SAN FRANCISCO - Allegations that the Internet Corporation for Assigned Names and Numbers (ICANN) violates the Sherman Act by monopolizing the market for top-level domains (TLDs) like ".com" and ".net" were properly dismissed, the Ninth Circuit U.S. Court of Appeals ruled July 31 (name.space Inc. v. Internet Corporation for Assigned Names and Numbers, No. 13-55553, 9th Cir.; 2015 U.S. App. LEXIS 13360).
VERO BEACH, Fla. - A state court jury returned a defense verdict on July 30 in a suit alleging that a woman's lung cancer and chronic obstructive pulmonary disease (COPD) were caused by her 50 years of smoking (Fannie Collar v. R.J. Reynolds Tobacco Co., et al., No. 2011CA000115, Fla. Cir., 19th Jud. Dist., Indian River Co.).
MINNEAPOLIS - The National Hockey League (NHL) must produce de-identified medical information about concussive injuries suffered by players, the federal judge overseeing the brain injury multidistrict litigation against the league ruled July 31 (In re: National Hockey League Players Concussion Injury Litigation, MDL No. 14-2551, D. Minn.).
LOS ANGELES - A federal Cymbalta withdrawal trial is set to begin Aug. 4 in California (Claudia Herrera, et al. v. Eli Lilly and Company, No. 2:13-2702, C.D. Calif.).
CINCINNATI - A Sixth Circuit U.S. Court of Appeals panel on July 30 affirmed a federal judge in Ohio's ruling finding that Lockheed Martin Corp. is not required pay $2 million to Goodyear Tire and Rubber Co. for litigation costs incurred in a previous Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) contamination cleanup suit, ruling that the judge did not err in finding that polychlorinated biphenyl contamination at the site at issue occurred while Goodyear conducted operations there (Goodyear Tire and Rubber Company v. Lockheed Martin Corporation, No. 14-4078, 6th Cir.; 2015 U.S. App. LEXIS 13448).
ATLANTA - A Georgia appeals court on July 31 denied reconsideration, leaving stand its decision that a pipe maker's duty to household members is irrelevant the question of whether it negligently designed its asbestos-containing pipe (Fletcher v. Water Applications JE-025 Distribution Group Inc., et al., No. A15A0527, Ga. App.; 2015 Ga. App. LEXIS 501).
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on July 30 upheld an award of more than $23 million in an insured's favor for pollution cleanup costs incurred as a result of an oil spill in the wake of Hurricane Katrina on the basis that the District Court did not err in setting the accrual date for the penalty interest award (Cox Operating LLC v. St. Paul Surplus Lines Insurance Co., No. 13-20509, 5th Cir.; 2015 U.S. App. LEXIS 13318).
ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on July 31 held that a medical clinic insured's expenditures for MRI repair and relocation and repair of other specialty equipment are "extra expenses" under its insurance policy, affirming a lower court's ruling in favor of the insured in a coverage dispute arising from tornado damage (Midwest Regional Allergy, Asthma, Arthritis & Osteoporosis Center, P.C., et al. v. The Cincinnati Insurance Co., No. 14-3026, 8th Cir.; 2015 U.S. App. LEXIS 13430).
NEW YORK - A magistrate judge in a federal court in New York on July 30 granted an insurer's motion to enjoin an arbitration, holding that the arbitration demand of a group of reinsurers was in direct contravention of the Federal Arbitration Act (FAA) (Arrowood Indemnity Co. v. Equitas Insurance Limited, et al., No. 13-cv-07680, S.D. N.Y.; 2015 U.S. Dist. LEXIS 99787).
SANTA ANA, Calif. - A California federal judge on July 29 partly denied a university's motion to dismiss wiretap and privacy class claims against it related to campus police officers' assertions that their conversations were covertly recorded (Federated University Police Officers' Association, et al. v. The Regents of the University of California, et al., No. 8:15-cv-00137, C.D. Calif.; 2015 U.S. Dist. LEXIS 99147).
JACKSON, Miss. - A Mississippi Supreme Court panel on July 30 upheld a trial court judge's decisions to award summary judgment to the developer, architect, structural engineer and contractors who repaired the Inn by the Sea (IBTS) condominiums following Hurricane Katrina and exclude the expert testimony proffered by a plaintiff homeowners association, ruling that the judge properly found that the estimates were not based on reliable information (Inn by the Sea Homeowner's Association Inc. v. SeaInn LLC, et al., No. 2013-CA-02013-SCT, Miss. Sup.; 2015 Miss. LEXIS 379).
