounding in medical malpractice" (Sarah Dawkins v. Union Hospital District, No. 27380, S.C. Sup.; 2014 S.C. LEXIS 101).
BOSTON - A federal judge in Massachusetts on April 7 denied motions to dismiss in a securities class action lawsuit, ruling that lead plaintiffs have properly pleaded their federal securities law claims at this point in the litigation (Silverstrand Investments, et al. v. AMAG Pharmaceuticals Inc., et al., No. 10-10470, D. Mass.; 2014 U.S. Dist. LEXIS 48231).
FRESNO, Calif. - An exclusion in an extended professional liability policy (ELP) bars coverage for claims the Federal Deposit Insurance Corp. brought against former directors of a failed bank in its capacity as a receiver, a California federal magistrate ruled April 7, granting the insurer's motion for summary judgment (Thomas T. Hawker, et al., Plaintiffs, v. BancInsurance Inc., et al., No. 1:12-cv-01261-SAB, E.D. Calif.; 2014 U.S. Dist. LEXIS 48649).
SAN FRANCISCO - A federal judge on April 7 denied Safeway Inc.'s bid for summary judgment on consumer class action claims that the grocer was negligent and violated California's unfair competition law (UCL) by failing to notify "Club Card" members of product recalls, finding that the state negligence law imposes a general duty of care on Safeway and that the grocer provided no basis to grant it an exception to that duty (Dee Hensley-MacLean and Jennifer Rosen v. Safeway, Inc., No. 11-01230, N.D. Calif.; 2014 U.S. Dist. LEXIS 48591).
SACRAMENTO, Calif. - A California federal magistrate judge on April 7 determined that an insured cannot claim protection from the discovery of documents based on the attorney-client privilege under the common interest doctrine because the insured failed to prove that a sufficient common interest exists (Lennar Mare Island LLC v. Steadfast Insurance Co., et al., No. 12-2182, E.D. Calif.; 2014 U.S. Dist. LEXIS 48509).
NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on April 8 denied a newspaper's petition for a writ of mandamus, finding no error in a lower court's order that the newspaper turn over identifying information about the authors of certain anonymous online comments pertaining to a federal corruption trial and investigation for in camera review (In re: Times Picayune LLC, No. 14-30298, 5th Cir.; 2014 U.S. App. LEXIS 6553).
CHICAGO - A federal judge in Illinois on April 7 denied cross-motions for summary judgment on American Needle Inc.'s antitrust claims related to conduct by the National Football League, its 32 teams and the clubs' wholly owned licensing company in granting an exclusive license to Reebok International Ltd. to use the NFL's and teams' trademarks on apparel (American Needle, Inc. v. New Orleans Louisiana Saints, et al., No. 04-cv-7806, N.D. Ill.; 2014 U.S. Dist. LEXIS 47527).
SAN FRANCISCO - A California federal court lacks jurisdiction to hear a Connecticut landlord's class action claim that DIRECTV Inc. violates California's unfair competition law (UCL) by placing satellite TV dishes on apartment houses without consent of the owner because the claim is actually for trespass, a local action under California law that should have been brought where the real property is located, the Ninth Circuit U.S. Court of Appeals held April 9 (Eldee-K Rental Properties, LLC v. DIRECTV, Inc., No. 11-17994, 9th Cir.).
NEWARK, N.J. - The Federal Trade Commission (FTC) has authority to bring an unfair and deceptive acts complaint against a hotel chain related to its data security, a New Jersey federal judge ruled April, declining to dismiss claims that sprung from breaches of the Wyndham Worldwide Corp.'s computer network (Federal Trade Commission v. Wyndham Worldwide Corp., et al., No. 2:13-cv-01887, D. N.J.; 2014 U.S. Dist. LEXIS 47622).
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on April 8 reversed a Louisiana federal judge's determination that Brand Coupon Network LLC's allegations of trademark infringement and deceptive trade practices are untimely (Brand Coupon Network LLC v. Catalina Marketing Corp., et al., No. 13-30756, 5th Cir.).