WASHINGTON, D.C. - The engineering firms asking the U.S. Supreme Court to hear their case against residents of Flint, Mich., regarding liability for the lead-contaminated water crisis in that city on May 22 filed their reply brief contending that the Sixth Circuit U.S. Court of Appeals' decision that a plaintiff may obtain remand under the Class Action Fairness Act (CAFA) without evidence of class members' citizenship results in a circuit split that is "stark and wide" (Lockwood Andrews & Newnam P.C. v. Jennifer Mason, No. 16-1092, U.S. Sup.).
NEWARK, N.J. - Lead plaintiffs in a securities class action lawsuit against a pharmaceutical company and its CEO have failed to plead any material misstatements or omissions in arguing that the defendants misrepresented that the company's new drug was expected to gain U.S. Food and Drug Administration approval in violation of federal securities laws, a federal judge in New Jersey ruled May 19 in granting the defendants' motion to dismiss (Blake Bauer v. Eagle Pharmaceuticals Inc., et al., No. 16-3091, D. N.J., 2017 U.S. Dist. LEXIS 76247).
NEW YORK - A New York federal judge on May 18 denied a motion to dismiss and granted a motion to transfer New York state overtime claims filed by pet store assistant managers to a California federal court where another case is pending alleging overtime claims under federal law (Deserie Michel, et al. v. Petco Animal Supplies Stores, Inc., et al., No. 16-1838, E.D. N.Y., 2017 U.S. Dist. LEXIS 75892).
FRESNO, Calif. - A California federal judge on May 19 granted final approval of a $4.5 million settlement to be paid by a food production company to end current and former employees' claims that they were denied pay for certain activities, including donning and doffing (Luis Aguilar, et al. v. Wawona Frozen Foods, et al., No. 15-93, E.D. Calif., 2017 U.S. Dist. LEXIS 76751).
JACKSON, Miss. - A man's chronic obstructive pulmonary disease (COPD) diagnosis started the clock on the statute of limitations and bars his silicosis claim against a respirator manufacturer, a divided Mississippi Supreme Court held May 18 in reversing a $14 million verdict (American Optical Corp. v. Estate of Robert Lee Rankin Sr., et al., No. 2015-CA-0166-SCT, Miss. Sup., 2017 Miss. LEXIS 190).
THE HAGUE, Netherlands - The Permanent Court of Arbitration (PCA) on May 18 said that it has reached a cooperation agreement with the Istanbul Arbitration Centre (ISTAC).
THE HAGUE, Netherlands - The Permanent Court of Arbitration (PCA) on May 22 said that it has held the first meeting in an arbitration commenced by the Ukraine against the Russian Federation in a dispute over coastal state rights, establishing a procedural framework for the case (Ukraine v. The Russian Federation, No. 2017-06, PCA).
SEATTLE - A Washington federal judge on May 19 granted a petition filed by the maker of ultrasound devices and technology to medical researchers to confirm a $2,914,000 arbitral award issued in relation to a breach of nondisclosure agreements (Verasonics Inc. v. Alpinion Medical Systems Co., Ltd., No. 14-1820, W.D. Wash., 2017 U.S. Dist. LEXIS 76694).
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on May 19 released the first procedural order in an arbitration commenced by Lao Holdings N.V. against the Lao People's Democratic Republic in relation to the alleged breach of a settlement agreement, establishing the procedural framework of the case (Lao Holdings N.V. v. Lao People's Democratic Republic, No. ARB[AF)/16/2], ICSID).
ATLANTA - In a case over fraudulent transfers of reinsurance funds, various individual defendants in a May 18 brief oppose a request by insurers for a Georgia federal court to compel them to provide tax returns and bank account records pertaining to a reinsurer because the motion is premature (Canal Insurance Co. and Canal Indemnity Co. v. Golden Isles Reinsurance Company Ltd, et al., No. 15-cv-03331, N.D. Ga.).
