LexisNexis® Legal Newsroom
    11th Circuit Finds Stateroom Workers' Action To Vacate Award Is Time-Barred

    ATLANTA - The 11th Circuit U.S. Court of Appeals on Nov. 25 affirmed the dismissal of an action Indian stateroom workers filed against a cruise line to vacate an arbitration award, finding that the action was barred under a three-month limitation period (Agnelo Gonsalvez, et al. v. Celebrity Cruises Inc., 13-11189, 11th Cir.; 2013 U.S. App. LEXIS 23629).

    Judge Dismisses Privacy, Unfair Competition Class Action Over IPhone Apps

    SAN JOSE, Calif. - The named plaintiffs in a putative class action against Apple Inc. failed to establish their standing under Article III of the U.S. Constitution or two California statutes, a California federal judge found Nov. 25, disposing of their claims related to Apple's purported collection of users' personal data via applications (apps) for its iPhones and other "iDevices" (In Re iPhone Application Litigation, No. 5:11-md-02250, N.D. Calif.).

    Consumer Class Action Filed Against 23andMe For Genetic Test Kit Refunds

    SAN DIEGO - A California resident on Nov. 27 filed a national class action lawsuit seeking refunds for what it says is a misleadingly advertised and unapproved at-home genetic testing kit called 23andMe (Lisa Casey, et al. v. 23andMe, INC., et al., No. 13-2847, S.D. Calif.).

    Reinsurers: Counterclaim Properly States Claim Upon Which Relief Can Be Granted

    SYRACUSE, N.Y. - Two reinsurers told a New York federal court on Nov. 27 that their counterclaim against an insurer properly states a claim and should not be dismissed (Utica Mutual Insurance Company v. Employers Insurance Company of Wausau, et al., No. 12-cv-01293, N.D. N.Y.).

    Insurer Says Reinsurer's Case Is Redundant, Seeks Dismissal

    BOSTON - An insurer told a federal court in Massachusetts on Nov. 27 that there is a first-filed similar lawsuit pending in a Massachusetts state court and that the federal case should be dismissed (Nationwide Mutual Insurance Company v. Liberty Mutual Insurance Company, No. 13-cv-12910, D. Mass.).

    Federal Judge Finds Issue Of Fact Exists On Insureds' Structural Damage Claim

    KANSAS CITY, Kan. - A Kansas federal judge on Nov. 26 denied an insurer's motion for summary judgment, finding that an issue of fact exists as to whether an accidental plumbing leak that caused water and mold issues at a home also caused structural damage to the property (Jeff and Stacie Coder v. American Bankers Insurance Company of Florida, No. 12-2231, D. Kan.; 2013 U.S. Dist. LEXIS 167502).

    5th Circuit Affirms Denial Of Motion To Remand Case

    NEW ORLEANS - A Texas federal judge did not err in refusing to remand a dispute over property seized by U.S. marshals as a judgment for copyright and trademark infringement, the Fifth Circuit U.S. Court of Appeals ruled Nov. 27 (Sean Ortega v. Young Again Products Inc., et al., No. 12-20592, 5th Cir.).

    Client: Former Partner At Dewey & LeBoeuf Liable For $5.8M Tax Penalty

    NEW YORK - A former client of bankrupt law firm Dewey & LeBoeuf on Nov. 27 moved in the U.S. Bankruptcy Court for the Southern District of New York for permission to file a late claim on grounds that a former partner at the firm provided legal analysis related to investments for which the client is now being penalized $5.8 million by the IRS (In Re: Dewey & LeBoeuf, No. 12-12321, Chapter 11, S.D. N.Y. Bkcy.).

    Michigan Appeals Court Reverses $3.8M Sanction Against Environmental Agency

    LANSING, Mich. - A Michigan Court of Appeals panel on Nov. 26 reversed a trial court's order requiring the Michigan Department of Natural Resources and Environment to pay $3.8 million in attorney fees and expert witness costs as a sanction for egregious conduct by its counsel, finding that it is unclear if the trial court ruled that the total hours billed by the defendant were reasonable (Department of Natural Resources and Environment, f/k/a Department of Environmental Quality v. Rexair Inc., No. 297663, Mich. App.; 2013 Mich. App. LEXIS 1955).

