KNOXVILLE, Tenn. - A federal judge in Tennessee on May 4 substantially dismissed an amended complaint filed by insureds in an insurance breach of contract lawsuit, ruling that the insureds' tort claims are time-barred and that they have failed to properly state other claims against their insurer (Bhagubhai Hira, et al. v. New York Life Insurance Co., No. 13-527, E.D. Tenn.; 2015 U.S. Dist. LEXIS 57860).
TAMPA, Fla. - A Florida federal judge on May 4 granted in part and denied in part motions by C.R. Bard Inc. to exclude the testimony of three plaintiff experts in an inferior vena cava (IVC) injury case (Denise Ocasio, et al. v. C.R. Bard, Inc., et al., No. 13-1962, M.D. Fla., Tampa Div.; 2015 U.S. Dist. LEXIS 58163).
NEW ORLEANS - A majority of the Louisiana Supreme Court on May 5 reversed and remanded an appeals court's finding that a patient has proven that a doctor insured's actions in rushing to implant a pacemaker fell below the standard of care, reinstating a jury's verdict in favor of the physician (Clyde Snider Jr., et ux. v. Louisiana Medical Mutual Insurance Co., et al., No. 2014-C-1964, La. Sup.).
LOS ANGELES - A bellwether trial involving a Boston Scientific Corp. pelvic mesh device got under way May 5 in a California federal courtroom (Roseanne Sanchez, et al. v. Boston Scientific Corporation, No. 2:12-5762, S.D. W.Va., Charleston Div., No. 15-1245, C.D. Calif., Western Div. - Los Angeles).
BRADENTON, Fla. - A Florida state court judge declared a mistrial May 5 in a suit by the family of a smoker who died of coronary artery disease at age 45, citing the failure of the plaintiffs to inform the court that a key witness had changed his testimony part way through the trial (Madonna Dupre, et al. v. R.J. Reynolds Tobacco Co., et al., No. 2011CA005529, Fla. 12th Jud. Cir., Manatee Co.).
BOSTON - A disability insurer is required to produce documents related to the policy's 24-month limitation provision in addition to information regarding the compensation paid to medical experts, a Massachusetts federal judge said May 1 (Elizabeth Wilson v. Pharmerica Corp. Long Term Disability Plan, et al., No. 14-12345, D. Mass.; 2015 U.S. Dist. LEXIS 57487).
ST. LOUIS - A Missouri federal judge on May 4 remanded a 64-plaintiff Risperdal case to state court, finding that the plaintiffs satisfied a federal rule for joinder of nondiverse parties in an action arising out of the same occurrence (Antone Gracey, et al. v. Janssen Pharmaceuticals, Inc., et al., No. 15-407, E.D. Mo., E. Div.; 2015 U.S. Dist. LEXIS 57990).
ATLANTA - The 11th Circuit U.S. Court of Appeal on May 1 determined that the termination of a claimant's long-term disability (LTD) benefits was not "de novo" wrong because the claimant no longer met the policy's definition of "disabled" and the claimant failed to provide the required medical evidence in support of her claim (Sandra E. Nolley v. The Bellsouth Long Term Disability Plan for Non-Salaried Employees, et al., No. 14-13470, 11th Cir.; 2015 U.S. App. LEXIS 7218).
JACKSONVILLE, Fla. - A state court jury awarded more than $6.3 million May 1 to the family of a longtime smoker who died of lung cancer but declined to award punitive damages against defendant Philip Morris USA Inc. (Mary Brown, as Personal Representative of the Estate of Rayfield Brown, et al. v. Philip Morris USA Inc., No. 2008-CA-015000, Fla. 4th Jud. Cir., Duval Co.).
NEW ORLEANS - A man whose personal information was accessed in a data breach experienced by eBay Inc. failed to establish the necessary injury-in-fact from a possible future identity theft, a Louisiana federal judge ruled May 4, granting the online marketplace operator's motion to dismiss the putative class action (Collin Green v. eBay Inc., No. 2:14-cv-01688, E.D. La.; 2015 U.S. Dist. LEXIS 58047).
AUSTIN, Texas - The special deputy receiver of an insolvent insurer informed a Texas court on May 4 that a newly appointed state insurance commissioner has taken over as liquidator of the insolvent insurer (The State of Texas and the Texas Department of Insurance v. Vesta Fire Insurance Corporation, et al., No. D-1-GN-002366, Texas Dist., Travis Co.).
CONCORD, N.H. - The liquidator of an insolvent insurer told a federal court in New Hampshire on May 1 that two reinsurers waived their right to remove an asbestos and environmental claims reinsurance dispute from the state court by agreeing to a service of suit clause in the underlying reinsurance agreements (N.H. Insurance Department, Commissioner v. British Aviation Insurance Company Limited, et al., No. 15-cv-00127, D. N.H.).
