CLEVELAND - A panel in Ohio's Eighth District Court of Appeals on June 5 found that a trial court properly instructed the jury, admitted expert testimony and submitted interrogatories in issuing judgment in favor of a homeowners insurer over a dispute regarding a claim for home damages from a fire that was deemed intentionally set (Sandra A. Sanders v. Nationwide Mutual Insurance Co., No. 99954, Ohio App., 8th Dist.; 2014 Ohio App. LEXIS 2336).
SOUTH BEND, Ind. - The Patient Protection and Affordable Care Act (ACA)'s contraceptive mandate is a regulatory scheme imposing belief-violating requirements that the court cannot permissibly judge, religious groups told the Seventh Circuit U.S. Court of Appeals on June 5 (Grace Schools and Biola University Inc. and Diocese of Fort Wayne-South Bend Inc., et al. v. Kathleen Sebelius, et al., Nos. 14-1430, 14-1431, 7th Cir.).
ST. LOUIS - A federal court abused its discretion in excluding a plaintiff's experts' testimony in a products liability case against Mead Johnson & Co. LLC (Mead), the Eighth Circuit U.S. Court of Appeals found June 6, reversing and remanding the case that resulted in an $18,442 judgment in favor of Mead (Scott Johnson v. Mead Johnson & Co. LLC, Nos. 13-1685, 13-2681, 8th Cir.; 2014 U.S. App. LEXIS 10541).
JONESBORO, Ark. - Two physicians and an ambulatory surgery center on June 5 sued a joint venture physician hospital organization and a health insurer in an Arkansas federal court, alleging antitrust violations (Tri State Advanced Surgery Center, et al. v. Health Choice, et al., No. 14-143, E.D. Ark.).
TRENTON, N.J. - In a per curiam opinion, a New Jersey appeals court on June 5 affirmed the dismissal of a reimbursement suit brought by dentists and a dental association against two health insurers for allegedly wrongfully recouping overpayments made, saying statutory provisions allowed the insurers to withhold payment on subsequent claims for the overpayments (New Jersey Dental Association, et al. v. Horizon Blue Cross Blue Shield of New Jersey, et al., No. A-1834-12T3, N.J. Super., App. Div.; 2014 N.J. Super. Unpub. LEXIS 1291).
SAN FRANCISCO - Redbox Automated Retail LLC did not violate California's Song-Beverly Act because its collection of customer information fell within an exception where the customer's credit card was used as a deposit to secure payment in the event of loss or late return, the Ninth Circuit U.S. Court of Appeals said June 6, affirming a federal court's dismissal of a putative class action (John Sinibaldi, et al. v. Redbox Automated Retail LLC, No. 12-55234, 9th Cir.; 2014 U.S. App. LEXIS 10556).
NEW YORK - The Second Circuit U.S. Court of Appeals on June 9 found that a lower federal court erred in ordering the WTC Captive Insurance Co. Inc. to make a $5 million first contingent payment pursuant to the settlement of personal injury claims filed against the City of New York and private contractors by individuals participating in the rescue, recovery and cleanup operations at the World Trade Center site after the Sept. 11, 2001, terrorist attacks, reversing in part (In re: World Trade Center Disaster Site Litigation, No. 11-4021 [consolidated], 2nd Cir.).
WASHINGTON, D.C. - The U.S. Supreme Court on June 9 denied a petition for certiorari filed by a seaman who sought review of a decision that his injury-related claims must be arbitrated under his employment contact with a cruise line (Mahaveer Singh v. Carnival Corp., No. 13-1203, U.S. Sup.).
WASHINGTON, D.C. - The U.S. Supreme Court on June 9 let stand a Second Circuit U.S. Court of Appeals ruling regarding the appropriate standard of review and the enforcement of an equitable lien by agreement in a disability insurance case arising under the Employment Retirement Income Security Act (Sharon Thurber v. Aetna Life Insurance Co., et al., No. 13-130, U.S. Sup.).
