SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on March 26 denied a motion for panel rehearing in a securities class action lawsuit and issued an amended memorandum reversing and remanding a federal district court's dismissal of the action for failure to plead falsity (In re Finisar Corp. Securities Litigation, No. 13-17199, 9th Cir.; 2016 U.S. App. LEXIS 5653).
SAN FRANCISCO - A California federal judge on March 25 granted an insured's motion for summary judgment after determining that coverage for underlying asbestos personal injury claims is triggered not when the exposure occurred, but when the actual injury or damage occurred (Compass Insurance Co. v. University Mechanical & Engineering Contractors Inc., No. 14-04295, N.D. Calif.; 2016 U.S. Dist. LEXIS 39624).
RICHMOND, Va. - A Fourth Circuit U.S. Court of Appeals panel on March 28 reversed a federal judge in South Carolina's decision finding that an arbitrator should decide if a putative class's construction defects claims are subject to arbitration, ruling that fundamental differences between bilateral and class arbitration are a gateway question for the court (Del Webb Communities Inc., et al. v. Roger F. Carlson, et al., No. 15-1385, 4th Cir.; 2016 U.S. App. LEXIS 5700).
BROOKLYN, N.Y. - A pool company owner is not qualified to offer testimony regarding the standard of care or breach thereof related to the subject pool or waterslide design or the designs' alleged causation of a plaintiff's injuries, a New York federal magistrate judge ruled March 28, excluding the owner's testimony in a personal injury lawsuit (Bruno Pierre v. Hilton Rose Hall Resort & Spa, et al., No. 14-3790, E.D. N.Y.; 2016 U.S. Dist. LEXIS 40053).
TAMPA, Fla. - A mechanic is qualified to offer an opinion as to the mechanical condition of a slide-out room on a recreational vehicle (RV) in a breach of warranty lawsuit, a Florida federal judge ruled March 28, denying a motion to exclude (Michael Johnson and Karla Johnson v. Thor Motor Coach, Inc., No. 15-85, M.D. Fla.; 2016 U.S. Dist. LEXIS 40193).
PHILADELPHIA - A regional office of the U.S. Environmental Protection Agency announced March 28 that the owner of a chemical repackaging and distribution plant in Reading, Pa., agreed to pay a $55,000 penalty for illegally storing oil and hazardous waste and that it would donate $30,000 of emergency response equipment to a local fire department.
AUSTIN, Texas - A patent licensing company won transfer March 28 of a declaratory judgment action to the U.S. District Court for the Eastern District of Texas, when a federal judge in the U.S. District Court for the Western District of Texas agreed that venue there was improper (Broadway National Bank v. Plano Encryption Technologies LLC, No. 15-1056, W.D. Texas.; 2016 U.S. Dist. LEXIS 40051.).
WASHINGTON, D.C. - A July 2015 ruling by the Federal Circuit U.S. Court of Appeals that affirmed a judgment of noninfringement based upon internally inconsistent testimony from a patent plaintiff's expert witness remains intact, thanks to a denial of certiorari March 28 by the U.S. Supreme Court (ParkerVision Inc. v. Qualcomm Inc., No. 15-1092, U.S. Sup.).
WASHINGTON, D.C. - Allegations that the U.S. Patent and Trademark Office (PTO) erroneously calculated the patent-term adjustments for three pharmaceutical patents will not be heard by the U.S. Supreme Court, which on March 28 denied a petition for certiorari by Daiichi Sankyo Co. Ltd. (Daiichi Sankyo Company, Ltd. v. Michelle K. Lee, Director, U.S. Patent and Trademark Office, No. 15-652, U.S. Sup.).
NEWARK, N.J. - In separate motions filed between March 24 and March 28, defendants in a securities class action complaint asked a federal judge in New Jersey to dismiss a fourth amended complaint filed by two pension funds, saying the funds failed to plead an actionable misrepresentation or scienter in making their federal securities law claims (In re Hertz Global Holdings Inc. Securities Litigation, No. 13-7050, D. N.J.).
