ATLANTIC CITY, N.J. - Closing arguments began April 17 in New Jersey's second state court Fosamax jaw injury trial (Jo Ann Sessner v. Merck, Sharpe & Dohme, Inc., No. ATL-L-3394-11-MT, N.J. Super., Atlantic Co.).
BIG STONE GAP, Va. - A Virginia federal judge on April 17 found that while a former school district employee established a prima facie case of age discrimination, she did not show that the school district's legitimate reason for terminating her employment was pretext for discrimination (Bertha M. Blackburn v. Wise County School Board, No. 2:11-cv-00033, W.D. Va.; 2012 U.S. Dist. LEXIS 53414).
TACOMA, Wash. - A man struck by a third party's vehicle cannot recover underinsured motorist (UIM) benefits from the insurer of the vehicle he was using prior to the accident, a Washington federal judge ruled April 17, finding that the man did not qualify as an insured under the policy (Kim Gaskill, et al. v. Travelers Insurance Co., et al., No. 3:11-cv-05847, W.D. Wash.; 2012 U.S. Dist. LEXIS 53899).
ST. LOUIS - A Missouri federal judge on April 17 granted a health plan administrator's request for expedited discovery in a contract dispute over the access of client information, saying the information would help the plaintiff prepare for a preliminary injunction hearing (Meritain Health Inc., et al. v. Express Scripts Inc., No. 12-266, E.D. Mo.; 2012 U.S. Dist. LEXIS 53827).
TALLAHASSEE, Fla. - A split First District Florida Court of Appeal panel on April 17 granted summary judgment to a pair of defendants in a construction defects action, concluding that the plaintiffs' claims for a faulty heating and air conditioning system were barred by the statute of limitations (William G. Graney, et al. v. Caduceus Properties, et al., No. 1D11-2700, Fla. App., 1st Dist.; 2012 Fla. App. LEXIS 5814).
RICHMOND, Va. - A federal district court did not err in ruling that the Employee Retirement Income Security Act governed when a participant's cause of action challenging the termination of his long-term disability benefits accrued but that the plan governed the applicable statute of limitations, the Fourth Circuit U.S. Court of Appeals ruled April 13 in an unpublished opinion affirming the lower court's ruling that the claim was time-barred (Benjamin Belrose v. The Hartford Life & Accident Insurance Company, No. 10-2405, 4th Cir.; 2012 U.S. App. LEXIS 7506).
WASHINGTON, D.C. - Generic drug manufacturers may employ the Hatch-Waxman Act's counterclaim provision - known as a Section viii statement - to force correction of an inaccurate label when the brand-name drug's description overstates a particular method of use, the U.S. Supreme Court held April 17 (Caraco Pharmaceutical Laboratories Ltd. and Sun Pharmaceutical Industries Ltd. v. Novo Nordisk A/S/ and Novo Nordisk Inc., No. 10-844, U.S. Sup.).
OMAHA, Neb. - A federal judge in Nebraska on April 13 denied a defendant's motion for judgment on the pleadings in a putative class action that alleges violations of the Fair and Accurate Credit Transaction Act of 2003 (FACTA) regarding a debit card receipt (Keith v. Back Yard Burgers of Nebraska, Inc., et al., No. 11-00135, D. Neb.; 2012 U.S. Dist. LEXIS 52012).
ATLANTA - The 11th Circuit U.S. Court of Appeals on April 16 agreed to rehear en banc its ruling that hedge funds that purchased promissory notes from CompuCredit Holdings Corp. did not violate federal antitrust law by making a collective demand on CompuCredit to pay above-market prices to redeem its notes early (CompuCredit Holdings Corporation v. Akanthos Capital Management, LLC, et al., No. 11-13254, 11th Cir.).
NEW YORK - A federal judge in New York on April 13 withdrew from a federal bankruptcy court, in part, more than 300 clawback suits filed by the liquidation trustee of Bernard L. Madoff Investment Securities LLC (BLMIS) so that he may address whether the U.S. Supreme Court's ruling in Stern v. Marshall, 131 S. Ct. 2594 (2011), prevents the bankruptcy court from entering a final judgment that would resolve the trustee's claims "to avoid or recover initial or subsequent transfers as fraudulent transfers" (Securities Investor Protection Corp. v. Bernard L. Madoff Investment Securities LLC, No. 12-mc-0115, S.D. N.Y.). Subscribers may view the order available within the full update.
OAKLAND, Calif. - Dismissal of a shareholder class action lawsuit against Wells Fargo & Co. for breaching its contract by attempting to redeem on certain trust preferred securities is proper because the enactment of the Dodd-Frank Wall Street Reform and Consumer Protection Act constituted a capital treatment event under the terms of the securities, a federal judge in California ruled April 12 (Daniel Call v. Wells Fargo & Co., et al., No. 11-5215, N.D. Calif.). Subscribers may view the order available within the full update.
WASHINGTON, D.C. - A New York federal judge did not err in granting generic drug manufacturers a judgment of noninfringement on the pleadings for their abbreviated new drug application (ANDA) related to only one use for the drug in question and not the combination of uses claimed by the patent in suit, a divided Federal Circuit U.S. Court of Appeals ruled April 16 (Bayer Schering Pharma AG v. Lupin Ltd. et al., Nos. 11-1143, -1228, Fed. Cir.).
NEW ORLEANS - The parties to the multidistrict Federal Emergency Management Agency formaldehyde trailer litigation consolidated in the U.S. District Court for the Eastern District of Louisiana filed a joint motion April 13 for certification of a settlement class and for preliminary approval of a global settlement of all remaining claims in the litigation; the amount of the settlement is confidential (In re: FEMA Trailer Formaldehyde Products Liability Litigation, No. 07-1873, MDL 1873, E.D. La.). Subscribers may view the stipulation of settlement, joint brief in support, and proposed settlemet order and individual settlement sheets available within the full update.
