ROANOKE, Va. - Expert testimony is relevant under Federal Rules of Evidence 401 and 402 because the expert's use of police policies was one factor in forming his opinion, a Virginia federal judge ruled Oct. 12, also finding that the testimony should not be excluded under Federal Rule of Evidence 403, provided that the testimony does not equate policy violations with constitutional violations (Michael E. Wyatt v. Johnny Owens, et al., No. 14-00492, W.D. Va.; 2016 U.S. Dist. LEXIS 140878).
PHILADELPHIA - A Pennsylvania federal judge on Oct. 12 granted final approval of a $5.2 million settlement to be paid by Power Home Remodeling Group LLC to end a class complaint accusing the company of placing repeated automated sales calls to the cells phones of more than 1.1 million people in violation of the Telephone Consumer Protection Act (TCPA) (Teofilo Vasco v. Power Home Remodeling Group LLC, No. 15-4623, E.D. Pa.; 2016 U.S. Dist. LEXIS 141044).
WASHINGTON, D.C. - A bench trial held by a Texas federal judge correctly ended in findings that patents covering the testosterone gel Fortesta are not invalid as anticipated or obvious, as well as a ruling that the marketing of generic Fortesta would infringe the same patents, the Federal Circuit U.S. Court of Appeals ruled Oct. 14 (Endo Pharmaceuticals Inc., et al. v. Actavis Laboratories UT Inc., No. 16-1146, Fed. Cir.; 2016 U.S. App. LEXIS 18490).
SAN JOSE, Calif. - A federal judge in California on Oct. 12 granted several motions to dismiss filed by defendants in a securities class action lawsuit against a semiconductor producer and certain of its current and former executive officers, ruling that the lead plaintiff in the action failed to plead the elements of its securities fraud claims as required (Daniel Luna v. Marvell Technology Group Ltd., et al., No. 15-5447, N.D. Calif.; 2016 U.S. Dist. LEXIS 141567).
SAN FRANCISCO - A woman cannot hold a manufacturer liable for third-party asbestos-containing parts and has not shown that any alleged exposure constitutes a substantial factor in her decedent's disease, a boiler maker told the Ninth Circuit U.S. Court of Appeal Oct. 12 (Geraldine Hilt, et al. v. Foster Wheeler LLC, FKA Foster Wheeler Corp., No. 15-17301, 9th Cir.).
NEW YORK - A Second Circuit U.S. Court of Appeals panel erred in affirming a federal jury's verdict against a French company for issuing a series of misrepresentations regarding liquidity in violation of federal securities law, and rehearing is necessary because the ruling is in conflict with U.S. Supreme Court precedent, the company argues in an Oct. 11 motion for rehearing and rehearing en banc (In re Vivendi S.A. Securities Litigation, No. 15-180, 2nd Cir.).
DETROIT - A group of defendants in a putative class action filed by residents of Flint, Mich., contending that various state officials are liable for injuries that have stemmed from exposure to lead-contaminated drinking water moved in Michigan federal court to have the case dismissed on grounds that they are covered by sovereign immunity and federal law pertaining to drinking water "provides a comprehensive remedial scheme which precludes all claims" (Lawrence Washington, Jr., et al. v. Governor Richard Dale Snyder, et al., No. 16- 11247, E.D. Mich.).
LIMA, Ohio - Reversing a lower court in part, an Ohio appeals court on Oct. 11 held that the court erred in finding that an audit request in an underlying copyright infringement dispute was not a "claim" under an insurance policy (Eighth Floor Promotions v. The Cincinnati Insurance Companies, No. 10-15-19, Ohio App., 3rd Dist.; 2016 Ohio App. LEXIS 4119).
PHILADELPHIA - In a misappropriation of trade secrets lawsuit, a company's employee in its marketing department is unqualified due to a lack of technical knowledge to testify on issues such as "branding, trademark confusion, customer reactions, business ethics, or trademark law," a Pennsylvania federal judge ruled Oct. 12, excluding the testimony (Alpha Pro Tech Inc. v. VWR International LLC, No. 12-1615, E.D. Pa.; 2016 U.S. Dist. LEXIS 141030).
SAN FRANCISCO - A California federal magistrate judge on Oct. 12 denied a motion filed by United Behavioral Health (UBH) to either reconsider his Sept. 19 certification of a class of insureds accusing UBH of wrongly denying coverage of mental health and substance abuse treatment to thousands or certify the order for interlocutory appeal (David Wit, et al. v. United Behavioral Health, No. 14-2346, Gary Alexander, et al. v. United Behavioral Health, No. 14-5337, N.D. Calif.; 2016 U.S. Dist. LEXIS 141441).
