MASON, Mich. - A Michigan judge on Feb. 19 approved the settlement of certain health care provider claims against an insurer in rehabilitation (Patrick McPharlin, Director of the Department of Insurance and Financial Services v. Affirmative Insurance Company of Michigan, No. 15-898-CR, Mich. Cir., Ingham Co.).
MINNEAPOLIS - The Minnesota federal judge overseeing the Bair Hugger multidistrict litigation on Feb. 23 appointed attorneys to plaintiff and defense leadership roles (In Re: Bair Hugger Forced Air Warming Products Liability Litigation, MDL Docket No. 2666, No. 15-md-2666, D. Minn.).
RICHMOND, Va. - A real estate developer's untimely notice of a claim over alleged defective soil settlement issues prejudiced its commercial general liability insurers, the Fourth Circuit U.S. Court of Appeals held Feb. 23, upholding summary judgment to the insurers (St. Paul Mercury Insurance Co. and National Surety Corp. v. THF Clarksburg Development Two, LLC, et al., No. 15-1453, 4th Cir.).
PITTSBURGH - A Pennsylvania federal judge on Feb. 22 granted a lender's motion to dismiss state and federal law claims asserted against it, finding no evidence to show that it was attempting to foreclose on an underlying mortgage that it does not own (Mark DeHaven v. Planet Home Lending LLC, et al., No. 2:15-cv-380, W.D. Pa.; 2016 U.S. Dist. LEXIS 21404).
NEW YORK - Two counterclaim defendants won a summary judgment Feb. 22 of patent ineligibility under 35 U.S. Code Section 101, when a New York federal judge agreed that the invention asserted in the action - a method for correlating the advertisements that consumers view with their purchasing behavior - claims an abstract idea under Alice Corp. v. CLS Bank (134 S. Ct. 2347, 2354 ) (TNS Media Research LLC, et al. v. TRA Global Inc., No. 11-4039, S.D. N.Y.; 2016 U.S. Dist. LEXIS 21218).
TAMPA, Fla. - After finding that it lacked jurisdiction over claims asserted by a former property owner's claims related to a mortgage under the doctrine established in Rooker v. Fidelity Trust Co. (263 U.S. 413 ) and District of Columbia Court of Appeals v. Feldman (460 U.S. 462 ) and that the claims were barred by res judicata, a Florida federal judge on Feb. 23 granted a motion to dismiss the case (Albert Salmon v. Aurora Loan Services LLC, et al., No. 8:15-cv-2339, M.D. Fla.; 2016 U.S. Dist. LEXIS 21854).
ATHENS, Ga. - Universal Purchasing Code (UPC) stickers placed on quail that indicate that a plaintiff is the source of the quail when, in reality, the quail was sourced by a different supplier could lead to consumer confusion, a Georgia federal judge ruled Feb. 22 (Manchester Farms Inc. v. Supremas Inc., No. 14-44, M.D. Ga.; 2016 U.S. Dist. LEXIS 20832).
BOISE, Idaho - An attempt by two defendants to obtain dismissal of trademark counterfeiting claims by invoking the first-sale doctrine was rejected Feb. 22 by an Idaho federal judge (Lone Wolf Distributors Inc. v. Bravoware Inc., et al., No. 15-16, D. Idaho; 2016 U.S. Dist. LEXIS 21325).
SHERMAN, Texas - A plaintiff in a wrongful termination case against his former employers complied with Rule 26 of the Federal Rules of Civil Procedure when submitting an expert report on loss of income and benefits, as well as past and future damages, a Texas federal judge ruled Feb. 23, denying a motion to bar the report (Scott Butler v. American Heritage Life Insurance Co. and Allstate Insurance Co., No. 13-199, E.D. Texas; 2016 U.S. Dist. LEXIS 21571).
DETROIT - Two defendants won summary judgment on allegations of copyright infringement Feb. 23 when a Michigan federal judge agreed that they were granted an implied, nonexclusive license to use a plaintiff's software code (Vasudeva Mahavisno v. Compendia Bioscience Inc., et al., No. 13-12207, E.D. Mich.; 2016 U.S. Dist. LEXIS 21588).
NEW YORK - Chapter 11 debtor Rapid-American Corp. and the three insurers that have not settled their coverage disputes with the debtor on Feb. 22 agreed to a briefing schedule and hearing date for Rapid-American's motions for summary judgment on the insurers' obligation to pay for asbestos personal injury claims (Rapid-American Corporation, et al. v. Travelers Casualty and Surety Company, et al., No. 15-01095, S.D. N.Y. Bkcy.).
COLUMBUS, Ohio - E. I. du Pont de Nemours and Co., which was sued by Ohio residents who allege that the company is liable for personal injuries from exposure to perfluorooctanoic acid (known as C8), on Feb. 23 filed a brief in Ohio federal court arguing that one particular plaintiff cannot show that the company is liable for his cancer and, therefore, those claims should be dismissed (In re E.I. du Pont de Nemours and Co. C-8 Personal Injury Litigation, MDL No. 2433, No. 13-2433, S.D. Ohio).
NEW YORK - The New York federal judge overseeing the Mirena intrauterine device (IUD) multidistrict litigation on Feb. 23 ordered plaintiffs' counsel in three cases to certify that they are complying with the court's order on ex parte communications with treating physicians but denied defendant Bayer HealthCare Pharmaceuticals Inc.'s request for certifications from counsel in all other deposition pool cases (In Re: Mirena IUD Products Liability Litigation, MDL Docket No. 2434, S.D. N.Y.).
