MADISON, Wis. - A federal judge in Wisconsin on Aug. 25 ruled that an insurance company has no duty to defend a manufacturer accused of making allegedly defective windows, finding that the Wisconsin Supreme Court's ruling in Wisconsin Pharmacal Co. LLC v. Nebraska Cultures of California Inc. (2016 WI. 14, 367 Wis. 2d 221 ) made it clear that the integrated systems rule is applicable and does not require the insurer to provide coverage for damage caused to the homes of purchasers of the windows (Mary Haley, et al. v. Kolbe & Kolbe Millwork Co. Inc., No. 14-cv-99, W.D. Wis.; 2016 U.S. Dist. LEXIS 113752).
WASHINGTON, D.C. - A judge in the U.S. Court of Appeals for Veterans Claims on Aug. 24 remanded for review a case in which a veteran contends that he was exposed to Agent Orange while stationed at a military base in Arkansas, stating that it has not been determined whether the presumption of exposure has been established (Glenn R. Heffington v. Robert A. McDonald, No. 15-2603, U.S. App. Vet. Clms.; 2016 U.S. App. Vet. Claims LEXIS 1282).
WASHINGTON, D.C. - A judge in the U.S. Court of Appeals for Veterans Claims on Aug. 25 remanded a veteran's case seeking benefits for injuries he claims were caused by exposure to Agent Orange, determining that the U.S. Department of Veterans Affairs failed to provide an adequate physical examination and opinion (Elliott J. Peterson v. Robert A. McDonald, No. 15-3243, U.S. App., Vet. Clms.; 2016 U.S. App. Vet. Claims LEXIS 1299).
WASHINGTON, D.C. - A judge in the U.S. Court of Appeals for Veterans Claims on Aug. 26 ruled that a veteran who sought benefits for injuries stemming from exposure to Agent Orange failed to establish that he had come in contact with the chemical, and the judge affirmed a review board's decision to deny him benefits (Roger L. Hunter v. Robert A. McDonald, No. 15-3279, U.S. App., Vet. Clms.; 2016 U.S. App. Vet. Claims LEXIS 1303).
NEW HAVEN, Conn. - A federal magistrate judge did not err when striking a supplemental report submitted by a doctor after he examined a couple who claims that theyhave sustained injuries as result of exposure to volatile organic compounds (VOCs) emitted by spray polyurethane foam (SPF), a federal judge in Connecticut held Aug. 26, ruling that the decision was not clearly erroneous or contrary to law (Richard Breyer, et al. v. Anchor Insulation Co. Inc., et al., No. 13 CV 1576, D. Conn.).
MINNEAPOLIS - A dispute over allegations that three defendants misappropriated trade secrets by emailing themselves certain documents before leaving the employ of a plaintiff will proceed without a temporary restraining order (TRO) in place, in light of an Aug. 24 ruling by a Minnesota federal judge (Berkley Risk Administrators Company v. Accident Fund Holdings Group, et al., No. 16-2671, D. Minn.; 2016 U.S. Dist. LEXIS 113421).
NEW YORK - Nationwide Insurance Co., a party to a reinsurance agreement, told a federal court in New York on Aug. 25 that an arbitration panel umpire was not biased and there is no basis for vacating an arbitration award (Yosemite Insurance Company v. Nationwide Insurance Company, No. 16-cv-05290, S.D. N.Y.).
BALTIMORE - A Maryland federal judge on Aug. 24 consolidated two Employee Retirement Income Security Act class actions against Bon Secours Health System Inc. and appointed interim lead class counsel (Arlene Hodges, et al. v. Bon Secours Health System Inc., et al., No. RDB-16-1079, Carolyn Miller, et al. v. Bon Secours Health System Inc., et al., No. RDB-16-1150, D. Md.; 2016 U.S. Dist. LEXIS 113414).
DALLAS - Although two commercial general liability insurers have a duty to indemnify insureds for an underlying construction defects arbitration award, a Texas appeals panel ruled Aug. 25 that a trial court erred in finding that the insurers are jointly and severally liable for the $2.4 million award (Great American Lloyds Insurance Co. and Mid-Continent Casualty Co. v. Vines-Herrin Custom LLC, et al., No. 05-15-00230, Texas App., 5th Dist.; 2016 Tex. App. LEXIS 9407).
BROOKLYN, N.Y. - A New York federal judge on Aug. 25 dismissed as preempted a plaintiffs claim that she suffered corneal scarring from Acuvue Oasys contact lenses (Anna Crissi v. Johnson & Johnson Vision Care, Inc., et al., No. 15-4230, E.D. N.Y.; 2016 U.S. Dist. LEXIS 114160).
