PHILADELPHIA - A Pennsylvania federal judge on April 15 denied dismissal of the core allegations in a False Claims Act lawsuit filed against Cephalon Inc. by three former employees who allege that the company engaged in off-label marketing of the wakefulness drug Provigil and its successor, Nuvigil (United States of America, ex rel. Bruce Boise, et al. v. Cephalon, Inc., et al., No. 08-287, E.D. Pa.; 2015 U.S. Dist. LEXIS 49341).
WILMINGTON, Del. - Holders of allowed asbestos personal injury claims against Chapter 11 debtor Energy Future Holdings Corp. (EFH) will be paid in full for their claims, according to a plan of reorganization and disclosure statement filed by the energy company April 14 in Delaware federal bankruptcy court (In re: Energy Future Holdings Corp., No. 14-10979, D. Del. Bkcy.).
CHICAGO - The National Collegiate Athletic Association (NCAA) and representatives of a class of student-athletes filed memoranda April 14 urging the federal judge overseeing concussion multidistrict litigation against the NCAA to approve a new settlement proposal (In re National Collegiate Athletic Association Student-Athlete Concussion Injury Litigation, MDL No. 2492, Master Docket No. 1:13-cv-09116, N.D. Ill.).
NEW YORK - A sale order and injunction issued pursuant to Section 363 of the U.S. Bankruptcy Code shields General Motors LLC (New GM) from liability for the majority of ignition-switch suits stemming from conduct on the part of General Motors Corp. (Old GM), a bankruptcy judge in New York held April 15 (In re: Chapter 11 Motors Liquidation Co., et al., f/k/a General Motors Corp., et al., No. 09-50026, S.D. N.Y. Bkcy.).
LEXINGTON, Ky. - A Kentucky federal judge on April 13 found that an injured worker's liability expert's report "lacks any methodology at all" and "is facially unreliable," leading him to grant a crane manufacturer's motion to strike (George Vincent Vaughn v. Konecranes Inc., et al., No. 5:14-cv-00136, E.D. Ky.; 2015 U.S. Dist. LEXIS 47855).
FRESNO, Calif. - A California appeals court on April 14 dismissed numerous claims asserted by a property owner in relation to a default on her loan, including claims for violation of the Truth in Lending Act (TILA) and the Real Estate Settlement Procedure Act (RESPA) as time-barred (Judy Burden v. California Reconveance Company, et al., No. 1:15-cv-00314, E.D. Calif.; 2015 U.S. Dist. LEXIS 49111).
COLUMBUS, Ohio - E.I. du Pont de Nemours & Co., which is being sued by a class that alleges personal injury and wrongful death in connection with a spill of perfluorooctanoic acid (also called C-8), on April 15 filed multiple answers to individual plaintiffs, contending that they are barred from obtaining relief due to a prior class action settlement (In re E.I. du Pont de Nemours and Co. C-8 Personal Injury Litigation, MDL No. 2433, No. 13-2433, S.D. Ohio).
CHARLOTTE, N.C. - Garlock Sealing Technologies LLC's proposed procedures for objecting to and disallowing claims of 2,333 people seeking payment for asbestos-related injuries under prepetition settlements with Garlock should be rejected because the procedures are one-sided, unreasonable and unnecessary in the face of more pressing litigation to determine if Garlock's plan of reorganization can be confirmed, the asbestos claimants' committee in Garlock's Chapter 11 case said April 13 in an objection filed in North Carolina federal bankruptcy court (In re: Garlock Sealing Technologies, LLC, No. 10-31607, W.D. N.C. Bkcy.).
BIG STONE GAP, Va. - A federal judge in Virginia on April 13 awarded summary judgment to a coal company accused by environmental groups of violating the Clean Water Act (CWA) by discharging pollutants at levels in excess of those allowed by its National Pollutant Discharge Elimination System (NPDES) permit, after the company provided documentation from the Virginia Division of Mined Land Reclamation (DMLR) that the company was not in violation of its permit (Southern Appalachian Mountain Stewards, et al. v. Red River Coal Company Inc., No. 14CV00025, W.D. Va.; 2015 U.S. Dist. LEXIS 48483).
BOSTON - After finding that no controversy exists in a case filed by a borrower who obtained a loan modification to prevent foreclosure, the First Circuit U.S. Court of Appeals on April 15 dismissed her claims against a bank as moot (Jodi B. Matt v. HSBC Bank USA, N.A., et al., No. 13-2209, 1st Cir.; 2015 U.S. App. LEXIS 6151).
