WASHINGTON, D.C. - In an Aug. 28 appellee brief, the U.S. Department of Justice told the District of Columbia Circuit U.S. Court of Appeals that a bar association's Freedom of Information Act (FOIA) request for a document pertaining to federal criminal discovery practices was properly dismissed by a district court under the work-product doctrine (National Association of Criminal Defense Lawyers v. U.S. Department of Justice Executive Office for United States Attorneys, et al., No. 15-5051, D.C. Cir.).
PORTLAND, Ore. - An Oregon federal magistrate judge on Aug. 31 granted various insurers' request to take judicial notice of a number of documents related to underlying environmental contamination claims (Century Indemnity Co. v. The Marine Group LLC, et al., No. 08-1375, D. Ore.; 2015 U.S. Dist. LEXIS 115324).
NEW ORLEANS - A subcontractor's insurers have a duty to contribute to the defense of an additional insured contractor in an underlying construction defects case, a Louisiana federal judge ruled Aug. 28; however, the judge denied to decide as premature whether the subcontractor owes defense costs (Hanover Insurance Co. v. Plaquemines Parish Government, No. 12-1680, E.D. La.; 2015 U.S. Dist. LEXIS 114519).
CANTON, Ohio - An Ohio federal bankruptcy judge on Aug. 27 found that borrowers failed to show that they were given a loan modification by a lender, granting the lender's motion to dismiss the case for failure to state a claim (In re: Shane Franklin Cultice, et al. v. OCWEN Loan Servicing LLC, No. 15-6013, Bkcy. N.D. Ohio; 2015 Bankr. LEXIS 2860).
MILWAUKEE - An insurer filed a notice of removal on Aug. 27 in a Wisconsin federal court on the basis that complete diversity of citizenship exists in the suit filed by its insured alleging that the insurer acted in bad faith and breached its contract by denying coverage for moisture damages (Geneva Lakes Hotel Group LLC v. Westfield Insurance Co., No. 15-1042, E.D. Wis.).
WASHINGTON, D.C. - The Associated Press (AP) on Aug. 27 filed a complaint against the Federal Bureau of Investigation and the U.S. Department of Justice (DOJ) in District of Columbia federal court, seeking enforcement of its Freedom of Information Act (FOIA) requests related to the FBI's investigative practice of distributing fake news stories supposedly written by The AP and other news organizations (The Reporters Committee for Freedom of the Press, et al. v. Federal Bureau of Investigation, et al., No. 1:15-cv-01392, D. D.C.).
LOS ANGELES - A California federal judge found Aug. 28 that an insured's claim seeking a declaration regarding his right to reimbursement of defense costs is not yet ripe for a ruling, denying the insured's motion for partial summary judgment in a directors and officers liability coverage dispute (John B. Clark Jr. v. Travelers Casualty Insurance Company of America, No. 14-08248, C.D. Calif.; 2015 U.S. Dist. LEXIS 114877).
EAST ST. LOUIS, Ill. - An Illinois federal judge on Aug. 28 refused to dismiss an insurer's coverage action concerning its duty to defend an underlying lawsuit against its insureds for alleged damages sustained during excavation and construction activities (Auto-Owners Insurance Co. v. Osborn Homes, Inc. a/k/a Osborn Properties, et al., No. 14-1308, S.D. Ill.; 2015 U.S. Dist. LEXIS 114621).
COLUMBUS, Ohio - All members of a class that is alleging violations of the Ohio Consumer Sales Practice Act (OCSPA) have suffered injury as a result of the alleged conduct, a divided Ohio Supreme Court ruled Aug. 27, reversing a trial court's award of damages to every member of a class without a showing that every member was injured (Felix, et al. v. Ganley Chevrolet, Inc., et al., No. 2013-1746, Ohio Sup.; 2015 Ohio LEXIS 2113).
CLEVELAND - An Ohio federal judge held Aug. 28 that a primary insurer is liable under the principles of equity to reimburse an excess insurer for the $7,996,655.57 in defense costs it was ordered to pay to their insured in connection with an underlying lawsuit arising from a failed real estate project in Orlando, Fla. (IMG Worldwide Inc., et al. v. Westchester Fire Insurance Co., No. 11-1594, N.D. Ohio, Eastern Div.; 2015 U.S. Dist. LEXIS 114659).
LOUISVILLE, Ky. - A federal judge in Kentucky on Aug. 31 denied motions for summary judgment filed by the Sierra Club and Louisiana Gas & Electric Co. (LG&E) in a suit over whether effluent discharges from the company's plant into the Ohio River comply with a National Pollutant Discharge Elimination System (NPDES) permit, holding that more discovery is needed as to the practices at the facility (Sierra Club v. Louisiana Gas & Electric Co., No. 14-cv-391-DJH, W.D. Ky.; 2015 U.S. Dist. LEXIS 115320).
SAN FRANCISCO - A California federal judge did not err in granting a new trial on trade dress infringement allegations, nor in his decision to exclude a plaintiff's damages expert at the new trial and bar the plaintiff from seeking lost profits, the Ninth Circuit U.S. Court of Appeals ruled Aug. 31 (Stop Staring! Designs v. Tatyana LLC, d/b/a Bettie Page Clothing, No. 13-55051, 9th Cir.; 2015 U.S. App. LEXIS 15388).
