SAN JUAN, Puerto Rico - A Puerto Rico federal magistrate judge on June 24 recommended that a motion for conditional certification in a wage dispute against Avon Products Inc. be granted in part and that Avon's motion to strike be denied (Helen Rossello, et al. v. Avon Products, Inc., No. 14-1815, D. Puerto Rico; 2015 U.S. Dist. LEXIS 83388).
WASHINGTON, D.C. - Efforts by the assignees of a patent covering a method for distributing copyrighted products over the Internet for review of a Federal Circuit U.S. Court of Appeals determination of patent ineligibility were unsuccessful on June 29 (Ultramercial LLC and Ultramercial Inc. v. WildTangent Inc., No. 14-1392, U.S. Sup.).
HARRISBURG, Pa. - An appeals court improperly vacated a $4.6 million award against a Pennsylvania utility company, a man who was injured while working as a contractor on poles owned by the utility argues in a brief filed in the Pennsylvania Supreme Court on June 25 (Vincent P. Nertavich Jr. v. PPL Electric Utilities Corp., et al., No. 21 EAP 2015, Pa. Sup.).
MADISON, Wis. - A police officer injured in a training exercise cannot succeed on most of his theories of negligence asserted against a tactical training company because he failed to provide an expert witness to prove negligence, a Wisconsin federal judge held June 26 in granting in part the training company's request for summary judgment (Todd A. Carlson v. Tactical Energetic Entry Systems, LLC, et al., No. 14-cv-248, W.D. Wis.; 2015 U.S. Dist. LEXIS 83117).
GRAND RAPIDS, Mich. - After ruling on the final legal issues in an environmental contamination coverage dispute, a Michigan federal judge on June 25 adjourned a scheduled trial and said the insured and insurer are in a position to propose a final judgment in the suit (Decker Manufacturing Corp. v. The Travelers Indemnity Co., No. 13-820, W.D. Mich.; 2015 U.S. Dist. LEXIS 82433).
CHICAGO - A woman who was injured when an escalator stopped suddenly, causing her to fall, has alleged sufficient facts to put the company that maintained the escalator on notice of her allegations against it, a federal judge ruled June 25 (Antoinette Calvert v. Office Depot Inc., No. 14-6145, N.D. Ill.; 2015 U.S. Dist. LEXIS 82950).
CINCINNATI - Because a disability claimant was unable to perform two-thirds of his regular occupational duties, the claimant was totally disabled, the Sixth Circuit U.S. Court of Appeals said June 24 (Louis Leonor v. Provident Life and Accident Co. et al., Nos. 14-2120, 14-2152, 6th Cir.; 2015 U.S. App. LEXIS 10647).
WASHINGTON, D.C. - The U.S. Supreme Court on June 29 declined to grant certiorari in a challenge to an appellate court's ruling that an eyelash growth product is actually a drug that was sold without approval in violation of California's unfair competition law (UCL) (Athena Cosmetics, Inc. v. Allergan, Inc., No. 13-1379, U.S. Sup.).
NEW HAVEN, Conn. - A group of reinsurers told a federal court in Connecticut on June 26 that their reinsured's claim regarding certain environmental damage losses should not be counted as a single occurrence (Travelers Casualty and Surety Company v. ACE Property & Casualty Insurance Company, et al., No. 15-cv-00275, D. Conn.).
SANTA ANA, Calif. - A federal judge in California on June 24 dismissed all claims, including violations of the state's unfair competition law (UCL), in a home mortgage modification dispute, saying the plaintiff failed to plead her claims with the particularity required (Cozette Hanich v. Citimortgage Inc., No. 15-557, C.D. Calif.; 2015 U.S. Dist. LEXIS 82170).
NEWARK, N.J. - The bare metal defense entitles three product manufacturers to summary judgment, a judge said before remanding the remainder of the asbestos action on June 26 (Linda Hammell, et al. v. Air & Liquid Systems Corp., et al., No. 14-13, D. N.J.; 2015 U.S. Dist. LEXIS 83154, 2015 U.S. Dist. LEXIS 83153, 2015 U.S. Dist. LEXIS 83152).
ORLANDO, Fla. - A genuine dispute exists over whether a subcontractor caused any delays in a construction project, a Florida magistrate judge found June 26, denying summary judgment to a contractor and its surety (The Davis Group Inc. v. Ace Electric Inc. and The Hartford Casualty Insurance Co., No. 14-251, M.D. Fla.; 2015 U.S. Dist. LEXIS 83368).
PHILADELPHIA - A holding by a New Jersey federal judge that a settlement of patent litigation that involves only an agreement to relinquish the right to produce an "authorized generic" (no-AG agreement) did not implicate federal antitrust law was vacated by the Third Circuit U.S. Court of Appeals on June 26 (King Drug Company of Florence Inc. et al. v. GlaxoSmithKline LLC et al., No. 14-1243, 3rd Cir.; 2015 U.S. App. LEXIS 10859).
