PROVIDENCE, R.I. - A Rhode Island federal judge on April 18 adopted a report by a magistrate judge who recommended dismissal of an amended complaint arising under the Employee Retirement Income Security Act alleging that CVS Health Corp., its employee benefits plan committee and the manager of one of the plan's investment options breached their fiduciary duties because new material in the complaint is insufficient to permit an inference of imprudence and dismissed the complaint with prejudice (Mary Barchock, et al. v. CVS Health Corp., et al., No. 1:16-cv-00061, D. R.I., 2017 U.S. Dist. LEXIS 59083).
RALEIGH, N.C. - Substantial evidence supports an industrial commission's conclusion that a mechanic's last injurious exposure to asbestos occurred during his work at his own business, a North Carolina appeals panel held April 18 (Melissa Lovelace, et al. v B&R Auto Service Inc., et al., No. COA16-1045, N.C. App., 2017 N.C. App. LEXIS 310).
FORT LAUDERDALE, Fla. - A Utah woman filed a putative class complaint April 18 against the provider of a physician consultation smartphone app, telling a Florida federal court that the app shares users' sensitive medical information with a third-party firm, breaching the app maker's duty to keep this information confidential (Joan Richards v. MDLive Inc., No. 0:17-cv-60760, S.D. Fla.).
CHICAGO - Bose Corp. was hit with a putative eavesdropping class complaint in Illinois federal court April 18, when a customer alleged that the stereo equipment manufacturer has been collecting and sharing, via a smartphone application, records of its customers' private music and audio selections (Kyle Zak v. Bose Corp., No. 1:17-cv-02928, N.D. Ill.).
WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on April 18 registered an application filed by Hungary to annul an arbitral award that was issued in favor of a French social benefit company (Edenred S.A. v. Hungary, No. ARB/13/21, ICSID).
LOS ANGELES - A California federal judge on April 20 granted a motion filed by the owner of certain trademarks for summary judgment on its other claims for infringement and counterfeiting of a registered mark, awarding it $1 million in damages (UL LLC v. The Space Chariot Inc., et al., No. 2:16-cv-08172, C.D. Calif., 2017 U.S. Dist. LEXIS 56147).
DES MOINES, Iowa - Counsel's "continuous disregard" for rulings excluding evidence of how much a defendant spent defending asbestos actions and the application of the statute of repose requires a new trial, an Iowa appeals court held April 19 (Shari Kinseth and Ricky Kinseth, et al. v. Weil-McLain Co., and State of Iowa, ex. Rel. Civil Reparations Trust Fund, No. 15-0943, Iowa App.; 2017 Iowa App. LEXIS 363).
NEW HAVEN, Conn. - A Connecticut federal judge on April 19 certified a class of retirees in a suit filed by an employer seeking a court declaration that a union has the authority to agree to changes in retiree medical benefits for those persons who retired after a 1996 class action settlement that provided the retirees with medical benefits without violating federal law (Barnes Group, Inc. v. International Union United Automobile Aerospace & Agricultural Implement Workers of America, et al., No. 16-559, D. Conn., 2017 U.S. Dist. LEXIS 59761).
CHICAGO - The American Dental Association (ADA) has agreed to pay $1.95 million to settle two discrimination charges, the Equal Employment Opportunity Commission announced April 21.
SEATTLE - A Washington federal judge on April 19 granted an insured's motion for summary judgment after determining that the insured presented sufficient evidence that the insurer's failure to pay a judgment entered in favor of the insured constitutes bad faith (Arika Prince v. State Farm Mutual Automobile Insurance Co., No. 16-563, W.D. Wash., 2017 U.S. Dist. LEXIS 59794).
INDIANAPOLIS - An insured failed to show that any manifest error of law or fact exists that would require amendment of three previous orders in an insurance bad faith lawsuit, a federal judge in Indiana ruled April 18 in denying the insured's motion for reconsideration of three earlier rulings in the suit (H.E. McGonigal Inc. v. Harleysville Lake States Insurance Co., et al., No. 15-549, S.D. Ind., 2017 U.S. Dist. LEXIS 58782).
SILVER SPRING, Md. - The Food and Drug Administration on April 20 warned that children under 12, adolescents with fast metabolisms or who have had tonsillectomies and nursing mothers should not take prescription products containing the opioids codeine and tramadol for pain or cough suppression because of the serious risk of depressed breathing or death in them or breastfeeding babies.
TAHLEQUAH, Okla. - The Cherokee Nation sued several top drug distributors and retail pharmacy operators April 20 in tribal court, alleging that they failed to prevent the diversion of illegally prescribed opioid pain killers to tribal members, causing hundreds of deaths and hundreds of millions of dollars in damages to the tribe in responding to the nationwide opioid epidemic (The Cherokee Nation v. McKesson Corp., et al., No. CV-2017-203, Cherokee Nation Dist.).
