WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 5 denied a petition for a writ of certiorari by a pro se plaintiff who argued that experts in his Zicam injury lawsuit were improperly excluded (Michael D. Nelson v. Matrixx Initiatives, et al., No. 14-1389, U.S. Sup.).
WASHINGTON, D.C. - In the Oct. 5 orders list, the U.S. Supreme Court invited the views of the solicitor general in a dispute that raises questions about third-party induced patent infringement and the multiple-component rule (Life Technologies Corp. v. Promega Corp., No. 14-1538, U.S. Sup.).
MONTGOMERY, Ala. - R.T. Vanderbilt Co. Inc. filed a motion focused on product identification issues, but then improperly argued and obtained judgment on causation issues surrounding whether its talc contained asbestos, Alabama's Supreme Court held Sept. 30 (Frank Kruse, et al. v. Vanderbilt Minerals LLC, f/k/a R.T. Vanderbilt Company Inc., No. 1121382, Ala. Sup.; 2015 Ala. LEXIS 121).
NEW ORLEANS - The federal judge presiding over litigation stemming from Chinese drywall did not err when denying a motion to enjoin a Florida from pursuing class action claims in Florida state court over the loss of market value of his condominium, a Fifth Circuit U.S. Court of Appeals panel ruled, finding that the claims are not subject to two settlements resolving claims over the product (In re: Chinese-Manufactured Drywall Products Liability Litigation, No. 14-31355, 5th Cir.; 2015 U.S. App. LEXIS 17407).
WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 5 denied certiorari in a disability claimant's suit alleging that the disability insurer wrongfully terminated her benefits under the Employment Retirement Income Security Act (Rachael Cook v. Aetna Life Insurance Co., et al., No. 14-1449, U.S. Sup.).
WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 5 declined review of a Second Circuit U.S. Court of Appeals ruling overturning the conviction of two portfolio managers alleged to have engaged in an insider trading scheme (United States of America v, Todd Newman, et al., No. 15-137, U.S. Sup.).
NEW YORK - Dismissal of a first amended complaint in a securities class action lawsuit is proper because the lead plaintiff failed to properly plead materiality in making its federal securities law claims, a federal judge in New York ruled Sept. 29 (In re Ply Gem Holdings Inc. Securities Litigation, No. 14-3577, S.D. N.Y.; 2015 U.S. Dist. LEXIS 131203).
NEW YORK - A pension plan must be reformed to provide the benefits reasonably expected by a class of plan participants as a result of the plan's misrepresentations, a New York federal judge said Sept. 29 after determining that the evidence submitted by the class plaintiffs fully supported their claims against the plan (Geoffrey Osberg v. Foot Locker Inc., et al., No. 07-1358, S.D. N.Y.; 2015 U.S. Dist. LEXIS 132054).
PHILADELPHIA - A former employee of The Coca-Cola Co. has standing to sue the beverage giant related to the theft of laptops that contained his personally identifiable information (PII), a Pennsylvania federal judge ruled Sept. 30, declining to dismiss for lack of standing. However, the judge granted partial dismissal of the putative class action, finding that claims for negligence and fraud were not properly pleaded (Shane K. Enslin v. The Coca-Cola Co., et al., No. 2:14-cv-06476, E.D. Pa.; 2015 U.S. Dist. LEXIS 133168).
TRENTON, N.J. - A New Jersey federal judge on Sept. 29 denied several motions by the secretary of the Labor to exclude expert testimony in a lawsuit alleging fraudulent activity in the purchase of an employee stock ownership plan (ESOP) (Thomas E. Perez, Secretary of Labor, et al. v. First Bankers Trust Services, Inc., et al., No. 12-4450, D. N.J.; 2015 U.S. Dist. LEXIS 130749).
NEW YORK - A law firm on Sept. 30 announced that a group of Greek investors have formally filed an arbitration proceeding against the Republic of Cyprus, seeking damages related to a bailout and financial crisis in Cyprus.
DENVER - A Colorado federal judge on Sept. 29 refused to adopt a magistrate judge's report and recommendation that dismissed a Mexican gold mining company's lawsuit against a resource company for lack of jurisdiction, ordering the mining entity to now show cause as to why the dispute should not be arbitrated (Dynaresource De Mexico, S.A. de C.V., et al. v. Goldgroup Resources Inc., No. 14-cv-01527, D. Colo.; 2015 U.S. Dist. LEXIS 131430).
