CEDAR RAPIDS, Iowa - A federal judge in Iowa on March 10 granted certain of the Federal Deposit Insurance Corp.'s discovery requests in a suit Progressive Casualty Insurance Co. brought seeking a determination that it was not required to cover a suit the FDIC filed against the former officers and directors of the failed Vantus Bank (Progressive Casualty Insurance Co. v. Federal Deposit Insurance Corp., et al., No.12-4041, N.D. Iowa; 2014 U.S. Dist. LEXIS 30354).
PORTLAND, Maine - Conagra Grocery Products LLC failed to sufficiently state claims against the federal government for contribution under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), a federal judge in Maine ruled March 12, finding that although the government funded and provided permits for a wastewater treatment facility on the property at issue, it was neither an operator nor arranger under the statute (United States of America v. Conagra Grocery Products LLC, No. 11-cv-455-NT, D. Maine; 2014 U.S. Dist. LEXIS 31847).
NEW YORK - A creditor in the Chapter 11 bankruptcy of Eastman Kodak Co. on March 12 filed a brief objecting to the company's proposed reduction of its claim, arguing that Kodak submitted no evidence to support its proposal (In Re: Eastman Kodak Company, No. 12-10202, Chapter 11, S.D. N.Y. Bkcy.).
CHEYENNE, Wyo. - The Wyoming Supreme Court unanimously adopted a trade secret standard for application of the Wyoming Public Records Act to requests for disclosure of hydraulic fracturing fluid components on March 12 and remanded a lawsuit filed by environmental watchdogs against state gas and oil regulators to permit a state district court to develop the record (Powder River Basin Resource Council, et al. v. Wyoming Oil and Gas Conservation Commission, et al., No. 13-120, Wyo. Sup.; 2014 Wyo. LEXIS 38).
SAN DIEGO - The Fourth District California Court of Appeal on March 11 affirmed a defense verdict in a product liability case, disagreeing with the plaintiff's contention that the trial court judge's ownership interest of certain insurance companies disqualifies him (Shelley Brown v. American Bicycle Group LLC, No. D063268, Calif. App., 4th Dist., Div. 1; 2014 Cal. App. LEXIS 223).
BOSTON - Allegations of false advertising and copyright infringement levied against the operators of a moving company review website will proceed, but defendants in the action succeeded March 12 in obtaining dismissal of tortious interference and trademark infringement claims (Moving and Storage Inc., et al. v. Martin Panayotov, et al., No. 12-12262, D. Mass.).
CINCINNATI - An Ohio federal judge on March 10 dismissed a plaintiff's state law trade and sales practices claims in a metal-on-metal (MoM) hip lawsuit filed against Smith & Nephew (Lori Smith, et al. v. Smith & Nephew, Inc., No. 1:13-289, S.D. Ohio, W. Div.; 2014 U.S. Dist. LEXIS 30658).
CHICAGO - The federal judge in the U.S. District Court for the Northern District of Illinois presiding over the putative class action brought by investors against bankrupt bitcoin exchange operator MtGox Inc. on March 11 issued an order freezing the company's assets (Gregory Greene, et al. v. MtGox Inc., et al., No. 14-1437, N.D. Ill.).
PHILADELPHIA - The judge overseeing the federal asbestos multidistrict litigation on March 12 granted 5,974 motions to dismiss based on lack of personal jurisdiction, rejecting plaintiffs' claims that supplemental evidence showed the defendants waived the issue (In re: Asbestos Products Liability Litigation [No. VI], Jacobs, et al. v. A-C Product Liability Trust, et al., No. MDL 875, 02-875, E.D. Pa.).
CHICAGO - The federal judge in Illinois presiding over the putative class action filed by investors against MtGox Inc., the operator of a bankrupt bitcoin exchange, issued a one-page order on March 11 staying the lawsuit in light of the company's bankruptcy filing (Gregory Greene, et al. v. MtGox Inc, No. 14-01437, N.D. Ill.).
CHICAGO - Indiana law does not require an insurer to disclose at the time a policy is procured that it may use in-house counsel to represent the insured in a third-party lawsuit, a Seventh Circuit U.S. Court of Appeals panel found March 11, affirming dismissal of an insured's putative class action for bad faith, breach of fiduciary duty and unjust enrichment against her auto insurer (Cindy Golden v. State Farm Mutual Automobile Insurance Co., No. 12-3901, 7th Cir.; 2014 U.S. App. LEXIS 4531).
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).
NEW YORK - Wilmington Trust NA, the senior indenture trustee of bankrupt pharmaceutical company KV Discovery Solutions Inc., on March 11 moved in the U.S. Bankruptcy Court for the Southern District of New York to compel KV to pay $704,728.70 in administrative expenses (In Re: KV Discovery Solutions Inc., No. 12-13346, Chapter 11, S.D. N.Y. Bkcy.).