PHILADELPHIA - A Pennsylvania federal judge on April 13 rejected insurers' argument that he erred by giving weight to a former deputy insurance commissioner's affidavit in finding that a manufacturer insured satisfied its burden to oppose their summary judgment motion, denying the insurers' motion to reconsider a Feb. 21 finding that fact issues exist as to whether enforcement of asbestos products liability policy exclusions would violate important public policies expressed in or underlying Pennsylvania insurance laws when the policies were sold to the insured (General Refractories Co. v. First State Insurance Co., et al., No. 04-3509, E.D. Pa.; 2012 U.S. Dist. LEXIS 52467).
PHILADELPHIA - A panel of the Third Circuit U.S. Court of Appeals on April 16 vacated an order from the U.S. Bureau of Immigration Affairs (BIA) that called for the deportation of a Jamaican-born U.S. citizen who had committed bankruptcy fraud, holding that the loss the BIA premised its removal order upon did not actually occur (Nigel St. Ivan Singh v. Attorney General of the United States, No. 11-1988, Chapter 11, 3rd Cir.; 2012 U.S. App. LEXIS 7544).
WASHINGTON, D.C. - Sixteen federal lawsuits alleging persistent sexual dysfunction allegedly caused by the hair loss treatment drug Propecia were centralized April 16 before Judge John Gleeson of the U.S. District Court for the Eastern District of New York by the federal Judicial Panel on Multidistrict Litigation (JPMDL) (In Re: Propecia (Finesteride) Product Liability Litigation, MDL Docket No. 2331, JPMDL). Subscribers may view the order available within the full update.
RALEIGH, N.C. - The North Carolina Supreme Court on April 13 reversed a state Court of Appeals decision in a case seeking damages for injuries sustained in an auto accident where the vehicle's seat belt system allegedly was modified by a nonparty to the case (Cheyenne Saleena Stark, et al. v. Ford Motor Co., No. 313PA10, N.C. Sup.; 2012 N.C. LEXIS 266).
WASHINGTON, D.C. - A private attorney who is temporarily retained by the government to carry out the government's work may seek qualified immunity from a lawsuit under 42 U.S. Code Section 1983, a unanimous U.S. Supreme Court ruled April 17 (Steve A. Filarsky v. Nicholas B. Delia, No. 10-1018, U.S. Sup.; 2012 U.S. LEXIS 3105).
WASHINGTON, D.C. - Pharmaceutical sales representatives, or "detailers," "tout" drugs to doctors but do not actually engage in sales as defined in the Fair Labor Standards Act (FLSA) and thus are entitled to overtime pay, an attorney representing a class of sales representatives argued April 16 before the U.S. Supreme Court (Michael Shane Christopher, et al. v. SmithKline Beecham Corporation, dba GlaxoSmithKline, No. 11-204, U.S. Sup.). Subscribers may view the oral arguments transcript available within the full update.
DALLAS - A federal judge in Texas on April 16 granted in part a plaintiff's motion to compel discovery in a suit in which the plaintiff, which provided credit card marketing and distribution services to a defendant bank, asserts claims for breach of contract and the covenant of good faith (Marketing Investors Corporation v. New Millennium Bank, No. 11-01696, N.D. Texas; 2012 U.S. Dist. LEXIS 52998).
SEATTLE - A Washington federal judge on April 13 declined to reconsider her ruling that an insurance broker did not owe a duty to an insured to advise it of the adequacy of insurance coverage for an aircraft damaged during a snowstorm and that the broker did not owe a duty to the insured based on contract or special relationship (SMS Services LLC v. HUB International Northwest LLC, No. 11-00336, W.D. Wash.; 2012 U.S. Dist. LEXIS 52529).
NEW ORLEANS - A panel of the Fifth Circuit U.S. Court of Appeals on April 16 ruled that a bankruptcy court did not abuse its discretion in dismissing a debtor's case after he failed to make payments on the approved Chapter 13 plan (Donald Mallory Jr. v. William E. Heitkamp (In the Matter of Joel Donald Mallory Jr.), No. 11-20192, Chapter 13, 5th Cir.; 2012 U.S. App. LEXIS 7575).
KANSAS CITY, Kan. - A Kansas federal judge on April 16 granted a motion to remand a Telephone Consumer Protection Act (TCPA) class complaint, finding that the removal notice was filed too late (Critchfield Physical Therapy, P.C., d/b/a Montgomery County Physical Therapy, et al. v. The Taranto Group, Inc., No. 12-2087, D. Kan.; 2012 U.S. Dist. LEXIS 52545).
SAN DIEGO - A California federal judge on April 13 rejected two multidistrict litigation plaintiffs' motion to remand their individual class action complaints or, in the alternative, to designate them as a subclass in the suit alleging improper automated cellular telephone calls (In Re: Portfolio Recovery Associates, LLC, Telephone Consumer Protection Act Litigation, No. 11-2295, S.D. Calif.; 2012 U.S. Dist. LEXIS 52378).
BOSTON - A federal magistrate judge in Massachusetts on April 12 found that the sharing of communications between a defendant company and its attorney with its leasing agency waived any protection under the attorney-client privilege because the leasing agent was retained to provide business advice, not legal advice (Banco do Brasil S.A. v. 275 Washington Street Corp., et al., No. 09-11343-NMG, D. Mass.; 2012 U.S. Dist. LEXIS 51358).