DETROIT - A Michigan federal judge on Aug. 26 excluded partial testimony in an insurance coverage dispute on the remaining issue as to whether an insured's property was located within a 100-year floodplain at the time of its loss (Federal-Mogul Corp. v. Insurance Company of the State of Pennsylvania, No. 12-12005, E.D. Mich.; 2016 U.S. Dist. LEXIS 114573).
WORCESTER, Mass. - Although a federal judge in Massachusetts expressed concerns with how an estimate of overpayment of long-term disability payments was reached and how "narrow a view" an instruction on remand was regarding allocation of permanent scarring benefits in a related personal injury settlement, the judge on Aug. 25 ruled that an insurer was entitled to recovery of $53,292.80 in benefit overpayment from its insured in an insurance breach of contract and bad faith lawsuit (Rachel C. Sugalski v. The Paul Revere Life Insurance Co., No. 14-40015, D. Mass.; 2016 U.S. Dist. LEXIS 113016).
OAKLAND, Calif. - A federal judge in California on Aug. 26 granted a motion to dismiss filed by defendants in a shareholder derivative lawsuit, ruling that the lead plaintiffs lacked standing to bring their claims and failed to properly plead demand futility pursuant to the Delaware Supreme Court's ruling in Rales v. Blasband (In re Rocket Fuel Inc. Derivative Litigation, No. 15-4625, N.D. Calif.; 2016 U.S. Dist. LEXIS 115023).
CLEVELAND - Mobile homeowners' misrepresentation claims do not arise out of events that sought damages for an "occurrence" under a commercial general liability insurance policy and umbrella policy, an Ohio federal judge ruled Aug. 26, finding that the insurer had no duty to defend and indemnify claims filed in a class action lawsuit (Lakeside Terrace Homes Sales Ltd., et al. v. Arrowood Indemnity Co., No. 15-1794, N.D. Ohio; 2016 U.S. Dist. LEXIS 114828).
COLUMBIA, S.C. - The widow of a man who committed suicide after being injured in a car accident was awarded $1.37 million on Aug. 26 in her suit against Ford Motor Co. by a federal jury in South Carolina after the jury found that Ford's 2010 Escape was defective when it was put on the market (Crystal L. Wickersham v. Ford Motor Co., No. 9:13-cv-1192-DCN, D. S.C.).
SAN JOSE, Calif. - Following an Aug. 25 hearing, a California federal judge granted approval that same day of a settlement agreement disposing of a class action over Yahoo Inc.'s scanning of emails, awarding the class $4 million in costs and fees and $20,000 in service awards (In Re Yahoo Mail Litigation, No. 5:13-cv-04980, N.D. Calif.; 2016 U.S. Dist. LEXIS 115056).
ATLANTA - The 11th Circuit U.S. Court of Appeals on Aug. 26 affirmed a lower court's ruling that two general liability insurers have no duty to defend or indemnify their pharmaceutical distributor insured against the State of West Virginia's lawsuit seeking to recover billions in damages for the state's prescription pharmaceutical drug abuse epidemic (The Travelers Property Casualty Company of America, et al. v. Anda Inc. and Watson Pharmaceuticals Inc., No. 15-11510, 11th Cir.; 2016 U.S. App. LEXIS 15760).
CINCINNATI - The Sixth Circuit U.S. Court of Appeals on Aug. 26 affirmed a lower federal court's finding that an insurer has no duty to defend its insured against an underlying trademark dispute, concluding that the underlying claims "looked, walked, and quacked only like typical trademark infringement claims-not unpled disparagement or trade dress claims" (S. Bertram, Inc. v. Citizens Insurance Company of America, No. 15-2552, 6th Cir.; 2016 U.S. App. LEXIS 15886).
SAN FRANCISCO - In a 4-3 ruling, the California Supreme Court on Aug. 29 ruled that a California state court has personal jurisdiction over Bristol-Myers Squibb Co. (BMS) in Plavix personal injury cases involving out-of-state plaintiffs (Bristol-Myers Squibb Company v. The Superior Court of San Francisco County, et al., No. S221038, Calif. Sup.: 2016 Cal. LEXIS 7124).
SAN FRANCISCO - A district court erred in entering judgment in favor of a disability plan and a disability insurer because it failed to consider how medications taken by the disability claimant would affect his ability to function in a workplace under the "any occupation" test, the majority of a Ninth Circuit U.S. Court of Appeals panel said Aug. 26 (Daniel G. Demer v. IBM Corporation LTD Plan, et al., No. 13-17196, 9th Cir.; 2016 U.S. App. LEXIS 15788).
DENVER - The 10th Circuit U.S. Court of Appeals on Aug. 29 affirmed a lower federal court's ruling that there is no coverage for damage to an insured's commercial building caused by a mudslide (Paros Properties LLC v. Colorado Casualty Insurance Co., et al., No. 15-1369. 10th Cir.; 2016 U.S. App. LEXIS 15925).
SAN FRANCISCO - In an Aug. 29 ruling, a Ninth Circuit U.S. Court of Appeals found that AT&T Mobility LLC qualifies as a common carrier under the Federal Trade Commission Act (FTC Act) and, as such, is exempt from the Federal Trade Commission's claims of alleged "data throttling" brought under the act (Federal Trade Commission v. AT&T Mobility LLC, No. 15-16585, 9th Cir.; 2016 U.S. App. LEXIS 15913).
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).
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.).
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).