WASHINGTON, D.C. - The U.S. House on March 11 passed a trio of bills seeking to grant additional religious exemptions from the Patient Protection and Affordable Care Act (ACA)'s individual mandate and excluding military personnel and emergency services volunteers from the law's individual and employer mandates.
WASHINGTON, D.C. - The federal government on March 7 responded to a letter filed in the District of Columbia Circuit U.S. Court of Appeals by plaintiffs in a case challenging an Internal Revenue Service regulation imposed under the Patient Protection and Affordable Care Act (ACA) that extends eligibility for premium assistance subsidies to people who purchase health insurance through exchanges established by the ACA. The plaintiffs' letter addresses a bulletin issued by the Center for Medicare and Medicaid Services (CMS) discussing the tax credits available for individuals who purchase health care coverage through exchanges (Jacqueline Halbig, et al. v. Kathleen Sebelius, et al., No. 14-5018, D.C. Cir.).
MIAMI - The Patient Protection and Affordable Care Act (ACA) provides a simple opt-out procedure for employers with religious objections to the contraceptive mandate, and those with such objections should not be permitted to bar insurers from complying with the law, the government told a Florida federal judge in a March 10 motion to dismiss (Ave Maria School of Law v. Kathleen Sebelius, et al., No. 13-795, M.D. Fla.).
SAN FRANCISCO - A federal district court judge did not err in dismissing a securities class action lawsuit, a Ninth Circuit U.S. Court of Appeals panel ruled March 7, holding that the lead plaintiff in the action failed to properly plead falsity and scienter, (David Applestein, et al. v. Medivation Inc., et al., No. 12-15960, 9th Cir.; 2014 U.S. App. LEXIS 4318).
NEW ORLEANS - Finding that insureds failed to submit the required sworn proof of loss (POL) for their Hurricane Isaac claim, a Louisiana federal judge granted the federal flood insurer's motion for summary judgment on March 10 and dismissed bad faith and negligence claims against the insurer (Karon Morin, et al. v. American Bankers Insurance Company of Florida, et al., No. 13-5972, E.D. La.; 2014 U.S. Dist. LEXIS 31341).
RICHMOND, Va. - A divided Fourth Circuit U.S. Court of Appeals on March 11 partially reversed a jury's wage award for employees of a South Carolina chicken processor, finding that the wage claims were preempted under the Labor Management Relations Act (LMRA); the appellate majority also reversed an award of reinstatement and back pay for six of eight employees who sued alleging retaliation, finding that there was insufficient evidence (Calvin Barton, et al. v. House of Raeford Farms, Incorporated, d/b/a Columbia Farms, Incorporated, No. 12-1943, Shiren Johnson, et al. v. House of Raeford Farms, Incorporated, d/b/a Columbia Farms, Incorporated, No. 12-1945, Jackie Bland, et al. v. House of Raeford Farms, Incorporated, d/b/a Columbia Farms, Incorporated, No. 12-1946, 4th Cir.; 2014 U.S. App. LEXIS 4500).
TAMPA, Fla. - A Florida federal judge on March 10 dismissed an insured's coverage action against its insurer regarding the insurer's duty to defend an underlying construction defect case, saying that the case was settled on behalf of another insurer (Summit Contractors Inc. v. Amerisure Mutual Insurance Co., et al., No. 13-295, M.D. Fla.; 2014 U.S. Dist. LEXIS 31422).
DENVER - A federal judge in Colorado on March 11 dismissed without prejudice an environmental group's claim that the administrator of the U.S. Environmental Protection Agency erred when failing to find that Idaho and Utah violated the Clean Air Act (CAA) by failing to submit state implementation plans (SIPs) for particulate matter 2.5 (PM2.5) in a timely manner, finding that the court lacked jurisdiction over the suit (WildEarth Guardians v. Gina McCarthy, in her official capacity as administrator of the U.S. Environmental Protection Agency, No. 13-cv-1275-WJM-KMT, D. Colo.; 2014 U.S. Dist. LEXIS 31267).
DENVER - A panel of the 10th Circuit U.S. Court of Appeals on March 11 ruled that it lacked subject matter jurisdiction to review a district court's decision to not remand to Oklahoma state court a lawsuit that dealt with issues of federal securities law and allegations that a Chapter 7 debtor made fraudulent transfers during his bankruptcy proceeding (Patrick J. Malloy III v. Commerce Bank, No. 13-5065, 10th Cir.; 2014 U.S. App. LEXIS 4480).
WASHINGTON, D.C. - A final judgment of infringement in connection with a prepaid gift card patent was reversed March 12 by the Federal Circuit U.S. Court of Appeals (E2Interactive Inc. et al. v. Blackhawk Network Inc., No. 13-1151, Fed. Cir.).