SAN FRANCISCO - A California federal judge on Oct. 11 granted preliminary approval of a $6 million settlement to be paid by a company that provides asset protection solutions to hourly technicians who are members of a putative class and collective action in which they alleged that they were denied compensation for work-related activities, including mandatory trainings and traveling to and from customer worksites (Edgar Viceral, et al. v. Mistras Group, Inc., No. 15-2198, N.D. Calif.; 2016 U.S. Dist. LEXIS 140759).
LOS ANGLES - A California federal judge on Oct. 13 granted a motion to remand a case filed by an employee who alleged wage-related and other claims against his former employer, finding that the amount in controversy did not meet the requirements for removal of a class action to a federal court (Gustavo Segura Santoya v. Consolidated Foundries Inc., et al., No. 16-02232, C.D. Calif.; 2016 U.S. Dist. LEXIS 142112).
LENEXA, Kan. - A regional office of the U.S. Environmental Protection Agency announced Oct. 13 that an Iowa-based meat and poultry distributor has agreed to pay $43,000 for excessive discharges of stormwater into Hecker Creek.
MINNEAPOLIS - The federal judge overseeing the National Hockey League (NHL) concussion multidistrict litigation on Oct. 14 allowed the estate of a deceased hockey player who was diagnosed with chronic traumatic encephalopathy (CTE) to be added as a class representative in MDL, finding that the league will not be prejudiced (In re: National Hockey League Players Concussion Injury Litigation, MDL No. 14-2551, D. Minn.).
SAN FRANCISCO - A California federal judge on Oct. 13 refused to enter a default ruling in favor of a sports production company on its claims for violation of California's unfair competition law (UCL) and other causes of action in relation to the alleged unlawful broadcast of a boxing match, finding that it failed to plead sufficient facts to support a finding that a restaurant owner was liable (J&J Sports Productions Inc. v. Yolanda K. Crawford, No. 16-cv-01744, N.D. Calif.; 2016 U.S. Dist. LEXIS 142038).
LOS ANGELES - Because it is possible for a disability claimant to amend a complaint to plead claims with more particularity against a California doctor who conducted an independent medical exam for the disability insurer and the hospital who employed the doctor, a California federal judge on Oct. 11 said the suit must be remanded to state court as complete diversity of citizenship does not exist (Mayna Chau-Barlow v. Provident Life and Accident Insurance Co. et al., No. 16-1694, C.D. Calif.; 2016 U.S. Dist. LEXIS 140833).
SAN FRANCISCO - A California federal judge on Oct. 11 rejected a products liability insurer's argument that interlocutory review of a May 27 order on the issue of rescission is warranted under 28 U.S. Code Section 1292(b) because the order involves a controlling question of law for which there is substantial ground for difference of opinion (Illinois Union Insurance Co., et al. v. Intuitive Surgical Inc., No. 13-04863, N.D. Calif.; 2016 U.S. Dist. LEXIS 140762).
AUSTIN, Texas - A Texas federal judge on Oct. 13 dismissed claims alleging violations under the Texas Insurance Code against an excess insurer after determining that the plaintiff insurers do not have standing to assert the claims (Starnet Insurance Co., et al., v. Federal Insurance Co., No. 16-664, W.D. Texas; 2016 U.S. Dist. LEXIS 141782).
SAN FRANCISCO - In an Oct. 11 brief in the Ninth Circuit U.S. Court of Appeals, the U.S. government defends a July 2016 panel ruling in which a majority found that a man violated the Computer Fraud and Abuse Act (CFAA) by accessing his former employer's network, arguing that his bid for en banc review should be denied (United States of America v. David Nosal, No. 14-10037 and 14-10275, 9th Cir.).
WEST PALM BEACH, Fla. - In a coverage dispute over water damage to an insured's kitchen, an insurer was wrongfully denied an opportunity to argue that it could repair the damaged property and that hiring a general contractor was unnecessary, a Florida appeals panel ruled Oct. 13, reversing a trial judge's entry of summary judgment to the insured (Prepared Insurance Co. v. David Gal, No. 4D15-1909, Fla. App., 4th Dist.; 2016 Fla. App. LEXIS 15181).