CLEVELAND - A Cleveland man filed a class complaint on Oct. 14 in the Cuyahoga County, Ohio, Court of Common Pleas accusing a weight loss supplement maker of printing false claims about the supplement's contents and lack of side effects on the product's labels (Barry A. Cohen v. Absolute Nutrition, LLC, No. 15-852627, Ohio Comm. Pls., Cuyahoga Co.).
MEMPHIS, Tenn. - A Tennessee federal judge on Oct. 13 found that a borrower failed to show that he relied on any false statements when he entered a mortgage loan, granting a motion for summary judgment filed by a bank (Samuel R. Humphreys v. Bank of America, N.A., No. 2:11-cv-02514, W.D. Tenn.; 2015 U.S. Dist. LEXIS 138869).
PHILADELPHIA - A Pennsylvania federal judge on Oct. 13 partly denied a school district's motion to preclude evidence in a former employee's discrimination lawsuit, finding that certain text messages containing racist exchanges involving the district's superintendent were relevant and of probative value to the claims discrimination and retaliation claims at issue (Jahmal Phoenix v. Coatesville Area School District, No. 2:15-cv-00072, E.D. Pa.; 2015 U.S. Dist. LEXIS 138917).
SAN DIEGO - Citing genuine issues of material fact surrounding the existence of an implied license to use a disputed trademark, a California federal judge on Oct. 13 denied a request by two defendants for summary judgment (Seth Wallack, et al. v. IDEXX Laboratories Inc., et al., No. 11-2996, S.D. Calif.).
GREENSBORO, N.C. - A Chinese corporation must face allegations of patent infringement in North Carolina, based on its establishment of an affiliate "specifically to market and sell products to customers in the United States," a federal judge ruled Oct. 14 (Syngenta Crop Protection LLC v. Willowood Limited, et al., No. 15-274, M.D. N.C.).
WASHINGTON, D.C. - A panel in the Federal Circuit U.S. Court of Appeals on Oct. 14 dismissed an appeal brought by a woman who contended that her husband was poisoned, and later died, as a result of exposure to Agent Orange during his service in Vietnam, ruling that the court lacked jurisdiction over the appeal (Lucy B. Gabriel v. Robert A. McDonald, No. 2015-7091, Fed. Cir.; 2015 U.S. App. LEXIS 17821).
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Oct. 14 ordered a Bangladesh oil and gas company to pay a $25,312,747 arbitration award issued in favor of a resource company into an escrow account, plus 139,988,337 Bangladesh Taka in satisfaction of the award (Niko Resources [Bangladesh] Ltd. v. People's Republic of Bangladesh, et al., Nos. ARB/10/11 and ARB/10/18, ICSID).
MIAMI - A Florida appellate panel on Oct. 14 affirmed a trial court judge's decision to award attorney fees to a couple for successfully defending against their insurer's counterclaim that they were unjustly enriched when receiving a $28,000 payout for a water damages loss claim even though a jury also found in favor of the insurer on its argument that the couple made misrepresentations when submitting the claim (Citizens Property Insurance Corp. v. Ernesto Bascuas, et al., No. 3D14-2434, 3D14-1549, Fla. App., 3rd Dist.; 2015 Fla. App. LEXIS 15138).
HARRISBURG, Pa. - A Pennsylvania federal judge on Oct. 13 denied an insurer's motion for reconsideration, determining that the addition to the record of a portion of the insurer's affidavit does not change the conclusion that Pennsylvania law, not New York law, governs the insured's lawsuit seeking coverage for underlying asbestos liabilities (York International Corp. v. Liberty Mutual Insurance Co., No. 10-0692, M.D. Pa.; 2015 U.S. Dist. LEXIS 138927).
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).
CHARLESTON, W.Va. - A federal judge in West Virginia on Oct. 14 appointed a special master to help determine a proper remedy for Fola Coal Co. LLC's illegal discharges of ionic pollution, ruling that remedies proposed by the company and environmental groups are complex and costly (Ohio Valley Environmental Coalition v. Fola Coal Company LLC, No. 13-5006, S.D. W.Va.; 2015 U.S. Dist. LEXIS 139507).
WASHINGTON, D.C. - A motion by Samsung Electronics America Inc. and Samsung Electronics Co. Ltd. (Samsung, collectively) to stay enforcement of a final, $548 million judgment in California patent litigation with Apple Inc. was rejected Oct. 13 by the Federal Circuit U.S. Court of Appeals (Apple Inc. v. Samsung Electronics America Inc., No. 15-2088, Fed. Cir.).
