PHILADELPHIA - A company's failure to comply with a state court motion to compel does not warrant sanctions because the request is overly broad, but going forward, the company must produce documents relevant to product identification testimony in an asbestos case, a federal magistrate judge held Dec. 6 (William Ney, et al. v. Owens-Illinois Inc., et al., No. 16-2408, E.D. Pa.; 2016 U.S. Dist. LEXIS 169371).
BOSTON - Six former executives and managers of drug maker Insys Therapeutics Inc. were indicted Dec. 6 for racketeering, mail fraud and wire fraud conspiracy for allegedly bribing medical practitioners to prescribe Subsys, a fentanyl-containing pain drug, and for defrauding medical insurers, according to a criminal information unsealed Dec. 8 (United States of America v. Michael L. Babich, et al., No. 16-cr-10343, D. Mass.).
SAN JOSE, Calif. - Five putative class actions against Yahoo! Inc. related to a data breach the internet giant announced in September were consolidated in the U.S. District Court for the Northern District of California by the U.S. Judicial Panel on Multidistrict Litigation (JPMDL) in a Dec. 7 transfer order (In re: Yahoo! Inc. Customer Data Security Breach Litigation, No. 5:16-md-02752, N.D. Calif.).
PHILADELPHIA - A former employee of The Coca-Cola Co. (Coke) argues in a Dec. 7 brief in Pennsylvania federal court that his bid for certification of a class of Coke employees whose personally identifying information (PII) is appropriate, contending that his proposed classes meet the requirements of Federal Rule of Civil Procedure 23 (Shane K. Enslin v. The Coca-Cola Co., et al., No. 2:14-cv-06476, E.D. Pa.).
SANTA ANA, Calif. - A California federal judge on Dec. 7 ordered a property owner to show cause as to why his claims against Nationstar Mortgage LLC should not be dismissed for failure to prosecute and why sanctions should not be imposed for fees incurred by the lender (Frank J. Arlasky v. Nationstar Mortgage LLC, et al., No. 15-01514, C.D. Calif.; 2016 U.S. Dist. LEXIS 169421).
DETROIT - A declaratory judgment patent action, later amended to include a claim of false advertising under the Lanham Act, was dismissed Dec. 8 by a Michigan federal judge on grounds of lacking personal jurisdiction (Precision Extraction Corp. v. Udoxi Scientific LLC, No. 16-11972, E.D. Mich.; 2016 U.S. Dist. LEXIS 169981).
ANDERSON, S.C. - A South Carolina federal judge on Dec. 7 dismissed a woman's slip-and-fall personal injury case against a casino operated by the Eastern Band of Cherokee Indians, finding that the plaintiff failed to exhaust her remedies in tribal court (Dreama Sullivan v. Harrah's Operating Company, Inc., No. 14-4815, D. S.C.).
BOSTON - The First Circuit U.S. Court of Appeals on Dec. 7 found that a homeowners insurance policy draws a clear distinction between an insurer's duty to defend that applies to suits alone and the insurer's right to investigate that applies to both suits and claims, affirming a lower federal court's ruling that the insurer has no duty to defend its insured (Harry Sanders, executor of the Estate of Nancy A. Andersen and assignee of John Doe, v. The Phoenix Insurance Co., et al., No. 15-2539, 1st Cir.; 2016 U.S. App. LEXIS 21773).
CHARLOTTE, N.C. - Canada's 10 provincial workers' compensation boards on Dec. 9 got more time from a North Carolina federal bankruptcy judge to vote on the Chapter 11 plan for Garlock Sealing Technologies LLC so they can finalize a $20 million settlement with the debtor and related companies of the boards' claims for payments made to more than 1,300 Canadian workers suffering from asbestos diseases (In re: Garlock Sealing Technologies, LLC, et al., No. 10-31607, W.D. N.C. Bkcy.).
HUNTINGTON, W.Va. - A West Virginia federal judge on Dec. 7 granted a motion filed by the defendants in a suit over the terms of loan guarantees to transfer a class complaint to a Virginia federal court that the defendants argue, in part, will hear the case more quickly (Jason Vanden Heuvel, et al. v. Navy Federal Credit Union, et al., No. 16-1839, S.D. W.Va.; 2016 U.S. Dist. LEXIS 168926).
