LOS ANGELES - A federal judge in California on March 30 said a woman who filed suit on behalf of her daughter who was injured in a water polo match did not show that a water polo league was increasing the risks of head injuries beyond what was expected and dismissed her first amended complaint (Alice Mayall, as parent and guardian of minor H.C., on behalf of H.C. and all other similarly situated, v. USA Water Polo Inc., No. 15-0171. C.D. Calif.; 2016 U.S. Dist. LEXIS 43839).
WASHINGTON, D.C. - The U.S. Supreme Court on April 4 denied petitions for writ of certiorari filed by Wal-Mart Stores Inc. and Sam's East (collectively, Wal-Mart) seeking to overturn a nearly $188 million wage-and-hour award for a class of workers who allege that they were forced to work through rest breaks (Wal-Mart Stores, Inc. v. Michele Braun, et al., Nos. 14-1123 and 14-1124, U.S. Sup.).
CHICAGO - A federal judge in Illinois on March 30 ordered the transfer of a $4.4 million asbestos-related reinsurance dispute to a Pennsylvania federal court, noting that the Pennsylvania court is a more proper venue than Illinois (R&Q Reinsurance Company v. St. Paul Fire & Marine Insurance Company, No. 15-cv-07784, N.D. Ill.; 2016 U.S. Dist. LEXIS 42489).
WASHINGTON, D.C. - A complaint by Google Inc. seeking a declaration of patent invalidity and noninfringement can proceed in the U.S. District Court for the District of Delaware, the Federal Circuit U.S. Court of Appeals ruled April 1 (GeoTag Inc. v. Google Inc., No. 15-1140, Fed. Cir.; 2016 U.S. App. LEXIS 5966).
SAN DIEGO - On a motion to dismiss, a California federal judge on March 30 allowed an amended unfair competition law (UCL) claim to proceed in a case alleging that plaintiffs were unlawfully overcharged for advertising services on Google (Worldwide Travel v. Travelmate US Inc., No. 14-cv-00155, S.D. Calif.; 2016 U.S. Dist. LEXIS 43942).
CHICAGO - An Illinois appeals panel held on March 30 that a commercial general liability insurer is not obligated to indemnify its insured's assignee for an underlying $4 million settlement over a "blast fax" ads dispute, noting as an aside its concern that underlying Telephone Consumer Protection Act (TCPA) class lawsuits are not about compensating class members but have everything to do with compensating the class action lawyers (First Mercury Insurance Co. v. Nationwide Security Services Inc., et al., No. 1-14-3924, Ill. App., 1st Dist., Div. 3; 2016 Ill. App. Unpub. LEXIS 636).
NEW YORK - Defendants in a case alleging fraudulent dealings in the hair-extension business on March 30 filed a motion to compel arbitration in Italy with the U.S. District Court for the Southern District of New York (Great Lengths Universal Hair Extensions S.r.l. and Hairuwear Inc. v. David Gold, et al., No. 16 Civ. 193, S.D. N.Y.).
SPOKANE, Wash. - A federal judge in Washington on March 30 denied an insurer's motion for summary judgment in an insurance breach of contract and bad faith lawsuit, ruling that a genuine issue of material fact exists as to whether the insurer breached the insurance contract and acted in bad faith in its handling of an insured's claim under a professional malpractice policy (Workland & Witherspoon PLLC v. Evanston Insurance Co., No. 14-403, E.D. Wash.; 2016 U.S. Dist. LEXIS 42637).
PHILADELPHIA - A Pennsylvania federal judge on March 30 determined that a plaintiff failed to prove that the manufacturer of a table saw did not adequately warn consumers of the product's dangers or that the table saw used by the plaintiff was defective (Kenneth Wright v. Ryobi Technologies Inc., et al., No. 15-1100, E.D. Pa.; 2016 U.S. Dist. LEXIS 42003).
GEORGETOWN, Del. - A Delaware state court judge on March 31 ruled that a woman was unable to show that she obtained a warranty when purchasing her home and that the builder breached the implied warranty of good quality and workmanship when installing the roof and bathtub but ordered the defendant to pay $189.16 to repair her washing machine and install an outdoor spigot (Denise Duncan v. JBS Construction LLC, No. CPU6-14-000469, Del. Comm. Pls.; Sussex Co.; 2016 Del. C.P. LEXIS 17).
HAMMOND, Ind. - A federal judge in Indiana on March 31 granted an insurer's motion for partial summary judgment in an insurance breach of contract and bad faith lawsuit, ruling that the plaintiff may not sue the insurer for bad faith because she is a third-party beneficiary and not a named insured pursuant to the insurance contract (Jessica Martinez v. State Farm Mutual Automobile Insurance Co., No. 15-137, N.D. Ind.; 2016 U.S. Dist. LEXIS 42956).
