FRESNO, Calif. - The receiver of an insolvent insurer asked a federal court in California on April 1 to certify one of the court's previous orders as final (Thomas T. Hawker, et al. v. BancInsure, Inc., et al., No. 12-cv-01261, E.D. Calif.).
SAN FRANCISCO - Claims in a putative class action alleging that dog food manufactured by Nestle Purina Petcare Co. contains toxic substances have "no credible basis" and rest on "unsubstantiated and anecdotal online reports," Purina argues in a motion to dismiss filed in the U.S. District Court for the Northern District of California on April 2 (Frank Lucido v. Nestle Purina Petcare Co., et al., No. 3:15-cv-00569-LB, N.D. Calif.).
SAN FRANCISCO - Two experts' opinion that every asbestos fiber exposure substantially contributes to disease meets neither federal expert reliability standards nor California law on causation, an asbestos defendant told a federal judge in California on April 3 (Barry Kelly and Molly Kelly v. CBS Corp., et al., No. 11-3240, N.D. Calif.).
BIRMINGHAM, Ala. - A federal judge in Alabama on April 1 adopted a magistrate judge's recommendation to dismiss the federal government's claim that an industrial park was subject to owner liability under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) because a slag pile on the property does not satisfy the statutory definition of a facility (United States of America v. Gadsden Industrial Park LLC, No. 14-cv-00992-KOB, N.D. Ala.; 2015 U.S. Dist. LEXIS 42599).
SAN JOSE, Calif. - In light of the Federal Trade Commission's settlement with Google Inc. over the sale of unauthorized purchases made by minors related to games and applications purchased from the Google Play Store (in-app purchases), a California federal judge on April 3 granted the Internet giant's motion to deny certification of a class that "covers the same conduct at issue in the FTC matter," finding that it did not meet the superiority requirement of Federal Rule of Civil Procedure (FRCP) 23 (Ilana Imber-Gluck, et al. v. Google Inc., No. 5:14-cv-01070, N.D. Calif.).
BALTIMORE - The remaining design defect claims in an asbestos case do not apply to a seller of raw asbestos, a company told a federal judge March 27 after successfully opposing remand (Melvin F. Sherin, et al. v. John Crane-Houdaille Inc., et al., No. 11-3698, D. Md.; 2014 U.S. Dist. LEXIS 130702).
CHICAGO - A federal judge in Illinois on April 3 found that conduct by four Niro, Scavone, Haller & Niro attorneys in a patent lawsuit is sanctionable under 28 U.S. Code Section 1927 (Intellect Wireless Inc. v. Sharp Corporation, et al., No. 10-6763 N.D. Ill.; 2015 U.S. Dist. LEXIS 44070).
CHICAGO - The federal government filed suit in federal court April 3, seeking to enjoin an Illinois company's distribution of mung bean and soybean sprouts linked to an outbreak of listeriosis in Illinois and Michigan (United States of America v. Wholesome Soy Products Inc., et al., No. 15-2974, N.D. Ill.)
WASHINGTON, D.C. - Although a California federal judge properly construed disputed claims in several technology patents, his decision to grant a summary judgment of patent invalidity was improper, the Federal Circuit U.S. Court of Appeals ruled April 3 (Vasudevan Software Inc. v. MicroStrategy Inc., No. 14-1094, Fed. Cir.).
NEW YORK - In a one-page order, the Second Circuit U.S. Court of Appeals on April 3 denied U.S. Attorney for the Southern District of New York Preet Bharara's petition for rehearing of the court's ruling overturning the conviction of an inside trader (United States of America v. Todd Newman, et al., Nos. 13-1837 and 13-1917, 2nd Cir.).
CHICAGO - A majority of the Seventh Circuit U.S. Court of Appeals on April 2 found that money that was the property of an affiliate of the al Qaeda terrorist organization does not qualify as a blocked asset under the Terrorism Risk Insurance Act (TRIA) and, therefore. insurers cannot receive the funds to satisfy a judgment against Al Qaeda for their $2.5 billion subrogation claims stemming from the Sept. 11, 2001, terrorist attacks, reversing and remanding a lower court (United States of America v. All Funds on Deposit with R.J. O'Brien & Associates, held in the name of Bridge Investment, et al., Nos. 13-3732 & 13-3738, 7th Cir.; 2015 U.S. App. LEXIS 5305).