SACRAMENTO, Calif. - A settlement between a California-based retailer and the representatives of a putative consumer class that alleged inappropriate collection of their personal information was preliminarily approved by a California federal judge on July 29 (Heidi Anderson-Butler, et al. v. Charming Charlie LLC, et al., No. 2:14-cv-01921, E.D. Calif.; 2015 U.S. Dist. LEXIS 99154).
DETROIT - A Michigan federal judge on July 29 found that an issue of fact exists as to whether a certain term used in an invoice by a law firm was materially deceiving and violated the Fair Debt Collection Practices Act (FDCPA), denying the firm's motion for summary judgment on that claim (Earl D. Wilson v. Trott Law, P.C., No. 15-10747, E.D. Mich.; 2015 U.S. Dist. LEXIS 99439).
NEW HAVEN, Conn. - A federal judge in Connecticut on July 30 granted the federal government's motion for judgment on the pleadings in a suit brought against it by two companies that claim that they do not own an island composed of dredge spoils, ash, debris and other anthropogenic fill material where the threat of a discharge of oil may have occurred, finding that the plaintiffs were unable to establish standing to bring their suit under the Clean Water Act (Evergreen Power LLC, et al. v. United States of America, et al., No. 14-cv-01537-WWE, D. Conn.; 2015 U.S. Dist. LEXIS 99448).
WASHINGTON, D.C. - A District of Columbia federal judge on July 30 issued a decision to enforce an English ruling in favor of a Congolese company and denied a motion filed by the Republic of Congo to substitute the company as a plaintiff in the case based on rulings made by several Congolese courts (Commissions Import Export S.A. v. Republic of the Congo, et al., No.. 12-743, D. D.C.; 2015 U.S. Dist. LEXIS 99241).
DAYTONA BEACH, Fla. - An insurer's sufficiently asserted third-party claims for equitable subrogation and common-law indemnity against a contractor for its alleged negligent role in water damage to insureds, a Florida appeals panel ruled July 31, also finding that the insurer should have been allowed to amend its negligence claim (Florida Peninsula Insurance Co. v. Ken Mullen Plumbing Inc., et al., No. 5D14-3480, Fla. App., 5th Dist.; 2015 Fla. App. LEXIS 11572).
PHILADELPHIA - A group of 23 former members of the Kansas City Chiefs football team on July 30 asked the judge overseeing the brain-injury multidistrict litigation against the National Football League to remand their suits against the team to state court in Missouri (In re: National Football League Players' Concussion Injury Litigation, No. 12-md-2323, E.D. Pa.).
HONOLULU - Hawaii Attorney General Douglas S. Chin on July 30 announced that Matson Navigation Co. will pay $15.4 million to resolve claims stemming from a September 2013 molasses spill that discharged 233,000 gallons of molasses into Honolulu Harbor and will cease its operations there.
RICHMOND, Va. - The Fourth Circuit U.S. Court of Appeals on July 30 held that an insurer did not have an obligation to investigate claims that racial animus motivated its insured's decision not to settle an underlying lawsuit stemming from a police shooting, affirming a lower federal court's ruling in favor of the insurer in a civil rights lawsuit against it (Levert Smith, et al. v. Scottsdale Insurance Co., et al., No. 15-1002, 4th Cir.; 2015 U.S. App. LEXIS 13290).
BALTIMORE - Orthopedic device maker NuVasive Inc. has agreed to pay $13.5 million to resolve civil allegations that it marketed its CoRoent System spinal device for off-label purposes and paid kickbacks, according to a July 30 settlement and press release (United States of America ex rel. Kevin Ryan v. NuVasive, Inc., No. 12-2683, D. Md.).
PHILADELPHIA - The Third Circuit U.S. Court of Appeals on July 29 affirmed a district court's decision to certify a class of borrowers who alleged that two banks engaged in predatory lending practices, finding that all of the requirements for class certification were met (In re: Community Bank of Northern Virginia Mortgage Lending Practices Litigation, et al., No. 13-4273, 3rd Cir.; 2015 U.S. App. LEXIS 13186).
LOS ANGELES - A lawsuit filed by an insurance claims examiner who alleges that she and other similarly situated examiners were improperly classified as exempt from receiving overtime is not appropriate to proceed as a class action because individual issues predominate, a California appellate panel ruled July 27, affirming a trial court's ruling (Anna Marie Gentile v. Keenan & Associates, No. B253097, Calif. App., 2nd Dist., Div. 3; 2015 Cal. App. Unpub. LEXIS 5256).