WHITE PLAINS, N.Y. - A New York federal judge on July 28 granted summary judgment and dismissed all 1,377 Mirena intrauterine device (IUD) multidistrict litigation cases, saying the plaintiffs cannot prove without an expert that the device can move about the body after insertion and that the plaintiffs cannot rely on lay understanding by jurors or infer admission by defendant Bayer Healthcare Pharmaceuticals Inc. (In Re: Mirena IUD Products Liability Litigation, MDL Docket No. 2434, No. 13-mc-2434, S.D. N.Y.).
BROOKLYN, N.Y. - Dismissal of an amended complaint in a securities class action lawsuit is not proper because the lead plaintiffs have pleaded falsity, materiality and scienter in making their federal securities law claims by arguing that a research manufacturing company and certain of its current and former executive officers concealed issues relating to a power failure at one of the company's laboratories, a federal judge in New York ruled July 26 (John Gauquie v. Albany Molecular Research Inc., et al., No. 14-6637, E.D. N.Y.; 2016 U.S. Dist. LEXIS 97295).
SAN FRANCISCO - After finding that a group of consumers who allege that a designer makes inferior quality products for its outlets stores and advertises them as being boutique quality pleaded their class action claims with the required particularity, a California federal judge on July 26 refused to dismiss their causes of action for violation of California's unfair competition law (UCL), false advertising and other claims (Gaylia Pickles, et al. v. Kate Spade and Company, No. 15-cv-05329, N.D. Calif.; 2016 U.S. Dist. LEXIS 98187).
MUMBAI, India - An Indian telecommunications company on July 28 issued a statement in response to a recent order issued by an English court in relation to the payment of a $1.17 billion arbitral award issued against it for breach of a shareholders agreement.
BOSTON - OneBeacon American Insurance Co. and Transatlantic Reinsurance Co. jointly told a federal court in Massachusetts on July 28 that they have reached an agreement in principle regarding a reinsurance billing dispute (OneBeacon America Insurance Company v. Transatlantic Reinsurance Company, No. 14-cv-14067, D. Mass.).
SACRAMENTO, Calif. - A California federal judge on July 27 rejected an Indian tribe's bid to dismiss a petition filed by a labor union seeking to force the tribe to arbitrate a dispute over the firing of two casino employees (Unite Here International Union v. Shingle Springs Band of Miwok Indians, No. 2:16-cv-00384, E.D. Calif.; 2016 U.S. Dist. LEXIS 98255).
WASHINGTON, D.C. - The U.S. Labor Department announced July 26 that hundreds of workers who work in the U.S. Senate cafeterias will receive more than $1 million in back wages after an investigation found that their employers failed to pay the required prevailing wages.
SANTA ANA, Calif. - A California state court judge on July 27 removed from the court's calendar a motion by two counties to lift a stay of their lawsuit against OxyContin maker Purdue Pharma L.P. (The People of the State of California, et al. v. Purdue Pharma, No. 30-2014-00725287, Calif. Super., Orange Co.).
WEST PALM BEACH, Fla. - The Seminole Tribe of Florida has sovereign immunity from a woman's personal injury claim against the tribe stemming from a slip-and-fall accident at the tribe's casino because the tribe showed that there was no enforceable resolution or ordinance with a waiver of immunity in place in 2009 when the accident happened, a Florida appeals court held July 27 (Seminole Tribe of Florida v. Delores Schinneller, No. 4D15-1704, Fla. App., 4th Dist.; 2016 Fla. App. LEXIS 11411).
PITTSBURGH - A federal judge in Pennsylvania on July 27 granted in part a plaintiff company's motion to clarify findings of fact and conclusions of law regarding contamination at a site in Greenville, Pa., explaining that the parties did not present evidence as to how the defendant company's painting operations contributed to contamination on the property (Trinity Industries Inc., et al. v. Greenlease Holding Company, No. 08-1498, W.D. Pa.; 2016 U.S. Dist. LEXIS 97824).
