GREENVILLE, Miss. - Mississippi residents who sued a company alleging that it is liable for groundwater contamination filed a brief in Mississippi federal court on Jan. 16 seeking to compel the production of documents related to expert testimony (Joe E. Sledge, et al. v. Meritor Inc., et al., No. 16-CV-053, N.D. Miss.).
UTICA, N.Y. - In response to a reinsurer's motion for a new trial, an insurer argues in a Jan. 12 brief to a New York federal court that a jury had ample evidence in a "dozen witnesses and hundreds of exhibits" before reaching a $64 million verdict against a reinsurer over asbestos claims (Utica Mutual Insurance Co. v. Fireman's Fund Insurance Co., No. 09-00853, N.D. N.Y.).
BRIDGEPORT, Conn. - With regard to settlements of underlying asbestos claims, two reinsurers breached their contract by failing to pay their share of losses, an insurer says in its Jan. 16 complaint filed in Connecticut federal court (Travelers Casualty and Surety Co. v. Nationwide Mutual Insurance Co., et al., No. 18-00088, D. Conn.).
PHILADELPHIA - A federal judge in Pennsylvania on Jan. 12 denied a motion to remand filed by Aetna Inc. and Aetna Health Management LLC, finding that their attempt to provide service to a defendant doctor accused of conspiring to submit claims for an opioid-based pain medication for cancer patients was improper because the complaint was not sent to a location with a person who could accept service on his behalf (Aetna Inc., et al. v. Insys Therapeutics Inc., et al., No. 17-4812, E.D. Pa., 2018 U.S. Dist. LEXIS 6943).
PHILADELPHIA - Aetna Inc. and related entities (Aetna, collectively) have agreed to pay $17,161,200 to settle privacy claims by more than 13,400 class members whose HIV status was revealed by the insurer through an indiscreet mailing, according to a motion for preliminary approval of a class action settlement filed Jan. 16 (Andrew Beckett, et al. v. Aetna, Inc., et al., No. 17-3864, E.D. Pa.).
MARSHALL, Texas - A Texas federal magistrate judge on Jan. 17 granted in part a motion by a patent holder to exclude testimony from a ticket distributor's computer-programming expert in a dispute over a license agreement, ruling that the expert cannot offer opinions about a key term in the agreement because the meaning of the term is a question of law for a jury to determine (CEATS, Inc. v. TicketNetwork, Inc., et al., No. 2:15-cv-01470, E.D. Texas, 2018 U.S. Dist. LEXIS 7214).
WASHINGTON, D.C. - Neither pregnancy counseling centers challenging a law requiring that they disclose the availability of abortion services nor the state of California advances the correct standard for analyzing the case, and the law at the heart the case partially fails when properly evaluated, the United States tells the U.S. Supreme Court in a Jan. 16 brief (NIFLA, et al. v. Xavier Becerra, et al., No. 16-1140, U.S. Sup.).
SAN DIEGO - An insurer asks a California federal court in a Jan. 12 motion to certify as final a $3.2 million default judgment against a reinsurer over its alleged breach of reinsurance agreements as a result of a series of fraudulent transfers (Odyssey Reinsurance Co. v. Richard Keith Nagby, et al., No. 16-3038, S.D. Calif.).
SAN FRANCISCO - The Environmental Protection Agency on Jan. 15 filed a brief in California federal court seeking a protective order limiting review to the administrative record in a lawsuit brought by environmental advocacy groups that seeks to compel the agency to initiate a rule-making procedure to ban the introduction of "fluoridation chemicals" into drinking water on grounds that they cause brain damage (Food & Water Watch Inc., et al. v. United States Environmental Protection Agency, et al., No. 17-2162, N.D. Calif.).
CHICAGO - A network of nursing home facilities on Jan. 12 filed a class action complaint in an Illinois federal court on behalf of nursing home residents who filed applications for Medicaid benefits, arguing that the director of the Illinois Department of Healthcare and Family Services (HFS) failed to comply with an obligation to provide Medicaid benefits in violation of the federal Medicaid Act and other laws (Alden Management Services Inc. v. Felicia F. Norwood, No. 1:18cv238, N.D. Ill.).
LOS ANGELES - In an unpublished opinion issued Jan. 16, a panel of the Second District California Court of Appeal found that a trial court did not err in granting a bank summary judgment in a premises liability suit after finding that a woman who fell in the bank's parking lot did not present enough evidence to create a triable issue of fact (Laura Tevanyan v. JPMorgan Chase Bank N.A., No. B278948, Calif. App., 2nd Dist., 2018 Cal. App. Unpub. LEXIS 308).
KANSAS CITY, Kan. - In a Jan. 17 ruling, a Kansas federal judge denied a motion to refer to the Register of Copyrights allegations by an infringement defendant that a copyright registration for the Oil Daily publications is invalid (Energy Intelligence Group Inc., et al., v. CHS McPherson Refinery Inc., No. 16-1015, D. Kan., 2018 U.S. Dist. LEXIS 7048).
PORTLAND, Ore. - The author of the screenplay for the motion picture "Fathers & Daughters" is not the "legal owner" of the film, with standing to sue for infringement, because the exclusive rights to the work were transferred in a license granted within a distribution agreement, an Oregon federal judge ruled Jan. 17 (Fathers & Daughters Nevada LLC v. Lingfu Zhang, No. 16-1443, D. Ore., 2018 U.S. Dist. LEXIS 7435).
LOS ANGELES - An emergency health services provider relies on "phantom allegations" and evidence outside the complaint in opposing dismissal of implied-in-fact contract and quantum meruit claims, a South Carolina insurer told a California federal judge on Jan. 17 (Long Beach Memorial Medical Center v. Blue Cross and Blue Shield of South Carolina Inc., et al., No. 17-8181, C.D. Calif.).
CORPUS CHRISTI, Texas - A panel of the 13th District Texas Court of Appeals on Jan. 17 affirmed a trial court's decision to deny a motion for jurisdiction in a premises liability suit after finding that a woman who injured herself at a concert on city property showed a question of fact over whether the city knew about the hazard (City of Hidalgo, et al. v. Mary Leah Hodge, No. 13-16-00695-CV, Texas App., 13th Dist., 2018 Tex. App. LEXIS 519).
PHILADELPHIA - A Pennsylvania federal judge on Jan. 16 refused to dismiss claims for violation of the Fair Housing Act (FHA), finding that the City of Philadelphia sufficiently pleaded allegations to allow claims that a bank engaged in discriminatory lending practices in minority communities within the city to proceed (City of Philadelphia v. Wells Fargo & Co., et al., No. 17-2203, E.D. Pa., 2018 U.S. Dist. LEXIS 6443).
ATLANTA - The 11th Circuit U.S. Court of Appeals on Jan. 16 vacated and remanded a district court's judgment in favor of an insurer on the basis that genuine issues of material fact exist as to whether the insurer acted in bad faith by failing to pay the full uninsured motorist (UM) benefit to the insured who was injured in an auto accident (Ethel Cousin v. GEICO General Insurance Co., No. 16-10113, 11th Cir., 2018 U.S. App. LEXIS 1072).
WASHINGTON, D.C. - An inventor's efforts to patent a portable memory device identification system were unsuccessful Jan. 17, when the Federal Circuit U.S. Court of Appeals instead affirmed findings by the Patent Trial and Appeal Board that the invention would be obvious to a person of skill in the art (In re: Dominick Theresa, No. 17-1920, Fed. Cir.).