PHILADELPHIA - Two Pennsylvania men filed a class complaint in the U.S. District Court for the Eastern District of Pennsylvania on May 6 against the participants and promotors of a boxing match between Floyd Mayweather and Emmanuel Pacquiao touted as "The Fight of the Century" for giving them anything but (Allan H. Gordon, et al. v. Showtime Networks Inc., et al., No. 15-2511, E.D. Pa.).
SAN FRANCISCO - A Fourth District California Court of Appeal ruling that the settlement of infringement litigation involving a generic form of the antibiotic Cipro did not constitute an illegal restraint of trade because the settlement term did not extend beyond the scope of the patent was reversed May 7 by the California Supreme Court (In Re: Cipro Cases I and II, No. S198616, Calif. Sup.).
MINNEAPOLIS - Plaintiffs in the brain-injury multidistrict litigation against the National Hockey League (NHL) may depose NHL Commissioner Gary Bettman after other fact witnesses have been deposed, subject to a protective order, U.S. Judge Susan Nelson of the District of Minnesota ruled May 5 (In re: National Hockey League Players Concussion Injury Litigation, MDL No. 14-2551, D. Minn.).
LONDON - A Guernsey mining firm on May 7 announced that the London High Court recently decided that it will help with an investigation being conducted by the Republic of Guinea by assisting with the production of documents (BSG Resources Limited v. Republic of Guinea, No. ARB/14/22, ICSID).
FORT LAUDERDALE, Fla. - A Florida federal judge on May 5 granted a bank's motion to dismiss claims in a class action lawsuit alleging that the bank and insurers colluded to manipulate the force-placed insurance market and artificially inflated the amounts that mortgage borrowers were charged for policy premiums (Wilson, et al. v. EverBank, N.A., et al., No. 14-22264, S.D. Fla.).
LOS ANGELES - Finding that Blue Cross of California presented plausible evidence to establish federal jurisdiction over a putative class action related to liability from a data breach, a California federal judge in a May 5 in chambers order denied the plaintiffs' motion to remand to state court (Manuel Vasquez, et al. v. Blue Cross of California, et al., No. 2:15-cv-02055, C.D. Calif.).
OKLAHOMA CITY - The Oklahoma residents who sued Halliburton Energy Services Inc. (HESI) for alleged injuries from exposure to radioactive waste from a chemical plant operated by HESI on May 7 filed a brief in Oklahoma federal court contending that the company should not be permitted to file a sur-reply brief opposing the plaintiffs' motion to compel discovery (Mitchell L. McCormick v. Halliburton Energy Services Inc., No. 11-01272, W.D. Okla.).
SCRANTON, Pa. - Dismissal of an insurance bad faith lawsuit is not proper, a Pennsylvania judge ruled May 7, because an insured has properly pleaded his claims for bad faith and breach of the duty of good faith and fair dealing under state law (James T. Lane v. State Farm Mutual Automobile Insurance Co., No. 14-1045, M.D. Pa.; 2015 U.S. Dist. LEXIS 60064).
WASHINGTON, D.C. - The U.S. Patent and Trademark Office (PTO)'s Patent Trial and Appeal Board properly rejected various claims of two rearview vision system patents as invalid, according to a May 7 ruling by the Federal Circuit U.S. Court of Appeals (In re: Magna Electronics Inc., No. 14-1798, Fed. Cir.).
JACKSON, Miss. - The Mississippi Supreme Court on May 7 denied motions to rehear its Nov. 6, 2014, ruling in a dispute over errors and omissions insurance coverage for wrongful acts alleged against former agents of a life insurance company (Minnesota Life Insurance Co., et al. v. Columbia Casualty Co., No. 2012-CA-00107-SCT, Miss. Sup.; 2015 Miss. LEXIS 218).
SEATTLE - A serial number that was transmitted via an ESPN Inc. application (app) to an analytics firm did not qualify as personally identifiable information (PII) because it did not in itself identify the user, a Washington federal judge ruled March 7, granting dismissal of a putative Video Privacy Protection Act (VPPA) class action against ESPN (Chad Eichenberger v. ESPN Inc., No. 2:14-cv-00463, W.D. Wash.).
