CINCINNATI - A federal judge in Ohio on June 16 dismissed portions of Clean Air Act (CAA) claims brought by residents who live near a facility owned and operated by Haverhill North Coke Co., finding that a consent decree involving the defendant company, the federal government and states of Ohio and Illinois did not bar all of the plaintiffs' claims (Glenn Graff, et al. v Haverhill North Coke Company, et al., No. 09-cv-670, S.D. Ohio; 2015 U.S. Dist. LEXIS 77756).
PARIS - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on June 16 released its decision granting a request by the Republic of Peru for a decision on whether an investor has violated a waiver requirement in the treaty by attempting to pursue legal actions in Peru (The Renco Group, Inc. v. Republic of Peru, No. [UNCT/13/1], ICSID).
CONCORD, N.H. - A New Hampshire justice on June 15 approved a $19 million asbestos bodily injury related settlement between a reorganized company's trust and the liquidator of an insolvent insurer (In the Matter of the Liquidation of The Home Insurance Company, No. 03-E-0106, N.H. Sup., Merrimack Co.).
BRIDGEPORT, Conn. - A jury could conclude that an automobile dealership provided warranty work not as a service but as part of the sale of vehicles and that it knew about the dangers asbestos posed to household members, a Connecticut judge held June 12 in allowing products and premises liability claims (Kenneth Reed III, et al. v. 3M Co., et al., No. 12-6034053 S, Conn. Super., Fairfield at Bridgeport).
NEW ORLEANS - There is no professional liability coverage for a claim that attorneys were negligent in their representation of a decedent's relatives in an underlying wrongful death lawsuit, a Louisiana federal judge ruled June 15, granting the insurer's motion for summary judgment (Della Cupps, et al. v. Torus Specialty Insurance CO., et al., No. 14-615, E.D. La.; 2015 U.S. Dist. LEXIS 77750).
LOS ANGELES - A California federal judge on June 15 denied in part a motion by Sony Pictures Entertainment Inc. to dismiss a putative class action by former employees related to a 2014 data breach, finding that the plaintiffs had standing to sue and that they sufficiently alleged negligence and unfair competition claims (Michael Corona, et al. v. Sony Pictures Entertainment Inc., No. 2:14-cv-09600, C.D. Calif.).
PASADENA, Calif. - Although a Ninth Circuit U.S. Court of Appeals panel affirmed dismissal of a political activist's federal claim related to a district attorney's online postings about her, the panel on June 15 held that the federal amount in jurisdiction threshold had been sufficiently alleged, reversing dismissal of her related state law defamation and invasion of privacy claims (Nadia Naffe v. John Patrick Frey, et al., No. 13-55666, 9th Cir.; 2015 U.S. App. LEXIS 10027).
ST. LOUIS - A panel of the Eighth Circuit U.S. Court of Appeals on June 12 affirmed the dismissal of a class action lawsuit over the leasing of oil and gas mining rights on the Fort Berthold Reservation, saying that the United States was a required party to the case, which could not be joined (Ramona Two Shields, et al. v. Spencer Wilkinson Jr., et al., No. 13-3773, 8th Cir.).
ST. PAUL, Minn. - The jurors who awarded $11.4 million in damages in a trial alleging that a fatal auto accident was caused by sudden acceleration "discharged their duties diligently and with care," a federal judge in Minnesota ruled June 15, denying a defense motion for a new trial and affirming the bulk of the jury's award (Bridgette Trice, et al. v. Toyota Motor Corp., et al., Nos. 10-2802, 10-2803, 10-2804, 10-2805, D. Minn.).
INDIANAPOLIS - Adopting a magistrate's report and recommendation, an Indiana federal judge on June 11 entered default against two defendants in a file-sharing case, finding that their spoliation of evidence prevented the copyright holder from pursuing its infringement claims against them (Malibu Media LLC v. Kelley Tashiro, et al., No. 1:13-cv-00205, S.D. Ind.; 2015 U.S. Dist. LEXIS 75588).
SAN JOSE, Calif. - Finding that certain user contact information and ad-click data is necessary to decide certification of a privacy class action against Facebook Inc., a California federal judge on June 11 ordered the social network to submit a sampling of such information from 5,000 users, granting in part a named plaintiff's motion to compel (In Re: Facebook Privacy Litigation, No. 5:10-cv-02389, N.D. Calif.; 2015 U.S. Dist. LEXIS 75962).