    Federal Judge Overrules Objection To Protective Order In FDIC's Suit

    EVANSVILLE, Ind. - A federal judge in Indiana on Nov. 26 overruled Fidelity and Deposit Co. of Maryland's (F&D) objection to a magistrate judge's entry of a protective order to the Federal Deposit Insurance Corp., which sued F&D on behalf of a failed bank over a financial institution bond (FDIC v. Fidelity and Deposit Co. of Maryland, No. 11-0019, S.D. Ind.; 2013 U.S. Dist. LEXIS 167833).

    9th Circuit Reverses Ruling On Student Loan Amount Owed

    SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Nov. 25 reversed and remanded the U.S. government's suit against a student loan debtor, finding that a district court erroneously rejected his argument regarding the amount of the loan (United States of America v. James P. Ragan, No. 11-57049, 9th Cir.; 2013 U.S. App. LEXIS 23664).

    Insurer Sues Reinsurer Over Unpaid Asbestos-Related Reinsurance Billing

    NEW HAVEN, Conn. - An insurer told a federal court in Connecticut on Nov. 27 that its reinsurer has failed to honor an asbestos-related reinsurance billing without explanation or excuse (Travelers Casualty & Surety Company v. Excalibur Reinsurance Corporation, No. 13-cv-01775, D. Conn.).

    Judge Transfers Suit Over Defense, Indemnification Duties For Water Damage Claims

    NEWPORT NEWS, Va. - A Virginia federal judge on Nov. 25 transferred to a North Carolina federal court a dispute over defense and indemnification obligations under two commercial general liability insurance policies regarding water damage claims (Liberty Mutual Fire Insurance Co. v. KB Home, et al., No. 13-98, E.D. Va.; 2013 U.S. Dist. LEXIS 168984).

    9th Circuit: Nursing Facility Did Not Follow Medicare's Supervision Requirements

    SAN FRANCISCO - In an unpublished opinion, a Ninth Circuit U.S. Court of Appeals panel affirmed a citation and fine issued to a skilled nursing facility for improperly failing to monitor a patient as required by Medicare laws (Del Rosa Villa v. Kathleen Sebelius, No. 12-71685, 9th Cir; 2013 U.S. App. LEXIS 23796).

    Homeowners May Continue With Duty-To-Indemnify Claims Against Insurer, Judge Says

    PHOENIX - Homeowners may proceed with duty-to-indemnify claims against a contractor's insurer because they have standing based on a judgment against the contractor for construction defects damages, an Arizona federal judge ruled Nov. 26 (James and Jane Anderson, et al. v. Everest National Insurance Co., et al., No. 13-08017, D. Ariz.; 2013 U.S. Dist. LEXIS 168013).

    Louisiana Appeals Panel Vacates Judgment In Medical Malpractice Case

    SHREVEPORT, La. - The Second Circuit Louisiana Court of Appeal on Nov. 27 overturned a $27,145.72 medical malpractice award for a man who allegedly suffered complications after being treated for spider bites, ruling that the plaintiff did not establish the standard of care that was allegedly breached by the defendant (Larry Shell v. St. Francis Medical Center Inc., No. 48,613-CA, La. App., 2nd Cir.; 2013 La. App. LEXIS 2456).

    Oklahoma Federal Magistrate Judge Declines To Dismiss Denial Of Benefits Suit

    MUSKOGEE, Okla. - An Oklahoma federal magistrate judge on Nov. 26 denied a motion to dismiss a wrongful denial of health care benefits case (Samuel Howard Logan Jr. v. Healthcare International Global Networks, et al., No. 13-144, E.D. Okla.; 2013 U.S. Dist. LEXIS 167631).

