PHILADELPHIA - A holding by a New Jersey federal judge that a settlement of patent litigation that involves only an agreement to relinquish the right to produce an "authorized generic" (no-AG agreement) did not implicate federal antitrust law was vacated by the Third Circuit U.S. Court of Appeals on June 26 (King Drug Company of Florence Inc. et al. v. GlaxoSmithKline LLC et al., No. 14-1243, 3rd Cir.; 2015 U.S. App. LEXIS 10859).
MADISON, Wis. - A police officer injured in a training exercise cannot succeed on most of his theories of negligence asserted against a tactical training company because he failed to provide an expert witness to prove negligence, a Wisconsin federal judge held June 26 in granting in part the training company's request for summary judgment (Todd A. Carlson v. Tactical Energetic Entry Systems, LLC, et al., No. 14-cv-248, W.D. Wis.; 2015 U.S. Dist. LEXIS 83117).
SAN JUAN, Puerto Rico - A Puerto Rico federal magistrate judge on June 24 recommended that a motion for conditional certification in a wage dispute against Avon Products Inc. be granted in part and that Avon's motion to strike be denied (Helen Rossello, et al. v. Avon Products, Inc., No. 14-1815, D. Puerto Rico; 2015 U.S. Dist. LEXIS 83388).
NEWARK, N.J. - The bare metal defense entitles three product manufacturers to summary judgment, a judge said before remanding the remainder of the asbestos action on June 26 (Linda Hammell, et al. v. Air & Liquid Systems Corp., et al., No. 14-13, D. N.J.; 2015 U.S. Dist. LEXIS 83154, 2015 U.S. Dist. LEXIS 83153, 2015 U.S. Dist. LEXIS 83152).
SANTA ANA, Calif. - A federal judge in California on June 24 dismissed all claims, including violations of the state's unfair competition law (UCL), in a home mortgage modification dispute, saying the plaintiff failed to plead her claims with the particularity required (Cozette Hanich v. Citimortgage Inc., No. 15-557, C.D. Calif.; 2015 U.S. Dist. LEXIS 82170).
NEW YORK - Materials and communications related to the plaintiff's counsel's investigation in a privacy class action do not qualify for attorney-client privilege, a New York federal magistrate ruled June 26, allowing the defendant to conduct a limited deposition of the attorney (Betsy Feist v. Paxfire Inc., et al., No. 1:11-cv-05436, S.D. N.Y.).
GREENVILLE, S.C. - A South Carolina federal judge on June 25 granted a motion by restaurant servers to conditionally certify a Fair Labor Standards Act (FLSA) collective action, but denied the plaintiffs' subsequent motion to narrow the scope of the class (Lynn Walter, et al. v. Buffets Inc., d/b/a HomeTown Buffets, Old Country Buffet, Fire Mountain, Country Buffet, Ryan's, No. 13-2995, D. S.C.; 2015 U.S. Dist. LEXIS 82507).
CINCINNATI - A Texas appeals panel on June 25 affirmed a lower court's ruling that an excess insurer has a duty to reimburse the defense costs that its insured incurred in an underlying lawsuit alleging that it failed to fully remit hotel taxes (Illinois Union Insurance Co. v. Sabre Holdings Corporation, et al., No. 02-14-00130-CV, Texas App., 2nd Dist.; 2015 Tex. App. LEXIS 6567).
WASHINGTON, D.C. - Efforts by the assignees of a patent covering a method for distributing copyrighted products over the Internet for review of a Federal Circuit U.S. Court of Appeals determination of patent ineligibility were unsuccessful on June 29 (Ultramercial LLC and Ultramercial Inc. v. WildTangent Inc., No. 14-1392, U.S. Sup.).
HARRISBURG, Pa. - An appeals court improperly vacated a $4.6 million award against a Pennsylvania utility company, a man who was injured while working as a contractor on poles owned by the utility argues in a brief filed in the Pennsylvania Supreme Court on June 25 (Vincent P. Nertavich Jr. v. PPL Electric Utilities Corp., et al., No. 21 EAP 2015, Pa. Sup.).