ANN ARBOR, Mich. - A federal judge in Michigan on Feb. 22 granted State Farm Mutual Automobile Insurance Co.'s motion to dismiss counterclaims asserted by defendants accused of submitting fraudulent bills, ruling that they failed to sufficiently state claims that the insurer was engaged in a scheme to fraudulently deny and delay payments on the claims (State Farm Mutual Automobile Insurance Company v. Louis Radden, D.O., et al., No. 14-cv-13299, E.D. Mich.; 2016 U.S. Dist. LEXIS 20717).
SOUTH BEND, Ind. - A federal judge in Indiana on Feb. 19 awarded summary judgment to a defendant company in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) lawsuit, holding that the plaintiff corporation was unable to show that the defendant contributed to contamination at the site and that the plaintiff failed to successfully challenge the defendant company's 2012 filing of a certificate of cancellation in Delaware (Anthony Wayne Corporation v. Elco Fastening Systems LLC, et al., No. 13CV1406-PPS, N.D. Ind.; 2016 U.S. Dist. LEXIS 20243).
PITTSBURGH - While a professor may testify as to the installation and removal of a trash conveyor and whether the conveyor had moved, he may not testify as to the necessity and value of the conveyor, a Pennsylvania federal judge ruled Feb. 22, granting and denying in part a motion to exclude testimony in a defective design lawsuit against manufacturers of the conveyor (Brandi L. McKenzie v. Dematic Corp., et al., No. 12-250, W.D. Pa.; 2016 U.S. Dist. LEXIS 21256).
KANSAS CITY, Mo. - A Missouri Court of Appeals panel on Feb. 23 affirmed a trial court's ruling that a homeowner's lawsuit was barred by the doctrine of res judicata, holding that he failed to present any evidence that a second lawsuit he filed against the home builder did not arise out of the same transaction or occurrence (H. David Roy v MBW Construction Inc., et al., No. WD78673, Mo. App., Western Dist., Div. 3; 2016 Mo. App. LEXIS 167).
PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on Feb. 19 reversed a decision that found alleged misrepresentations about video game packaging were not actionable under California's unfair competition law (UCL) or the False Advertising Act (FAL), reversing and remanding the case so that the claimants can amend their complaint (Bruce McMahon, et al. v. Take-two Interactive Software, Inc., No. 14-55296, 9th Cir.; 2016 U.S. App. LEXIS 2987).
NEW YORK - Registering to do business and appointing an agent as required by Connecticut statute falls short of creating general jurisdiction, a Second Circuit U.S. Court of Appeals panel held Feb. 18 in affirming dismissal of an asbestos action (Cindy S. Brown, et al. v. Lockheed Martin Corp., et al., No. 14-4083, 2nd Cir.; 2016 U.S. App. LEXIS 2763).
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Feb. 22 affirmed a district court's dismissal of a former property owner's claims related to the foreclosure of his house, finding that nonwaiver provisions applied to this claims (Timothy Martin v. Federal National Mortgage Association, No. 15-41104, 5th Cir.; 2016 U.S. App. LEXIS 3082).
LANSING, Mich. - The Michigan State Board of Canvassers on Feb. 22 approved a petition to recall Gov. Rick Snyder in connection with decisions that preceded the lead contamination in the drinking water of the City of Flint.
PALM BEACH, Fla., - A Florida jury on Feb. 23 found that a woman who sued two tobacco companies claiming that they concealed the dangers of smoking from her was not a member of the Engle class and, therefore, entered a verdict in favor of the defense (Elizabeth Ann Smith, et al. v. R.J. Reynolds Tobacco Co., No. 2007-CA-023930, Fla. Cir., 15th Jud. Cir., Palm Beach Co.).
WASHINGTON, D.C. - The "objective/subjective" test for enhanced patent damages - already rejected in the attorney fee context - came under fire Feb. 23 at the U.S. Supreme Court in one hour of consolidated argument covering two cases (Stryker Corp., et al. v. Zimmer Inc. and Zimmer Surgical, No. 14-1520; Halo Electronics Inc. v. Pulse Electronics Inc. and Pulse Electronics Corp., No. 14-1513, U.S. Sup.).
ST. LOUIS - A jury in Missouri on Feb. 22 awarded the family of a woman who died from ovarian cancer $72 million in a lawsuit against Johnson & Johnson, finding that it was liable for her death as a result of her use of talc-containing products made by the company (Tiffany Hogans, et al. v. Johnson & Johnson, et al., No. 1422-CC-09012, Mo. Cir., St. Louis City, 22nd Jud. Dist.).
BOSTON - The U.S. Supreme Court's holding in Federal Trade Commission v. Actavis, Inc. (133 S.Ct. 2233 ) is not limited to patent infringement settlement agreements that involve only reverse payments in pure cash form, the First Circuit U.S. Court of Appeals ruled Feb. 22, vacating and remanding a dispute over generic Loestrin 24 FE (In re: Loestrin 24 FE Antitrust Litigation, Nos. 14-2071, 15-1250, 1st Cir.; 2016 U.S. App. LEXIS 3049).