HARRISBURG, Pa. - Although the Pennsylvania Superior Court on May 24 disagreed with a lower court's ruling that a criminal acts policy exclusion bars coverage for an underlying suit alleging that an insured was negligent in failing to ensure the safety of its tanning customers and in failing to secure the premises from a third party's misconduct, it determined that the underlying claims for negligent operation of a business fail to trigger coverage on their own (Penn-America Insurance Co. v. Toni Tomei, et al., No. 480 WDA 2015, Pa. Super.; 2016 Pa. Super. Unpub. LEXIS 1859).
CINCINNATI - A DNA analyst presented reliable testimony in a criminal lawsuit when he said the process used to identify a defendant as the likely major DNA profile found on three dust masks has no known error rate or accepted procedure for determining an error rate, the Sixth Circuit U.S. Court of Appeals held May 18 (United States of America v. James J. Eastman, No. 14-6459, 6th Cir.; 2016 U.S. App. LEXIS 9290).
GREENVILLE, N.C. - Device maker B. Braun Medical Inc. has entered into a nonprosecution agreement with federal prosecutors and agreed to pay $7.8 million in criminal penalties, forfeiture and victim restitution to resolve allegations that it knowingly sold contaminated pre-filled saline flush syringes that resulted in patient infections, the U.S. Justice Department announced May 18.
SAN DIEGO - A California appellate panel on May 12 ruled that a trial court judge did not err when denying a man's request to reduce his convictions for making false statements in connection with a workers' compensation claim from felonies to misdemeanors, holding that the defendant had a prior history of criminal activity and that he did not show remorse for what he did (People v. Chany Lopez, No. D068570, Calif. App., 4th Dist., Div. 1; 2016 Calif. App. Unpub. LEXIS 3510).
SALEM, Ore. - An Oregon Court of Appeals panel on May 11 found no error in a woman's conviction for seven counts of making false health care claims and a trial court judge's decision to enhance her sentencing on the basis that the theft convictions did not arise out of the same conduct or criminal episode (State of Oregon v. Vera Andreyevna Spynu, No. A156548, Ore. App.; 2016 Ore. App. LEXIS 574).
BOSTON - A sales representative on May 12 pleaded guilty in the U.S. District Court for the District of Massachusetts to criminally obstructing a federal health care fraud investigation into kickbacks paid to medical professionals in exchange for prescribing a medical device and prescription drugs, according to a press release from the U.S. Attorney's Office (United States of America v. Terrence Kyle Tackett, No. 15-cr-10121, D. Mass.).
BOSTON - Six people facing federal criminal charges including murder in connection with the 2013 contaminated compounded drug scandal on May 3 lost their bid in a Massachusetts federal court to dismiss Racketeer Influenced and Corrupt Organizations Act criminal counts based on alleged violations of the United States Pharmacopeia (USP) (United States of America v. Barry J. Cadden, et al., No. 14-cr-10363, D. Mass.).
PHILADELPHIA - The Southeastern Pennsylvania Transportation Authority (SEPTA) routinely violates the Fair Credit Reporting Act (FCRA) and the Pennsylvania Criminal History Record Information Act (CHRIA) by obtaining and using job applicants' records in a manner that violates federal and state law, a Philadelphia man who was an unsuccessful job applicant alleges in his class complaint filed against SEPTA in Pennsylvania federal court on April 27 (Frank Long, et al. v. Southeastern Pennsylvania Transportation Authority, No. 16-1991, E.D. Pa.).
BROOKLYN, N.Y. - A New York federal judge on April 27 ordered directors and officers liability insurers to immediately reimburse and advance legal costs to a former official of the Federation Internationale de Football Association (FIFA) in connection with his indictment, extradition and defense in an underlying criminal action (Eduardo Li v. Certain Underwriters at Lloyd's, London, et al., No. 15-06099, E.D. N.Y.).
FLINT, Mich. - At a press conference on April 20, Michigan Attorney General Bill Schuette announced that his office has filed criminal charges against two state officials and one city employee in connection with the Flint lead-contaminated water crisis.
WASHINGTON D.C. - A panel of the District of Columbia U.S. Circuit Court of Appeals on April 5 found that a case brought by a man seeking a permanent injunction from criminal or civil penalties under a federal anti-trafficking law for the third time is moot because the U.S. Justice Department has said it will not charge him for his past conduct (Robert Gordon v. Loretta E. Lynch, In Her Official Capacity as Attorney General of The United States, et al. No 15-5113. D.C. Cir. ;2016 U.S. App. LEXIS 6175).
