LOS ANGELES - A defendant's interpretation of a patent license agreement was endorsed Oct. 5 when a California federal judge rejected claims that the defendant is obligated to make the same royalty payments it always had, even after the patent covered by the agreement expired (Miotox LLC v. Allergan Inc., et al., No. 14-8723, C.D. Calif.; 2015 U.S. Dist. LEXIS 135650).
RIVERSIDE, Calif. - A California federal judge on Oct. 5 found that a borrower's claims for violation of the California's Homeowner Bill of Rights (HBOR) should be dismissed because she failed to submit any grounds for disallowing the foreclosure of her property (Triphina Lesley v. Bank of America, N.A., et al., No. 15-01696, C.D. Calif.; 2015 U.S. Dist. LEXIS 135698).
CLEVELAND - Finding no error in an Ohio federal magistrate judge's decision to grant a copyright infringement plaintiff's request to designate certain inspection photographs as "confidential," U.S. Judge Christopher A. Boyko of the Northern District of Ohio affirmed Oct. 5 (K&M International Inc. v. NDY Toy LLC, et al., No. 13-771, N.D. Ohio; 2015 U.S. Dist. LEXIS 135498).
PHILADELPHIA - Efforts by a direct purchaser class of the brand-name drug Provigil, covered by U.S. reissue patent No. 37,516, to preclude experts for five pharmaceutical companies from opining, generally, that reverse-payment agreements that settled related infringement litigation were procompetitive were thwarted Oct. 5 by a Pennsylvania federal judge (King Drug Company of Florence Inc., et al. v. Cephalon Inc., et al., No. 06-1797, E.D. Pa.; 2015 U.S. Dist. LEXIS 135264).
NEW ORLEANS - An expert for Jefferson Parish, La., cannot testify to the parish's breach of contract counterclaims against a waste management facility and its subcontractor because the expert report was untimely, a Louisiana federal judge ruled Oct. 5 (Waste Management of Louisiana, LLC v. Jefferson Parish, No. 13-6764, E.D. La.; 2015 U.S. Dist. LEXIS 135529).
SPOKANE, Wash. - A subrogated insurer's experts can testify in a product liability lawsuit against Hewlett-Packard Co. to the cause of a fire that led to damages, a Washington federal judge ruled Oct. 5, finding that the expert's methodology is sufficiently reliable (State Farm Fire & Casualty Co., as subrogee of Allen & Greenboatstuff Properties, LLC v. Hewlett-Packard Co., No. 13-0328, E.D. Wash.; 2015 U.S. Dist. LEXIS 135640).
PITTSBURGH - A Pennsylvania jury on Oct. 2 returned a defense verdict for Ford Motor Co., finding it not liable for take-home asbestos exposures (Larry English, et al. v. Borg-Warner Corp., et al., No. GD-13-022072, Pa. Comm. Pls., Allegheny Co.).
SEATTLE - A federal judge in Washington on Oct. 5 granted in part an environmental group's motion for summary judgment, after finding that a petroleum company's discharges of storm water contained levels of zinc and copper that were in excess of limits allowed by its National Pollutant Discharge Elimination System (NPDES) permit (Puget Soundkeeper Alliance v. Rainier Petroleum Corporation, No. C14-831RSM, W.D. Wash.; 2015 U.S. Dist. LEXIS 135709).
WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 5 denied certiorari in a disability benefits suit, refusing to consider the Ninth Circuit U.S. Court of Appeals' ruling that an abuse-of-discretion standard of review was the correct standard of review in the suit (R. Jeffrey Evans v. Sun Life & Health Insurance Co., No. n/a, U.S. Sup.).
WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 5 declined review of an 11th Circuit U.S. Court of Appeals ruling that the discretionary function and misrepresentation exceptions of the Federal Tort Claims Act (FTCA) barred an investor suit against the U.S. government as a jurisdictional matter (Carlos Zelaya, et al. v. United States of America, No. 15-14, U.S. Sup.).
CINCINNATI - A claimant who was prevented by her disability from filing a claim for disability benefits is entitled to prove that her failure to meet the plan's notification requirements was caused by her disability, the Sixth Circuit U.S. Court of Appeals said Oct. 2 in reversing a district court's ruling (Laura Waskiewicz v. Unicare Life and Health Insurance Co., No. 14-1479, 6th Cir.; 2015 U.S. App. LEXIS 17309).
CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on Oct. 6 reinstated claims filed by an army reservist who alleges that her termination following absences due to military leave and the need to treat her post-traumatic stress disorder (PTSD) violated the Uniformed Services Employment and Reemployment Rights Act (USERRA) and constituted disability discrimination (LuzMaria Arroyo v. Volvo Group North America, LLC, d/b/a Volvo Parts North America, No. 14-3618, 7th Cir.; 2015 U.S. App. LEXIS 17527).