CHICAGO - The liquidator of an insolvent insurer told an Illinois court on April 30 that a claim by a company that had provided services to the insolvent insurer's insureds should be paid, including certain post-judgment interest calculated at Texas' statutory post-judgment interest rate (People of the State of Illinois, ex rel. Andrew Boron, Director of Insurance of the State of Illinois v. Concert Health Plan Insurance Company, No. 13-CH-27224, Ill. Cir., Cook Co.).
DENVER - It is "abundantly clear" that a defendant was aware that litigation over his companies' use of a plaintiff's trademarks was "imminent," yet he failed to retain hard copies of relevant evidence, a Colorado federal judge ruled April 30 (Salba Corp. N.A., et al. v. X-Factor Holdings LLC, et al., No. 12-1306, D. Colo.; 2015 U.S. Dist. LEXIS 56768).
PIERRE, S.D. - Concluding that a trial court failed to make the proper determinations in its finding that an insurer waived the attorney-client privilege in an insurance bad faith case, the South Dakota Supreme Court on April 29 reversed the trial court's granting of a plaintiff's motion to compel, remanding the matter for further findings (Timothy Andrews v. Ridco Inc., et al., No. 26891, S.D. Sup.; 2015 SD 24; 2015 S.D. LEXIS 57).
NEW YORK - A general contractor must face claims that its workers created a dangerous condition by sweeping up asbestos debris after a New York justice rejected challenges to state labor law claims in an opinion posted May 1 (John F. Storey and Candace Storey v. A.O. Smith Water Products Co., et al., No. 190283/13, N.Y. Sup., New York Co.).
CHICAGO - A federal jury in Illinois on April 30 returned a verdict for ExxonMobil Oil Corp. and Owens-Illinois Inc., rejecting a man's claims that the defendants' conduct exposed him to asbestos and caused his lung cancer (Charles Krik v. Crane Co.; ExxonMobil Oil Corp.; Owens-Illinois Inc.; and The Marley-Wylain Co., No. 1:10-cv-70435, N.D. Ill.).
SAN FRANCISCO - A federal judge in California on May 4 granted final approval of a class action settlement for injunctive relief in a suit over claims that the term "all natural" contained on the package of smoothie kits sold violated the state's unfair competition law (UCL) (Aleta Lilly, et al. v. Jamba Juice Co., et al., No. 13-2998, N.D. Calif.; 2015 U.S. Dist. LEXIS 57637).
HARRISBURG, Pa. - A couple waived their right to appeal a decision in an asbestos case by submitting a "vague, rambling, redundant and largely incoherent" document in violation of appellate rules, a Pennsylvania appeals court panel held May 1 (George C. Gutschall and Pamela M. Gutschall, et al. v. Metropolitan Edison Co., and Pennsylvania Power & Light Co., No. 1973 EDA 2014, Pa. Super.).
LOS ANGELES - In an unpublished April 30 opinion, a California appeals court affirmed the denial of class certification in a case over the alleged mislabeling of the measurement of paper rolls in violation of the state's unfair competition law (UCL) (Roque A. Velasco v. Trimaco, No. A139288, Calif. App., 1st Dist., Div. 4; 2015 Cal. App. Unpub. LEXIS 3131).
NEW YORK - Owners of vehicles containing defective ignition switches on April 29 told the judge overseeing multidistrict litigation against General Motors LLC (New GM) that they intend to appeal a ruling by the U.S. Bankruptcy Court for the Southern District of New York finding that the bulk of ignition switch suits stemming from conduct on the part of General Motors Corp. (Old GM) are barred (In re General Motors LLC Ignition Switch Litigation, No. 14-md-2543 [JMF], S.D. N.Y.).
PHILADELPHIA - Although a trial court judge correctly found that the New Jersey Supreme Court's new rule regarding the state's Truth-in-Consumer Contract, Warrant and Notice Act (TCCWNA) was not fully retroactive, a Third Circuit U.S. Court of Appeals panel on April 30 ruled that the new rule should apply to the present plaintiffs that had alleged violation of the act by Restaurant.com Inc. in a putative class complaint (Larissa Shelton, et al. v. Restaurant.com Inc., No. 14-3316, 3rd Cir.; 2015 U.S. App. LEXIS 7145).
SAN JOSE, Calif. - Dismissal of a securities class action lawsuit is proper, a federal judge in California ruled April 27, because the lead plaintiff in the action failed to properly plead scienter in stating his federal securities law claims (Tai Jan Bao, et al. v. SolarCity Corp., et al., No. 14-1435, N.D. Calif.; 2015 U.S. Dist. LEXIS 55711).