ATLANTA - A Georgia appellate panel on Aug. 16 affirmed the dismissal of wrongful death and loss of consortium claims in a renewed medical malpractice suit because the original suit was not properly served and the statute of limitations had expired on the renewed claims (Faleshia Lathan v. Hospital Authority of Charlton County, No. A17A1524, Ga. App., 1st Div., 2017 Ga. App. LEXIS 386).
SAN FRANCISCO - In an Aug. 16 appellee brief, Dropbox Inc. (DBI) tells the Ninth Circuit U.S. Court of Appeals that a trial court correctly found that it had priority of use of the "Dropbox" trademark and that a smaller rival's claims also failed under the doctrine of laches because it intentionally delayed filing infringement claims (Dropbox Inc. v. Thru Inc., No. 17-15078, 9th Cir.).
SAN FRANCISCO - Allegations that a defendant gained access to copyrighted electronic design automation (EDA) software through fraud in violation of the Copyright Act are adequately pleaded, a California federal judge ruled Aug. 15 in denying a motion to dismiss (Synopsys Inc. v. Ubiquiti Network Inc., et al., No. 17-561, N.D. Calif., 2017 U.S. Dist. LEXIS 130070).
DALLAS - A Texas federal judge on Aug. 15 granted an insured's motion to dismiss its commercial insurer's declaratory judgment lawsuit disputing coverage for alleged storm damage to the insured's motel, finding that the majority of the factors in Brillhart v. Excess Ins. Co. of Am., 316 U.S. 491, 495, 62 S. Ct. 1173, 86 L. Ed. 1620 (1942), weigh in favor of dismissal (GuideOne National Insurance Company v. Bhav Harri, LLC, No. 16-00740, N.D. Texas, 2017 U.S. Dist. LEXIS 129473).
ST. LOUIS - A Missouri federal judge on Aug. 16 refused to stay a professional liability insurer's dispute against an insolvent insurer over wrongful act claims submitted by the insolvent insurer because she found that the contractual issues are not pivotal to the underlying state court liquidation action (Allied World Surplus Lines Insurance Co. v. Galen Insurance Co., et al., No. 17-1185, E.D. Mo., 2017 U.S. Dist. LEXIS 130426).
NEW YORK - Chapter 11 debtor Rapid-American Corp. and the asbestos claimants in its case asked a New York federal bankruptcy judge on Aug. 15 to stop the debtor's insurers from enforcing subpoenas they issued to six asbestos claims-processing facilities, saying the subpoenas are "facially overbroad and seek material that is wholly irrelevant" to the issues in an insurance coverage adversary action (Rapid-American Corporation, et al. v. Travelers Casualty and Surety Company, et al., No. 15-01095, S.D. N.Y. Bkcy.).
WEST PALM BEACH, Fla. - A Florida appellate panel on Aug. 16 affirmed a $33 million verdict in an Engle progeny suit after finding that the trial court engaged in the "genuineness inquiry" in overruling the tobacco companies' objections to prospective jurors (R.J. Reynolds Tobacco Co., et al. v. Linda Purdo Enochs, No. 4D16-2025, Fla. App., 4th Dist., 2017 Fla. App. LEXIS 11791).
ATLANTA - An 11th Circuit U.S. Court of Appeals panel on Aug. 14 vacated a Florida federal judge's dismissal of laboratory companies' claims relating to self-funded health care plans, saying that the contractual question of whether an assignment of benefits covers self-funded plans is best addressed by the trial court after the benefit of discovery (BioHealth Medical Laboratory Inc., et al. v. Cigna Health and Life Insurance Company, et al., No. 16-101978, 11th Cir., 2017 U.S. App. LEXIS 15010).
NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on Aug. 15 partially reversed a trial court's decision and ruled that Wood v. HSBC Bank USA, N.A., 505 S.W.3d 542 (Tex. 2016), and Garofolo v. Ocwen Loan Servicing, L.L.C., 497 S.W.3d 474 (Tex. 2016), constitute intervening changes in law sufficient enough to provide a borrower with post-judgment relief on her claim to preclude foreclosure (Tina Alexander v. Wells Fargo Bank, N.A., et al., No. 16-20500, 5th Cir., 2017 U.S. App. LEXIS 15279).
ST. LOUIS - A jury's award of $2.75 million in favor of a plaintiff who was injured while a passenger in an insured vehicle was not excessive and was justified based on the jury's finding that the insurer deceived the passenger regarding coverage on the insured vehicle, the Eighth Circuit U.S. Court of Appeals said Aug. 15 (Laura Dziadek v. The Charter Oak Fire Insurance Co., Nos. 16-4070, 16-4210, 8th Cir., 2017 U.S. App. LEXIS 15270).
NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on Aug. 17 affirmed a jury's verdict convicting a man of committing health care fraud and paying and receiving kickbacks for approving patients for home health care when they did not need such treatment (United States v. Warren Dailey, No. 16-20517, 5th Cir., 2017 U.S. App. LEXIS 15595).