SAN FRANCISCO - A plaintiff in a Cymbalta withdrawal cases and drug manufacturer Eli Lilly and Co. on March 31 told the Ninth Circuit U.S. Court of Appeals that they have resolved the plaintiff's appeal of a defense verdict (Claudia Herrera v. Eli Lilly and Company, No. 15-56362, 9th Cir.).
SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on March 31 denied petitions challenging the U.S. Environmental Protection Agency's decision to approve in part and deny in part Arizona's state implementation plan (SIP) governing regional haze, holding that the agency did not act arbitrarily or capriciously (Phoenix Cement Company v. U.S. Environmental Protection Agency, Nos. 13-73383, 13-73393, 13-73401, 9th Cir.; 2016 U.S. App. LEXIS 5944).
DES MOINES, Iowa - A Wal-Mart Stores Inc. worker who was forced to transfer positions based on permanent job restrictions failed to show that the company's decision was biased or retaliatory, the Eighth Circuit U.S. Court of Appeals ruled March 31 affirming a trial court's summary judgment ruling for the employer (Kathy Kelleher v. Wal-Mart Stores, Inc., No. 15-2105, 8th Cir.; 2016 U.S. App. LEXIS 5874).
SILVER SPRING, Md. - Two days after getting a citizen petition from a plaintiffs law firm, the Food and Drug Administration on April 1 said it is aware of allegations that Boston Scientific's urogynecologic surgical mesh may contain counterfeit raw material.
DETROIT - The National Resources Defense Council (NRDC) and the American Civil Liberties Union (ACLU), which are among the plaintiffs who sued state and local officials over the lead contamination in the drinking water in Flint, Mich., on March 31 filed joint briefs in Michigan federal court opposing the motion to dismiss filed by the state treasurer and members of the Flint Receivership Transition Advisory Board (FRTAB), contending that the defendants are subject to injunctive relief to correct continuing violations of federal law (Concerned Pastors for Social Action, et al. v. Nick A. Khouri, et al., No. 16-10277, E.D. Mich.).
NEWARK, N.J. - Plaintiffs objecting to a proposed global settlement of Durom hip litigation on March 31 asked the New Jersey federal judge presiding over the multidistrict litigation to reset an upcoming trial date and to remand cases rather than waiting an estimated 18 months for the controversial settlement to play out (In Re: Zimmer Durom Hip Cup Products Liability Litigation, MDL Docket No. 2158, No. 09-4424, D. N.J.).
WASHINGTON, D.C. - The U.S. Supreme Court on April 4 denied a petition for writ of certiorari filed by Michigan child care providers who oppose union dues or agency fees automatically being withdrawn from their state subsidies (Carrie Schlaud, et al. v. International Union, UAW, et al., No. 15-166, U.S. Sup.).
NEW YORK - A federal judge in New York on March 30 granted motions to dismiss in a securities class action lawsuit, ruling that a retirement system failed to plead any actionable misstatements or omission in making its federal securities law claims (Waterford Township Police & Fired Retirement System v. Regional Management Corp., et al., No. 14-3876, S.D. N.Y.; 2016 U.S. Dist. LEXIS 42542).
CINCINNATI - A plan administrator acted arbitrarily and capriciously in terminating a claimant's long-term disability (LTD) benefits because the plan administrator ignored reliable and objective evidence from the claimant's treating physicians, the Sixth Circuit U.S. Court of Appeals said March 31 (Mar-Ya J. Zuke v. American Airlines Inc. Long-Term Disability Plan, et al., No. 15-3465, 6th Cir.).
PEORIA, Ill. - A certified public accountant (CPA) may testify on total sales lost by a medical device maker in an employee agreement dispute, an Illinois federal judge ruled March 31, finding that a former employee failed to show that the CPA inappropriately applied accounting practices (Orthofix Inc. v. Melissa Gordon, No. 13-01463, C.D. Ill.; 2016 U.S. Dist. LEXIS 43105).
BOSTON - A Massachusetts federal judge on March 29 denied Exergen Corp.'s motion to dismiss a putative class action alleging deceptive labeling and packaging of the Exergen Temporal Thermometer in violation of California Business and Professions Code Section 17200 (Julie Piro and Michael Hall, et al. v. Exergen Corp., No. 15-cv-118334, D. Mass.; 2016 U.S. Dist. LEXIS 41176).
WASHINGTON, D.C. - A judge in U.S. Court of Appeals for Veterans Claims on March 29 reversed and remanded a case brought by a man who contends that he was injured as a result of exposure to Agent Orange during his service in the U.S. Army. The judge said the Board of Veterans Affairs provided "inadequate" reasons for denying the veteran's claim (Harold L. Burt v. Robert A. McDonald, No. 15-0853, U.S. App., Vet. Clms.; 2016 U.S. App. LEXIS 454).