TRENTON, N.J. - Bankrupt hotel Lafayette Yard Community Development Corp. (LYCDC) on Oct. 14 filed a brief in the U.S. Bankruptcy Court for the District of New Jersey arguing that its arrangement with the man it proposes to handle the auctioning of the bankruptcy estate is appropriate because he is a disinterested person as defined by the Bankruptcy Code (In Re: Lafayette Yard Community Development Corporation, No. 13-30752, Chapter 11, D. N.J. Bkcy.).
MONTGOMERY, Ala. - The Alabama Supreme Court on Oct. 11 remanded a class action lawsuit against an insurer for a lower court to determine whether a new named plaintiff should be certified as the class representative (Alabama Mutual Insurance Corporation v. City of Vernon, et al., No. 1110738, Ala. Sup.; 2013 Ala. LEXIS 146).
NEW YORK - The representatives of a class of customers who sued MF Global Inc. (MFGI), an affiliate of bankrupt MF Global Holdings Ltd. (MFGH), on Oct. 11 filed a brief arguing that the "soft cap" the bankruptcy court imposed on expenses should not be lifted to permit the payment of defense costs (In Re: MF Global Holdings Ltd., No. 11-15059, Chapter 11, S.D, N.Y. Bkcy.).
DETROIT - The union representing police officers for the bankrupt City of Detroit on Oct. 12 filed a brief objecting to a motion seeking relief from the automatic stay to pursue litigation against individual police officers on grounds that the only party that can indemnify the officers who have been sued by a Detroit resident is the city itself (In Re: City of Detroit, No. 13-53846, Chapter 9, E.D. Mich. Bkcy.).
WILMINGTON, Del. - The federal bankruptcy judge presiding over the Chapter 11 case of PMGI Holdings Inc., the parent company for the adult entertainment empire carrying the name "Penthouse," on Oct. 11 approved more than $563.89 million in recapitalization funding to be provided by indenture trustee US Bank National Association (In Re: PMGI Holdings Inc., No. 13-12404, Chapter 11, D. Del Bkcy.).
BIRMINGHAM, Ala. - The county tax assessor for bankrupt Jefferson County, Ala., along with a group of elected officials, on Oct.10 filed a brief in the U.S. Bankruptcy Court for the Northern District of Alabama, contending that the county's plan of adjustment should not be approved (In Re: Jefferson County, Ala., No. 11-5736, Chapter 9, N.D. Ala. Bkcy.).
WASHINGTON, D.C. - The special master overseeing discovery in the U.S. Department of Justice's (DOJ) action seeking an injunction to prevent the proposed merger of American Airlines Inc. and US Airways Group Inc. recommended Oct. 10 that certain discovery requests be denied (United States of America, et al. v. US Airways Group Inc., et al., No. 13-01236, D. D.C.).
NEW YORK - Bankrupt Eastman Kodak Co. on Oct. 10 filed a brief in the U.S. Bankruptcy Court for the Southern District of New York contending that the patent claims of Ricoh Co. Ltd. and one of its affiliates should be dismissed on the merits (In Re: Eastman Kodak Company, No. 12-10202, Chapter 11, S.D. N.Y. Bkcy.).
NEW YORK - The investment fund that owns bankrupt Lightsquared Inc. on Oct. 9 filed an amended disclosure statement to its plan of reorganization, which the investment fund contends is the only plan proposed by any party that pays all general unsecured creditors the full principal amount of their allowed claims in cash (In Re: Lightsquared Inc., No. 12-12080, Chapter 11, S.D. N.Y. Bkcy.).
BROOKLYN, N.Y. - A New York federal judge on Oct. 9 denied a new trial in a Zometa jaw injury case but reduced the punitive damages award from $10 million to $900,000 (Ian Newman, et al. v. Novartis Pharmaceuticals Corporation, No. 2:06-431, E.D. N.Y.).
NEW YORK - A final judgment was entered on Oct. 7 in a New York federal court in which the judge denied a U.S. corporation's request to vacate an arbitration award and granted a Japanese corporation's cross-petition to confirm the award (General Components Inc. v. Fujikin Inc., No. 1: 13-cv-03012, S.D. N.Y.).
WASHINGTON, D.C. - The special master appointed to handle discovery requests in the antitrust lawsuit filed by the U.S. Department of Justice (DOJ) against US Airways Group Inc., and bankrupt American Airlines Inc. on Oct. 10 issued a report saying that the airlines should not be permitted to compel discovery into third-party interviews conducted by the DOJ leading up to its filing of the lawsuit (United States of America v. US Airways Group Inc., et al., No. 13-01236, D. D.C.).
WILMINGTON, Del. - A shareholder told a federal court in Delaware on Oct. 7 that a settlement reached with directors and officers of a corporation in a shareholder derivative lawsuit is fair, reasonable and adequate and should be approved by the court (Jared Staal, derivatively on behalf of K12 Inc. v. Andrew H. Tisch, et al., No. 12-cv-00365, D. Del.).
