SEATTLE - The lead plaintiff in a securities class action against a developmental stage biopharmaceutical company and certain of its executive officers has shown that the defendants misrepresented the success and prospects for the company's cancer treatment drug in violation of federal securities laws but has failed to show that the defendants acted with the requisite scienter, a federal judge in Washington ruled Oct. 18 in granting the defendants' motion to dismiss without prejudice (Samit Patel v. Seattle Genetics Inc., et al., No. 17-41, W.D. Wash., 2017 U.S. Dist. LEXIS 172588).
ALEXANDRIA, Va. - A patent that discloses an interactive video system that adjusts game play based upon the skill level of a player will be the subject of an upcoming inter partes review, the Patent Trial and Appeal Board revealed Oct. 18 (FanDuel Inc., et al. v. CG Technology Development LLC, No. IPR2017-00902, PTAB).
PHILADELPHIA - A couple on Oct. 18 asked a federal court in Pennsylvania to dismiss its case so that they can appeal judgment for a company that allegedly installed asbestos-containing insulation on U.S. Navy ships (Carol Decourcey, et al. v. ABB Inc., et al., No. MDL 875, 14-6337, E.D. Pa.).
SAN FRANCISCO - Allegations that a copyright infringement case is time-barred as well as deficient for failure to satisfy the registration requirement of the Copyright Act, 17 U.S.C. 411, were turned away Oct. 18 by a California federal judge (Margaret Eve-Lynne Miyasaki v. Kyna Treacy, No. 12-4427, N.D. Calif., 2017 U.S. Dist. LEXIS 172705).
PORTLAND, Ore. - Because the state of Oregon voluntarily filed a motion to intervene in an environmental contamination coverage suit, the state waived its right to assert sovereign immunity, an Oregon federal judge said Oct. 17 in rejecting the state's objections to a federal magistrate judge's recommendation to grant the state's motion to intervene (United Specialty Insurance Co. v. Clay Jonak, et al., No. 17-330, D. Ore., 2017 U.S. Dist. LEXIS 172150).
BOSTON - A complaint filed by insureds alleging that their insurer failed to pay them for the full value of their loss caused by a burst water pipe was dismissed Oct. 17 after a Massachusetts federal magistrate judge found that the evidence shows that the insurer fulfilled its contractual obligation by paying the insureds for the loss (Bearbones Inc., et al. v. Peerless Indemnity Insurance Co., No. 15-30017, D. Mass., 2017 U.S. Dist. LEXIS 171566).
ALEXANDRIA, Va. - A Native American tribe filed a 12-count patent infringement lawsuit Oct. 18 against Amazon.com Inc. in Virginia federal court relating to six patents that had been transferred to the tribe by a computer technology company two months earlier (SRC Labs, LLC, et al. v. Amazon Web Services, Inc., et al., No. 2:17-cv-00547, E.D. Va.).
PITTSBURGH - More than 2,000 asbestos claimants from a decades-old consolidated Texas litigation will share up to $178.5 million from the asbestos trust established in the Pittsburgh Corning Corp. (PCC) bankruptcy case, according to a notice and settlement filed Oct. 18 in Pennsylvania federal bankruptcy court (In re: Pittsburgh Corning Corporation, No. 00-22876, W.D. Pa. Bkcy.).
SAN JOSE, Calif. - A California federal judge on Oct. 19 granted a motion by Google Inc. in a dispute with the federal government over whether a Stored Communications Act (SCA) warrant may be enforced extraterritorially, opening the door for Google to appeal an order compelling it to comply with such a warrant seeking foreign-stored emails (In re: Search of Content That is Stored at Premises Controlled by Google, No. 3:16-mc-80263, N.D. Calif.).
PORTLAND, Ore. - The Ninth Circuit U.S. Court of Appeals on Oct. 19 reversed a lower federal court's denial of a claimant's request for prejudgment interest in an executive and organization liability insurance coverage dispute, remanding with instructions for the lower court to determine the start date for prejudgment interest and to calculate the amount due the claimant (Daryl J. Kollman, et al. v. National Union Fire Insurance Company of Pittsburgh, PA, No. 15-35795, 9th Cir., 2017 U.S. App. LEXIS 20566).