ORLANDO, Fla. - A financial adviser's discounted cash flow method is appropriate to determine the lost damages in a telecommunications agreement, a Florida federal judge ruled Aug. 24, declining to exclude the adviser's testimony (Local Access LLC and Blitz Telecom Consulting LLC v. Peerless Network Inc. v. Local Access LLC, No. 14-399, M.D. Fla.; 2016 U.S. Dist. LEXIS 112885).
ATLANTA - Following a Georgia federal judge's final approval of a $13 million settlement between The Home Depot Inc. and a class of consumers suing over a 2014 data breach, judgment was issued on Aug. 24 memorializing an accompanying award of almost $7.8 million in service awards for the class (In re: The Home Depot Inc., Customer Data Security Breach Litigation, No. 1:14-md-02583, N.D. Ga.).
BOSTON - The Massachusetts judge overseeing the fungal meningitis multidistrict litigation on Aug. 25 recommended that a federal judicial panel remand 66 cases involving claims against health care providers (In Re: New England Compounding Pharmacy, Inc. Products Liability Litigation, MDL Docket No. 2419, No. 13-md-2419, D. Mass.).
DELAND, Fla. - A Florida jury on Aug. 25 found that R.J. Reynolds Tobacco Co. was not responsible for the heart disease, lung cancer and death of a deceased health department worker whose daughter filed suit against the tobacco company (Debra Coursey v. R.J. Reynolds Tobacco Co., No. 2013-30656 CICI, Fla. 7th Jud. Cir., Volusia Co.).
SAN FRANCISCO - Allegations by Trader Joe's Co. that a Canadian grocer committed trademark infringement should not have been dismissed, for the plaintiff alleged a sufficient nexus between the grocer's conduct and American commerce to warrant extraterritorial application of the Lanham Act, the Ninth Circuit U.S. Court of Appeals ruled Aug. 26 (Trader Joe's Co. v. Michael Hallatt, No. 14-35035, 9th Cir.; 2016 U.S. App. LEXIS 15792).
PITTSBURGH - In the wake of public criticism and congressional questions, EpiPen maker Mylan N.V. on Aug. 29 announced that it will begin selling a generic version of the epinephrine injectors for half the $600 list price of the brand name device.
CHICAGO - An Illinois state appeals court panel on Aug. 26 affirmed a trial court ruling that it had jurisdiction over GlaxoSmithKline LLP (GSK) in a multiplaintiff Paxil birth defect case in part because GSK conducted Paxil clinical trials in the state that included pregnant study participants (M.M., et al. v. GlaxoSmithKline LLC, et al., No. 1-15-1909, Ill. App., 1st Dist., 5th Div.; 2016 Ill. App. LEXIS 575).
WASHINGTON, D.C. - The U.S. Supreme Court on Aug. 24 put on its docket a widow's appeal of an appellate court ruling that affirmed the dismissal of her wrongful death lawsuit against Shell Oil Co. for her husband's alleged exposure to gasoline containing benzene (Yolande Burst v. Shell Oil Company, et al., No. 16-241, U.S. Sup.).
ST. PAUL, Minn. - A loan referral firm's sending of more than 1,000 solicitation emails to recipients it knew were in Minnesota constituted sufficient contacts to establish jurisdiction over it in the state, the en banc Minnesota Supreme Court ruled Aug. 24, affirming two lower court rulings in a consumer protection class action (Scott Rilley, et al. v. MoneyMutual LLC, No. A14-1307, Minn. Sup.; 2016 Minn. LEXIS 526).
NEW YORK - Although a federal district court did not err in dismissing a federal securities class action complaint against BlackBerry Limited and certain of its former executive officers for failure to plead scienter, it is unclear whether newly discovered evidence submitted by lead plaintiffs was insufficient to determine whether the court properly denied their motion for reconsideration, a Second Circuit U.S. Court of Appeals panel ruled Aug. 24 (Todd Cox, et al. v. BlackBerry Limited, et al., No. 15-3991, 2nd Cir.).
NEW YORK - A group of London market reinsurers on Aug. 23 told a federal court in New York that it should not allow the alleged owner of a reinsured to intervene in a reinsurance arbitration dispute because the motion to intervene is untimely (Certain Underwriting Members at Lloyd's, London v. Insurance Company of the Americas, No. 16-cv-00323, S.D. N.Y.).
SAN FRANCISCO - A California federal judge on Aug. 23 granted final approval of a $1.9 million settlement to be paid by a retailer to end wage-and-hour class claims brought by employees, finding that the evidence, potential length of the case and overwhelming support from class members weighed in favor of approval (Lannden Bower v. Cycle Gear, Inc., No. 14-2712, N.D. Calif.; 2016 U.S. Dist. LEXIS 112455).
LONDON - An English oil and gas company on Aug. 26 confirmed that it has been named as the respondent in an international arbitration related to the selection of a contractor for the drilling of wells.