NEW YORK - A Second Circuit U.S. Court of Appeals panel on Aug. 28 affirmed in part, vacated in part and remanded a pair of New York federal court rulings in a securities class action lawsuit, ruling that the district court erred in determining that the lead plaintiff failed to properly plead scienter against a company and its former CEO (Acticon AG v. China North East Petroleum Holdings Ltd., et al., No. 15-172, 2nd Cir.; 2015 U.S. App. LEXIS 15187).
ATLANTA - A Georgia federal judge overseeing the Wright Conserve hip implant multidistrict litigation on Aug. 31 granted summary judgment on one claim in the first bellwether case but otherwise preserved plaintiff Robyn Christiansen's other claims of action (In Re: Wright Medical Technology Inc. Conserve Hip Implant Products Liability Litigation, MDL Docket No. 2329, No. 12-md-2329, Robyn Christiansen v. Wright Medical Technology Incorporated, et al., MDL Docket No. 2329, No. 13-297, N.D. Ga., Atlanta Div.; 2015 U.S. Dist. LEXIS 115601).
SAN FRANCISCO - A California court on Aug. 31 affirmed a trial court's dismissal of a case filed by a property owner against a home warranty corporation, finding that she lacked standing to assert a claim for violation for California's unfair competition law (UCL) because she suffered no monetary or property damages (Alice J. Benham v. First America Home Buyers Protection Corp., et al., No. 141034, Calif. App., 1st Dist., Div. 2; 2015 Cal. App. Unpub. LEXIS 6265).
ATLANTA - The 11th Circuit U.S. Court of Appeals on Aug. 31 affirmed convictions and a 75-month sentence for access device fraud and aggravated identity theft, finding that the district court did not err in allowing an expert to provide lay opinion testimony (United States of America v. Cliffort Variste, No. 14-12722, 11th Cir.; 2015 U.S. App. LEXIS 15326).
BENTON, Ill. - A medical doctor's certifications and experience qualify him to testify as an expert, and his testimony accounts for levels of exposure and thus goes beyond "every exposure" testimony, a federal judge in Illinois held Aug. 31 (Mrs. Sharon Bell, executor of the estate of Mr. Richard Bell v. ABB Group Inc., et al., No. 13-1338, S.D. Ill.; 2015 U.S. Dist. LEXIS 115341).
DENVER - Allegations of false advertising under Section 43(a) of the Lanham Act were properly dismissed by a Utah federal judge, the 10th Circuit U.S. Court of Appeals ruled Aug. 31 (Dr. Drake Vincent M.D., et al. v. Utah Plastic Surgery Society, et al., No. 13-4146, 10th Cir.; 2015 U.S. App. LEXIS 15345).
TOLEDO, Ohio - Saying a medical funding company run by a plaintiff attorney is asserting $1.4 million in liens against 11 DePuy ASR hip settlement claimants for medical services worth only $335,186, DePuy Orthopaedics Inc. on Aug. 31 asked an Ohio federal judge to compel the company to produce information about the liens (In Re: DePuy Orthopaedics, Inc., ASR Hip Implant Products Liability Litigation, MDL Docket No. 2197, No. 10-md-2197, N.D. Ohio., Western Div.).
NEW YORK - New York's asbestos case management order requires a top-to-bottom re-evaluation but is not so flawed that litigation must be stayed during the process, a New York justice held in an opinion posted Aug. 31 (In re: New York City Asbestos Litigation, All Asbestos Cases., No. 40000/88, N.Y. Sup., New York Co.).
NEW YORK - In an unpublished opinion issued Aug. 26, the Second Circuit U.S. Court of Appeals vacated a lower court decision regarding jurisdiction over a reinsurance arbitration umpire dispute and remanded the case with instructions that the lower court appoint an umpire (Odyssey Reinsurance Company v. Certain Underwriters at Lloyd's London Syndicate 53, et al., No. 14-2840-cv, 2nd Cir.; 2015 U.S. App. LEXIS 15052).
CAMDEN, N.J. - A federal judge in New Jersey on Aug. 26 dismissed without prejudice some claims brought by a couple claiming that TimberTech XML brand decking material is prone to premature discoloration and fading and denied as premature CPG International LLC's motion to strike class allegations (John M. Peruto, et al. v. TimberTech Ltd., et al., No. 15-2166, D. N.J.).
PEORIA, Ill. - The expert testimony of a mechanical engineer and a biomechanical engineer creates genuine issues of material fact in a strict liability lawsuit against the manufacturer of a rocket cart for Wal-Mart Stores Inc., an Illinois federal judge ruled Aug. 26, denying summary judgment to the manufacturer (William Jones v. National Cart Co. Inc. and National Cart LLC v. Wal-Mart Stores Inc., No. 12-1186, C.D. Ill.; 2015 U.S. Dist. LEXIS 112844).
SAN FRANCISCO - Plaintiffs inadvertently dropped damages claims against one of the two remaining asbestos talc defendants based on their subsequent behavior, a federal judge in California held in remanding the action on Aug. 28 (Elia B. Uribes, et al. v. BASF Catalysts LLC, et al., No. 15-2131, N.D. Calif.; 2015 U.S. Dist. LEXIS 114873).
EAST ST. LOUIS, Ill. - Evidence of work with and the presence of asbestos on two defendants' products and the state-of-the-art knowledge at the time warrants denying summary judgment, a federal judge in Illinois held Aug. 28 (Charles Neureuther v. Atlas Copco Compressors LLC, et al., No. 13-1327, S.D. Ill.; 2015 U.S. Dist. LEXIS 108782l, 2015 U.S. Dist. LEXIS 114580).