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.).
SYDNEY, Australia - An Australian justice on March 7 refused to award set-off costs in an action in which a tenant alleged that a property was unsafe, finding that a housing authority had made an offer to settle the costs of the case, which was refused (El-Saeidy v NSW Land & Housing Corporation, $(No$) $(2013$) NSWSC 1554, New South Wales Sup.).
CHICAGO - The lead plaintiff in a shareholder derivative lawsuit argued in a federal court in Illinois on March 6 that an arm's-length negotiated settlement should be preliminarily approved (In re Abbott-Depakote Shareholder Derivative Litigation, No. 11-cv-08114, N.D. Ill.).
CENTRAL ISLIP, N.Y. - Insureds have failed to provide a timely proof of loss for their $204,000 additional claim for damage to the foundation and floor system of their premises that sustained flood damage caused by Hurricane Irene, a New York federal judge ruled March 6, granting a federal flood insurer's motion for summary judgment (Christine Zuk, et al. v. Allstate Insurance Co., No. 12-CV-4186 $(SJF$)$(AKT$), E.D. N.Y.; 2014 U.S. Dist. LEXIS 30005).
DENVER - A request by a copyright infringement plaintiff for the identity of "all persons" who had access to the Internet at the home of a defendant must be answered, a Colorado federal magistrate judge ruled March 7 (reFX Audio Software Inc. v. Keith Estes, No. 12-3146, D. Colo.).
NEWARK, N.J. - Confusion over the sequence of events perfectly illustrates why the existence of an unserved forum defendant bars removal of an asbestos action involving exposure from dentistry work, a New Jersey federal judge held March 10, granting remand (Kay Hokanson, et al. v. Kerr Corp; Patterson Companies Inc., et al., No. 13-4534, D. N.J.; 2014 U.S. Dist. LEXIS 30477).
NEW ORLEANS - Claims time-barred in state court may not be revived by Federal Rule of Civil Procedure 15(c) once the case is removed to federal court, the Fifth Circuit U.S. Court of Appeals ruled March 10 (Reinaldo J. Taylor v. Bailey Tool & Manufacturing Company, No. 13-10715, 5th Cir.; 2014 U.S. App. LEXIS 4438).
WILMINGTON, Del. - A creditor in the Chapter 11 bankruptcy of oil and gas company Green Field Energy Services Inc. (GFES) on March 10 filed a brief in the U.S. Bankruptcy Court for the District of Delaware objecting to the company's plan to sell certain assets on grounds that the sale would not generate the $5,089,433.11 that the creditor contends it is guaranteed based on a lease agreement between the parties (In Re: Green Field Energy Services Inc., No. 13-12783, Chapter 11, D. Del. Bkcy.).
SACRAMENTO, Calif. - Construction companies failed to assert professional negligence and constructive fraud claims against an insurance broker regarding a failed workers' compensation program, a California appeals panel held March 10, affirming summary judgment in favor of the insurance broker (Mark Tanner Construction Inc., et al. v. HUB International Insurance Services Inc., No. C071176, Calif. App., 3rd Dist.; 2014 Cal. App. LEXIS 219).
PEORIA, Ill. - A federal judge in Illinois on March 7 adopted a federal magistrate judge's report and recommendation and granted in part and denied in part a motion to strike affirmative defenses in a suit arising from loans issued by a failed bank and a subsequent auction, finding that certain of the defenses are legally insufficient (EBC Asset Investment Inc. v. Sullivan Auctioneers LLC, No. 13-1378, C.D. Ill.; 2014 U.S. Dist. LEXIS 29458).
WASHINGTON, D.C. - In light of a January 2014 U.S. Supreme Court ruling that a patentee-licensor bears the burden of persuasion on the issue of infringement in defending a declaratory judgment action, the Federal Circuit U.S. Court of Appeals on March 11 affirmed a Delaware federal judge's determination of noninfringement (Medtronic Inc. v. Boston Scientific Corp. et al., Nos. 11-1313, 1372, Fed. Cir.).
ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on March 10 said Arkansas would not recognize an "over-promotion" exception to the state's learned intermediary defense, and even if it did, a Zyprexa patient presented no evidence that a sales representative overrode the drug's warning about the risk of tardive dyskinesia (Timothy Boehm v. Eli Lilly & Company, No. 13-1350, 8th Cir.; 2014 U.S. App. LEXIS 4371).
