LOS ANGELES - A California federal judge on Sept. 12 granted a request to remand claims for violation of California's unfair competition law (UCL) and other claims asserted by operators of sleep centers in relation to allegedly unpaid medical care by insurers, finding that the district court lacked federal jurisdiction (Northern Va. Operating Co. LLC, et al. v. CIGNA Healthcare of Ca. Inc., et al., No. 16-5168, C.D. Calif.; 2016 U.S. Dist. LEXIS 124291).
FRESNO, Calif. - A California federal judge on Sept. 14 granted a motion filed by a producer of mulch that was sold by Lowes Home Centers LLC to dismiss claims for violation of California's unfair competition law (UCL) and other California law claims in relation to the amount of mulch that is in the bags, finding that a purchaser lacked standing (Glenn McMillan v. Lowes Home Centers LLC, et al., No. 1:15-cv-00695, E.D. Calif.; 2016 U.S. Dist. LEXIS 125162).
SEATTLE - In a Sept. 12 brief filed in Washington federal court, Microsoft Corp. contends that documents sought by the Internal Revenue Service in an enforcement action "are protected by multiple privilege claims" as confidential legal and tax advisory communications (United States of America v. Microsoft Corp., et al., No. 2:15-cv-00102, W.D. Wash.).
ALEXANDRIA, Va. - A patented method that purportedly improves electronic trading is likely invalid under 35 U.S. Code Section 101, the Patent Trial and Appeal Board concluded Sept. 13 in a decision to institute covered business method (CBM) review (CQG Inc., et al. v. Chart Trading Development LLC, No. CBM2016-00046, PTAB).
ALEXANDRIA, Va. - Six claims of a patent covering database query optimization will be the subject of an upcoming inter partes review (IPR), the Patent Trial and Appeal Board announced Sept. 14 (Realtime Data LLC v. Oracle International Corp., No. IPR2016-00695, PTAB).
CHICAGO - An April 2016 dismissal, pursuant to Federal Rule of Civil Procedure 12(b)(6), of allegations that myriad defendants infringed a patented method for enhanced mercury control in coal-fired power plants will not be reconsidered, an Illinois federal judge revealed Sept. 14 (Nalco Company v. Chem-Mod LLC, et al., No. 14-2510, N.D. Ill.; 2016 U.S. Dist. LEXIS 124800).
CHARLESTON, W.Va. - One month after dismissing a purported copyright infringement case, a West Virginia federal judge on Sept. 12 granted a plaintiff leave to amend in light of the plaintiff's recently received copyright registrations (CSS Inc. v. Christopher Herrington, et al., No. 16-1762, S.D. W.Va.; 2016 U.S. Dist. LEXIS 122869).
DETROIT - A federal judge in Michigan on Sept. 14 granted a shareholder's motion for appointment of lead plaintiff and lead counsel in a securities class action lawsuit, ruling that the shareholder has met all statutory requirements to serve in those roles (Livonia Employees' Retirement System v. Talmer Bancorp Inc., et al., No. 16-12229, E.D. Mich.; 2016 U.S. Dist. LEXIS 124417).
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Sept. 13 affirmed a lower federal court's summary judgment ruling in favor of a homeowners insurer in a coverage dispute over repairs to the insured's damaged roof following a hailstorm (Toney v. State Farm Lloyds, et al., No. 14- 40914, 5th Cir.; 2016 U.S. App. LEXIS 16771).
WILMINGTON, Del. - Three asbestos personal injury claimants on Sept. 12 appealed a Delaware federal bankruptcy court's recent confirmation of the first of two plans of reorganization for Chapter 11 debtor Energy Future Holdings Corp. (EFH) to federal court (In re: Energy Future Holdings Corp., et al., No. 14-10979, D. Del. Bkcy.).
NEW YORK - A federal judge in New York erred in determining that defendants in a securities class action lawsuit failed to timely file any opposition to a motion for class certification because the civil case management plan and scheduling order entered by the judge set an Oct. 11 deadline for the opposition to be filed, defendants argue in a letter filed Sept. 14 (Arthur Menaldi v. Och-Ziff Capital Management Group LLC, et al., No. 14-3251, S.D. N.Y.).
