PHILADELPHIA - While Pennsylvania does not impose strict liability for third-party parts, a product manufacturer who knows the hazards posed by asbestos-containing parts originally supplied with its product always has a duty to warn about replacement parts under Pennsylvania negligence law, the judge overseeing the federal asbestos multidistrict litigation held May 27 (Joseph Schwartz, et al. v. Abex Corp., et al., No. MDL 875, 05-2511, E.D. Pa.; 2015 U.S. Dist. LEXIS 68074).
NEW YORK - Pennsylvania law allowing employee tort actions where a disease arises outside the window for a workers' compensation action applies to an asbestos action filed in New York and alleging exposure in Pennsylvania, a New York justice held in an opinion posted May 27 (Venetia Kontogouris, et al. v. A.O. Smith Water Products Inc., et al., No. 190397/2014, N.Y. Sup., New York Co.; 2015 N.Y. Misc. LEXIS 1839).
OAKLAND, Calif. - A California federal judge on May 27 found that a property owner failed to properly plead her claim under California Civil Code Section 2923.6 and dismissed the claim with leave to amend, but allowed her claims for violations of Section 2924.12 and California Business and Professions Code Section 17200 can proceed (Veronica A. Gonzales v. Wells Fargo Bank, N.A., No. 14-03850, N.D. Calif.; 2015 U.S. Dist. LEXIS 68554).
AUSTIN, Texas - The special deputy receiver of an insolvent insurer asked a Texas court on May 26 to approve the $15 million settlement of certain asbestos related bodily injury claims (State of Texas v. Highlands Insurance Company, No. D-1-GV-03-004537, Texas, 53rd Dist., Travis Co.).
WILMINGTON, Del. - Citing "loser pays" language in a 1991 agreement, a Delaware federal judge on May 27 deemed Medtronic Inc. entitled to an award of all attorney fees and costs it incurred in bringing a declaratory judgment patent noninfringement lawsuit in 2007 (Medtronic Inc. v. Boston Scientific Corp. et al., No. 07-823, D. Del.; 2015 U.S. Dist. LEXIS 68009).
ST. LOUIS - An Arkansas federal court erred in granting injunctive relief in a union dispute as the National Labor Relations Board (NLRB) failed to demonstrate irreparable injury, the Eighth Circuit U.S. Court of Appeals ruled May 27 (M. Kathleen McKinney, Regional Director of Region 15 of the National Labor Relations Board and on behalf of the National Labor Relations Board v. Southern Bakeries, LLC, No. 14-3017, 8th Cir.; 2015 U.S. App. LEXIS 8710).
PHOENIX - An Arizona state court jury on May 22 awarded $2.5 million to the estate of a woman who contracted Methicillin-resistant Staphylococcus aureus (MRSA) after developing a bedsore while in a nursing home (The Estate of Doris L. Cote, et al. v. Five Star Quality Care Inc., et al., No. CV2012-094285, Ariz. Super., Maricopa Co.).
SAN JOSE, Calif. - A California federal judge on May 26 granted certification of a nationwide class in a lawsuit asserting that Yahoo Inc. violated the Stored Communications Act (SCA) by scanning the emails of people that are not subscribers of its Yahoo Mail service (In Re Yahoo Mail Litigation, No. 5:13-cv-04980, N.D. Calif.; 2015 U.S. Dist. LEXIS 68585).
BOSTON - Mississippi has voluntarily dismissed its common benefit fee appeal in the Fresenius GranuFlo/NaturaLyte multidistrict litigation after the MDL court clarified that the state is not subject to a common benefit assessment, according to a May 26 judgment by the First Circuit U.S. Court of Appeals (In Re: Fresenius GranuFlo/NaturaLyte Dialysate Products Liability Litigation, No. 15-1211, 1st Cir.).
DENVER - Title VII of the Civil Rights Act of 1964's requirement that a claimant verify the charges against an employer is a nonjurisdictional matter, the 10th Circuit U.S. Court of Appeals ruled May 27 (Sabreen Gad v. Kansas State University, No. 14-3050, 10th Cir.; 2015 U.S. App. LEXIS 8782).
BOSTON - The First Circuit U.S. Court of Appeals on May 27 found that a private middle school's complaint provided a plausible basis for showing that an insurer issued a policy more than 40 years ago, reversing and remanding a lower court's ruling in favor of the insurer in a dispute over coverage for a recent claim against the school involving events that allegedly occurred during the 1967-68 academic year (Cardigan Mountain School v. New Hampshire Insurance Co., No. 14-2182, 1st Cir.; 2015 U.S. App. LEXIS 8725).
