HOUSTON - A Texas appeals court on March 11 upheld a ruling that ATM operator Cardtronics Inc. suffered a covered loss under its insurance policy with Lloyd's of London when an armored truck company stole $16 million (Certain Underwriters at Lloyd's of London subscribing to policy number: FINFR0901509 v. Cardtronics Inc., No. 13-0165, Texas App., 1st Dist.; 2014 Tex. App. LEXIS 2678).
DALLAS - The CEO of bankrupt bitcoin exchange operator MtGox Co. Ltd. on March 10 filed a brief in the U.S. Bankruptcy Court for the Northern District of Texas seeking recognition as the foreign representative for the company, and seeking a stay of litigation pending against the company related to its loss of investors' money related to the theft of digital currency (In Re: MtGox Co. Ltd.,. No. 14-31229, Chapter 15, N.D. Texas Bkcy.).
AUSTIN, Texas - A Texas woman on March 7 sued her health insurer in federal court for allegedly wrongfully denying coverage for treatment related to her husband's stroke (Eleanor Crose v. Humana Insurance Co., No. 14-205, W.D. Texas).
LOS ANGELES - A California appeals panel on March 5 affirmed an order dismissing in part insurance agents' lawsuit against an intermediate insurance broker regarding the broker's role in lapsed insurance policies pending the agents' filing suit in Texas based on a forum selection clause between the parties (Madick Insurance Services, et al. v. 3 Mark Financial Inc., No. B249500, Calif. App., 2nd Dist., Div. 8; 2014 Cal. App. Unpub. LEXIS 1593).
TYLER, Texas - Judge Timothy B. Dyk of the Federal Circuit U.S. Court of Appeals, sitting by designation in the U.S. District Court for the Eastern District of Texas, ruled March 6 that a plaintiff lacks standing to maintain a patent infringement action against Intel Corp. (Stragent LLC et al. v. Intel Corp., No. 11-421, E.D. Texas).
TULSA, Okla. - A chemical company that provided hydraulic fracturing fluid for completion of a well in Texas was granted summary judgment in part on March 7 in the U.S. District Court for the Northern District of Oklahoma; the presiding judge ordered additional briefing with respect to negligence and express warranty causes of action (Crest Resources Inc. v. Dan Blocker Petroleum Consultants, Inc., No. 09-766, N.D. Okla.; 2014 U.S. Dist. LEXIS 29518).
DALLAS - A Texas federal magistrate judge on Feb. 27 granted in part an insurance agent and his employer's motion to quash subpoenas that seek the production of materials concerning their alleged breach of the confidentiality and noncompete agreements because the materials may disclose trade secrets or other confidential information (Orchestrate HR Inc. v. Anthony L. Trombetta, et al., No. 13-2110, N.D. Texas; 2014 U.S. Dist. LEXIS 24995).
DALLAS - A Texas federal judge on Feb. 27 remanded a health care reimbursement suit between a health care provider and insurer to state court, saying the claims were not preempted (Texas Center for Obesity Surgery v. UnitedHealthCare of Texas Inc., et al., No. 13-922, N.D. Texas; 2014 U.S. Dist. LEXIS 24996).
NEW ORLEANS - Relying on answers provided by the Texas Supreme Court, the Fifth Circuit U.S. Court of Appeals on Feb. 26 vacated an entry of summary judgment to an insurer regarding denial of coverage based upon a contractual liability exclusion and remanded the case for further proceedings, reserving to the parties any claims, defenses and arguments other than those related to the contractual liability exclusion (Ewing Construction Company Inc. v. Amerisure Insurance Co., No. 11-40512, 5th Cir.; 2014 U.S. App. LEXIS 3688).
CORPUS CHRISTI, Texas - Restrictions on Native American prison inmates' ability to smoke ceremonial tobacco, grow their hair long and wear items of religious significance impose substantial burdens on their religious exercise, a Texas federal magistrate judge said in a Feb. 27 opinion, but are nevertheless lawful because the policies are the least restrictive means of furthering the Texas Department of Criminal Justice's (TDCJ) interest in maintaining security and controlling costs (Teddy Norris Davis, et al. v. William Stephens, et al., No. 2:12-CV-166, S.D. Texas, Corpus Christi Div.; 2014 U.S. Dist. LEXIS 25030).
