PHILADELPHIA - Efforts by a patent infringement defendant to transfer the case from Pennsylvania to West Virginia federal court were unsuccessful Aug. 21 (Ferring B.V. v. Mylan Pharmaceuticals Inc., No. 13-5909, E.D. Pa.).
PHILADELPHIA - The testimony of a plaintiff's expert witness in an uninsured motorist (UM) case was properly limited at trial as unhelpful to the jury and not based on specialized knowledge, a Pennsylvania federal judge held Aug. 19, denying the plaintiff's motion for a new trial (John P. Senese v. Liberty Mutual Inc., No. 2:13-cv-05139, E.D. Pa.; 2014 U.S. Dist. LEXIS 114889).
PITTSBURGH - A plaintiff's fourth attempt to sue Viacom Inc. for copyright infringement was dismissed by a Pennsylvania federal judge on Aug. 21, just as his first three complaints against the cable provider were (Charles Sims v. Viacom Inc., No. 14-1095, W.D. Pa.).
PHILADELPHIA - A federal judge in Pennsylvania on Aug. 19 dismissed with prejudice an insurance company's unjust enrichment claim against a physician-owned surgical facility and its management companies after finding that it failed to state a claim upon which relief could be granted, but also allowed the company to pursue claims of insurance fraud against the defendants based on their billing and referral practices (Aetna Life Insurance Co. v. Huntington Valley Surgery Center, et al., No. 13-cv-3101-WY, E.D. Pa.; 2014 U.S. Dist. LEXIS 115688).
PITTSBURGH - The Patient Protection and Affordable Care Act (ACA) contraceptive mandate places a substantial burden on nonprofit plaintiffs' religious practices, and they are likely to succeed in their challenge to it, a Pennsylvania federal judge held Aug. 20 (Most Reverend Lawrence E. Brandt, et al. v. Sylvia Burwell, et al., No. 14-681, W.D. Pa.).
HARRISBURG, Pa. - A group of 405 health professionals on Aug. 19 sent a letter to Pennsylvania Gov. Tom Corbett and other state officials calling for reform at the Pennsylvania Department of Health (DOH) based on allegations that the employees of the DOH were instructed not to respond to health complaints regarding hydraulic fracturing.
HARRISBURG, Pa. - A Pennsylvania environmental group that opposes hydraulic fracturing on Aug. 18 filed an appeal with the Pennsylvania Environmental Hearing Board (EHB) opposing the issuance of fracking permits to Anadarko E&P Onshore LLC, contending that the Pennsylvania Department of Environmental Protection (DEP) "acted contrary to law and abused its discretion" in granting the permits (Citizens for Pennsylvania's Future v. Commonwealth of Pennsylvania, et al., No. N/A, Pa. EHB).
CHICAGO - An Illinois federal judge on Aug. 19 granted an injunction against a health insurance company, requiring the company to change the way it issues notice and appeal procedures before recouping money from previously paid claims (Pennsylvania Chiropractic Association, et al. v. Blue Cross Blue Shield Association, et al., No. 09-5619, N.D. Ill.; 2014 U.S. Dist. LEXIS 114664).
HARRISBURG, Pa. - The Pennsylvania Supreme Court on Aug. 18 refused to allow subsequent purchasers of a newly constructed home to pursue claims for breach of implied warranty of habitability against the builder, ruling that the parties' arguments were predominantly grounded in public policy rather than contract law (Michael Conway, et al. v. Cutler Group Inc., d/b/a The David Cutler Group Inc., No. 80 MAP 2013, Pa. Sup.; 2014 Pa. LEXIS 2084).
PITTSBURGH - Applying the recently established standard for Lanham Act prudential standing established in Lexmark Int'l Inc. v. Static Control Components Inc. (572 U.S. __ 134 S. Ct. 1377, 1384 $(2014$)), a Pennsylvania federal judge on Aug. 18 granted a defendant summary judgment on allegations that it falsely advertised that a plaintiff remained an employee after he was fired (Gary Lundgren v. Ameristar Credit Solutions Inc., No. 12-263, W.D. Pa.).
WASHINGTON, D.C. - A Pennsylvania federal judge's construction of several disputed patent claims was not clearly erroneous, the Federal Circuit U.S. Court of Appeals ruled Aug. 15 (John R. Gammino v. Sprint Communications Company, et al., Nos. 13-1636, 14-1016, Fed. Cir.).
PITTSBURGH - A Pennsylvania federal judge on Aug. 15 refused to reconsider a prior opinion defining the rights and obligations of numerous insurers involved in an asbestos coverage suit because the parties failed to raise any new arguments (Air & Liquid Systems Corp., et al. v. Allianz Underwriters Insurance Co., et al., No. 11-247, W.D. Pa.; 2014 U.S. Dist. LEXIS 113382).
PHILADELPHIA - A group of former professional football players who are named plaintiffs in a class action against the National Football League (NFL) in federal court in California moved Aug. 12 to intervene in the multidistrict litigation currently pending in the U.S. District Court for the Eastern District of Pennsylvania, saying the preliminary settlement of that litigation does not adequately address their claims (In re: National Football League Players' Concussion Injury Litigation, MDL No. 2323, No. 2:12-md-02323-AB; Kevin Turner, et al., [Richard Dent, et. al., Proposed Intervenor-Plaintiffs] v. National Football League, et al., No. 14-00029, E.D. Pa.).
WASHINGTON, D.C. - A suit filed by former members of the Kansas City Chiefs football team "involves common questions of fact" with actions currently pending in the multidistrict litigation before the U.S. District Court for the Eastern District of Pennsylvania and should be transferred to that court, the U.S. Judicial Panel on Multidistrict Litigation held Aug. 13 (In re: National Football League Players' Concussion Injury Litigation, MDL No. 2323, U.S. JPMDL).
PHILADELPHIA - On remand, a Philadelphia judge must weigh additional factors before allowing a Kentucky couple to continue their asbestos action against a railroad, a Pennsylvania Superior Court panel held Aug. 12 (Paul R. Black v. CSX Transportation Inc., No. 3058 EDA 2012, Pa. Super.).
PHILADELPHIA - No evidence exists of asbestos exposure preceding the 1975 inclusion of mesothelioma in the Louisiana's workers' compensation law and an estate's wrongful death claim against a second defendant is untimely, the Pennsylvania judge overseeing the federal asbestos multidistrict litigation held in a pair of rulings released Aug. 8 (Frank Williams Jr., et al. v. Lockheed Martin Corp., et al., No. MDL 875, 09-70101, E.D. Pa.).
PHILADELPHIA - A Third Circuit U.S. Court of Appeals panel on Aug. 11 affirmed a federal judge in Pennsylvania's ruling denying a motion to compel arbitration filed by a company that purchased a man's life insurance policy, ruling that the man was not required to comply with the sale agreement's arbitration clause because the allegations in his complaint stem from conduct that occurred separate from the agreement (Lincoln T. Griswold, et al. v. Coventry First LLC, et al., No. 13-1879, 3rd Cir.; 2014 U.S. App. LEXIS 15362).
PHILADELPHIA - After finding that Taiwan is not a signatory to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, a Pennsylvania federal judge on Aug. 8 refused to enforce a $6.57 million arbitration award issued for a Taiwanese corporation in a dispute related to a supply and purchase agreement for computer software (Clientron Corp. v. Devon IT Inc., No. 13-05634, E.D. Pa.; 2014 U.S. Dist. LEXIS 110364).