SCRANTON, Pa. - A Pennsylvania federal judge on March 30 held that whether one insured reimburses all or none of the $50,000 it was ordered to pay its insurer for the advancement of defense costs in an underlying criminal proceeding, the insurer has a duty to pay a second insured up to the $100,000 limit of liability pursuant to a public officials liability and employment practices liability insurance policy (Darwin National Assurance Co. v. Luzerne County Transportation Authority, et al., No. 14-2417, M.D. Pa.; 2016 U.S. Dist. LEXIS 41733).
NEW YORK - A federal judge in New York on March 22 granted the U.S. government's motion to intervene and stay proceedings in the Securities and Exchange Commission's securities fraud lawsuit against alleged Ponzi scheme operator Martin Shkreli and former Retrophin Inc. outside counsel Evan Greebel, ruling that a complete stay is appropriate pending resolution of the government's criminal proceedings against the defendants (Securities and Exchange Commission v. Martin Shkreli, et al., No. 15-7175, E.D. N.Y.; 2016 U.S. Dist. LEXIS 36734).
PHILADELPHIA - An attorney representing Bill Cosby in a criminal lawsuit over an alleged sexual assault moved in Pennsylvania federal court March 17, seeking to quash a subpoena filed on him in a separate defamation suit brought by the assault suit claimant against a former Montgomery County, Pa., District Attorney (D.A.) who has made public statements regarding her credibility (Andrea Constand v. Bruce Castor, No. 2:15-cv-05799, E.D. Pa.).
BROOKLYN, N.Y. - One week after a federal magistrate judge denied its motion to compel Apple Inc. to assist in obtaining access to an iPhone seized during a criminal investigation, the U.S. government on March 7 appealed that ruling in New York federal court, calling its request a "routine application" that has been made of Apple "dozens of times before" and with which the technology firm has always complied (In re Order Requiring Apple Inc. to Assist in the Execution of a Search Warrant Issued by This Court, No. 1:15-mc-01902, E.D. N.Y.).
NEWARK, N.J. - Olympus Corp. of the Americas and a Latin America subsidiary will pay $646 million in criminal and civil penalties for paying kickbacks to health care providers to buy its endoscopes and causing false claims to be paid by federal health care programs, according to documents filed March 1 in the U.S. District Court for the District of New Jersey (United States of America v. Olympus Corporation of the Americas, No. 16-3524, and United States ex rel. Slowik, et al. v. Olympus America. Inc., et al., No. 10-5994, D. N.J.).
BROOKLYN, N.Y. - Denying a motion to compel Apple Inc. to assist the U.S. government in gaining access to an iPhone seized in a criminal investigation, a New York federal magistrate judge on Feb. 29 found that the government "failed to establish . . . that the [All Writs Act] permits the relief it seeks" (In re Order Requiring Apple Inc. to Assist in the Execution of a Search Warrant Issued by This Court, No. 1:15-mc-01902, E.D. N.Y.).
SCRANTON, Pa. - In a criminal suit against a police officer, a police captain may not testify as an expert regarding GPS coordinates and analysis, a Pennsylvania federal judge ruled Feb. 19, finding that the captain does not have the required specialized knowledge (Faith Kintzel v. Stephen Kleeman, Pennsylvania State Police Trooper, No. 13-163, M.D. Pa.; 2016 U.S. Dist. LEXIS 20158).
DALLAS - Johnson & Johnson on Feb. 9 offered to avoid having witnesses testify in a Texas federal court Pinnacle hip case about its 2011 deferred prosecution agreement and $21 million criminal penalty by stipulating to a letter about the deal from the U.S. Justice Department (In Re: DePuy Orthopaedics, Inc., Pinnacle Hip Implant Product Liability Litigation, No. 11-md-2244, N.D. Texas, Dallas Div.).
BOSTON - Fourteen defendants facing federal criminal charges related to the 2012 fungal meningitis outbreak have all the exculpatory evidence they need, a Massachusetts federal judge ruled Feb. 10 (United States of America v. Barry J. Cadden, et al., No. 14-cr-10363, D. Mass.).
ANNAPOLIS, Md. - The Maryland Special Court of Appeals on Feb. 1 reversed and remanded a lower court's ruling in favor of an insurer in a coverage dispute over claims that a nonprofit insured committed criminal acts in prosecuting a lawsuit against the owner of Ringling Brothers and Barnum & Bailey Circus (The Fund For Animals, Inc. v. National Union Fire Insurance Company Of Pittsburgh, PA., No. 2598, Md. App.; 2016 Md. App. LEXIS 13).