MIAMI - The Florida federal judge overseeing the denture cream multidistrict litigation on Jan. 28 granted defendant Proctor & Gamble Co.'s motion to exclude the plaintiffs' new general causation experts for failing to satisfy the requirements of Daubert v. Merrell Dow Pharmaceuticals, Inc. (509 U.S. 579, 113 S. Ct. 2786, 125 L. Ed. 2d 469 ) (In Re: Denture Cream Products Liability Litigation, No. 09-2051, S.D. Fla., Miami Div.; 2015 U.S. Dist. LEXIS 9653).
PHILADELPHIA - Citing the recently articulated standard in Federal Trade Commission v. Actavis Inc. (133 S. Ct. 2223 ), a Pennsylvania federal judge on Jan. 28 found that myriad plaintiffs challenging a reverse-payment settlement as anti-competitive adequately pleaded their claims to survive a defense motion for summary judgment (King Drug Company of Florence, Inc., et al. v. Cephalon, Inc., et al., No. 2:06-cv-1797, E.D. Pa.; Vista Healthplan, Inc., et al. v. Cephalon, Inc., et al., No. 2:06-cv-1833, E.D. Pa.; Apotex, Inc. v. Cephalon, Inc., et al., No. 2:06-cv-2768, E.D. Pa.; 2014 U.S. Dist. LEXIS 84818).
RICHMOND, Va. - A Virginia federal judge on Jan. 27 denied an insured's motion to remand a suit seeking coverage for lead-based paint injuries that occurred at the insured property after determining that complete diversity of citizenship exists because the parties were misaligned (Patricia E. Smith v. Nationwide Mutual Fire Insurance Co., et al., No. 14-819, E.D. Va.; 2015 U.S. Dist. LEXIS 9181).
CHICAGO - An Illinois federal bankruptcy judge on Jan. 27 issued an agreed-to protective order designating as confidential nine agreements between Chapter 11 debtor The Budd Co. Inc. and insurance companies involving the settlement or defense of asbestos personal injury claims and documents related to any reserves established by Budd for asbestos-related claims (In re: The Budd Company, Inc., No. 14-11873, N.D. Ill. Bkcy.).
NEW YORK - Securities and business litigation filings and enforcement actions were down for a third straight year in 2014, but the overall number was still elevated "compared to the years prior to the financial crisis," according to a report released Jan. 27 by insurance information firm Advisen.
NEW YORK - The circumstances and the course of settlement negotiations in an asbestos case warranted granting plaintiff's request to discontinue the case against one defendant during trial without awarding costs, a New York justice confirmed Jan. 28 (Charlene F. Hillyer v. The William Powell Co., et al., No. 190132/13, N.Y. Sup., New York Co.).
DENVER - A Colorado federal judge on Jan. 27 declined to certify a class of car rental agency customers who charged for added-on extras that they didn't agree to after the judge found that the class failed to meet the requirements of Federal Rule of Civil Procedure 23 (Dr. Allen Friedman, et al. v. Dollar Thrifty Automotive Group, Inc., d/b/a Dollar Rent A Car, et al., No. 12-2432, D. Colo.; 2015 U.S. Dist. LEXIS 9661).
KANSAS CITY, Kan. - A discovery request by a copyright owner for information relating to communications between a defendant and various nonparty corporations can proceed, a Kansas federal magistrate judge ruled Jan. 28 (Joseph R. Tomelleri v. Zazzle Inc., No. 13-2576, D. Kan.).
WASHINGTON, D.C. - Cost remains a barrier to obtaining medical insurance, with nearly one-third of uninsured but Patient Protection and Affordable Care Act (ACA)-eligible adults citing it as the reason they remain uninsured, according to a Henry J. Kaiser Family Foundation report issued Jan. 29.
SACRAMENTO, Calif. - State laws regulating traditional tobacco products should be expanded to include e-cigarettes, the California Department of Public Health (CDPH) concluded in a report released Jan. 28.
TORONTO - A Canadian energy company on Jan. 28 announced that it has filed a petition to enforce a $118 million arbitration award that was issued in its favor and against the Kyrgyz Republic by a Russian arbitration court.