    Bankruptcy Judge Approves DOJ, American Airlines Settlement Ending Merger Lawsuit

    NEW YORK - The federal bankruptcy judge presiding over the Chapter 11 case of AMR Corp., the parent company of American Airlines Inc., on Nov. 27 approved a settlement between American Airlines and the U.S. Department of Justice (DOJ) that will allow the airline to merge with US Airways Inc. and emerge from Chapter 11 bankruptcy (In Re: AMR Corporation, No. 11-15463, Chapter 11, S.D. N.Y. Bkcy.).

    11th Circuit: Chaplain Resident Failed To Prove Bias Caused His Termination

    ATLANTA - A chaplain resident who was fired by the U.S. Department of Veterans Affairs (VA) failed to prove pretext because the supervisor who allegedly made a biased statement did not participate in the termination decision, the 11th Circuit U.S. Court of Appeals ruled Nov. 25 (Bernard Campbell v. Eric Shinseki, Secretary, U.S. Department of Veterans Affairs, No. 13-11974, 11th Cir.; 2013 U.S. App. LEXIS 23611).

    Judge: No Duty For Replacement Parts; 'Frequent, Regular, Proximate' Applies

    HONOLULU - Maritime law does not hold manufacturers liable for another manufacturer's replacement parts, and plaintiffs must present evidence of frequent, regular and proximate exposure for causation purposes, a Hawaii federal judge held Nov. 26 (Robert A. Cabasug and Joyce C. Cabasug v. Crane Co., et al., No. 12-313, D. Hawaii).

    Paxil Birth Defect Claimant Didn't Show Concealment Was Aimed At Her, Panel Says

    PHILADELPHIA - A claim by a woman who alleges that she had a therapeutic abortion because the antidepressant Paxil caused a heart defect in her unborn son missed a two-year statute of limitations and failed to show that the manufacturer fraudulently concealed the drug's birth defect risk, a Pennsylvania appeals court panel ruled Nov. 17 (Joanne Thomas, et al. v. Smith Kline Beecham Corporation, et al., No. 2461 EDA 2012, Pa. Super.).

    Federal Judge Approves Settlement Of Receiver's Claims Against Law Firm

    TAMPA, Fla. - A federal judge in Florida on Nov. 26 approved an agreement that calls for law firm Band Weintraub to pay almost $1 million to settle allegations that it helped others evade a settlement with the receiver appointed in a suit arising from Arthur Nadel's $168 million Ponzi scheme (Securities and Exchange Commission v. Arthur Nadel, et al., No. 09-0087, M.D. Fla.).

    Magistrate Finds No Evidence Of Breach, Bad Faith In Toilet Overflow Dispute

    SHERMAN, Texas - In light of the plaintiff homeowners' failure to respond to their insurer's summary judgment motions in a case surrounding purported damages from a toilet overflow, a Texas federal magistrate judge on Nov. 25 recommended that summary judgment be granted in the insurer's favor (Keith Smith, et al. v. Allstate Texas Lloyds, No. 4:12-cv-00486, E.D. Texas; 2013 U.S. Dist. LEXIS 166933).

    3rd Circuit: Nutrisystem Rep Failed To Prove Race Bias, Retaliation Claims

    PHILADELPHIA - A former customer service representative failed to prove her claims of race discrimination, hostile work environment and retaliation, the Third Circuit U.S. Court of Appeals ruled Nov. 25 (Leandra Allen v. Nutrisystem, Inc., No. 13-2505, 3rd Cir.; 2013 U.S. App. LEXIS 23627).

    Detroit Lacks Standing To Intervene In Swap Agreement Case, Syncora Argues

    DETROIT - Syncora Guarantee Inc., which insures municipal bonds, on Nov. 26 filed a brief in the U.S. Bankruptcy Court for the Eastern District of Michigan arguing that the bankrupt City of Detroit lacks standing to expedite the Bankruptcy Court's consideration of Syncora's state law action against nondebtor defendant banks related to contracts referred to as swap agreements that were negotiated and executed seven years before the city's bankruptcy (Syncora Guarantee Inc. v. UBS AG, et al. $(In Re: City of Detroit$), No. 13-53846, Chapter 9, E.D. Mich. Bkcy.).