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on April 15 upheld the dismissal of claims challenging two ordinances passed by the City of New Orleans related to paid detail for city police officers, finding that the ordinances did not violate the U.S. and state constitutions (Walter Powers, Jr., et al. v. United States of America, et al., No. 14-30444, 5th Cir.; 2015 U.S. App. LEXIS 6158).
DENVER - A Colorado magistrate federal judge on April 14 denied motions for protective orders filed by insurers regarding underwriting files, reserves and reinsurance in a dispute arising from coverage in an underlying construction defect case (The Phoenix Insurance Co., et al. v. Cantex Inc., et al. and Cantex Inc. v. Scottsdale Insurance Co. and Continental Casualty Co., No. 13-00507, D. Colo.; 2015 U.S. Dist. LEXIS 49502).
TYLER, Texas - A federal judge in Texas on April 14 sentenced a doctor found guilty of conspiracy to commit health care fraud, seven counts of health care fraud and seven counts of aggravated identity theft to 135 months in prison and ordered him to pay $599,128.02 in restitution (United States of America v. Tariq Mahmood, No. 13-cr-00032, E.D. Texas).
WASHINGTON, D.C. - A plaintiff won a judgment on the pleadings April 15 from a Delaware federal judge that two method patents relating to a two-way system of communication between a mobile device and a computer are not invalid (Messaging Gateway Solutions LLC v. Amdocs Inc., et al., No. 14-733, D. Del.).
NEW YORK - A couple lacks evidence that a defendant purchased the asbestos-containing products in question or that it knew of the dangers of the products in question, a New York justice held in an opinion posted April 13 (John P. Carroll and Mary Carroll v. CBS Corp., et al., No. 190262/12, N.Y. Sup., New York Co.; 2015 N.Y. Misc. LEXIS 1131).
OKLAHOMA CITY - A federal judge in Oklahoma on April 14 remanded an insurance bad faith lawsuit to state court, ruling that an insurance agent was not fraudulently joined in the action (Eileen Caballero v. Safeco Insurance Company of America Inc., et al., No. 14-1336, W.D. Okla.; 2015 U.S. Dist. LEXIS 48735).
MINNEAPOLIS - After eight years of litigation, the Minnesota federal judge overseeing the Levaquin multidistrict litigation on April 14 issued his final pretrial order and suggested that five pro se cases be remanded to transferor courts for trial (In Re: Levaquin Products Liability Litigation, MDL Docket No. 1943, No. 08-mc-1843, D. Minn.).
DENVER - A clinic renting space at a medical campus is not a landowner within the meaning of the Colorado Premises Liability Act (PLA), the Colorado Supreme Court ruled April 13 (Barbara Jordan v. Panorama Orthopedics & Spine Center, No. 13SC545, Colo. Sup.; 2015 Colo. LEXIS 293).
SAN JOSE, Calif. - Finding that LinkedIn Corp. does not qualify as a consumer reporting agency and that its "Reference Report[s]" do not constitute consumer reports, a California federal judge on April 14 granted the professional network provider's motion to dismiss a putative class action against it brought under the Fair Credit Reporting Act (FCRA) (Tracee Sweet, et al. v. LinkedIn Corp., No. 5:14-cv-04531, N.D. Calif.).
CHARLESTON, W.Va. - Statements made by Riddell Inc. about the effectiveness of its football helmets in reducing the incidence of concussions are "knowingly false," a youth football organization alleges in a putative class action complaint filed April 10 in the U.S. District Court for the Southern District of West Virginia (Midwestern Midget Football Club Inc. v. Riddell Inc., No. 2:15-cv-00255, S.D. W.Va.).
SAN FRANCISCO - A federal judge on April 13 issued an order addressing 16 motions in limine, including denying defendant Crane Co.'s attempt to exclude expert testimony that every exposure to asbestos can be a substantial factor in disease and partially granting motions involving the plaintiffs and U.S. Navy's status as sophisticated users (Barry Kelly and Molly Kelly v. CBS Corp., et al., No. 11-3240, N.D. Calif.).
LOS ANGELES - Lions Gate Entertainment Inc., the movie studio behind the hit horror film "Cabin in the Woods," was accused of copyright infringement on April 13 in California federal court (Peter Gallagher v. Lions Gate Entertainment Inc. et al., No. 15-2739, C.D. Calif.).
SAN FRANCISCO - After finding that a lender's attempt to enforce a security interest under a deed of trust in a nonjudicial foreclosure did not constitute debt collection, a California federal judge on April 14 dismissed a borrower's claim for violation of the Fair Debt Collection Practices Act (FDCPA) (Hung Tran v. Select Portfolio Servicing Inc., et al., No. 14-cv-05404, N.D. Calif.; 2015 U.S. Dist. LEXIS 49030).