AUSTIN, Texas - A concert organizer, a security company and a sponsor of the concert are not vicariously liable for injuries suffered by a concert attendee as the result of the negligence of a third party, a Texas appeals court ruled July 3 (Richard Patrick Fagerberg v. Steve Madden Ltd., et al., No. 03-13-002860-CV, Texas App., 3rd Dist.; 2015 Tex. App. LEXIS 6887).
NEW YORK - The Second Circuit U.S. Court of Appeals on July 2 vacated an order denying a motion for partial summary judgment sought by unpaid magazine interns for reconsideration in light of another Second Circuit ruling in an intern case the same day in which the appellate court established a set of factors courts can use to consider whether an intern is an employee (Xuedan Wang, et al. v. The Hearst Corp., No. 13-4480, 2nd Cir.; 2015 U.S. App. LEXIS 11516).
PHILADELPHIA - A Pennsylvania federal judge on July 2 denied a motion by Allergan Inc. to certify an interlocutory review of his ruling that the company paid kickbacks to doctors which, in turn, caused false claims for prescription drugs to be submitted to government health care programs (United States of America, ex rel. Herbert J. Nevyas, M.D., et al. v. Allergan, Inc., No. 09-532, E.D. Pa.; 2015 U.S. Dist. LEXIS 86243).
NEW YORK - The Second Circuit U.S. Court of Appeals on July 2 vacated an order conditionally certifying a nationwide class of unpaid interns working at divisions of Fox Searchlight Pictures Inc. and Fox Entertainment Group Inc. (collectively, Fox) and vacated an order granting partial summary judgment to two of those interns and remanded for reconsideration of the interns' employment status based on a new test focusing on the educational aspects of the internships (Eric Glatt, et al. v. Fox Seachlight Pictures, Inc., et al., Nos. 13-4478 and 13-4481, 2nd Cir.; 2015 U.S. App. LEXIS 11435).
PHOENIX - An Arizona appeals panel held June 30 that a jury's final verdict that awarded $1,134,442 in damages to a commercial diving services company on its breach of contract and negligence claims against its insurance broker was excessive and not justified by the evidence on record, vacating the award and remanding for a new trial on the issue of damages (Deepwater Divers Inc. v. Wells Fargo Insurance Services USA Inc., No. 1 CA-CV 13-0518, Ariz. App., Div. 1; 2015 Ariz. App. Unpub. LEXIS 862).
NASHVILLE, Tenn. - A Tennessee court on June 30 rejected a railroad's challenges to asbestos causation experts and evidence and affirmed a $3,335,685 judgment (Linda J. Russell, et al. v. Illinois Central Railroad Co., No. W2013-02453-COA-R3-CV, Tenn. App.; 2015 Tenn. App. LEXIS 520).
PHILADELPHIA - The Third Circuit U.S. Court of Appeals on July 2 ruled that the plaintiff law firm of Girardi Keese in Los Angeles is subject to a 7 percent common benefit assessment fee in the Avandia multidistrict litigation even though most of the firm's cases were filed and resolved in California state court (In Re: Avandia Marketing, Sales Practices and Products Liability Litigation, No. 14-2980, 3rd Cir.; 2015 U.S. App. LEXIS 11447).
ANNAPOLIS, Md. - The Maryland Court of Special Appeals on July 2 reversed and remanded a lead-based paint injury lawsuit, concluding that there was ample evidence to establish causation such that the case should not have been dismissed on summary judgment (Myishia Smith v. Rowhouses Inc., No. 993, Sept. Term, 2014; 2015 Md. App. LEXIS 85).
CINCINNATI - A panel of the Sixth Circuit U.S. Court of Appeals on July 1 affirmed a ruling of an Ohio federal court and determined that two parties engaged in a contract dispute pertaining to their responsibilities stemming from a groundwater contamination lawsuit were liable to pay their own costs in the litigation (Warren Drilling Co. Inc. v. Equitable Production Co., No. 15-0483, 6th Cir.; 2015 U.S. App. LEXIS 11530).
BUFFALO, N.Y. - A federal magistrate judge in New York on July 2 granted in part a motion to compel filed by a defendant company in a Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) lawsuit seeking production of emails between the plaintiff company and an environmental engineering firm, ruling that some information was not protected from disclosure by the attorney-client privilege (NL Industries v. ACF Industries, et al., No. 10cv89, W.D. N.Y.; 2015 U.S. Dist. LEXIS 86677).
INDIANAPOLIS - A federal magistrate judge in Indiana on July 2 granted in part an insured's motion to reconsider an April 7 order regarding its motion to compel production of its insurer's underwriting material and claims handling manual (Indianapolis Airport Authority v. Travelers Property Casualty Company of America, No. 13-01316, S.D. Ind.; 2015 U.S. Dist. LEXIS 86315).
WASHINGTON, D.C. - A Delaware federal judge "clearly erred" in finding that batches of the anti-coagulant drug bivalirudin prepared by a laboratory were not sold to a patent infringement plaintiff before the critical date specified in the relevant patent applications, as well as that the batches were prepared for an experimental purpose, according to a July 2 ruling by the Federal Circuit U.S. Court of Appeals (The Medicines Company v. Hospira Inc., Nos. 14-1469, -1504, Fed. Cir.).
