LONDON - After finding that an England and Wales High Court lacked jurisdiction over various Cypriot and other entities, a justice for the court on Nov. 11 granted a request by the companies to set aside an order for service on them in relation to an underlying action to confirm an arbitration award (Cruz City 1 Mauritius Holdings v. Unitech Limited, et al., No.  EWHC 3704 [Comm], England and Wales High, Comm.).
NEW YORK - A company that makes a line of products advertised as treating sinus congestion will offer full refunds to consumers who can provide proof of purchase as part of a settlement granted final approval in a New York federal court on Nov. 10 (In Re: Sinus Buster Products Consumer Litigation, No. 12-2429, E.D. N.Y.; 2014 U.S. Dist. LEXIS 158415).
SAN JOSE, Calif. - A federal judge in California on Nov. 10 partially dismissed a putative class action case accusing Apple Inc. of unlawfully marketing its text-messaging service by not telling consumers that the service prevents former iPhone users from receiving certain text messages after they replaced their iPhones with non-Apple devices, leaving a claim brought under the state's unfair competition law (UCL) predicated on a tortious interference with business contract claim but dismissing a UCL claim predicated on a Consumers Legal Remedies Act (CLRA) claim (Adrienne Moore v. Apple Inc., No. 14-2269, N.D. Calif.; 2014 U.S. Dist. LEXIS 158900).
NEW ORLEANS - An agreement between a contractor and a subcontractor did not obligate the subcontractor to test the liquid propane (LP) detector in Federal Emergency Management Agency trailers delivered and installed after hurricanes Katrina and Rita; therefore, neither the agreement nor any act or omission on the part of the subcontractor was a but-for cause of flash fire injuries, the Fifth Circuit U.S. Court of Appeals held Nov. 11 in an indemnification dispute between two insurers (Liberty Mutual Insurance Co. v. Westchester Fire Insurance Co., No. 13-30541, 5th Cir.).
NEW YORK - A federal judge in New York on Nov. 10 adopted a bankruptcy judge's report and recommendation suggesting the final approval of a proposed $5.2 billion settlement that would resolve claims brought by the federal government against Kerr-McGee Corp. and its parent company Anadarko Petroleum Corp. over cleanup of contamination at Superfund sites in Ohio and New Jersey and 50 abandoned uranium mines in the Navajo Nation (In re Tronox Inc. v. Anadarko Petroleum Corp., No. 14-cv-5495, S.D. N.Y.; 2014 U.S. Dist. LEXIS 158767).
WASHINGTON, D.C. - The U.S. Supreme Court on Nov. 10 declined review of an insider trading conviction, and Justice Antonin Scalia issued a three-page statement asking for a case to be brought to the Supreme Court that addresses the extent of the Securities and Exchange Commission's power to interpret criminal law (Douglas F. Whitman v. United States, No. 14-29, U.S. Sup.).
MINNEAPOLIS - The judge overseeing the National Hockey League concussion multidistrict litigation entered a pretrial order on Nov. 7 setting forth dates for briefing and argument on motions to dismiss the players' action (In re: National Hockey League Players Concussion Injury Litigation, MDL No. 14-2551, D. Minn.).
MIAMI - Citing a plaintiff's failure to disclose "critical copyright transfers" or evidence of "negotiations leading up to the execution of transfer documents" despite "repeated, direct inquiries" by the plaintiff's former counsel, a Florida federal magistrate judge on Nov. 10 deemed an award of attorney fees on behalf of a copyright infringement defendant warranted (Latele Television C.A. v. Telemundo Communications Group LLC, et al., No. 12-22539, S.D. Fla.; 2014 U.S. Dist. LEXIS 158634).
CHATTANOOGA, Tenn. - An insurer has no duty to defend its farm insured against an underlying injury claim brought by an independent contractor because the employers liability coverage extends only to injuries of employees, a Tennessee federal judge ruled Nov. 10, granting the insurer's motion for summary judgment in a declaratory judgment suit (Danny Swafford v. Forestry Mutual Insurance Co., No.1:14-CV-00093, E.D. Tenn.; 2014 U.S. Dist. LEXIS 158837).
SANTA ANA, Calif. - An additional insured did not establish ex parte relief for a briefing scheduling to decide and rule on its motion to dismiss before an insurer's pending motion for summary judgment in an insurance dispute over coverage for a construction defects case, a California federal judge held Nov. 10 (Del Webb's Coventry Homes Inc., et al. v. National Union Fire Insurance Company of Pittsburgh, PA, et al., No. 13-1330, C.D. Calif.; 2014 U.S. Dist. LEXIS 158869).
BATON ROUGE, La. - A federal judge in Louisiana on Nov. 10 denied a motion filed by E.I. du Pont de Nemours & Co. seeking to dismiss a chemical exposure case filed by a former employee, ruling that the record contains evidence that could lead a reasonable trier of fact to find that the employee put DuPont on notice about sulfuric gas leaks (Jeffrey M. Simoneaux v. E.I. DuPont de Nemours & Company, No. 12-219, M.D. La.; 2014 U.S. Dist. LEXIS 158631).
MARSHALL, Texas - A request by Apple Inc. for a summary judgment that it did not infringe two patents was denied Nov. 10 by a Texas federal judge (Mobile Communications Technologies LLC v. Apple Inc., No. 13-258, E.D. Texas).