FORT LAUDERDALE, Fla. - After rejecting an expert's testimony that every exposure to asbestos substantially contributes to developing mesothelioma, a Florida appeals court on Sept. 14 granted a directed verdict to a gasket company and ordered a new trial for a tobacco company (Crane Co., R.J. Reynolds Tobacco Co., and Hollingsworth & Vose Co. v. Richard DeLisle and Aline DeLisle, Nos. 4D13-4351, 4D14-146, Fla. App., 4th Dist.).
NEW YORK - The Second Circuit U.S. Court of Appeals on Sept. 14 denied General Motors LLC's petition for panel rehearing or rehearing en banc of the court's July decision that the 2009 sale order under which it purchased assets from the bankrupt General Motors Corp. violated the due process rights of people allegedly injured by an ignition switch defect in GM vehicles (In Re: Motors Liquidation Company, Nos. 15-2844, 15-2847 and 15-2848, 2nd Cir.).
WILMINGTON, Del. - The Delaware Supreme Court on Sept. 12 determined that coverage for underlying asbestos bodily injury claims is owed if the bodily injury was sustained during the applicable policy periods of the excess insurance policies at issue (In re Viking Pump Inc. and Warren Pumps LLC Insurance Appeals, Nos. 518, 2014; 523, 2014; 525, 2014; 528, 2014, Del. Sup.; 2016 Del. LEXIS 474).
SAN JOSE, Calif. - In a putative class complaint filed Sept. 12 in California federal court, a New York man alleges breach of contract and unfair competition against Apple Inc. for its purported failure to live up to its pledge to annually furnish the latest models of iPhones to members of its "iPhone Upgrade Program" (Emil Frank v. Apple Inc., No. 5:16-cv-05217, N.D. Calif.).
WASHINGTON, D.C. - In a Sept. 13 order, the U.S. Supreme Court denied an application for stay filed by Backpage.com LLC CEO Carl Ferrer, in which he sought relief from a District of Columbia Circuit U.S. Court of Appeals order requiring him to comply with a U.S. Senate subcommittee subpoena related to an investigation of online sex trafficking (Carl Ferrer v. Senate Permanent Subcommittee on Investigations, No. 16A236, U.S. Sup.; 2016 U.S. LEXIS 4452).
MILWAUKEE - Efforts by myriad infringement defendants to invalidate various copyrights as a sanction for the alleged spoliation of evidence were unsuccessful on Sept. 12, when a Wisconsin federal judge denied the request and instead scheduled the case for trial, indicating that no reference to spoliation will appear in the jury instructions (Design Basics LLC v. Campbellsport Building Supply Inc., et al., No. 13-560, E.D. Wis.; 2016 U.S. Dist. LEXIS 123126).
BOSTON - A Massachusetts federal judge on Sept. 13 granted three California plaintiffs' motion to sever and transfer their class action claims against a cleaning franchisor to the U.S. District Court for the Northern District of California, saying that California has a greater interest in this case and that all claims brought by Massachusetts plaintiffs have been dismissed (Giovani Depianti, et al. v. Jan-Pro Franchising Inc., No. 08-10663, D. Mass.; 2016 U.S. Dist. LEXIS 124106).
NEWARK, N.J. - A New Jersey federal judge on Sept. 13 granted final certification of a collective action filed by assistant store managers (ASMs) seeking unpaid overtime wages under the Fair Labor Standards Act (FLSA) and certified three out of four proposed classes alleging violations of various state wage-and-hour laws (Kyle Rivet, et al. v. Office Depot, Inc., No. 12-2992, D. N.J.; 2016 U.S. Dist. LEXIS 123655).
MIAMI - A contractual dispute was dismissed Sept. 12 by a Florida federal judge, who found that a plaintiff's allegations of trademark infringement - the only alleged basis for federal jurisdiction - fail to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6) (Mainstream Advertising Inc. v. Moniker Online Services LLC, No. 16-61316, S.D. Fla.; 2016 U.S. Dist. LEXIS 123132).
NEW YORK - A New York federal judge on Sept. 12 explained, in writing, his Aug. 31 "bottom-line Order" that dismissed allegations of copyright infringement levied against pop star Beyonce and others associated with the film and musical album "Lemonade" (Matthew Fulks v. Beyonce Giselle Knowles-Carter, et al., No. 16-4278, S.D. N.Y.; 2016 U.S. Dist. LEXIS 123150).