WILMINGTON, Del. - The federal bankruptcy judge presiding over the Chapter 11 case of Tribune Co. on July 13 issued an opinion overruling the objections to confirmation of Tribune's fourth amended Chapter 11 reorganization plan, determining that the plan properly addressed issues related to senior loan agreements that had prevented approval of earlier plans (In Re: Tribune Company, No. 08-13141, Chapter 11, D. Del. Bkcy.).
PHILADELPHIA - The Pennsylvania federal judge overseeing the Zoloft birth defect multidistrict litigation on July 12 and 13 appointed plaintiff and defense leadership (In Re: Zoloft (Sertraline Hydrochloride) Products Liability Litigation, MDL Docket No. 2342, No. 2:13-md-2342, E.D. Pa.). Subscribers may view the order available within the full article.
CHICAGO - An Illinois federal judge on July 13 dismissed a shareholder derivative lawsuit and said a shareholder failed to prove that presuit demand on a company's board of directors would have been futile (Gordon, Derivatively on Behalf of Navigant Consulting, Inc., v. William M. Goodyear, et al., No. 12-cv-00369, N.D. Ill.; 2012 U.S. Dist. LEXIS 97623).
PEORIA, Ill. - Two plaintiff railroad safety experts lacked factual and scientific support for their opinions about when a train's horn and warnings were used before it crashed into a car stalled in a crossing, killing the car's driver, a federal magistrate in Illinois held July 13 in excluding their opinions from a wrongful death case (Tanya Nunez v. BNSF Railway Co., No. 09-4037, C.D. Ill.; 2012 U.S. Dist. LEXIS 97411).
PHILADELPHIA - A Pennsylvania federal judge on July 12 granted defendants' motion to dismiss a breach of contract and misappropriation of trade secrets dispute between a claims auditing company and health insurers, saying a contract between the parties required any dispute to be brought in state court (Medical Reimbursement Data Management v. Aetna Health Inc No. 12-1699, E.D. Pa.; 2012 U.S. Dist. LEXIS 97583).
ROCHESTER, N.Y. - After deeming a plaintiff likely to succeed on the merits of trademark infringement claims, a New York federal judge on July 13 granted preliminary injunctive relief (Mrs. United States National Pageant Inc. v. Miss United States of America Organization LLC et al., No. 12-613, W.D. N.Y.; 2012 U.S. Dist. LEXIS 97147).
CENTRAL ISLIP, N.Y. - Pursuant to a stipulation by competing online fragrance firms, a New York federal judge on July 12 agreed to dismiss most of the claims in a dispute over allegedly misappropriated pictures and metatags, leaving only a claim for copyright infringement (FragranceNet.com Inc., et al. v. FragranceX.com Inc., No. 2:06-cv-02225, E.D.N.Y.). Subscribers may view the stipulation and order available within the full article.
NEW YORK - A company's purchase of substantially all of an asbestos-containing valve company's assets creates sufficient questions regarding whether the purchase constituted a de facto merger, a New York justice held in an opinion posted July 12 (Robert N. Wexler and Betsy Wexler v. A.O. Smith Water Products Co., No. 190223/11, N.Y. Sup., New York Co.; 2012 N.Y. Misc. LEXIS 3233).
SAN FRANCISCO - Automated teller machine (ATM) cardholders lack standing to seek antitrust damages related to the fixed interchange fee that a card-issuing bank pays to the ATM owner and the foreign ATM fee that the cardholder pays to his bank when the cardholder uses ATMs owned by other institutions, the Ninth Circuit U.S. Court of Appeals affirmed July 12 (In re: ATM Fee Antitrust Litigation, Pamela Brennan, et al. v. Concord EFT, Inc., et al., No. 10-17354, 9th Cir.; 2012 U.S. App. LEXIS 14265).
CHICAGO - An insurer's rescission counterclaims are barred by the Financial Institutions Reform, Recovery and Enforcement Act (FIRREA) 12 U.S.C.S. § 1821, a Illinois federal judge ruled July 10, dismissing the counterclaims against the Federal Deposit Insurance Corp. in a coverage dispute arising from insured bank employees' alleged wrongful misconduct (The Federal Deposit Insurance Corporation v. OneBeacon Midwest Insurance Company, No. 11 C 3972, N.D. Ill., Eastern Div.; 2012 U.S. Dist. LEXIS 94922).
WASHINGTON, D.C. - Judicial Watch Inc. cannot have access to the identities of individuals included in a chain of 12 emails about possible attendees to a briefing between U.S. and Canadian companies concerning the Keystone XL pipeline, a federal magistrate judge in the District of Columbia ruled July 12, after finding that the information is protected by the deliberative process privilege (Judicial Watch Inc. v. U.S. Department of State, No. 11-1152, D. D.C.; 2012 U.S. Dist. LEXIS 96273).
ATLANTA - The 11th Circuit U.S. Court of Appeals on July 12 rejected a cruise line worker's arguments that an arbitration clause in his employment contract was invalid as against public policy, affirming a Florida federal court's decision to compel arbitration of his injury-related claims against a cruise line (Kenneth Fernandes v. Carnival Corporation, d.b.a. Carnival Cruise Lines, No. 09-15675, 11th Cir.; 2012 U.S. App. LEXIS 14270).