SAN FRANCISCO - A California federal magistrate judge on May 26 granted a bank's motion to dismiss claims for fraud and violation of California's unfair competition law (UCL), finding that they failed to submit any evidence showing that a genuine issue exists for trial (Michael Peterson, et al. v. Wells Fargo Bank, N.A., No. 13-cv-03392, N.D. Calif.; 2015 U.S. Dist. LEXIS 67929).
DETROIT - After finding that homeowners failed to submit any evidentiary support to show that they are likely to succeed on the merits of their wrongful foreclosure-related claims, a Michigan federal judge on May 27 denied their motion for a temporary restraining order (Danny Koole, et al. v. Wells Fargo Bank, NA, No. 14-13976, E.D. Mich.; 2015 U.S. Dist. LEXIS 67998).
LOUISVILLE, Ky. - An expert's testimony about the safety warning label on an arrow is irrelevant and unreliable, so the arrow maker is entitled to summary judgment on strict liability and negligence claims filed by a man who was injured when an arrow he was shooting broke in two as he released it from the bow, a Kentucky federal judge held May 27 (Darcy Yonts v. Easton Technical Products, Inc., No. 3:11-cv-535, W.D. Ky.; 2015 U.S. Dist. LEXIS 68224).
MADISON, Wis. - Although conceding that a defendant's counterclaims and affirmative defenses are "probably" "technically insufficient," a Wisconsin federal judge on May 27 nonetheless denied a plaintiff's motion to dismiss and/or strike (Nouis Technologies Inc. v. Polaris Industries Inc., No. 14-233, W.D. Wis.; 2015 U.S. Dist. LEXIS 68128).
NEW YORK - The attorneys representing Steven Donziger, the attorney for a group of Ecuadorian residents who won an $18.5 billion judgment against Chevron Corp. for personal injuries caused by the company's oil operations in the Lago Agrio region of Ecuador, on May 22 filed a brief in the Second Circuit U.S. Court of Appeals arguing that the company cannot collaterally attack the judgment at issue in the case (Chevron Corporation v. Steven R. Donziger, et al., No. 14-826, 2nd Cir.).
HARTFORD, Conn. - Because there is no evidence that the personal information contained on lost computer tapes was published or accessed by a third party, the Connecticut Supreme Court on May 26 affirmed an appellate court's finding that there was no injury from the loss and, therefore, no coverage under the plaintiffs' commercial general liability or umbrella insurance policies (Recall Total Information Management Inc., et al. v. Federal Insurance Co., et al., No. 19291, Conn. Sup.; 2015 Conn. LEXIS 150).
BROOKLYN, N.Y. - A doctor who was the principal investigator in clinical trials studying the use of Propecia to treat enlarged prostate glands may face a contempt of court citation for allegedly ignoring a subpoena from plaintiffs in a New York multidistrict litigation, according to a May 26 motion and brief (In Re: Propecia [Finasteride] Products Liability Litigation, MDL Docket No. 2331, No. 12-md-2331, E.D. N.Y.).
DETROIT - A federal judge in Michigan on May 27 denied motions to dismiss filed by defendants accused by State Farm Mutual Automobile Insurance Co. of engaging in a scheme to submit fraudulent bills for medical services provided to patients under their no-fault automobile policies, holding that the insurance company sufficiently stated claims against the providers (State Farm Mutual Automobile Insurance Co. v. Pointe Physical Therapy LLC, et al., No. 14-cv-11700, E.D. Mich.; 2015 U.S. Dist. LEXIS 67999).
TACOMA, Wash. - An insurer has no duty to indemnify because an insured failed to show that alleged property damage from defective windows arose during an excess insurance policy period, a Washington federal judge ruled May 27, also finding that the insurer did not act in bad faith (Milgard Manufacturing Inc. v. Liberty Mutual Insurance Co., No. 13-6024, W.D. Wash.; 2015 U.S. Dist. LEXIS 68618).
PHILADELPHIA - On the eve of a planned June 1 trial, the Federal Trade Commission and Cephalon Inc. announced May 28 a $1.2 billion settlement in their long-running antitrust battle over reverse payments made in connection with the patented prescription sleep-disorder drug Provigil (Federal Trade Commission v. Cephalon Inc., No. 08-2141, E.D. Pa.).
NEW HAVEN, Conn. - A reinsurer on May 26 asked a federal court in Connecticut to order another reinsurer to post pre-pleading security in a dispute over a reinsurance billing of more than $1 million because the other reinsurer does not have a license to offer reinsurance in Connecticut (Select Insurance Company v. Excalibur Reinsurance Corporation, f/k/a PMA Capital Insurance Company, No. 15-cv-00715, D. Conn.).