WASHINGTON, D.C. - A divided Federal Circuit U.S. Court of Appeals on Feb. 27 denied a request by Apple Inc. for an order transferring patent infringement litigation from Texas to California federal court (In re: Apple Inc., Misc. Docket No. 156, Fed. Cir.).
DALLAS - A federal judge in Texas on Feb. 24 dismissed a suit arising from the alleged default on promissory notes issued by a bank that subsequently failed, finding that "complete diversity is destroyed" because of the Federal Deposit Insurance Corp.'s involvement (Eagle TX I SPE LLC v. Sharif & Munir Enterprises Inc., et al., No. 13-2565, N.D. Texas; 2014 U.S. Dist. LEXIS 23138).
HOUSTON - Google Inc. on Feb. 25 failed to persuade a Texas federal judge that it is entitled to summary judgment of noninfringement of two patents (SuperSpeed LLC v. Google Inc., No. 12-1688, S.D. Texas).
GALVESTON, Texas - Texas insureds' foundation damages are not covered under a standard flood insurance policy (SFIP), a Texas federal judge ruled Feb. 25, granting the insurer's motion for summary judgment in a dispute arising from Hurricane Ike damage (Mike Armstrong, et al. v. Fidelity National Property and Casualty Insurance Co., No. G-10-202, S.D. Texas; 2014 U.S. Dist. LEXIS 23508).
DALLAS - A Texas federal judge on Feb. 24 granted a motion filed by two energy companies to seal a consulting firm's petition to confirm an international arbitration award, finding that a confidentiality agreement between the parties weighed in favor of sealing the petition and related documents (The Decapolis Group LLC v. Mangesh Energy Ltd., et al., No. 3:13-cv-1547, N.D. Texas; 2014 U.S. Dist. LEXIS 23131).
WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 24 heard oral arguments on whether the U.S. Environmental Protection Agency overstepped its bounds by regulating greenhouse gas emissions from stationary sources such as power plants (Utility Air Regulatory Group v. U.S. Environmental Protection Agency, et al., No. 12-1146, American Chemistry Council v. U.S. Environmental Protection Agency, et al., No. 12-1248, Energy-Intensive Manufacturers Working Group on Greenhouse Gas Regulation v. U.S. Environmental Protection Agency, et al., No. 12-1254, Southeastern Legal Foundation v. U.S. Environmental Protection Agency, et al., No. 12-1268, Texas, et al. v. U.S. Environmental Protection Agency, et al., No. 12-1269, Chamber of Commerce v. U.S. Environmental Protection Agency, et al., No. 12-1272, U.S. Sup.).
SAN ANTONIO - Screenshots that appear to show a plaintiff's CD for sale on various merchant websites "are not conclusive evidence of infringement," a Texas federal judge ruled Feb. 21, denying the plaintiff summary judgment (Herman Leon Brickey v. Amazon.com Inc., et al., No. 13-961, W.D. Texas).
HOUSTON - The 14th District Texas Court of Appeals on Feb. 20 modified a trial court's judgment for the plaintiffs in a construction defects dispute, concluding that the trial court erred by adding additional attorney fees to an arbitrator's award (D.R. Horton-Texas Ltd. v. William Bernhard, et al., No. 14-12-01150-CV, Texas App., 14th Dist.; 2014 Tex. App. LEXIS 1899).
HOUSTON - A Texas federal judge on Feb. 13 dismissed a class action lawsuit related to the denial of health care benefits based on a plan's subrogation provisions, saying that some claims were preempted by federal law and that the plan administrator acted in accordance with plan terms in denying benefits (Joe Hollingshead v. Aetna Health Inc., No. 13-231, S.D. Texas; 2014 U.S. Dist. LEXIS 18770).