DENVER - Insureds have failed to establish that a stay of an advertising injury coverage lawsuit pending the 10th Circuit U.S. Court of Appeals' resolution of their mandamus petition is appropriate, a Colorado federal judge ruled July 12, denying the motion (Dish Network Corporation, et al. v. Arch Specialty Insurance Company, et al., No. 09-cv-00447-JLK, D. Colo.; 2012 U.S. Dist. LEXIS 96416).
CHICAGO - An ERISA-governed disability insurer that terminated benefits to a claimant with chronic back problems acted reasonably, the Seventh Circuit U.S. Court of Appeals ruled July 10 (Susan Marantz v. Permanente Medical Group Inc., et al., No. 10-1136, 7th Cir.; 2012 U.S. App. LEXIS 14004).
ST. LOUIS - An Eighth Circuit U.S. Court of Appeals panel on July 12 upheld the dismissal of a Minnesota couple's lawsuit against Mortgage Electronic Registration Systems Inc. (MERS) and Aurora Loan Services Inc. after agreeing with a federal judge that the plaintiffs failed to state a claim upon which relief could be granted (Gary Cox, et al. v. Mortgage Electronic Systems Inc., et al., No. 11-2646, 8th Cir.; 2012 U.S. App. LEXIS 14245).
WASHINGTON, D.C. - A federal judge in Washington on July 11 partially dismissed a consumer's class action lawsuit against a debt collector and one of its managing partners for lack of proper venue but transferred the case to another federal district court where the venue would be proper (Juliette Murdoch v. Rosenberg & Associates LLC, et al., No. 12-36, D. D.C.; 2012 U.S. Dist. LEXIS 95580).
DALLAS - A federal judge in Texas on July 11 granted summary judgment in favor of a bank alleged to have violated the Electronic Fund Transfer Act (EFTA) by not posting an ATM fee notice because the photographs of the ATM without a notice submitted by the plaintiff are undated and do not describe the location or identity of the operator of the ATM ((Frank Bonarrigo v. Prosperity Bank, No. 11-03555, N.D. Texas; 2012 U.S. Dist. LEXIS 96653).
ST. LOUIS - A Missouri appeals panel on July 10 reversed summary judgment in favor of a contractor and its insurer against a subcontractor's insurer regarding an underlying judgment because the finding did not delineate between the amount of damages to the subcontractor's work and the amount of damages to other parts of the property (Assurance Company of America and DHP Systems Inc. v. Secura Insurance Co. and Missouri Valley Glass, No. ED96627, Mo. App., Eastern Dist., Div. 2; 2012 Mo. App. LEXIS 883).
JACKSON, Miss. - Without entirely foreclosing on the idea that he would rule on asbestos experts' summary judgment motions in an action challenging the legitimacy of their opinions, a federal judge found dismissal of the action "proper and valid," according to a July 12 minute entry on the docket (National Service Industries Inc., f/d/b/a North Inc. v. Jay T. Segarra, M.D., et al., No. 09-83, S.D Miss.).
NEW YORK - A Second Circuit U.S. Court of Appeals panel, in an unpublished opinion issued July 12, affirmed a lower court decision and found that an investment fund could not bring derivative claims against a company's directors and officers (In re: Ambac Financial Group, Incorporated, No. 11-4643, 2nd Cir.; 2012 U.S. App. LEXIS 14229).
NEW ORLEANS - A panel of the Fifth Circuit U.S. Court of Appeals on July 12 affirmed a bankruptcy court's ruling dismissing a debtor's former husband's child support claim because the debtor was likely to win a claim that would have offset the amount she owed him (In the Matter of: Lisa Ann Galaz, No. 11-50761, Chapter 13, 5th Cir.; 2012 U.S. App. LEXIS 14261).
SIOUX CITY, Iowa - An Iowa federal magistrate judge on July 11 denied a motion by the Federal Deposit Insurance Corp., as receiver of an insured bank, for early discovery in a directors and officers coverage dispute (Progressive Casualty Insurance Company v. Federal Deposit Insurance Corporation, et al., No. C12-4041-DEO, N.D. Iowa, Western Div.; 2012 U.S. Dist. LEXIS 96337).
WASHINGTON, D.C. - A young woman failed to prove that a hepatitis B vaccine caused or aggravated her Crohn's disease, a panel of the Federal Circuit U.S. Court of Appeals ruled July 12 (Jennifer Locane v. Secretary of Health and Human Services, No. 11-5131, Fed. Cir.; 2012 U.S. App. LEXIS 14304).
ATLANTA - The 11th Circuit Court of Appeals on July 12 ruled that a district court erred when it found that it did not have subject matter jurisdiction over a dispute involving a failed bank because the Federal Deposit Insurance Corp. had not been formally substituted in a state court action prior to removal (North Savannah Properties LLC, et al. v. Federal Deposit Insurance Corp., No. 11-12784, 11th Cir.; 2012 U.S. App. LEXIS 14324).
NEW YORK - A federal judge in New York on July 11 granted in part and denied in part a number of dismissal motions in a securities class action lawsuit against Bank of America Corp. (BoA), several of its current and former officers and directors and others for alleged violations of federal securities laws (Pennsylvania Public School Employees' Retirement System v. Bank of America Corp., et al., No. 11-733, S.D. N.Y.).Subscribers may view the opinion available within the full article.