NEW YORK - A multiemployer pension plan failed to demonstrate the amount of unfunded benefits attributable to post-petition operation of a bankruptcy estate, the Second Circuit U.S. Court of Appeals ruled on July 2 in a summary order disallowing the plan's administrative expense claim for a portion of the estate's withdrawal liability (Food Employers Labor Relations Association and United Food and Commercial Workers Pension Fund v. The Great Atlantic & Pacific Tea Company, No. 14-3349-bk, 2nd Cir.; 2015 U.S. App. LEXIS 11402).
SAN DIEGO - In a July 2 unpublished opinion, a California appeals court affirmed a class action settlement over the objections of a class member in a case accusing QuickTrim LLC of improperly labeling its product in violation of the state's unfair competition law (UCL) (Teresa Anaya, et al. v. QuickTrim, et al., No. D067432, Calif. App., 4th Dist., Div. 1; 2015 Ca. App. Unpub. LEXIS 4697).
WASHINGTON, D.C. - A chairman for the International Centre for Settlement of Investment Disputes (ICSID) on July 1 denied a request by the Bolivarian Republic of Venezuela to disqualify the majority of the tribunal hearing a case filed by investors in relation to oil projects in Venezuela (ConocoPhillips Petrozuata B.V., et al. v. Bolivarian Republic of Venezuela, No. ARB/07/30, ICSID).
SAN FRANCISCO - An employer did not unlawfully interfere with a pension plan participant's right to early retirement benefits in violation of the Employee Retirement Income Security Act by terminating her employment because she was terminated for violating the employer's privacy policies, the Ninth Circuit U.S. Court of Appeals affirmed July 1 in an unpublished opinion (Rosemarie Cole v. The Permanente Medical Group, Inc., et al., No. 13-15952, 9th Cir.; 2015 U.S. App. LEXIS 11346).
CHARLOTTE, N.C. - A federal judge in North Carolina on July 1 substantially denied a motion to dismiss in an insurance bad faith lawsuit, ruling that an insurer has failed to show that an insured's state law claims are preempted by the Employee Retirement Income Security Act (ERISA) (Craig Bryson, et al. v. UnitedHealthcare Insurance Co., et al., No. 15-0142, W.D. N.C.; 2015 U.S. Dist. LEXIS 85594).
RICHMOND, Va. - An employer may be held liable for a hostile work environment created by an unknown individual, the Fourth Circuit U.S. Court of Appeals ruled July 1, reversing a trial court's ruling to the contrary (Renee Pryor v. United Air Lines, Inc., No. 14-1442, 4th Cir.; 2015 U.S. App. LEXIS 11317).
CHICAGO - An attorney may not recover fees under the common-fund doctrine in addition to or in lieu of fees awarded under a fee-shifting statute like the Employee Retirement Income Security Act "in the absence of a contract," the Seventh Circuit U.S. Court of Appeals ruled July 1 (Darryl Pierce, et al. v. Visteon Corporation, et al., No. 14-2542, 7th Cir.; 2015 U.S. App. LEXIS 11333).
NEW YORK - An oil and gas industry products provider has agreed to a $120 million settlement of claims with investors that it violated provisions of federal securities laws by misrepresenting the company's business and financial condition, according to a press release issued July 1 (Glenn Freedman v. Weatherford International Ltd., et al., No. 12-2121, S.D. N.Y.).
PHILADELPHIA - The National Railroad Passenger Corp. (Amtrak) on June 30 joined in the request of 16 plaintiffs to consolidate in the U.S. District Court for the Eastern District of Pennsylvania all suits stemming from the May 12 derailment of an Amtrak passenger train in Philadelphia (In re Amtrak Train Derailment in Philadelphia, PA, on May 12, 2015, No. 2654, JPMDL).
KNOXVILLE, Tenn. - A judge's post-verdict jury instruction regarding the Federal Employer Liability Act (FELA)'s bar on contributory negligence requires a new trial on the issue of damages in an asbestos case, Tennessee's top court held July 1 in largely upholding the verdict (Anne Payne v. CSX Transportation Inc., No. 223107, Tenn. Sup.).
WASHINGTON, D.C. - On remand, a veterans appeals board must explain how it reconciled conflicting evidence in denying a former laundryman's asbestos exposure claim, an appeals court judge held June 29 (Carolyn Morrison v. Robert A. McDonald, Secretary of Veterans Affairs, No. 13-3474, U.S. App., Vet. Clms.; 2015 U.S. App. Vet. Claims LEXIS 873).
LOS ANGELES - A California federal judge found June 30 that although a civil rights lawyer's alleged conduct in representing a client is, at a minimum, abhorrent, a $250,480 default judgment against the lawyer cannot be recovered under his legal malpractice insurance policy (Michael Petersen v. Arch Insurance Co., No. 15-00832, C.D. Calif.; 2015 U.S. Dist. LEXIS 85183).
SAN DIEGO - A California federal judge on June 30 granted an app development firm's motion to voluntarily dismiss its trademark lawsuit against Google Inc. with prejudice, while granting Google's motion to award it costs associated with the length of the infringement proceedings (Hanginout Inc. v. Google Inc., No. 3:13-cv-02811, S.D. Calif.).