WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals' practice of reviewing, de novo, factual findings by a district court in support of its claim construction in a patent case is improper, an attorney told the U.S. Supreme Court Oct. 15 (Teva Pharmaceuticals USA Inc. et al. v. Sandoz Inc. et al., No. 13-854, U.S. Sup.).
WILMINGTON, Del. - A Delaware federal bankruptcy judge on Oct. 14 issued a final decree closing the Chapter 11 cases of 15 affiliates of W.R. Grace & Co. (In re: W.R. Grace & Co., et al., No. 01-01139, D. Del. Bkcy.).
PROVIDENCE, R.I. - While two plaintiffs' asbestos cases involve different times of exposure, the fact that they each spent significant time at a single facility warrants consolidating their cases for trial, a Rhode Island judge held Oct. 10 (Maureen Gallagher, et al. v. American Insulated Wire Corp., et al., No. PC11-5269, Constance Podedworney, et al. v. American Insulated Wire Corp., et al., No. PC11-5268, R.I. Super., Providence Plantation; 2014 R.I. Super. LEXIS 144).
NEW HAVEN, Conn. - An insurer told a federal court in Connecticut on Oct. 13 that its reinsurer has refused to pay reinsurance billings related to claims against a company over injuries allegedly caused by the company's asbestos-containing products (Travelers Casualty and Surety Company v. Excalibur Reinsurance Corp., No. 14-cv-1504, D. Conn.).
BOSTON - A reinsurer told a federal court in Massachusetts on Oct. 14 that its reinsured's application to confirm an arbitration award should be dismissed because the reinsurer has fully satisfied the arbitration award (Liberty Mutual Insurance Company v. R&Q Reinsurance Company, No. 14-cv-13306, D. Mass.).
SEATTLE - A Washington federal judge on Oct. 10 agreed to certify two questions regarding pay for agricultural workers during rest breaks to the Washington Supreme Court, opining that "they have significant implications for the lives of thousands of workers and employers" (Francisco Eugenio Paz, et al. v. Sakuma Brothers Farms Inc., No. 13-1918, W.D. Wash.; 2014 U.S. Dist. LEXIS 145526).
HONOLULU - Construction defects claims against an insured do not allege an "occurrence" under contractors' insurance policies, a Hawaii federal judge ruled Oct. 14, granting default judgment to the insurer (State Farm Fire and Casualty Co. v. RK Wooten d/b/a RKW Drywall Interiors, No. 14-00094, D. Hawaii; 2014 U.S. Dist. LEXIS 146196).
FRESNO, Calif. - A California federal judge on Oct. 14 dismissed commercial general liability insurers' claims for declaratory judgment, breach of contract and equitable reimbursement in their lawsuit over rights by them and their insured in handling an underlying construction defects case (Travelers Indemnity Company of Connecticut, et al. v. Centex Homes, et al., No. 14-1235, E.D. Calif.; 2014 U.S. Dist. LEXIS 146456).
NEW ORLEANS - A Louisiana federal judge held Oct. 14 that insureds are not entitled to further payment under a standard flood insurance policy (SFIP) in a breach of contract dispute arising from Hurricane Isaac (Rickey D. Parr, et al. v. Allstate Insurance Co., No. 13-6242, E.D. La.; 2014 U.S. Dist. LEXIS 146372).
FORT MYERS, Fla. - The owners of a Naples, Fla., restaurant named "Sea Salt" won a preliminary injunction on Oct. 14 from a Florida federal judge in their efforts to force Miami's "Seasalt and Pepper" restaurant to change its name (Nane Jan LLC v. Seasalt and Pepper LLC, No. 14-208, M.D. Fla.; 2014 U.S. Dist. LEXIS 146309).
DENVER - After finding that a bank as the holder of a promissory note had standing to foreclose on a property, a Colorado federal judge on Oct. 14 granted the bank's motion to dismiss an action for quiet title and declaratory relief against it (Vivian L. Rader, et al. v. Citibank, N.A., et al., No. 14-cv-00784, D. Colo.; 2014 U.S. Dist. LEXIS 146253).
CINCINNATI - A disability insurer did not violate the Employee Retirement Income Security Act by denying benefits to a participant suffering from fibromyalgia for failure to provide objective evidence of functional limitations, the Sixth Circuit U.S. Court of Appeals affirmed Oct. 10 in an unpublished opinion (Taylor Hunt v. Metropolitan Life Insurance Company, No. 13-1724, 6th Cir.).
WASHINGTON, D.C. - A Michigan federal judge did not err in holding that two claim terms in a diagnostic tester patent invoke 35 U.S. Code Section 112, Paragraph 6, nor in concluding that the specification of the patent at issue does not disclose corresponding structure for the terms, the Federal Circuit U.S. Court of Appeals ruled Oct. 14 (Robert Bosch LLC v. Snap-On Incorporated, et al., No. 14-1040, Fed. Cir.).