WASHINGTON, D.C. - A district court had no jurisdiction to rule on a class complaint filed by two consumers accusing two retailers of violating District of Columbia consumer protection laws when they requested customers' ZIP codes in connection with credit card purchases, the District of Columbia Circuit U.S. Court of Appeals ruled July 26 (Whitney Hancock, et al. v. Urban Outfitters, Inc., et al., No. 14-7047, D.C. Cir.; 2016 U.S. App. LEXIS 13548).
MIDDLESEX, Mass. - In a divided opinion, the Massachusetts Supreme Judicial Court on July 28 affirmed a lower appellate court's ruling that the mode-of-operation approach to premises liability applies in a suit brought by a woman who was injured when she slipped on a gravel walkway because the plaintiff raised a genuine question of fact about whether the defendant took the proper measures to secure the pathway she slipped on (Linda S. Bowers v. P. Wiles Inc., No. SJC-11923, Sup. Mass.; 2016 Mass. LEXIS 585).
CINCINNATI - The Sixth Circuit U.S. Court of Appeals on July 28 affirmed a lower federal court's ruling that a law firm insured failed to provide timely notice of an incident that could potentially give rise to a malpractice claim, finding that there is no coverage for an underlying $770,065 judgment against the insured (John N. Thomson, et al. v. Hartford Casualty Insurance Co., No. 15-1501, 6th Cir.).
NEW YORK - Shareholders on July 25 filed a notice of appeal in a securities class action lawsuit against a pharmaceutical company and its former CEO, seeking Second Circuit U.S. Court of Appeals review of a federal judge's ruling dismissing the action for failure to plead an actionable misrepresentation, scienter or loss causation (In re Sanofi Securities Litigation, No. 16-2573, 2nd Cir.).
NEW YORK - A New York justice on July 25 ordered the implementation of an ancillary receivership proceeding of an insolvent Missouri insurer (In the Matter of the Application of Maria T. Vullo, Acting Superintendent of Financial Services of the State of New York, for an Order of Appointment as Ancillary Receiver of Lumbermen's Underwriting Alliance, No. 450674-16, N.Y. Sup., New York Co.).
ALEXANDRIA, Va. - A patent that forms the basis of more than 38 lawsuits still pending in two different jurisdictions is invalid pursuant to 35 U.S. Code Section 103, according to a petition for inter partes review filed July 22 with the Patent Trial and Appeal Board (Unified Patents Inc. v. Harry Heslop, et al., No. IPR2016-01464, PTAB).
DULUTH, Minn. - A Minnesota federal judge on July 26 granted an investment adviser's motion to transfer an insurer's lawsuit seeking a declaration that it has no duty to defend against an underlying action brought by the investment adviser's former client (Everest Indemnity Insurance Co. v. Daniel Ro., No. 16-1064, D. Minn.; 2016 U.S. Dist. LEXIS 97698).
MINNEAPOLIS - Attorneys for the National Hockey League on July 26 submitted to the NHL concussion injury multidistrict litigation a letter from the league's commissioner to a U.S. senator in which the commissioner told the lawmaker that there is insufficient evidence linking chronic traumatic encephalopathy (CTE) to hockey or other contact sports (In re: National Hockey League Players Concussion Injury Litigation, MDL No. 14-2551, D. Minn.).
CHICAGO - The Seventh Circuit U.S. Court of Appeals on July 26 affirmed the dismissal of a foreclosure-related action, finding that the district court lacked jurisdiction and that the defendants failed to timely serve a loan-servicing company with their third-party complaint (U.S. Bank National Association v. Cheryle A. Collins-Fuller T., et al., No. 15-2415, 7th Cir.; 2016 U.S. App. LEXIS 13551).
KNOXVILLE, Tenn. - A Tennessee appellate panel on July 25 ruled that a trial court was right to grant a hospital summary judgment in a slip-and-fall suit because the plaintiffs failed to show that the hospital had constructive knowledge of the hazard that caused the fall (Carla Landrum, et al. v. Methodist Medical Center, et al., No. E2015-01733-COA-R3-CV, Tenn. App.; 2016 Tenn. App. LEXIS 522).