DENVER - The 10th Circuit U.S. Court of Appeals held April 18 that an insurer is estopped from denying coverage under a professional liability insurance policy for an underlying arbitration brought against an investment advisor insured, affirming a lower court's $931,859.59 judgment in favor of the insured (Brecek & Young Advisors, Inc. v. Lloyds of London Syndicate 2003, No. 16-3245, 10th Cir., 2017 U.S. App. LEXIS 6585).
HARRISBURG, Pa. - The Pennsylvania Commonwealth Court on April 21 adopted an insured's application of a continuous trigger of coverage rather than the insurer's application of a first manifestation trigger of coverage in an environmental contamination coverage dispute after determining that environmental contamination claims are similar to asbestos bodily injury claims, which are subject to a continuous trigger pursuant to precedent established by the Pennsylvania Supreme Court (Pennsylvania Manufacturers' Association Insurance Co., v. Johnson Matthey Inc. et al., No. 330 M.D. 2015, Pa. Cmwlth.).
TACOMA, Wash. - A Washington jury awarded $81.5 million April 17 to a widow and her two daughters in their case alleging that their decedent suffered exposure to asbestos in automobile friction products, sources told Mealey's Publications (Gerri Coogan, et al. v. Genuine Parts Co. et al., No. 15-2-09504-3, Wash. Super., Pierce Co.).
CHICAGO - An Illinois federal jury on April 20 awarded $3 million to a widow after finding that GlaxoSmithKline PLC (GSK) failed to update the label for the antidepressant Paxil to warn that the drug can cause suicide in patients older than 24 (Wendy B. Dolin, et al. v. SmithKline Beecham Corporation, et al., No. 12-6403, N.D. Ill., Eastern Div.).
WASHINGTON, D.C. - Audio products and electronic systems manufacturer Harman International Industries Inc. will pay more than $28 million to settle claims that it and certain of its current and former executive officers concealed issues with the company's line of personal navigation devices (PND) in violation of federal securities laws, according to a motion for preliminary approval of settlement filed April 19 in the District of Columbia federal court (In re Harman International Industries Inc. Securities Litigation, No. 07-1757, D. D.C.).
ORLANDO, Fla. - Waffle House Inc. and WH Capital LLC (together, Waffle House) and other companies violated the Fair Credit Reporting Act (FCRA), 15 U.S.C. 1681, by obtaining and using information from background reports for job applicants without providing proper disclosures to the applicants before taking adverse actions against them by not hiring them, more than a dozen applicants allege in an April 17 class complaint filed in Florida federal court (Alex Holt, et al. v. Waffle House, Inc., et al., No. 17-693, M.D. Fla.).
MIAMI - The Equal Employment Opportunity Commission filed suit on April 18 against the owners, operators and managers of SLS Hotel South Beach in Florida federal court on behalf of a class of black Haitian kitchen workers claiming that the defendants fired them because of their national origin, race and/or color (Equal Employment Opportunity Commission v. SBEEG Holdings, LLC, et al., No. 17-21446, S.D. Fla.).
NEW YORK - A New York federal judge on April 17 granted a motion filed by two insurers to withdraw an insured's adversary proceeding from bankruptcy court because the bankruptcy court does not have the authority to decide the breach of contract and bad faith claims alleged against the insurers in the adversary proceeding (Phillip Michael Scott v. AIG Property Casualty Co., et al., No. 17-1052, S.D. N.Y., 2017 U.S. Dist. LEXIS 58339).
NEW HAVEN, Conn. - An insurer told a federal court in Connecticut on April 18 that a motion for reconsideration of the confirmation of an arbitration award should not be granted because there was no manifest injustice in the confirmation decision (General Re Life Corporation v. The Lincoln National Life Insurance Company, No. 15-cv-01860, D. Conn.).
UTICA, N.Y. - Dismissal of an insured's pro se lawsuit seeking coverage for water and mold damages is not appropriate because the insured attempted to timely file the suit within the policy's two-year limitations period, a New York federal judge said April 19 (Edmund Sanderson v. First Liberty Insurance Corp., No. 16-644, N.D. N.Y., 2017 U.S. Dist. LEXIS 59330).
ATLANTA - A fingerprint specialist may testify based on his qualifications and reliable method on the identification of a man charged with the violation of procuring naturalization and citizenship contrary to U.S. law, a Georgia federal judge held April 18 (United States of America v. Olu Kanni Sanyaolu, No. 16-cr-126, N.D. Ga., 2017 U.S. Dist. LEXIS 59294).