ATLANTA - The 11th Circuit U.S. Court of Appeals on May 7 affirmed a trial court's decision to dismiss a complaint filed by the administrator of an estate in relation to the foreclosure of his wife's property, finding that the defendants in the case had the authority to foreclose on the home (William B. Shannon, as Administrator of the Estate of Frankie Sue Shannon v. The Albertelli Firm P.C., dba Financial Freedom Acquisition LLC, dba Financial Freedom, One West Bank, FSB, No. 14-11832, 11th Cir.; 2015 U.S. App. LEXIS 7552).
ATLANTA - An Alabama federal judge's finding that a defendant possessed a nonexclusive license to use various renderings of copyrighted architectural plans was not erroneous, the 11th Circuit U.S. Court of Appeals ruled May 7 (Keith Karlson v. Red Door Homes LLC, et al., No. 14-12371, 11th Cir.; 2015 U.S. App. LEXIS 7579).
TRENTON, N.J. - The owner of a manufacturing company was "a successful claimant" against a subcontractor's insurer in obtaining a declaration of the insurer's duty to indemnify in the owner's underlying negligent construction lawsuit against the subcontractor, the New Jersey Supreme Court ruled May 7, reversing the denial of attorney fees to the owner (Robert Occhifinto and NVE Inc. v. Olivo Construction Co. LLC, et al., No. 073174, N.J. Sup.).
RICHMOND, Va. - A district court did not err in determining that a disability insurer did not have discretionary authority to decide a claimant's benefits appeal because the insurer was never appointed to handle appeals as required by the long-term disability plan's terms, the Fourth Circuit U.S. Court of Appeals said May 5 (Richard Bilheimer v. Federal Express Corporation Long Term Disability Plan, et al., No. No. 13-1859, 4th Cir.; 2015 U.S. App. LEXIS 7434).
WASHINGTON, D.C. - After finding that it lacked jurisdiction over a dispute commenced by a development group against the Independent State of Papua New Guinea over a copper and gold mine, a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on May 8 released an award dismissing the case and concluding the arbitration (PNG Sustainable Development Program v. Independent State of Papua New Guinea, No. ARB/13/33, ICSID).
DALLAS - Texas law protecting a premises owner from negligence claims arising from a subcontractor's work also protects it from its own contemporaneous conduct, the Texas Supreme Court held May 8 in affirming reversal of a $9 million asbestos verdict (Magdalena Adrienna Abutahoun, et al. v. The Dow Chemical Co., No. 13-0175, Texas Sup.).
BINGHAMTON, N.Y. - Summary judgment in an insurance breach of contract and bad faith lawsuit is proper because the insureds failed to comply with proof-of-loss policy requirements in their homeowners insurance policy, a federal judge in New York ruled May 6 (Timothy Hogan, et al v. Fidelity National Property & Casualty Insurance Co., No. 13-0009, N.D. N.Y.; 2015 U.S. Dist. LEXIS 59084).
CINCINNATI - Ruling that an insurer has failed to show that the Kentucky Supreme Court would adopt a "common law cause of action in tort" by an insurer against it insured for breach of the implied duty of good faith and fair dealing, or reverse bad faith, a Sixth Circuit U.S. Court of Appeals panel on May 6 rejected an insurer's motion to certify a question to the state Supreme Court (State Auto Property and Casualty Insurance Co. v. Lori Hargis, No. 13-5020, 6th Cir.; 2015 U.S. App. LEXIS 7475).
PHILADELPHIA - Allegations by the Federal Trade Commission that several defendants engaged in monopolization by initiating alleged sham litigation against Teva Pharmaceuticals USA Inc. in Delaware federal court were dismissed by a Pennsylvania federal judge on May 6 (Federal Trade Commission v. AbbVie Inc., et al., No. 14-5151, E.D. Pa.; 2015 U.S. Dist. LEXIS 59115).
SAN DIEGO - The U.S. Department of Justice announced May 5 that five California-based ambulance companies have agreed to collectively pay more than $11.5 million to resolve allegations from the federal government and a whistle-blower that they paid illegal kickbacks to hospitals and skilled nursing facilities in exchange for the exclusive rights to Medicare patients (Kelvin Carlisle v. Pacific Ambulance, et al., No. 09-cv-02628, S.D. Calif.).
TACOMA, Wash. - A federal judge in Washington on May 5 denied a motion to compel production of certain documents in an insurance breach of contract and bad faith lawsuit, ruling that the documents the insureds seek to obtain are protected (Bret C. Kifer, et al. v. American Family Mutual Insurance Co., No. 13-6085, W.D. Wash.; 2015 U.S. Dist. LEXIS 58905).