DETROIT - A federal judge in Michigan on Aug. 15 issued a second order consolidating all of the lawsuits pertaining to the lead-contaminated water crisis in Flint, Mich., into one action in response to a motion to reconsider filed by a group of state employee defendants. The one-page order did not elaborate on the ruling (In re Flint Water Cases [Luke Waid, et al. v. Richard D. Snyder, et al.], No. 16-10444, E.D. Mich.).
CINCINNATI - A Sixth Circuit U.S. Court of Appeals panel on Aug. 17 affirmed a federal judge in Tennessee's ruling awarding damages to a contractor that helped remediate the site of the Manhattan Project but found that the judge should recalculate the amount of interest owed to the contractor under the Tennessee Prompt Pay Act (Eagle Supply and Manufacturing, L.P. v. Bechtel Jacobs Company, LLC, No. 16-6428, 6th Cir., 2017 U.S. App. LEXIS 15498).
WASHINGTON, D.C. - Ten months after Mylan Inc. first announced a settlement and seven months after the federal government said there was no such agreement, Mylan and the U.S. Justice Department on Aug. 17 finalized a $465 million settlement of claims that the EpiPen maker violated the False Claims Act by misclassifying the drug/device combination as generic to avoid paying higher rebates owed primarily to Medicaid (United States, ex rel. Sanofi-Aventis US LLC v. Mylan Inc., No. 16-11572, D. Mass.).
SAN FRANCISCO - A doctor with 30 years of experience reviewing asbestos and colon cancer cases satisfies the standard for offering an opinion on causation, a California appeals court held Aug. 14 in dismissing a company's complaints about the quality of some of the underlying evidence the expert relied upon (Dolores Duty, et al. v. TRZ Realty LLC, Nos. A142167, A143260, Calif. App., 1st Dist., 2017 Cal. App. Unpub. LEXIS 5616).
ST. LOUIS - A federal judge on Aug. 15 sentenced a podiatrist to 90 months in prison and ordered him to pay $6.9 million in restitution for fraudulently billing Medicare for services that were not rendered (United States v. Yev Gray, No. 15cr464, E.D. Mo.).
KANSAS CITY, Kan. - Three expert witnesses for the father of a veteran who killed himself after being discharged from a government hospital can testify that the suicide was caused by the U.S. Department of Veterans Affairs' failure to follow its guidelines and standard of care, a Kansas federal judge ruled Aug. 15 in deeming the experts' opinions reliable (Donald Draughon v. United States of America, No. 14-2264, D. Kan., 2017 U.S. Dist. LEXIS 129259).
TRENTON, N.J. - A driver for Lyft Inc., a transportation service ordered by customers via a mobile phone application, filed a class complaint on Aug. 15 in New Jersey federal court accusing Lyft of misrepresenting to drivers the fares being paid by riders and, as a result, paying drivers less than the amount to which they are contractually entitled (Keara Nieves, et al. v. Lyft, Inc., No. 17-6146, D. N.J.).
TALLAHASSEE, Fla. - Two amicus curiae parties on Aug. 15 joined a plaintiff in urging the Florida Supreme Court to reject the Daubert standard and reverse an appellate court's ruling excluding experts and negating an $8 million asbestos award (Richard DeLisle v. Crane Co., et al., No. SC16-2182, Fla. Sup.).
PHILADELPHIA - A Pennsylvania federal judge on Aug. 16 agreed with Amazon.com Inc. and Amazon Web Services Inc. (moving defendants, collectively) that a pro se plaintiff's claims of copyright infringement and unfair competition under the Lanham Act should be dismissed (Gordon Roy Parker v. PayPal Inc., et al., No. 16-4786, E.D. Pa., 2017 U.S. Dist. LEXIS 130800).
WASHINGTON, D.C. - An insurer's alternative interpretation of the Patient Protection and Affordable Care Act (ACA)'s lactation services mandate did not require consideration of an affidavit stating that the company complied with the law, a federal judge in the District of Columbia held Aug. 14 in declining to reconsider a motion to dismiss (Lindsay Ferrer, et al. v. CareFirst Inc., et al., No. 16-2162, D. D.C., 2017 U.S. Dist. LEXIS 110304).
ALEXANDRIA, Va. - A Novartis A.G. patent covering a method of administering the immunosuppressant fingolimod hydrochloride (FTY720) would have been obvious to a person of skill in the art, two drug companies argue in an Aug. 15 petition for inter partes review (IPR) by the Patent Trial and Appeal Board (Actavis Elizabeth LLC, et al. v. Novartis A.G., No. IPR2017-01946, PTAB).
ALEXANDRIA, Va. - In an Aug. 15 petition for inter partes review (IPR) before the Patent Trial and Appeal Board, Apple Inc. argues that a noninvasive physiological sensor patent "attempts to claim" a "simple concept" that had "been in common usage years before" the underlying application was filed (Apple Inc. v. Valencell Inc., No. IPR2017-01947, PTAB).