CHICAGO - Class representatives in the National Collegiate Athletic Association (NCAA) concussion litigation on Nov. 7 asked the U.S. District Court for the Northern District of Illinois to add athletes in non-contact sports as representatives of the settlement class (In re National Collegiate Athletic Association Student-Athlete Concussion Injury Litigation, MDL No. 2492, Master Docket No. 1:13-cv-09116, N.D. Ill.).
GREENSBORO, N.C. - Co-worker testimony establishes possible exposure only to two defendants' products, and concluding that such exposure definitively occurred would require impermissible speculation, a North Carolina federal judge held Nov. 7 (Joseph Logan, et al. v. Air Products and Chemicals Inc., et al., No. 12-1353, M.D. N.C.; 2014 U.S. Dist. LEXIS 157612).
PHILADELPHIA - The judge overseeing the National Football League (NFL) concussion multidistrict litigation on Nov. 10 denied a motion by consumer advocacy group Public Citizen Inc. to participate in a fairness hearing on approval of settlement of the class action (In re: National Football League Players Concussion Injury Litigation, MDL No. 2323, No. 2:12-md-02323 [AB]; E.D. Pa.).
WASHINGTON, D.C. - The Supreme Court's grant of certiorari in King v. Burwell (No. 14-114, U.S. Sup.) warrants staying en banc review of a Patient Protection and Affordable Care Act (ACA) case challenging the availability of tax subsidies, plaintiffs told the District of Columbia Circuit U.S. Court of Appeals on Nov. 10 (Jacqueline Halbig, et al. v. Sylvia M. Burwell, et al., No. 14-5018, D.C. Cir.).
LIMA, Ohio - An Ohio appeals panel on Nov. 10 found that a lower court erred in finding that a current policy excluded recovery under any other policy in a dispute over coverage for insureds' losses caused by a bookkeeper's embezzlement, reversing in part (E.J. Zeller Inc., et al. v. Auto Owners Insurance Co., et al., No. 4-14-04, Ohio App., 3rd Dist.; 2014 Ohio App. LEXIS 4876).
NEWARK, N.J. - Finding that a defendant's discovery request for an additional search of electronically stored information (ESI) would be duplicative of previous requests, a New Jersey federal judge on Oct. 7 declined to overrule a magistrate's granting of a protective order barring such a search (Koninklijke Philips N.V. v. Hunt Control Systems Inc., No. 2:11-cv-03684, D. N.J.; 2014 U.S. Dist. LEXIS 157793).
FRESNO, Calif. - Commercial general liability insurers failed to assert declaratory judgment, breach of contract and equitable reimbursement claims against insureds based upon their alleged breach of a cooperation clause concerning appointment of counsel in an underlying construction defects case, a California federal judge ruled Nov. 10 (Fidelity and Guaranty Insurance Co., et al. v. Centex Homes, et al., No. 14-826, E.D. Calif.; 2014 U.S. Dist. LEXIS 158649).
SACRAMENTO, Calif. - A federal judge in California on Nov. 6 dismissed without leave to amend a mortgage foreclosure case that included a state unfair competition law (UCL) claim, saying that all the claims were time-barred and that had the plaintiffs undertaken a reasonable investigation, they would have had sufficient information to state their claims before the limitations period ran out (Gaylen Herfurth, et al. v. CitiMortgage Inc., et al., No. 14-1037, E.D. Calif.; 2014 U.S. Dist. LEXIS 157287).
DENVER - The 10th Circuit U.S. Court of Appeals on Nov. 10 found that neither the state action nor the local controversy provisions of the Class Action Fairness Act (CAFA) provide a basis to remand to state court a class action lawsuit challenging an insurer's practices, ordering a lower federal court to decide whether the amount in controversy exceeds $5 million (Brett F. Woods, et al. v. Standard Insurance Co., No. 13-2160, 10th Cir.).
PASADENA, Calif. - The State of California may proceed with claims against the maker of a gender prediction test under the state's unfair competition and false advertising laws but may not proceed with restitution claims that seek relief for those alleged violations on behalf of members of a class who already settled claims with the company, the Ninth Circuit U.S. Court of Appeals ruled Nov. 7 (The People of the State of California v. IntelliGender, LLC, No. 13-56806, 9th Cir.; 2014 U.S. App. LEXIS 21312).
OKLAHOMA CITY - The federal judge in Oklahoma presiding over a lawsuit brought against Halliburton Energy Services Inc. (HESI) by a group of residents who allege injury from exposure to radioactive waste on Nov. 10 ruled that a discovery order should not be amended to provide for random selection of discovery plaintiffs (Mitchell L. McCormick v. Halliburton Energy Services Inc., No. 11-012723, W.D. Okla.).
SAN JOSE, Calif. - A California federal magistrate on Nov. 7 found that three defendant software support firms adequately alleged their antitrust counterclaims against Oracle America Inc. in a dispute centering on the Solaris operating system, denying in part the software giant's motion to dismiss (Oracle America Inc. v. Terix Computer Company Inc., et al., No. 5:13-cv-03385, N.D. Calif.; 2014 U.S. Dist. LEXIS 158060).
FORT LAUDERDALE, Fla. - Finding that the possibility of insureds' windfall double recovery is a potentially dispositive threshold issue that must be considered in ruling on summary judgment motions, a Florida federal judge on Nov. 6 granted an insurer's motion to continue the insureds' motion for partial summary judgment to the extent the insurer seeks further discovery regarding the sale of a related third party (MapleWood Partners, et al. v. Indian Harbor Insurance Co., No. 08-23343, S.D. Fla.; 2014 U.S. Dist. LEXIS 157319).