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).
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.).
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).
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).
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.).
TAMPA, Fla. - An insurer did not breach its policy by denying coverage for an insured's damages caused by fungus, rot, rain, decay and termites eating wood, a Florida federal judge ruled June 3 (N.P.V. Realty Corp. d/b/a Park Place Apartments v. Nationwide Mutual Insurance Co. and Nationwide Mutual Fire Insurance Co., No. 14-03235, M.D. Fla.; 2015 U.S. Dist. LEXIS 71744).
CHICAGO - A National Labor Relations Board (NLRB) regional director on June 1 ruled that most of the part-time faculty of a Chicago-based university may vote on union representation because the university failed to meet its burden of establishing that those employees "serve a specific role in creating or maintaining the University's religious educational environment" (Saint Xavier University and St. Xavier University Adjunct Faculty Organization, IEA-NEA, No. 13-RC-022025, NLRB Region 13).
KANSAS CITY, Mo. - The cost of replacing a wall was due to an insured's defective design and the need to replace the wall was not caused by a subsequent event, so there was no ensuing loss, a Missouri federal judge ruled June 3 (Performing Arts Community Improvement District v. Ace American Insurance Co., No. 13-0945, W.D. Mo.; 2015 U.S. Dist. LEXIS 71592).
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 ORLEANS - The federal judge in Louisiana overseeing litigation stemming from defective Chinese drywall on June 2 denied a home builder's request to recalculate the amount of self-remediation damages that it should receive from Knauf Plasterboard (Tianjin) Co. Ltd., finding that the plaintiff was unable to show that increases in construction costs have occurred during the manufacturer's alleged delay in paying the claim (In re: Chinese-Manufactured Drywall Products Liability Litigation, MDL 2047, No. 09-md-2047, E.D. La.).