WASHINGTON, D.C. - The Trademark Trial and Appeal Board properly sustained an opposition by Swatch AG of a trademark application for "iWatch" on grounds that the applicant lacked a bona fide intent to use the mark in commerce, the Federal Circuit U.S. Court of Appeals ruled June 4 (M.Z. Berger & Co. Inc. v. Swatch AG, No. 14-1219, Fed. Cir.; 2015 U.S. App. LEXIS 9276).
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on June 4 reversed a District Court's injunctive relief award in an age discrimination suit, finding that the employee waived his right to seek such relief (David O. Peterson v. Bell Helicopter Textron, Incorporated, No. 14-10249, 5th Cir.; 2015 U.S. App. LEXIS 9342).
WASHINGTON, D.C. - A panel of the District of Columbia Circuit U.S. Appeals Court on June 2 ordered the U.S. Environmental Protection Agency to reconsider an oil refinery's request for an extension for exemption of annual standards for the production of renewable fuels, finding that mathematical errors the agency made when evaluating the refinery's financial data were not harmless (Hermes Consolidated LLC, d/b/a Wyoming Refining Company v. U.S. Environmental Protection Agency, No. 14-1016, D.C. Cir.; 2015 U.S. App. LEXIS 9113).
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on June 2 affirmed a lower federal court's dismissal of a lawsuit brought by the previous owners of a self-storage company alleging that they were denied the insurance proceeds they were owed for Hurricane Katrina damage, as well as the ability to maintain an ownership stake in the self-storage company (BCR Safeguard Holding L.L.C., et al. v. Morgan Stanley Real Estate Advisor Inc. et al., No. 14-31068, 5th Cir.; 2015 U.S. App. LEXIS 9268).
NEW ORLEANS - A district court did not abuse its discretion in striking two expert reports for a couple alleging that they suffered carbon monoxide poisoning due to a faulty gas range, the Fifth Circuit U.S. Court of Appeals held June 4 in a per curiam opinion, finding that there was too great a gap between the data presented and one expert's causation opinion and that the other expert was not qualified to offer his opinion on whether the range was defective (Devereaux Macy, et al. v. Whirlpool Corporation, No. 14-20603, 5th Cir.; 2015 U.S. App. LEXIS 9338).
TACOMA, Wash. - A federal judge in Washington on June 2 declined to dismiss an insurance bad faith lawsuit, ruling that although insureds failed to abide by a court order to file a joint status report, that failure does not require dismissal (Kenneth and Karen Oswald v. Horace Mann Insurance Co., No. 14-5920, W.D. Wash.; 2015 U.S. Dist. LEXIS 71297).
NEW YORK - The denial of a claimant's benefits under a disability pension plan was not arbitrary or capricious because it was not clear that the disability was permanent or that she was disabled while employed, the Second Circuit U.S. Court of Appeals said June 1 (Francy Ocampo v. Building Service 32B-J Pension Fund, et al., No. 14-0877, 2nd Cir.; 2015 U.S. App. LEXIS 9020).
NEW YORK - A New York justice on June 2 issued an order to show cause asking for responses regarding the proposed termination of the ancillary receivership of an insolvent Ohio insurer (In the Matter of the Ancillary Receivership of Credit General Insurance Company, No. 400160/01, N.Y. Sup., New York Co.).
MINNEAPOLIS - A motion by former professional hockey players to enforce subpoenas for concussion-related medical records should be denied because the players have materially changed the nature of their request in pleadings filed in support of the motion, the National Hockey League (NHL) and 23 member hockey clubs told the federal judge overseeing the brain-injury multidistrict litigation against the NHL on June 2 (In re: National Hockey League Players Concussion Injury Litigation, MDL No. 14-2551, D. Minn.).
NEW YORK - Google Inc. moved in New York federal court on June 1, seeking to compel three movie studios to comply with discovery subpoenas served on them in a lawsuit in Mississippi federal court in which Google asserts constitutional violations in Mississippi Attorney General Jim Hood's investigation of it under the Mississippi Consumer Protection Act (MCPA) (Google Inc. v. Twenty-First Century Fox Inc., et al., No. 1:15-cv-00150, S.D. N.Y.).