SAN FRANCISCO - Without providing further detail, a Ninth Circuit U.S. Court of Appeals panel on March 25 denied a motion for rehearing and filed an amended memorandum in an insurance breach of contract and bad faith lawsuit where the panel previously ruled that a federal district court did not err in granting partial summary judgment in favor of an insurer because the insurer had no duty to defend its insureds in a tort action (Michael Zimmerman, et al. v. Allstate Insurance Co., No. 13-57091, 9th Cir.; 2016 U.S. App. LEXIS 5655).
PHILADELPHIA - In a March 28 brief opposing a motion to quash by Bill Cosby's attorney, a one-time accuser of the comedian argued in Pennsylvania federal court that documents and information sought from the attorney are relevant to her present defamation lawsuit against a Pennsylvania district attorney (D.A.) and to responding to Cosby's pending motion to intervene in the present suit (Andrea Constand v. Bruce Castor, No. 2:15-cv-05799, E.D. Pa.).
WASHINGTON D.C. - Responding to a petition for certiorari and a brief supporting it by a group of judges, Philip Morris U.S.A. Inc. tells the U.S. Supreme Court in a March 26 response brief that an Illinois Supreme Court justice who ran a campaign promise to rule in favor of tobacco companies did not violate due process rights by denying an appellant's motion to recuse himself from deciding an appeal of a $10 billion verdict in a tobacco case (Sharon Price and Michael Furth v. Philip Morris USA, Inc. No. 15-947. U.S. Sup.).
WASHINGTON, D.C. - The U.S. Supreme Court on March 28 declined review of a Fifth Circuit U.S. Court of Appeals ruling overturning a lower court's decision that claims in a securities fraud lawsuit were not timely under the Texas Securities Act's (TSA) five-year statute of repose when they were brought (RBS Securities Inc., et al. v. Federal Deposit Insurance Corp., No. 15-783, U.S. Sup.).
MIAMI - A Florida federal judge on March 25 dismissed with prejudice a heart lead complaint, finding that the plaintiffs' claims do not escape preemption by parallel federal requirements (Adrienne Ward, et al. v. St. Jude Medical, Inc., et al., No. 15-23412, S.D. Fla., Miami Div.; 2016 U.S. Dist. LEXIS 40358).
NEW YORK - A federal judge in New York on March 24 granted a reinsured's petition to confirm a $1.2 million asbestos-related reinsurance arbitration award that had already been paid (National Casualty Company v. Resolute Reinsurance Company, No. 15-cv-09440, S.D. N.Y.; 2016 U.S. Dist. LEXIS 38797).
CAMDEN, N.J. - A railroad company sued for injuries from vinyl chloride contamination that allegedly occurred following a train derailment on March 28 filed a brief in New Jersey federal court contending that the case should be dismissed because the plaintiffs did not provide any scientific evidence of the dose of chemical to which they claim to have been exposed (In Re: Paulsboro Derailment Cases, No. 13-784, D. N.J.).
ROCHESTER, N.Y. - A New York federal judge on March 25 denied a motion seeking to allow a deceased man's estate to replace him as the lead plaintiff in a proposed class complaint accusing a timeshare company of violating the Telephone Consumer Protection Act (TCPA) by placing unsolicited phone calls to the man's cellular telephone (Mark Hannabury v. Hilton Grand Vacations Company, LLC, No. 14-6126, W.D. N.Y.; 2016 U.S. Dist. LEXIS 39493).
WASHINGTON, D.C. - The U.S. Supreme Court on March 28 declined to hear an appeal in a declaratory judgment suit that sought determination of whether Securities and Exchange Commission administrative law proceedings deprive federal district courts of subject matter jurisdiction (Laurie A. Bebo v. Securities and Exchange Commission, No. 15-997, U.S. Sup.; 2016 U.S. LEXIS 2225).
WASHINGTON, D.C. - The U.S. Supreme Court on March 28 invited the U.S. solicitor general to file a brief expressing the views of the United States in a foreign arbitral award proceeding (Government of Belize v. Belize Social Development Ltd., No. 15-830, U.S. Sup.).
NEW YORK - The judge overseeing the ongoing second bellwether trial in the General Motors ignition switch multidistrict litigation on March 28 dismissed the fraudulent misrepresentation claim of one of the plaintiffs and reserved judgment to grant the remainder of the automaker's motion to dismiss the rest of the claims, according to the docket (In Re: General Motors LLC Ignition Switch Litigation, No. 1:14-md-02543, S.D. N.Y.).