STATESVILLE, N.C. - A North Carolina state court jury on Oct. 16 returned a defense verdict in favor of defendant Boston Scientific Corp. in a trial involving an Uphold pelvic mesh device (Ramona Winebarger, et al. v. Boston Scientific Corp., No. 15-57, W.D. N.C.).
WASHINGTON, D.C. - The continued viability of the Federal Circuit U.S. Court of Appeals' standard for awarding enhanced damages will be debated by the U.S. Supreme Court, which granted certiorari on Oct. 19 in two cases involving 35 U.S. Code Section 284 (Stryker Corp. et al. v. Zimmer Inc. and Zimmer Surgical, No. 14-1520; Halo Electronics Inc. v. Pulse Electronics Inc. and Pulse Electronics Corp., No. 14-1513, U.S. Sup.).
NEW YORK - A federal judge in New York on Oct. 14 consolidated two securities class action lawsuits and appointed lead plaintiff and lead counsel, ruling that the institutional investor chosen meets all statutory requirements for serving as lead plaintiff (Megan Villella v. Chemical & Mining Co. of Chile Inc., et al., No. 15-2106, S.D. N.Y.; 2015 U.S. Dist. LEXIS 140578).
SHREVEPORT, La. - A Louisiana appeals panel on Oct. 14 affirmed a lower court's refusal to order the unsuccessful plaintiffs in a medical malpractice dispute to pay the defendants' expert cardiologist's $34,064.41 witness fee (William McDougald, et al. v. St. Francis North Hospital, Inc., et al., No. 50,079-CA, La. App., 2nd Cir.; 2015 La. App. LEXIS 2020).
LOS ANGELES - After finding that certain terms of an arbitration agreement in an employment contract were unconscionable, a California federal judge on Oct. 14 refused to compel arbitration of the claims for violation of California's unfair competition law (UCL) and labor laws (Brandyn Ridgeway, et al. v Nabors Completion & Production Services Co., et al., No. 15-03436, C.D. Calif.; 2015 U.S. Dist. LEXIS 140012).
LOS ANGELES - A California court on Oct. 13 affirmed the dismissal of a property owner's claims for violation of California's unfair competition law (UCL), breach of warranty and other claims, finding that the causes of action were barred by the "claim preclusion" concept in the doctrine of res judicata (Kirsten Cole v. J.P. Morgan Chase, N.A., No. B258403, Calif. App., 2nd Dist., Div. 5; 2015 Cal. App. Unpub. LEXIS 7353).
RICHMOND, Va. - A Krispy Kreme manager need not defend herself in Virginia federal court on allegations that she acted negligently by failing to protect two exterior painters, a Virginia federal judge ruled Oct. 13 (Rufino Cruz Cortez v. Krispy Kreme Doughnut Corporation et al., No. 15-258; Rosa Cruz v. Krispy Kreme Doughnut Corporation et al., No. 15-257, E.D. Va.).
BIRMINGHAM, Ala. - A federal judge in Alabama on Oct. 13 dismissed a man's claim for disability pay from the U.S. Department of Veterans Affairs (VA) for Agent Orange exposure and cancer treatment, contending that his lawsuit alleging violation of his due process rights was filed in the wrong jurisdiction (Floyd L. Williamson v. Secretary of Veterans Affairs, et al., No. 15-00806, N.D. Ala.; 2015 U.S. Dist. LEXIS 138996).
ATLANTA - Citing the existence of material fact issues, a Georgia federal judge on Oct. 14 denied a request for summary judgment by Chipotle Mexican Grill Inc., which stands accused of negligence in connection with a patron's slip-and-fall accident (Deacon Hopkins-Bey v. Chipotle Mexican Grill Inc., No. 14-271, N.D. Ga.).
ALBANY, N.Y. - A New York federal judge on Oct. 15 rejected an insurer's motion to reconsider its summary judgment ruling in a coverage dispute over a $1.2 million theft by the insured's former manager of accounting (Dataflow Inc., et al. Peerless Insurance Co., No. 11-1127, N.D. N.Y.; 2015 U.S. Dist. LEXIS 140181).
SAN FRANCISCO - The federal judge presiding over the lawsuit brought by the current owner of a contaminated property that has subsequently resulted in groundwater tainted with toxins ruled Oct. 14 that a group owning 28 acres on a portion of the property in question lacks affirmative defenses barring the lawsuit (Northern California River Watch v. Fluor Corporation, No. 10-05105, N.D. Calif.; 2015 U.S. Dist. LEXIS 140047).