WASHINGTON, D.C. - A California appellate panel erred when it refused to enforce an arbitration clause contained in a cable provider's customer agreement, the attorney for the cable provider argued Oct. 6 before the U.S. Supreme Court (DIRECTV, Inc. v. Amy Imburgia, et al., No. 14-462, U.S. Sup.).
WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 5 declined review of a 10th Circuit U.S. Court of Appeals ruling in a securities class action lawsuit challenging the materiality pleading standard for stating claims under federal securities law (United Food and Commercial Workers Union Local 880 Pension Fund v. Chesapeake Energy Corp., et al., No. 14-1233, U.S. Sup.).
WASHINGTON, D.C. - In its Oct. 5 order list, the U.S. Supreme Court granted a motion by U.S. Solicitor General Donald B. Verrilli Jr., representing the federal government, to participate in upcoming oral arguments in a case addressing whether a plaintiff sufficiently alleged injury under the Fair Credit Reporting Act (FCRA) in a class complaint over a data aggregator's purported online publication of false information about him (Spokeo, Inc. v. Thomas Robins, et al., No. 13-1339, U.S. Sup.).
NEW YORK - An appellate ruling relieving a manufacturer of liability for a salvage worker's asbestos exposure does not bar a man's claim for exposure arising from disassembling a boiler, a New York justice held in an opinion posted Oct. 1 (Ernest G. Smith and Claudia Smith v. A.O. Smith Water Products, et al., No. 190299/13, N.Y. Sup., New York Co.; 2015 N.Y. Misc. LEXIS 3473).
SEATTLE - A federal jury on Oct. 1 found for Ford Motor Co. on a couple's asbestos-related product liability and negligence claims (Gregory Cannard and Susan Cannard v. Ford Motor Co., No. 14-5588, W.D. Wash.).
VIENNA, Austria - The United Nations Commission on International Trade Law (UNCITRAL) on Oct. 6 announced that the Republic of Congo, Gabon and Madagascar have signed the United Nations Convention on Transparency in Treaty-based Investor-State Arbitration (Mauritius Convention on Transparency).
WASHINGTON, D.C. - In an Oct. 2 answer filed in District of Columbia federal court, the Federal Bureau of Investigation and the U.S. Department of Justice (DOJ) deny that they violated the Freedom of Information Act (FOIA) by denying requests from The Associated Press (AP) for documents related to investigations in which the government impersonated media organizations for the purpose of tracking down suspected criminals (The Reporters Committee for Freedom of the Press, et al. v. Federal Bureau of Investigation, et al., No. 1:15-cv-01392, D. D.C.).
NEW YORK - A New York justice on Oct. 2 issued an order to show cause asking why the liquidation of a health maintenance organization should not be terminated (In the Matter of Cigna Healthcare of New York, Inc., No. 452836/2014, N.Y. Sup., New York Co.).
ANNAPOLIS, Md. - A July 2014 decision by the Baltimore County Circuit Court to let stand a judicial arbitration panel's reallocation of a nonparticipating manufacturer (NPM) "adjustment" among six states deemed not diligent in enforcing escrow statutes under the Master Settlement Agreement (MSA) of nationwide tobacco litigation was error, the Maryland Court of Special Appeals ruled Oct. 2 (State of Maryland v. Philip Morris Inc., et al., No. 1256, Md. Spec. App.).
BIRMINGHAM, Ala. - After finding that a lender could not remove an ejectment-related action as a counterdefendant, an Alabama federal judge on Oct. 5 remanded the case to an Alabama state court (LLP Mortgage Ltd. v. Dorosco Scarber, et al., No. 15-cv-01380, N.D. Ala.; 2015 U.S. Dist. LEXIS 135374).
NEW YORK - Efforts by a senior trademark user to enjoin the use of "GoBank" by a junior user failed Oct. 5, when a New York federal judge found that five of eight confusion factors favor the junior user (Flushing Bank v. Green Dot Corporation, et al., No. 13-9120, S.D. N.Y.; 2015 U.S. Dist. LEXIS 135368).
TOPEKA, Kan. - A man convicted of rape and abuse of a minor was wrongly denied discovery of certain items from his trial and of subsequent rape cases involving the same victim, a Kansas Court of Appeals panel ruled Oct. 2, reversing in part a trial court's discovery orders and remanding for some in camera review by the lower court (State of Kansas v. Lamar Willis, No. 110.954, Kansas App.; 2015 Kan. App. LEXIS 65).