NEW ORLEANS - A claims administrator did not abuse its discretion in finding that a man's death by cardiac arrest was caused by something that constituted an accident under a welfare plan governed by the Employee Retirement Income Security Act, the Fifth Circuit U.S. Court of Appeals affirmed June 6 in an unpublished opinion (Pamela L. Parsons v. Metropolitan Life Insurance Company, No. 13-60895, 5th Cir.; 2014 U.S. App. LEXIS 10600).
SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on June 5 denied an emergency petition filed by the National Collegiate Athletic Association seeking to delay the bench trial on student athletes' antitrust claims, scheduled to start June 9, until after a jury trial on student athletes' right-of-publicity claims occurs (In re: National Collegiate Athletic Association, National Collegiate Athletic Association v. United States District Court for the Northern District of California, Oakland, No. 14-71522, 9th Cir.).
BOSTON - An insurer told a federal court in Massachusetts on June 6 that the umpire from an arbitration panel that issued a series of orders should be the umpire on a new panel tasked with interpreting the earlier orders (Liberty Mutual Insurance Company, et al. v. Allstate Insurance Company, No. 13-cv-10387, D. Mass.).
HARRISBURG, Pa. - A federal judge in the U.S. District Court for the Middle District of Pennsylvania on June 6 remanded to state court a dispute over eminent domain of property that allegedly hampered the plaintiff's oil and gas rights with regard to hydraulic fracturing, saying the complaint did not fit the criteria of demonstrating that an injury had occurred and the defendant failed to show that federal jurisdiction was warranted (Fayviard LLC v. UGI Storage Company, No. 13-02400, M.D. Pa.; 2014 U.S. Dist. LEXIS 77153).
TACOMA, Wash. - A federal judge in Washington on June 6 allowed the federal government to reopen a lawsuit in which it seeks response costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) from the Washington State Department of Transportation (WSDOT), finding that the judgment entered against the agency held it liable for any subsequent actions (United States of America v. Washington State Department of Transportation, No. C08-5722RJB, W.D. Wash.).
LOS ANGELES - Alleged damage by a mutual insured over the handling of paintings did not involve goods in transit, a California appeals panel affirmed June 5, affirming a $1 million judgment in favor of an insurer against another insurer (Those Interested Underwriters at Lloyd's London Subscribing to Policy No. WA901130E v. Transguard Insurance Company of America and LA Packing, Crating and Transport, No. B240843, Calif. App., 2nd Dist., Div. 2; 2014 Cal. App. Unpub. LEXIS 3985).
LAKE CHARLES, La. - A Third Circuit Louisiana Court of Appeal panel on June 4 reversed exclusion of a defense biomechanical expert from a personal injury accident case and increased the award to the sheriff deputy plaintiff to more than $500,000 (Joshua Godchaux, et ux. V. Peerless Insurance Co., et al., No. 13-1083, La. App., 3rd Cir.; 2014 La. App. LEXIS 1476).
WASHINGTON, D.C. - Although affirming noninfringement findings as they relate to one claim of a golf club patent, the Federal Circuit U.S. Court of Appeals on June 6 vacated noninfringement findings with regard to another (Nassau Precision Casting Co. Inc. v. Acushnet Company Inc., et al., No. 13-1410, Fed. Cir.).
WASHINGTON, D.C. - The U.S. Supreme Court on June 9 unanimously ruled that any potential error made by a bankruptcy court regarding its own judgment in a "core" proceeding under 28 U.S. Code Section 157(b) was "cured" by a district court's de novo review of the matter because the issue received the same review from the district court that it would have received had the bankruptcy court treated the claims as noncore proceedings (Executive Benefits Insurance Agency v. Arkinson, No. 12-1200, U.S. Sup.).
PARIS - The International Chamber of Commerce (ICC) on June 5 announced that it has launched revised mediation rules in North America.
HONG KONG - Arc Capital Holdings Ltd. (ARCH) on June 9 announced that a Chinese arbitration panel has awarded it $14,605,800 or 90 million Chinese Yuan Renminbi in a dispute over the sale of a supermarket.