SAN FRANCISCO - Noting that a borrower's numerous causes of action, including claims for violation of California's unfair competition law (UCL), wrongful foreclosure and other claims were repeatedly dismissed in other cases, a California court on Oct. 13 affirmed dismissal of the case without leave to amend (Honorio R. Millari v. JP Morgan Chase Bank, N.A., No. A142272, Calif. App., 1st Dist., Div. 2; 2015 Cal. App. Unpub. LEXIS 7301).
NEW YORK - The federal bankruptcy judge in New York presiding over the liquidation of Motors Liquidation Co., f/k/a General Motors Corp. (Old GM), on Oct. 14 granted a stay in the case and ordered that a $10.6 million bond be posted to cover the prejudice suffered by members of the General Unsecured Claims (GUC) Trust due to the delay in distributions caused by the enforcement of the stay (In re: Motors Liquidation Company, et al., f/k/a General Motors Corp., et al., No. 09-50026, S.D. N.Y. Bkcy.).
ATLANTA - An 11th Circuit U.S. Court of Appeals panel on Oct. 13 enforced an order by the National Labor Relations Board (NLRB) that a paratransit service company discontinue interfering with its employees' union activities and reinstate two workers with back pay, finding that they were improperly terminated (National Labor Relations Board v. Allied Medical Transport, Inc., No. 14-15033, 11th Cir.; 2015 U.S. App. LEXIS 17777).
WASHINGTON, D.C. - The Judicial Panel on Multidistrict Litigation on Oct. 13 ordered the consolidation and transfer of all pending lawsuits related to the May 12 derailment of an Amtrak passenger train in Philadelphia to the U.S. District Court for the Eastern District of Pennsylvania (In re Amtrak Train Derailment in Philadelphia, PA, on May 12, 2015, No. 2654, JPMDL).
NEW YORK - A New York appeals panel on Oct. 15 rejected a directors and officers liability insurer's reargument that a merger litigation and an adversary proceeding constitute one continuous claim, reaffirming that coverage for the adversary proceeding is not subject to a 2006-07 policy's insured versus insured (IVI) exclusion (American Casualty Company of Reading, P.A., et al. v. Morris Gelb, et al., No. 15335 653280/11, N.Y. Sup., App. Div., 1st Dept.; 2015 N.Y. App. Div. LEXIS 7590).
INDIANAPOLIS - An Indiana appeals panel held Oct. 15 that an attorney insured knew or reasonably should have known of his client's potential legal malpractice claim at the time he renewed his professional liability insurance policy and, therefore, his failure to notify the insurer of the potential claim precludes coverage, reversing a lower court (The Bar Plan Mutual Insurance Co. v. Likes Law Office, et al., No. 02A03-1502-CT-65, Ind. App.; 2015 Ind. App. LEXIS 680).
PHILADELPHIA - An asbestos plaintiffs' lawyer cannot pursue a declaratory judgment suit alleging that several asbestos personal injury trusts violated the terms of their respective distribution procedures by refusing to process his claims because he cannot show that he was harmed by the trusts' actions, the Third Circuit U.S. Court of Appeals held Oct. 15 in affirming a trial court's ruling (Michael J. Mandelbrot, et al. v. Armstrong World Industries Asbestos Personal Injury Settlement Trust, et al., No. 14-4173, 3rd Cir.; 2015 U.S. App. LEXIS 17902).
NEW YORK - In a case that it said "tests the boundaries of fair use," a Second Circuit U.S. Court of Appeals panel on Oct. 16 found that Google Inc.'s digital "Library Project" constituted fair use because it is transformative of the included copyrighted works and, therefore, is not infringing (The Authors Guild, et al. v. Google Inc., No. 13-4829, 2nd Cir.).
MADISON, Wis. - A Wisconsin federal judge on Oct. 13 dismissed claims brought by dump truck drivers under the Fair Labor Standards Act (FLSA), finding that they were exempt from overtime pay under the Motor Carrier Act, and ruled that the drivers waived their rights to bring their state claims on behalf of a class because they failed to move for certification (Greg Bakkestuen, et al. v. Lepke Holdings LLC, et al., No. 14-700, W.D. Wis.; 2015 U.S. Dist. LEXIS 138969).