WASHINGTON, D.C. - The District of Columbia Circuit U.S. Court of Appeals on June 26 denied a petition to appeal class certification granted in suit over the alleged denial of long-term care alternatives to Medicaid recipients in the District of Columbia (In re: District of Columbia, a municipal corporation, No. 14-8001, D.C. Cir.; 2015 U.S. App. LEXIS 10849).
WASHINGTON, D.C. - The question of whether copyright protection for software extends to all elements of the original work, even when those elements could have been written in more than one way, will not be answered by the U.S. Supreme Court, which denied certiorari in a high-profile dispute between Google Inc. and Oracle America Inc. on June 29 (Google Inc. v. Oracle America Inc., No. 14-410, U.S. Sup.).
PHOENIX - An Arizona appeals panel on June 25 ordered a state court judge to determine if a construction company waived its due process rights when entering into a contract that required it to resolve any disputes through the Arizona Board of Regents' (ABOR) administrative procedures, ruling that he abused his discretion when considering evidence outside of the pleadings when dismissing the lawsuit (Holder Construction Group LLC v. Arizona Board of Regents, et al., No. 1 CA-CV 14-0390, Ariz. App., Div. 1; 2015 Ariz. App. Unpub. LEXIS 848).
PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on June 23, in a ruling affirming the dismissal of a class complaint, declined to expand the coverage of the Song-Beverly Credit Card Act to online transactions (Michael Ambers, et al. v. Buy.com, Inc., No. 13-55953, 9th Cir.; 2015 U.S. App. LEXIS 10614).
MEMPHIS, Tenn. - A psychologist can testify about whether a fitness exam for an airport police officer was job related and consistent with business necessity but must wait until trial for a determination on whether the officer's supervisor acted in a reasonable and prudent manner by relieving the officer of duty and referring her for the exam, a Tennessee federal judge held June 25 (Rosalyn Small v. Memphis-Shelby County Airport Authority, et al., No. 2:13-cv-02437, W.D. Tenn.; 2015 U.S. Dist. LEXIS 82523).
LOS ANGELES - A trial court properly concluded that an employer shifted the burden of summary judgment and that plaintiffs failed to create triable issues, a California appeals court held June 24 (Teresa Quiroz, et al. v. BNSF Railway Co., No. B250165, Calif. App., 2nd Dist.; 2015 Cal. App. Unpub. LEXIS 4426).
NEW YORK - In an electronic order, a federal judge in New York on June 25 unsealed a number of related reinsurance disputes and ordered that a consolidated complaint be filed (National Indemnity Company v. IRB Brasil Resseguros S.A., No. 15-cv-01165; National Indemnity Company v. IRB Brasil Resseguros S.A., No. 15-cv-02939; National Indemnity Company v. IRB Brasil Resseguros S.A., No. 15-cv-03310 and National Indemnity Company v. IRB Brasil Resseguros S.A., No. 15-cv-03975, S.D. N.Y.).
CHICAGO - An Illinois federal judge on June 23 granted an insurer's motion to dismiss an office supply company insured's counterclaim alleging that it is entitled to declaratory relief regarding the insurer's indemnification duties in an underlying lawsuit alleging misappropriation of trade secrets, unfair competition and civil conspiracy (Sentinel Insurance Co. v. Yorktown Industries Inc., No. 14 CV 4212, N.D. Ill., Eastern Div.; 2015 U.S. Dist. LEXIS 81419).
NEW YORK - A New York federal court properly limited or excluded expert testimony for three defendants convicted of submitting false disability claims to the Long Island Railroad's (LIRR) Railroad Retirement Board (RRB) and properly allowed expert testimony by a government witness, the Second Circuit U.S. Court of Appeals held June 22 in affirming the convictions (United States of America v. Joseph Rutigliano, et al., Nos. 14-152, 14-759, 14-1339, 2nd Cir.; 2015 U.S. App. LEXIS 10425).
BOSTON - A professional engineer expert can testify about the design of a metal treestand that broke when a deer hunter stepped on it, sending the hunter falling to the ground, because the expert is sufficiently qualified and his testimony is relevant and reliable, a Massachusetts federal judge ruled June 23 (David Garfield v. Gorilla, Inc., et al., No. 13-12810, D. Mass.; 2015 U.S. Dist. LEXIS 81236).
NEW ORLEANS - A Louisiana federal judge on June 25 allowed an industrial hygienist's asbestos-exposure testimony, over defense complaints that he lacked sufficient experience with mastics or adhesives. The judge previously admitted deposition testimony finding that an insurer's interests were represented by a predecessor in interest and said plaintiffs could raise challenges to defense experts in cross-examination (Sally Gros Vedros, et al. v. Northrop Grumman Shipbuilding Inc., et al., No. 11-1198, E.D. La.; 2015 U.S. Dist. LEXIS 82672).