HOUSTON - ATP Infrastructure Partners (ATPIP), the owner of a floating platform unit called the Innovator, used in oil and gas exploration, on Oct. 7 filed a brief in the U.S. Bankruptcy Court for the Southern District of Texas objecting to a deal reached among bankrupt ATP Oil & Gas Corp., entities affiliated with Anadarko Petroleum Corp. and the U.S. government on grounds that ATP cannot transfer property it does not own (In Re: ATP Oil & Gas Corporation, No. 12-36187, Chapter 11, S.D. Texas Bkcy.).
WILMINGTON, Del. - The bankruptcy judge presiding over the Chapter 7 proceeding of Downey Financial Corp. on Oct. 8 ruled that a tax refund of more than $373 million belongs to the bankruptcy estate and cannot be claimed by the Federal Deposit Insurance Corp. (Alfred T. Giuliano, et al. v. Federal Deposit Insurance Corporation $(In Re: Downey Financial Corporation$), No. 08-13041 Adv. No. 10-53731, Chapter 7, D. Del. Bkcy.).
DETROIT - On remand from a federal appeals court, the judge overseeing the Dow Corning silicone breast implant settlement on Oct. 8 affirmed her four-year-old ruling that breast tissue expanders are covered by the settlement (In Re: Settlement Facility Dow Corning Trust, No. 00-00005, E.D. Mich., S. Div.; 2013 U.S. Dist. LEXIS 145086).
WASHINGTON, D.C. - An Illinois federal judge properly deemed a caller identification (ID) patent unenforceable due to inequitable conduct before the U.S. Patent and Trademark Office, the Federal Circuit U.S. Court of Appeals ruled Oct. 9 (Intellect Wireless Inc. v. HTC Corporation and HTC America Inc., No. 12-1658, Fed. Cir.).
LOS ANGELES - Bankrupt GGW Brands LLC, the parent company for the maker of adult videos that carry the name "Girls Gone Wild," on Oct. 8 filed a brief in the U.S. Bankruptcy Court for the Central District of California arguing that the Bankruptcy Court erred when it allowed the Chapter 11 trustee to place one of GGW Brands' affiliates into bankruptcy (In Re: GGW Brands LLC, No. 13-15130, Chapter 11, C.D. Calif. Bkcy.).
WILMINGTON, Del. - Bankrupt PMGI Holdings Inc., the parent company for the adult entertainment empire carrying the name "Penthouse," on Oct. 8 filed a brief in the U.S. Bankruptcy Court for the District of Delaware contending that its former financial adviser's claim that it is owed $3.5 million "vastly overstates" its importance in the proceedings (In Re: PMGI Holdings Inc., No. 13-12404, Chapter 11, D. Del. Bkcy.).
TRENTON, N.J. - The New Jersey Superior Court Appellate Division on Oct. 7 affirmed dismissal of a construction defects action filed by a water commission, agreeing that the claims were barred by the statute of limitations (Passaic Valley Water Commission v. Prismatic Development Corporation Inc., et al., No. A-5125-11T3, N.J. Super., App. Div.; 2013 N.J. Super. Unpub. LEXIS 2423).
WILMINGTON, Del. - The foreign representatives of Irish Bank Resolution Corp. (IBRC) on Oct. 4 filed a brief in the U.S. Bankruptcy Court for the District of Delaware supporting a motion for a protective order against discovery requests from the bank's noteholders (In Re: Irish Bank Resolution Corporation Ltd., No. 13-12159, Chapter 15, D. Del. Bkcy.).
WASHINGTON, D.C. - A California federal judge properly determined that a digital communications systems patent was not obvious and infringed, the Federal Circuit U.S. Court of Appeals ruled Oct. 7 (Broadcom Corporation v. Emulex Corporation, No. 12-1309, Fed. Cir.).
WASHINGTON, D.C. - The Transport Workers Union (TWU) on Oct. 7 moved in the U.S. District Court for the District of Columbia for permission to intervene in the antitrust lawsuit filed by the U.S. Department of Justice (DOJ) against bankrupt American Airlines Inc. and US Airways Group Inc. (United States of America v. US Airways Group Inc., et al., No. 13-01236, D. D.C.).
NEW YORK - A federal judge in New York on Oct. 3 granted final approval of a settlement in a shareholder derivative lawsuit, noting that the settlement is fair, reasonable and adequate (Catherine Rubery, Derivatively on Behalf of E*Trade Financial Corporation v. Mitchell H. Caplan, et al., No. 07-cv-8612, S.D. N.Y.).
WILMINGTON, Del. - Bankrupt videogame maker THQ Inc. on Oct. 4 sued a video game marketing company and a separate manufacturer of those games in the U.S. District Court for the District of Delaware, contending that an agreement it reached with one of those parties constitutes a fraudulent transfer. THQ also seeks to recover property it has already transferred to those parties (THQ Inc. v. Zuffa LLC, et al., No. 13-01651, D. Del.).