SACRAMENTO, Calif. - A federal magistrate judge in California on April 3 ruled that a California couple failed to plead facts sufficient show that a landlord of a shopping center was negligent or engaged in some ultrahazardous activity on which potential strict liability could be premised with respect to chemical contamination of the couple's groundwater (Anna Lance, et al. v. Commerce Trust Company, No. 15-0341, E.D. Calif.; 2015 U.S. Dist. LEXIS 44321).
WASHINGTON, D.C. - Thirty-eight federal Benicar gastrointestinal injury cases were centralized April 3 before U.S. Judge Robert B. Kugler of the District of New Jersey by a federal judicial panel (In Re: Benicar [Olmesartan] Products Liability Litigation, MDL Docket No. 2606, JPMDL).
SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on April 2 overturned a California federal judge's ruling ordering a defendant in a Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) lawsuit to pay half of the future response costs the plaintiff company incurs in remediating dense nonaqueous phase liquid tetrachloroethene (DNAPL PCE) contamination at a former dry cleaning site, holding that the judge erred when calculating how much the defendant company should pay (AmeriPride Services Inc. v. Texas Eastern Overseas Inc., No. 12-17245, 9th Cir.; 2015 U.S. App. LEXIS 5308).
TALLAHASSEE, Fla. - A Florida judge on April 2 terminated an insolvent insurer's liquidation after more than 20 years of liquidation proceedings (In Re: The Receivership of Trans-Florida Casualty Insurance Company, No. 92-CA-002583, Fla. Cir., Leon Co.).
FRESNO, Calif. - Commercial general liability insurers fail to assert any claims for breach of the cooperation clause of the insurance agreement or for equitable reimbursement, a California federal magistrate judge held April 3, granting the dismissal of claims against additional insureds regarding a defense in an underlying construction defects case (Travelers Property Casualty Company of America, et al. v. Centex Homes, et al., No. 14-01388, E.D. Calif.; 2015 U.S. Dist. LEXIS 44340).
SAN FRANCISCO - Parties involved in case in which California's Accrediting Commission for Community and Junior Colleges (ACCJC) was accused of engaging in practices that violated the unlawful prong of the state's unfair competition law (UCL) when, in 2013, it terminated City College of San Francisco's (CCSF) accreditation, on April 1 filed a stipulation to dismiss an appeal following a February decision by a state court issuing a final injunction and judgment in the case that provides the CCSF a new option to secure its accreditation (People of the State of California ex rel. Dennis Herrera, San Francisco City Attorney v. Accrediting Commission for Community and Junior Colleges, No. A141237, Calif. App., 1st Dist., Div. 4).
CINCINNATI - A collective bargaining agreement (CBA) unambiguously required employer signatories to make fringe benefit contributions for all hours worked by their employees, regardless of whether those hours were for covered employment, the Sixth Circuit U.S. Court of Appeals affirmed April 1 in an unpublished opinion (Bunn Enterprises, Inc., et al. v. Ohio Operating Engineers Fringe Benefit Programs, et al., No. 14-3255, 6th Cir.; 2015 U.S. App. LEXIS 5425).
SAN JOSE, Calif. - After previously dismissing a putative class action targeting Google Wallet, a California federal judge on April 1 found that many of the previous defects had been cured, permitting claims for breach of contract and violation of California's unfair competition law (UCL) to survive a dismissal motion by Google Inc. (Alice Svenson v. Google Inc., et al., No. 5:13-cv-04080, N.D. Calif.; 2015 U.S. Dist. LEXIS 43902).
PITTSBURGH - No link exists between a couple's 2014 asbestos action alleging exposure between 1964 and 2000 and defendant US Airways Inc.'s 2002 bankruptcy, a federal judge held March 31 in granting remand (Ronald P. Abbott, Mary L. Abbott v. The Boeing Co., et al., No. 15-331, W.D. Pa.; 2015 U.S. Dist. LEXIS 42347).