SAN JOSE, Calif. - A consolidated class action over three announced data breach incidents fails for lack of standing because the plaintiffs have not alleged any resulting injury or damages, Yahoo Inc. says in a May 22 motion in California federal court, seeking dismissal for lack of standing under Article III of the U.S. Constitution, U.S. Const. art. 3 (In re: Yahoo! Inc. Customer Data Security Breach Litigation, No. 5:16-md-02752, N.D. Calif.).
ALEXANDRIA, Va. - A patent covering three process categories commonly used in the fabrication of semiconductor devices would have been obvious to a person of ordinary skill in the art, a petitioner for inter partes review told the Patent Trial and Appeal Board on May 22 (SPTS Technologies Ltd. v. Plasma-Therm LLC, No. IPR2017-01457, PTAB).
SPOKANE, Wash. - A Division I Washington Court of Appeals panel on May 22 found that a trial court erred in denying a plaintiff's motion for attorney fees in a premises liability suit after finding that the action arose out of a state law that allows for attorney fees to be awarded and remanded the suit for further proceedings consistent with the opinion (Christine A. Tolman v. Keith S. Johnson, et al., No. 75141-7-I, Wash. App., Div. 1, 2017 Wash. App. LEXIS 1213).
MONTGOMERY, Ala. - An Alabama federal judge on May 18 ordered a reinsurer to show cause as to why he should not grant a nonprofit public insurer's motion to stay a $1.3 million lawsuit against the reinsurer pending arbitration of the matter (Alabama Municipal Insurance Corp. v. Munich Reinsurance America Inc., No. 16-cv-00948, M.D. Ala.).
DETROIT - A federal judge in Michigan on May 18 sentenced a doctor to 19 years in prison after the doctor was found guilty of conspiracy to distribute prescription drugs and conspiracy to commit health care fraud, the U.S. Department of Justice announced (United States of America v. Damon Mason, et al., No. 11cr20551, E.D. Mich.).
TRENTON, N.J. - A dispute over plans by Sandoz Inc. and Momenta Pharmaceuticals Inc. (Sandoz, collectively) to sell generic Copaxone will proceed in Delaware federal court, a New Jersey federal judge ruled May 22 (Teva Pharmaceuticals Industries Ltd. v. Sandoz Inc., et al., No. 17-275, D. N.J., 2017 U.S. Dist. LEXIS 77193).
CLEVELAND - The lead named plaintiff in a class complaint accusing the city of Cleveland of using traffic cameras that violate the notice requirements of Cleveland Codified Ordinances (CCO) 413.031 is precluded from seeking judicial review and does not meet the requisite typicality requirement that would allow her to represent the class, an Eighth District Court of Appeals panel ruled May 18 (Allyson Eighmey v. City of Cleveland, et al., No. 104779, Ohio App., 8th Dist., 2017 Ohio App. LEXIS 1887).
BOSTON - A Massachusetts appeals panel on May 23 affirmed a lower court's ruling that a homeowners insurance policy's business pursuits exclusion bars coverage for underlying claims against a civilian employee of the city of Newtown's chief of police office (Vincent Nguyen v. Arbella Insurance Group, No. 16-P-834, Mass. App., 2017 Mass. App. LEXIS 64).
PHILADELPHIA - A Pennsylvania federal judge on May 18 denied a contractor's motion for summary judgment after determining that an insurer's proposed expert testimony on the causation of a fire presents a genuine dispute of material fact as to whether one of the contractors who worked in the home's basement contributed to the cause of the fire (State Farm Fire & Casualty Co., as subrogee of the Estate of Alkis J. Marland v. Hartman Contractors, et al., No. 14-6535, E.D. Pa., 2017 U.S. Dist. LEXIS 75967).
PHILADELPHIA - A Pennsylvania federal judge on May 19 granted a disability insurer's motion to dismiss a claimant's state law claims after determining that the state law claims related to the insurer's denial of disability benefits are completely preempted by the Employee Retirement Income Security Act (Albert Yerke v. Aetna, No. 16-06512, E.D. Pa., 2017 U.S. Dist. LEXIS 76342).