CHARLESTON, S.C. - A South Carolina federal judge on June 3 granted in part and denied in part an insurer's motion to quash a subpoena filed by a condominium association and insureds with regard to insurer counsel's files on commercial general liability insurance policies and an underlying construction defects case (East Bridge Lofts Property Owners Association Inc., et al. v. Crum & Forster Specialty Insurance Co., No. 14-2567, D. S.C.).
FORT MYERS, Fla. - A Florida federal judge on June 3 limited the testimony of a damages expert in a patent dispute, directed the expert to file an amended total royalty analysis and questioned the expert's qualifications, reserving ruling on whether he is qualified until he is questioned at trial (Chico's Fas, Inc. v. Andrea Clair, et al., No. 2:13-cv-792, M.D. Fla.; 2015 U.S. Dist. LEXIS 71716).
NEWARK, N.J. - A New Jersey federal judge on June 1 certified two classes of chiropractors suing insurers for allegedly systematically denying payment for certain services rendered (Alphonse DeMaria, et al. v. Horizon Healthcare Services Inc. d/b/a Blue Cross Blue Shield of New Jersey, et al., No. 11-7298, D. N.J.; 2015 U.S. Dist. LEXIS 70176).
MADISON, Wis. - A federal judge on June 3 denied three aircraft manufacturers' motions for judgment on the bare-metal defense, but barred expert testimony that "any exposure" to asbestos could lead to disease (Shirley D. Spychalla v. Boeing Aerospace Operations Inc., et al., No. 11-497, E.D. Wis.).
MADISON, Wis. - A son's wrongful death claim arising from his mother's alleged asbestos-related death seeks to compensate him, not the decedent, and his timely action renders moot his late appointment as special administrator on his mother's survival action, a federal judge held June 2 (Brian Heckel, et al. v. 3M Co., et al., No. 13-459, W.D. Wis.; 2015 U.S. Dist. LEXIS 71239).
NEWARK, N.J. - A New Jersey federal judge on June 3 granted a motion filed by several loan entities to dismiss claims against them, finding that a borrower's claims for violation of the Truth in Lending Act (TILA) and the Fair Debt Collection Practices Act (FDCPA) were time-barred (Patricia Mogavero v. Seterus Inc., et al., No. 15-cv-1314, D. N.J.; 2015 U.S. Dist. LEXIS 71600).
NEW ORLEANS - After finding that a hotel owner and trust did not reserve their claims under bankruptcy plans against defendants in relation to the foreclosure of two hotels, the Fifth Circuit U.S. Court of Appeals on June 1 affirmed a district court's decision to dismiss the case for lack of standing (Rossco Holdings Inc., et al. v. Michael McConnell, Esq., No. 14-10900, 5th Cir.; 2015 U.S. App. LEXIS 9197).
MIAMI - Trial got under way in state court on June 4 in a suit alleging that a Florida man's death from chronic obstructive pulmonary disease (COPD) was caused by his addiction to cigarettes (Joyce Hardin, et al. v. R.J. Reynolds Tobacco Co., et al., No. 07-46973-CA-22, Fla. 11th Jud. Cir., Miami-Dade Co.).
WASHINGTON, D.C. - An English mining company on June 4 announced that it has filed its reply to an application to dismiss filed by the Republic of Indonesia, arguing that many of Indonesia's key witnesses are inaccurate and that the case should proceed (Churchill Mining PLC v. Republic of Indonesia, No. ARB/12/14 and ARB/12/40, ICSID).
NEW YORK - A New York woman on June 3 filed a class complaint against iHeartMedia Inc. in New York federal court for allegedly sending unauthorized text messages to cellular phones of people around the country (Beth Shvarts, et al. v. iHeartMedia, Inc., No. 15-3231, E.D. N.Y.).