DENVER - The 10th Circuit U.S. Court of Appeals on March 10 affirmed a lower federal court's ruling that an insurer has no duty to provide directors and officers liability coverage to a bank and its employees who were accused of preparing and executing fraudulent deeds of trust (Western Heritage Bank, et al. v. Federal Insurance Co., No. 13-2077, 10th Cir.; 2014 U.S. App. LEXIS 4383).
ATLANTIC CITY, N.J. - A New Jersey state court jury on March 11 found that Hoffman-La Roche failed to adequately warn that its former acne drug Accutane could cause ulcerative colitis and awarded the plaintiff $1,587,928 for past medical expenses and for pain and suffering (Kamie Kendall Rees v. Hoffman-La Roche Inc., No. 008213-05, N.J. Super., Atlantic Co.).
LOS ANGELES - A California woman filed a complaint in state court on March 6, contending that her teenage son was seriously injured while participating in a Pop Warner football game (Crystal Dixon v. Pop Warner Little Scholars Inc., et al., No. BC526842, Calif. Super., Los Angeles Co.).
HATTIESBURG, Miss. - A Mississippi couple on March 7 filed a lawsuit in federal court, alleging that they are wrongfully being held responsible for more than $50,000 in medical claims after the company responsible for making premium payments for their Pre-existing Condition Insurance Plan (PCIP) provided for under the Patient Protection and Affordable Care Act (ACA) failed to make the payments (Thomas and Wanda Carruth v. The Outsource Group, et al., No. 14-33, S.D. Miss.).
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).
FORT SMITH, Ark. - An Arkansas federal judge on March 10 dismissed a subrogation dispute, saying the plaintiff failed to exhaust administrative remedies as required by the Medicare Act before filing the suit (Darrell Richard Cupp v. Dane F. Johns, et al., No. 14-2016, W.D. Ark.; 2014 U.S. Dist. LEXIS 30537).
DENVER - An international art dealer and his art galleries on March 7 won dismissal of copyright infringement allegations when a Colorado federal judge agreed that the plaintiff in the case lacks standing (Lou Lou Goss v. Paul Zueger et al., No. 12-1424, D. Colo.).
DENVER - An insured and its insurers notified a Colorado federal judge on March 7 of a settlement in their coverage dispute regarding payment for an underlying settlement of a construction defect case against the insured (Okland Construction Company Inc. v. The Phoenix Insurance Co., et al., No. 11-2652, D. Colo.; 2014 U.S. Dist. LEXIS 28803).
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on March 10 rejected a worker's claim that he was wrongfully fired after testing positive for a controlled substance without a prescription during a random drug test at work (Sergio Cardiel v. Apache Corporation, No. 13-10646, 5th Cir.; 2014 U.S. App. LEXIS 4434).
WILMINGTON, Del. - Bankrupt Major League Baseball team Los Angeles Dodgers LLC on March 10 filed a brief in the U.S. Bankruptcy Court for the District of Delaware contending that a creditor's motion seeking permission to file a late claim should be denied because he cannot provide a valid reason for his "extreme delay" in filing his claim (In Re: Los Angeles Dodgers LLC, No. 11-12010, Chapter 11, D. Del. Bkcy.).
NEW YORK - The U.S. trustee in the Chapter 11 bankruptcy of Lightsquared Inc. on March 10 filed a brief in the U.S. Bankruptcy Court for the Southern District of New York objecting to the company's plan of reorganization, contending that it contains releases for certain parties that do not comply with the Bankruptcy Code (In Re: Lightsquared Inc., No. 12-12080, Chapter 11, S.D. N.Y. Bkcy.).
NEW ORLEANS - Genuine issues of material fact exist as to whether an insurer acted in an arbitrary and capricious manner by attributing a building's roof damage to tarps installed after it was damaged by a hurricane, a Louisiana federal judge ruled March 7, denying summary judgment on a bad faith claim against the building's insurers (Cedar Ridge LLC v. Landmark American Insurance Co., et al., No. 13-672, E.D. La.; 2014 U.S. Dist. LEXIS 29602).