CHICAGO - An Illinois appeals panel on Oct. 18 found that a lower court erred in determining that emergency medical services fell within the scope of an insurance policy's "products-completed operations hazard" provision, reversing and remanding a lower court's ruling in favor of the insurer in a dispute over coverage for an underlying $5.2 million jury verdict (The City of Park Ridge, et al. v. Clarendon American Insurance Company, et al., No. 01-17-0453, Ill. App., 1st Dist., 3rd Div., 2017 Ill. App. LEXIS 656).
Attorneys general across the country on Oct. 19 settled for a total of $120 million against General Motors over ignition switch defects that led to 124 deaths and 266 injuries nationwide, according to press releases put out by different state Attorneys General.
JACKSONVILLE, Fla. - A panel of judges in the U.S. District Court for the Middle District of Florida on Oct. 18 ordered two law firms pay $9.1 million in sanctions for filing 1,250 frivolous Engle progeny complaints (In Re: Engle Cases, No. 3:09-cv-10000, M.D. Fla., 2017 U.S. Dist. LEXIS 172678).
LOS ANGELES - The parties in the long-running Tibble v. Edison International case filed a joint stipulation in a California federal court on Oct. 16 stating that the defendants will pay the class counsel $5.8 million in attorney fees and costs as long as the court approves the award (Glenn Tibble, et al. v. Edison International, et al., No. 07-5359, C.D. Calif.).
SACRAMENTO, Calif. - A California court correctly imposed a $765,000 civil penalty against a man for illegal cigarette sales at two smoke shops on Indian land because neither federal law nor tribal sovereignty preempts the state's regulation and enforcement of its laws regarding cigarette sales, a state appeals court held Oct. 17 (The People ex rel. Xavier Becerra, as Attorney General, etc., v. Darren Paul Rose, No. C080546, Calif. App., 3rd Dist., 2017 Cal. App. LEXIS 900).
WASHINGTON, D.C. - A British petroleum company on Oct. 18 announced that an international arbitration center has registered its request for arbitration against the Republic of Gambia (African Petroleum Gambia Limited and APCL Gambia B.V. v. Republic of The Gambia, No. ARB/17/38, ICSID).
ATLANTA - The Fourth Division Georgia Court of Appeals on Oct. 17 found that a trial court erred in denying a motion for summary judgment in a premises liability suit because a gap between rails on a second-floor apartment was an open and obvious danger (Robert Simmons v. Devin Prince, et al., No. A17A0899, Ga. App., 4th Div., 2017 Ga. App. LEXIS 464).
LOUISVILLE, Ky. - An insurer is entitled to summary judgment on its insured's breach of contract claim arising out of a coverage dispute for water and mold damages because the breach of contract claim is barred by the policy's two-year limitations period, a Kentucky federal magistrate judge said Oct. 18 (Richard Lackey, et al. v. Property and Casualty Insurance Company of Hartford, No. 15-238, W.D. Ky., 2017 U.S. Dist. LEXIS 172067).
ORLANDO, Fla. - A Florida federal judge on Oct. 17 dismissed, rather than severing or staying, an insured's bad faith counterclaim against an auto insurer because under Florida law, a bad faith claim cannot be alleged until a determination of the insured's damages has been made (Owners Insurance Co. v. Michael Berke, No. 17-1505, M.D. Fla., 2017 U.S. Dist. LEXIS 171454).
ORLANDO, Fla. - A declaratory judgment defendant and copyright, trademark and trade dress infringement counterclaimant partly prevailed Oct. 18 before a Florida federal magistrate judge, who agreed to strike various affirmative defenses raised in response to the counterclaims (Systematic Home Staging LLC v. MHM Professional Staging LLC, No. 17-1327, M.D. Fla., 2017 U.S. Dist. LEXIS 172036).
ST. LOUIS - A Missouri appellate panel on Oct. 17 vacated a verdict in favor of a doctor in a medical malpractice suit and ordered a new trial after finding that the trial court erred in allowing "unfairly cumulative and prejudicial repetition of certain expert opinions" (Heather L. Shallow, et al. v. Richard O. Follwell D.O., et al., No. ED103811, Mo. App., Eastern Dist., Div. 4, 2017 Mo. App. LEXIS 1053).