DENVER - A commercial general liability insurer had no duty to defend an additional insured in an underlying construction defects lawsuit, a Colorado federal judge ruled Sept. 29; however, the judge held that genuine issues of material fact preclude a finding that the insurer had a duty to defend its insured (Zurich American Insurance Co. v. American Guarantee and Liability Insurance Co. v. Acadia Insurance Co., No. 14-01273, D. Colo.; 2015 U.S. Dist. LEXIS 132836).
SALT LAKE CITY - Because water and resulting mold damage occurred over an extensive period of time and were not caused by a sudden and accidental escape of water, an insurer did not breach its contract or act in bad faith in denying a homeowner's claim, a Utah federal judge said Sept. 29 (Thomas Wheeler v. Allstate Insurance Co., et al., No. 12-193, D. Utah; 2015 U.S. Dist. LEXIS 131736).
COLUMBUS, Ohio - A federal magistrate judge in Ohio on Sept. 30 granted in part the state's request for a preliminary injunction, ruling that three former owners of a property where trichloroethylene (TCE) was used during their manufacturing processes should be required to install groundwater monitoring wells and take quarterly samples in an effort to prevent the spread of contamination to sources of public drinking water (State of Ohio, ex rel. Michael Dewine Ohio Attorney General v. Superior Fibers Inc., et al., No. 14-cv-1483, S.D. Ohio; 2015 U.S. Dist. LEXIS 132885).
BROOKLYN. N.Y. - A federal judge in New York on Sept. 30 awarded a tenant $587,078.98 for groundwater contamination damages that were caused by the negligence of her landlord (Helene K. Tobin v. Ivan Gluck, et al., Nos. 07-1605 and 11-3985, E.D. N.Y.; 2015 U.S. Dist. LEXIS 133812).
GREENBELT, Md. - Attorneys for United Parcel Service Inc. (UPS) and a former employee who sued the company for pregnancy discrimination, in a suit that was decided by the U.S. Supreme Court in March, filed a stipulation of dismissal on Oct. 1, stating that they reached a resolution of all claims (Peggy Young v. United Parcel Service, Inc., No. 08-2586, D. Md.).
CHICAGO - A general contractor can face a condominium owners association's claim for breach of the implied warranty of habitability, an Illinois appeals panel ruled Sept. 30, after finding that the association was unable to show that the defendant was insolvent (Board of Managers of Park Point at Wheeling Condominium Association v. Park Point at Wheeling LLC, et al., No. 1-12-3452, Ill. App., 1st Dist., 4th Div.; 2015 Ill. App. LEXIS 755).
PHOENIX - Having excluded an expert from testifying that chafing was caused by a defect in the way in which a battery cable was secured in a car that caused a fire to a home, an Arizona federal magistrate judge granted summary judgment on Sept. 29 to BMW of North America LLC on a negligence claim (Philadelphia Indemnity Insurance Co., et al. v. BMW of North America LLC, et al., No. 13-01228, D. Ariz.; 2015 U.S. Dist. LEXIS 131218).
CONCORD, N.H. - A federal judge in New Hampshire on Sept. 29 denied a reinsurer's motion for judgment on the pleadings, finding that England's six-year statute of limitations applies and that the reinsured's breach of contract claim is therefore timely (TIG Insurance Company v. EIFlow Insurance Limited, No. 14-cv-00459, D. N.H.).
NEW BERN, N.C. - A North Carolina federal judge on Sept. 29 determined that a retirement committee overseeing a pension plan is entitled to equitable contribution and reimbursement from plan participants for overpayments of pension benefits (Retirement Committee of DAK Americas LLC, et al. v. Rodney B. Smith, et al., No. 14-36, E.D. N.C.; 2015 U.S. Dist. LEXIS 133286).
BROOKLYN, N.Y. - An insurer has a duty to defend an insured in underlying actions alleging property damage from the insured's demolition and excavation work, a New York federal judge ruled Sept. 29; however, the judge found that the duty-to-indemnify issue is premature (Scottsdale Insurance Co. v. United Industries & Construction Corp., No. 12-5732, E.D. N.Y.; 2015 U.S. Dist. LEXIS 133392).