NEW ORLEANS - A Louisiana federal judge on June 11 denied one defendant's motion to dismiss her as a defendant in a toxic tort suit filed against an oil recycling facility and granted the plaintiffs' motion to remand the case to state court (Stacy Davis, et al. v. Omega Refining, LLC, et al., No. 15-518, E.D. La.; 2015 U.S. Dist. LEXIS 75723).
ROCHESTER, N.Y. - Crane Co. can be held liable for failing to warn about the dangers of asbestos-containing component parts where questions exist about the usefulness of non-asbestos-containing options, a New York appeals court held June 12 (In the Matter of the Eighth Judicial District Asbestos Litigation, Beth Ann Pienta, et al. v. A.W. Chesterton Co., et al. and Crane Co., No. 14-02303, N.Y. Sup., App. Div., 4th Dept.).
WASHINGTON, D.C. - The U.S. Department of Justice on June 15 announced that Children's National Medical Center Inc., Children's Hospital and its affiliated entities (collectively CNMC) agreed to pay $12.9 million to resolve allegations in a False Claims Act (FCA) lawsuit that they submitted false cost reports to the U.S. Department of Health and Human Services (HHS) and Medicare programs in the District of Columbia and Virginia (United States of America, ex rel. James A. Roark Sr. v. Children's Hospital, et al., No. 14-cv-616, D. D.C.).
NEW YORK - A federal judge did not err in denying lead plaintiffs the chance to amend their complaint in a securities class action lawsuit because amendment was futile, a Second Circuit U.S. Court of Appeals panel ruled June 15 (NECA-IBEW Pension Trust Fund, et al. v. Kenneth D. Lewis, et al., No. 14-0402, 2nd Cir.).
TAMPA, Fla. - A Florida federal judge on June 15 declined to exclude testimony from two experts in a breach of contract case based on alleged unreliable methodology and lack of importance, saying there is less need for her to exercise her gatekeeping function as to expert testimony for a bench trial and that the objections to the testimony can be brought up again at trial (Apple Glen Investors, L.P., v. Express Scripts, Inc., No. 8:14-cv-1527; M.D. Fla.; 2015 U.S. Dist. LEXIS 77060).
WASHINGTON, D.C. - A decision by the Patent Trial and Appeal Board to terminate an earlier grant of review under the covered business method (CBM) patent review procedure is not appealable, the Federal Circuit U.S. Court of Appeals said June 16 (GTNX Inc. v. INTTRA Inc., Nos. 15-1349, -1350, -1352, -1353, Fed. Cir.).
PASADENA, Calif. - After finding that a loan services company had no duty to provide a borrower with a foreclosure prevention alterative, the Ninth Circuit U.S. Court of Appeals on June 15 affirmed a district court's decision granting summary judgment in favor of the servicer on all claims (Vu Nguyen v. Aurora Loan Services LLC, No. 13-55737, 9th Cir.; 2015 U.S. App. LEXIS 10041).
LAS VEGAS - A federal district court has diversity jurisdiction over an insurance bad faith lawsuit pursuant to Ninth Circuit U.S. Court of Appeals precedent, a federal judge in Nevada ruled June 12 in denying an insured's motion to remand the action to state court (Shawn Ruybal v. Liberty Mutual Fire Insurance Co., et al., No. 15-0508, D. Nev.; 2015 U.S. Dist. LEXIS 77143).
PHOENIX - A woman who alleges that a design defect in her 2000 Ford Focus allowed its roof to be crushed in a 2010 rollover accident, causing her to suffer serious injuries, is not entitled to a new trial following a jury's verdict in favor of Ford Motor Co., a federal judge in Arizona ruled June 12 (Veronica Ochoa-Valenzuela, et al. v. Ford Motor Co. Inc., No. 10-00156-TUC, D. Ariz.).
SYRACUSE, N.Y. - An insurer told a federal court in New York on June 15 that documents attached to a motion for reconsideration represent secondary authority and not new evidence and, therefore, should not be stricken (Utica Mutual Insurance Company v. Clearwater Insurance Company, No. 13-cv-01178, N.D. N.Y.).