WASHINGTON, D.C. - The U.S. Supreme Court on May 28 declined to hear the appeal of a case challenging the definition of "reassignment" in the Americans with Disabilities Act (ADA) (United Airlines, Inc. v. Equal Employment Opportunity Commission, No. 12-707, U.S. Sup.; 2013 U.S. LEXIS 4128).
SHERMAN, Texas - Amway, the world's largest multilevel marketing (MLM) company, lost its bid for a new trial alleging unfair business practices and tortious interference in the marketing of "energy drinks" when a Texas federal magistrate judge on May 29 refused to set aside a jury's unanimous verdict for the defense (Amway Corp., et al. v. bHIP Global Inc., et al., No. 4:10-CV-549, E.D. Texas, Sherman Div.; 2013 U.S. Dist. LEXIS 75393).
NASHVILLE, Tenn. - Saying that Tennessee does not recognize a common-law cause of action against an insurer for bad faith, a federal judge there dismissed an insured's counterclaims for coverage of a leaky hotel roof on May 29 (Westfield Insurance Company v. RLP Partners LLC, et al., No. 3:13-cv-106, M.D. Tennessee, Nashville Div.; 2013 U.S. Dist. LEXIS 75673).
FLINT, Mich. - A federal judge in Michigan on May 30 denied a property appraiser's motion to compel discovery in a suit brought by the Federal Deposit Insurance Corp., as the receiver for the failed AmTrust Bank, and granted the FDIC's motion for a protective order regarding the discovery request, finding that the request is for information irrelevant to the suit (Federal Deposit Insurance Corp. v. Cuneo Appraisals & Associates LLC, et al., No. 12-13438, E.D. Mich.; 2013 U.S. Dist. LEXIS 75628).
ATLANTA - The 11th Circuit U.S. Court of Appeals on May 29 rejected an employer's claim that the National Labor Relations Board lacks jurisdiction to conduct a preliminary investigation of an unfair labor practice charge filed by the union representing the employer's cargo handlers (Amerijet International, Inc. v. National Labor Relations Board, et al., No. 12-14657, 11th Cir.; 2013 U.S. App. LEXIS 10727).
DENVER - Adopting a ruling it sought from the Oklahoma Supreme Court, the 10th Circuit U.S. Court of Appeals on May 29 reversed preemption dismissal of a knee prosthesis complaint, finding that the plaintiff's negligence per se claim parallels federal regulations and is not intended to be a private enforcement of those regulations (Brian C. Howard, M.D., et al. v. Zimmer, Inc., et al., No. 11-5109, 10th Cir.).
TRENTON, N.J. - Efforts by a patent infringement plaintiff to reopen its case almost 1-1/2 years after prevailing on re-examination before the U.S. Patent and Trademark Office (PTO) were successful, a New Jersey federal judge ruled May 30 (Artemi Ltd. v. Safe-Strap Co. Inc., No. 03-3382, D. N.J.).
NEW YORK - The federal bankruptcy judge presiding over the Chapter 11 bankruptcy case of former law firm Dewey & LeBoeuf on May 30 approved a settlement valued at more than $19.5 million reached among the Dewey & LeBoeuf Liquidation Trust, XL Specialty Insurance Co. and Steven H. Davis, which resolves all claims held by the Liquidation Trust against Davis and XL (In Re: Dewey & LeBoeuf, No. 12-12321, Chapter 11, S.D. N.Y. Bkcy.).
BOSTON - Claims by Boston University (BU) that a Taiwanese company and its Texas-based subsidiary infringed a light-emitting diode (LED) patent will proceed in Massachusetts federal court, a federal judge ruled May 29 (Boston University v. Everlight Electronics Co. Ltd. and Everlight Americas Inc., No. 12-11935, D. Mass.).
NEW YORK - A federal magistrate judge in New York on May 28 ruled that a lead plaintiff in a securities class action lawsuit has properly shown that additional discovery is warranted from an oilfield service company because the additional evidence would be relevant to the action (In re Weatherford International Securities Litigation, No. 11-1646, S.D. N.Y.; 2013 U.S. Dist. LEXIS 75090).
CHEYENNE, Wyo. - The Wyoming Supreme Court on May 28 overturned summary judgment for a hospital in a medical malpractice action, concluding that the "continuous treatment rule" applied and that the plaintiff filed his claims within the applicable statute of limitations (Ted Nobles v. Memorial Hospital of Laramie County, No. S-12-0054, Wyo. Sup.; 2013 Wyo. LEXIS 70).
NEW ORLEANS - A Texas federal judge did not err in denying a breach of contract and copyright infringement plaintiff preliminary injunctive relief, the Fifth Circuit U.S. Court of Appeals ruled May 30 (Nexstar Broadcasting Inc. v. Time Warner Inc., No. 12-10935, 5th Cir.).
SILVER SPRING, Md. - A large-scale compounding pharmacy has recalled about 200 of its products after seven adverse events involving preservative-free methylprednisolone acetate, the same type of injectable steroid that is at the center of a fungal meningitis outbreak associated another compounder, the Food and Drug Administration reported May 28.