CHICAGO - An Illinois federal judge on Dec. 8 addressed several motions to exclude testimony prior to a trial date set in a doctor's lawsuit against a university for discrimination that resulted in her contract not being renewed (Dr. Maria Artunduaga v. The University of Chicago Medical Center, No. 12-8733, N.D, Ill.; 2016 U.S. Dist. LEXIS 169460).
ALBUQUERQUE, N.M. - A federal judge in New Mexico on Dec. 6 ordered a woman who pleaded guilty to disability insurance fraud and wire fraud to pay two beneficiaries of an estate more than $100,000 in restitution, finding that the contingency fees charged by a research firm and a law firm they hired to research where funds from their deceased father's estate were located were acceptable under the Mandatory Victim Restitution Act (MVRA) (United States of America v. Juanita Roibal-Bradley, No. CR 15-3253, D. N.M.; 2016 U.S. Dist. LEXIS 168259).
BUTTE, Mont. - A federal judge in Montana on Dec. 7 denied a motion filed by a newspaper publisher and an environmental group seeking to intervene in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) lawsuit between the government and Atlantic Richfield Co. (ARCO) to gain access to confidential settlement information, finding that the request was untimely (United States of America v. Atlantic Richfield Company, No. CV-89-39-BU-SEH, D. Mont.; 2016 U.S. Dist. LEXIS 169364).
ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on Dec. 7 affirmed the denial of a motion for a new trial after finding that the trial court correctly denied an injured man's proposed jury instruction for premises liability in a negligence suit (James Lasley v. Running Supply Inc., No. 15-3351, U.S. 8th Cir.; 2016 U.S. App. LEXIS 21605).
WASHINGTON, D.C. - Twenty-one federal lawsuits in which plaintiffs allege that they suffered an inflammatory reaction to the C-Qur surgical mesh patch were centralized Dec. 8 in a multidistrict litigation before U.S. Judge Landya B. McCafferty of the District of New Hampshire (In Re: Atrium Medical Corp. C-Qur Mesh Products Liability Litigation, MDL Docket No. 2753, JPMDL).
MILWAUKEE - Broker-dealer Stifel, Nicolaus & Co. Inc. and its former senior vice president will pay more than $24.5 million and admit wrongdoing in connection with their role in a scheme to sell synthetic collateralized debt obligations (CDOs) to five Wisconsin school districts in violation of federal securities law, a federal judge in Wisconsin ruled Dec. 6 (Securities and Exchange Commission v. Stifel, Nicolaus & Co. Inc., et al., No. 11-0755, E.D. Wis.).
KANSAS CITY, Kan. - A Kansas federal judge on Dec. 5 denied Sprint Communications Co. L.P. its attempts to exclude damages and patent experts in two consolidated patent infringement lawsuits filed against Comcast Cable Communications LLC and Time Warner Cable Inc. (TWC) (Sprint Communications Company LP v. Comcast Cable Communications LLC, et al., No. 11-2684 and Sprint Communications Company LP v. Time Warner Cable Inc., et al., No. 11-2686, D. Kan.; 2016 U.S. Dist. LEXIS 167849).
LOS ANGELES - Summary judgment is warranted against insureds in an insurance breach of contract and bad faith lawsuit because the insureds have failed to show that their insurer breached its contract in failing to pay their claims for benefits or denied their requests for a defense or indemnification, a federal judge in California ruled Dec. 6 (Julie Sohn, et al. v. Allstate Indemnity Co., et al., No. 15-8841, C.D. Calif.; 2016 U.S. Dist. LEXIS 168555).
ALEXANDRIA, Va. - Finding no likelihood that Dr. Reddy's Laboratories Inc. will prevail in showing that at least one claim of a patented rapid-dissolve film for orally administered active ingredients is invalid, the Patent Trial and Appeal Board on Dec. 5 denied inter partes review (IPR) (Dr. Reddy's Laboratories Inc. v. Monosol RX LLC, No. IPR2016-0111, PTAB).
JACKSON, Miss. - Transfer of a suit filed by the United States seeking damages for oil spill removal costs from Mississippi federal court to Louisiana federal court where an insurance coverage action is pending is not warranted because the United States' suit does not overlap with the coverage suit in Louisiana, a Mississippi federal judge said Dec. 5 (United States of American v. Third Coast Towing LLC, et al., No. 16-34, S.D. Miss.; 2016 U.S. Dist. LEXIS 167441).