ATLANTA - A panel of the 11th Circuit U.S. Court of Appeals on Oct. 14 remanded a case to North Carolina federal court, concluding that federal law does not preempt statutes of repose and determining that North Carolina's statute does not contain an exception for latent diseases (Erica Y. Bryant, et al. v. United States of America, No. 12-15424, 11th Cir.; 2014 U.S. App. LEXIS 19670).
CHICAGO - An Illinois federal judge on Oct. 10 refused to stop USA Today from seeking subpoenaed documents produced by Janssen Pharmaceuticals Inc. and Cephalon Inc. because the requested information predated the filing of Chicago's opioid marketing lawsuit and is not subject to a subsequent court protective order (City of Chicago v. Purdue Pharma L.P., et al., No. 14-4361, N.D. Ill., Eastern Div.; 2014 U.S. Dist. LEXIS 146362).
BOSTON - Complying with a court order, parties to a number of reinsurance agreements proposed arbitration umpire candidates to a federal court in Massachusetts on Oct. 14 (Nationwide Mutual Insurance Company v. Liberty Mutual Insurance Company, No. 13-cv-12910, D. Mass.).
ALBANY, N.Y. - An insurer on Oct. 14 asked a New York federal court to reconsider its summary judgment ruling last month in a coverage dispute over a $1.2 million theft by the insured's former manager of accounting (Dataflow Inc., et al. Peerless Insurance Co., No. 3:11-CV-1127 [LEK/DEP], N.D. N.Y.; 2014 U.S. Dist. LEXIS 138042).
WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 14 declined to review an asbestos case challenging denial of a remand order, leaving in place a ruling plaintiffs warned could result in "unlimited" federal officer removal (Douglas P. Leite and Mary Ann K. Leite v. Crane Co., et al., No. 14-119, U.S. Sup.).
WASHINGTON, D.C. - Listening to arguments by Kansas about Nebraska's violation of a 2006 Republican River water rights settlement, U.S. Supreme Court Justice Stephen G. Breyer on Oct. 14 asked Nebraska's lawyer: "Is there any chance that you all could work this out?" (State of Kansas v. State of Nebraska, et al., No. 126, Original, U.S. Sup.).
FRESNO, Calif. - A California federal magistrate judge on Oct. 10 denied a request by plaintiffs in a wage-and-hour suit for a protective order preventing their employers from taking depositions of absent class members as a part of a "pilot study" (Sabas Arredondo, et al. v. Delano Farms Co., et al., No. 09-1247, E.D. Calif.; 2014 U.S. Dist. LEXIS 145562).
COLUMBUS, Ohio - An Ohio judge and two state assistant attorneys general saw First Amendment charges against them dismissed Oct. 10, with an Ohio federal judge finding that they were immune from a man's claims related to the presentation and admission of his anonymous Internet postings in an underlying malpractice suit against a dental school (Gregory B. Morgan v. Judge Dale Crawford, et al., No. 2:14-cv-01609, S.D. Ohio; 2014 U.S. Dist. LEXIS 145695).
NEW YORK - A federal judge in New York on Oct. 13 rejected lead plaintiffs' motion in a securities class action lawsuit to vacate a previous ruling based on their finding of new evidence, finding that the lead plaintiffs failed to bring the evidence at the time of the defendants' motion for reconsideration (In re SAIC Inc. Securities Litigation, No. 12-1353, S.D. N.Y.; 2014 U.S. Dist. LEXIS 13629).
CINCINNATI - Although a lead plaintiff in a securities class action lawsuit properly pleaded a material misrepresentation and omission, it has failed to plead scienter and dismissal of its claims was proper, a Sixth Circuit U.S. Court of Appeals panel ruled Oct. 10 (In re Omnicare Inc. Securities Litigation, No. 13-5597, 6th Cir.; 2014 U.S. App. LEXIS 19326).
KANSAS CITY, Kan. - A Kansas federal judge on Oct. 10 overruled a joint motion seeking approval of a $350,000 settlement in a wage-and-hour collective action filed by meat workers who allege that they are improperly compensated under a "gang time" system (Valente Sandoval Barbosa, et al. v. National Beef Packing Company, LLC, No. 12-2311, D. Kan.; 2014 U.S. Dist. LEXIS 144439).
LAKELAND, Fla. - A Florida appeals panel on Oct. 10 affirmed a lower court's ruling that insureds' breach of contract and declaratory judgment lawsuit against an insurer is barred by the state's one-year statute of limitations (Madeline Betancourt, et al. v. Florida Insurance Guaranty Association Inc., No. 2D13-265, Fla. App., 2nd Dist.; 2014 Fla. App. LEXIS 15858).