NEW YORK - General Electric Capital Corp. (GECC) on May 29 moved in the U.S. Bankruptcy Court for the Southern District of New York for relief from the automatic stay in the Chapter 11 proceeding of Eastman Kodak Co. in order to pursue collection of more than $1.34 million in contract fees and damages pertaining to an aviation lease agreement between the parties (In Re: Eastman Kodak Company, No. 12-10202, Chapter 11, S.D. N.Y. Bkcy.).
SAN DIEGO - A federal magistrate judge in California on May 28 quashed a subpoena served by the city of San Diego on Cellco Partnership, doing business as Verizon, seeking a plaintiff's entire account history as well as any text messages and instant messages, after finding that the request was barred by the Stored Communications Act (SCA) (Jane Doe v. City of San Diego, et al., No. 12-cv-00689-MMA, S.D. Calif.; 2013 U.S. Dist. LEXIS 74802).
KANSAS CITY, Mo. - A Missouri federal judge on May 28 agreed to send a class complaint over allegedly false claims made on packaging for dog treats back to the state court where it originated (Connie Curts, et al. v. Waggin' Train, LLC, et al., No. 13-252, W.D. Mo.; 2013 U.S. Dist. LEXIS 74298).
TRENTON, N.J. - A federal judge in New Jersey on May 28 found that a plaintiff company sufficiently stated claims for arranger liability and cost recovery under the Comprehensive Environmental Response, Compensation, and Liability Act over the presence of radiological waste that was found on its property, ruling that the defendant company still discharged the material into the Raritan River (EPEC Polymers Inc. v. NL Industries Inc., No. 12-3842, D. N.J.; 2013 U.S. Dist. LEXIS 74642).
PHOENIX - Because determination of an apartment complex owner's breach of contract and bad faith allegations against an excess insurer would require him "to consider evidence and facts outside the scope of the allegations in" the owner's counterclaims, an Arizona federal judge on May 29 deemed the claims sufficiently stated to overcome a motion for summary judgment by the insurer (Lexington Insurance Co. v. Scott Homes Multifamily Inc., et al., No. 2:12-cv-02119, D. Ariz.; 2013 U.S. Dist. LEXIS 75319).
ST. LOUIS - Dismissal of a shareholder's amended securities class action complaint is proper because the shareholder failed to properly plead scienter, a federal judge in Missouri ruled May 29 (William Mark Scott v. Enterprise Financial Services Corp., et al., No. 12-0637, E.D. Mo.; 2013 U.S. Dist. LEXIS 74902).
NEW YORK - A New York federal court entered judgment in favor of a homeowners insurer on May 29, one day after a judge ruled that the insurer did not breach its contracts by enforcing a provision that required insureds to complete repairs or replacement of their damaged property within 180 days of the actual cash value (ACV) payment (Michael Sher, et al. v. Allstate Insurance Co., No. 10-5644, S.D. N.Y.; 2013 U.S. Dist. LEXIS 75362).
TOLEDO, Ohio - An Ohio federal judge overseeing the heparin multidistrict litigation on May 29 issued a temporary restraining order against an Illinois state court judge's order that purports to override the MDL court's common benefit fee order to benefit state court plaintiff attorneys (In Re: Heparin Products Liability Litigation, MDL Docket No. 1953, No. 1:08-hc-60000, N.D. Ohio, Western Div.).
HARRISBURG, Pa. - A divided Pennsylvania Supreme Court on May 30 overturned the Pennsylvania Superior Court on the grounds that the intermediate appellate court interposed its judgment with respect to managing complex litigation involving 45 plaintiffs alleging property contamination and residential vapor intrusion from a leaking underground gasoline tank (Susan B. Fralick Ball, et al. v. Bayard Pump & Tank Co. Inc., et al., No. 18 MAP 2011, Pa. Sup.; 2013 Pa. LEXIS 1039).
DENVER - A Colorado federal judge on May 29 granted a request for discovery filed by the Republic of Ecuador for use in a foreign arbitration proceeding, finding that it satisfied all of the factors enumerated in a decision by the U.S. Supreme Court in relation to such an application (The Republic of Ecuador, et al. v. Stratus Consulting Inc., No. 13-cv-01112, D. Colo.; 2013 U.S. Dist. LEXIS 75221).
PHOENIX - Because much of the delay in an insurer's handling of a talent agency's claim for stolen items was due to the insured's failure to comply with requests for information, an Arizona federal judge on May 24 granted summary judgment to the insurer on a bad faith claim against it (Empire Talent-Modeling Agency LLC, et al. v. Auto-Owners Insurance Co., No. 2:12-cv-00711, D. Ariz.; 2013 U.S. Dist. LEXIS 73865).
ST. LOUIS - The conviction of an inmate who conspired to have tobacco disguised as sticks thrown to him over a prison wall has been affirmed by the Eighth Circuit U.S. Court of Appeals, which said May 29 that any procedural error regarding the government's tobacco identification expert was harmless because it was not the focus of Walter Ewing's defense (United States of America Plaintiff v. Walter Ewing, No. 12-3659, 8th Cir.; 2013 U.S. App. LEXIS 10757).