GRAND RAPIDS, Mich. - After ruling on the final legal issues in an environmental contamination coverage dispute, a Michigan federal judge on June 25 adjourned a scheduled trial and said the insured and insurer are in a position to propose a final judgment in the suit (Decker Manufacturing Corp. v. The Travelers Indemnity Co., No. 13-820, W.D. Mich.; 2015 U.S. Dist. LEXIS 82433).
CHICAGO - A woman who was injured when an escalator stopped suddenly, causing her to fall, has alleged sufficient facts to put the company that maintained the escalator on notice of her allegations against it, a federal judge ruled June 25 (Antoinette Calvert v. Office Depot Inc., No. 14-6145, N.D. Ill.; 2015 U.S. Dist. LEXIS 82950).
CINCINNATI - Because a disability claimant was unable to perform two-thirds of his regular occupational duties, the claimant was totally disabled, the Sixth Circuit U.S. Court of Appeals said June 24 (Louis Leonor v. Provident Life and Accident Co. et al., Nos. 14-2120, 14-2152, 6th Cir.; 2015 U.S. App. LEXIS 10647).
WASHINGTON, D.C. - The U.S. Supreme Court on June 29 declined to grant certiorari in a challenge to an appellate court's ruling that an eyelash growth product is actually a drug that was sold without approval in violation of California's unfair competition law (UCL) (Athena Cosmetics, Inc. v. Allergan, Inc., No. 13-1379, U.S. Sup.).
NEW HAVEN, Conn. - A group of reinsurers told a federal court in Connecticut on June 26 that their reinsured's claim regarding certain environmental damage losses should not be counted as a single occurrence (Travelers Casualty and Surety Company v. ACE Property & Casualty Insurance Company, et al., No. 15-cv-00275, D. Conn.).
ORLANDO, Fla. - A genuine dispute exists over whether a subcontractor caused any delays in a construction project, a Florida magistrate judge found June 26, denying summary judgment to a contractor and its surety (The Davis Group Inc. v. Ace Electric Inc. and The Hartford Casualty Insurance Co., No. 14-251, M.D. Fla.; 2015 U.S. Dist. LEXIS 83368).
WASHINGTON, D.C. - The District of Columbia Circuit U.S. Court of Appeals on June 26 denied a petition to appeal class certification granted in suit over the alleged denial of long-term care alternatives to Medicaid recipients in the District of Columbia (In re: District of Columbia, a municipal corporation, No. 14-8001, D.C. Cir.; 2015 U.S. App. LEXIS 10849).
WASHINGTON, D.C. - The question of whether copyright protection for software extends to all elements of the original work, even when those elements could have been written in more than one way, will not be answered by the U.S. Supreme Court, which denied certiorari in a high-profile dispute between Google Inc. and Oracle America Inc. on June 29 (Google Inc. v. Oracle America Inc., No. 14-410, U.S. Sup.).
PHOENIX - An Arizona appeals panel on June 25 ordered a state court judge to determine if a construction company waived its due process rights when entering into a contract that required it to resolve any disputes through the Arizona Board of Regents' (ABOR) administrative procedures, ruling that he abused his discretion when considering evidence outside of the pleadings when dismissing the lawsuit (Holder Construction Group LLC v. Arizona Board of Regents, et al., No. 1 CA-CV 14-0390, Ariz. App., Div. 1; 2015 Ariz. App. Unpub. LEXIS 848).
PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on June 23, in a ruling affirming the dismissal of a class complaint, declined to expand the coverage of the Song-Beverly Credit Card Act to online transactions (Michael Ambers, et al. v. Buy.com, Inc., No. 13-55953, 9th Cir.; 2015 U.S. App. LEXIS 10614).