HARRISBURG, Pa. - Pennsylvania Gov. Tom Wolf on Jan. 29 signed an executive order reinstating a moratorium on new leases for oil and gas development through hydraulic fracturing in state park and state forest lands, effective immediately.
SAN FRANCISCO - Because a claimant did not submit a disability claim for a mental condition or mental illness, the claimant was not required to undergo a psychiatric evaluation that was suggested by some of the claimant's treating doctors, a Ninth Circuit U.S. Court of Appeals panel majority said Jan. 28 (Miae Decovich v. Anthem Life Insurance Co., No. 12-16803, 9th Cir.; 2015 U.S. App. LEXIS 1350).
SAN FRANCISCO - In a stipulated order filed simultaneously with its complaint in California federal court on Jan. 28, the Federal Trade Commission stated that wireless service provider TracFone Wireless Inc. has agree to pay $40 million to settle the FTC's claim of deceptive acts related to the company's purported "data-throttling" practices (Federal Trade Commission v. TracFone Wireless Inc., No. 3:15-cv-00392, N.D. Calif.).
CINCINNATI - A Sixth Circuit U.S. Court of Appeals panel on Jan. 27 reversed a district court order authorizing payments to lower-priority creditors in the Dow Corning silicone breast implant bankruptcy settlement, saying objectors have a right to be heard and a right to question an assessor's financial data (In Re: Settlement Facility Dow Corning Trust, Dow Corning Corporation, et al. v. Claimants' Advisory Committee, et al., No. 14-1090, 6th Cir.).
JACKSONVILLE, Fla. - Evidence of allegedly tortious conduct on the part of tobacco companies occurring after a smoker quit smoking is inadmissible in Phase I of the trial of a wrongful death suit brought by her widower, a federal judge ruled Jan. 28 (Seymour Landau, et al. v. R.J. Reynolds Tobacco Co., et al., No. 3:09-13728, M.D. Fla.).
ST. LOUIS - The parties in a consolidated personal injury lawsuit for exposure to radioactive material against contractors and their successors engaged in the Manhattan Engineering Project near the St. Louis Airport on Jan. 28 filed a joint status report asking for guidance from the presiding judge because they are unable to reach an agreement on a protective order pertaining to the plaintiffs' preliminary expert reports (Scott D. McClurg, et al. v. MI Holdings Inc., et al., No. 12-361 [consolidated], E.D. Mo.).
SAN JOSE, Calif. - A patent damages expert presented by a software firm suing Microsoft Corp. over certain features in its Office Suite line of software may not rely on settlements the firm made in other patent suits, a California federal judge ruled Jan. 27, granting in part Microsoft's motion to exclude (Sentius International LLC v. Microsoft Corp., No. 5:13-cv-00825, N.D. Calif.; 2015 U.S. Dist. LEXIS 8782).
HOUSTON - In response to a Delaware court order barring it from pursuing arbitration, a natural resource company on Jan. 29 announced that its affiliates have withdrawn their request for arbitration with the International Centre for Settlement of Investment Disputes (ICSID) against the Bolivarian Republic of Venezuela.
PASADENA, Calif. - A Ninth Circuit U.S. Court of Appeals panel on Jan. 28 denied a woman's request to overturn her conviction for mail and wire fraud in connection with a scheme to defraud life insurance companies, holding that the defendant waived her challenge to a jury instruction and that the instruction was not clearly erroneous or prejudicial (United States of America v. Jean Crump, No. 13-50179, 9th Cir.; 2015 U.S. App. LEXIS 1355).
SAN FRANCISCO - There is a triable issue as to whether a plan participant complied with the governing plan documents' requirements for changing beneficiary designation, the Ninth Circuit U.S. Court of Appeals held Jan. 28, reversing summary judgment in an interpleader case seeking a determination as to the proper beneficiary of proceeds under two employee benefit plans (Lawrence M. Becker, as fiduciary of the Xerox Corporation Savings Plan and Xerox Corporation Retirement Income Guarantee Plan and Carmen Stephanie Mays-Williams v. Asa Williams Jr., as personal representative of the Estate of Asa Willie Williams, No. 13-35069, 9th Cir.).