PASADENA, Calif. - General testimony of asbestos exposure from pump gaskets without more evidence of who manufactured those parts does not create issues of material fact, a Ninth Circuit U.S. Court of Appeals panel held Oct. 14 (Jeffrey J. Lannes v. Flowserve U.S. Inc., et al. [Warren Pumps Inc.], Nos. 13-56391, 13-56393, 15-56397, 9th Cir.).
NEW ORLEANS - The Louisiana Supreme Court on Oct. 14 found that the doctrine of lis pendens applies to plaintiffs' individual lawsuits even though they were not named parties or joined in first-filed Hurricane Katrina class actions, reversing and remanding a lower court's ruling that denied the insurer's exception of lis pendens (Thelma Aisola v. Louisiana Citizens Property Insurance Corp., 2014-CC-1708, La. Sup.).
PITTSBURGH - A Pennsylvania federal judge on Oct. 9 granted a corporation's motion for summary judgment against a bank, seeking funds that the bank obtained after it was served with a writ of garnishment in relation to a $33,777,000 arbitral award (Sojitz Corp. v. Prithvi Information Solutions Limited, et al., No. 2:12mc471, W.D. Pa.; 2015 U.S. Dist. LEXIS 138128).
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes on Oct. 12 released an order in which it found that the United Nations Commission on International Trade Law (UNCITRAL) Rules on Transparency will apply to an arbitration commenced by a Guernsey mining company against the Republic of Guinea, with the exception of certain amendments (BSG Resources Limited v. Republic of Guinea, No. ARB/14/22, ICSID).
SAN FRANCISCO - A man accused of "scraping" and copying the listings from the website of Craigslist Inc. had default judgment entered against him on Oct. 11 by a California federal judge, in light of the defendant's failure to respond to the claims against him by the online classified advertisement site operator (Craigslist Inc. v. 3Taps Inc., et al., No. 3:12-cv-03816, N.D. Calif.).
MARSHALL, Texas - Two messaging services used by Google Inc. in a number of its popular products and services do not infringe a plaintiff's data transmission patent, a Texas federal jury found in an Oct. 12 verdict (SimpleAir Inc. v. Google Inc., et al., No. 2:14-cv-11 and 2:13-cv-937, E.D. Texas).
DENVER - A request by a prevailing copyright infringement defendant for an award of attorney fees was denied Oct. 13 by a Colorado federal magistrate judge (Millennium Inc. v. Sai Denver M Inc., No. 14-1118, D. Colo.).
DAYTON, Ohio - There is no likelihood of confusion between a defendant's use of the "IntelliJet" mark for an aircraft brokerage and leasing service and a plaintiff's use of "Intellijet" for its software program, an Ohio federal judge ruled Oct. 13 (NetJets Inc. v. IntelliJet Group LLC, No. 12-59, S.D. Ohio.; 2015 U.S. Dist. LEXIS 139137).
MEMPHIS, Tenn. - A Lanham Act dispute over cable ties with an oval-head design will proceed in Tennessee federal court, a federal judge ruled Oct. 13 (Thomas & Betts International LLC, et al. v. Burndy LLC, No. 14-2296, W.D. Tenn.).
CAMDEN, N.J. - The railroad company defendants being sued by a group of New Jersey residents seeking damages related to a vinyl chloride spill caused by the derailment of a train crossing the bridge over Mantua Creek on Oct. 9 filed a brief in federal court, arguing that the District Court should retain jurisdiction over the case (In Re: Paulsboro Derailment Cases, No. 13-784, D.N.J.).
COLUMBUS, Ohio - The water company in Ohio that is suing E.I. du Pont de Nemours & Co. for the costs associated with remediating drinking water that was contaminated with perfluorooctanoic acid (known as C8) and other perfluorinated compounds (PFCs) on Oct. 12 filed a brief in federal court, arguing that more discovery is needed in the case (The Little Hocking Water Association Inc. v. E.I. du Pont de Nemours & Co., No. 09-1081, S.D. Ohio).
SAN FRANCISCO - A California federal judge on Oct. 9 certified a class of disability benefits applicants suing the acting commissioner of Social Security over the administration's decision to deny them benefits based on examinations performed by a doctor who was later disqualified (Kevin Hart, et al. v. Carolyn W. Colvin, No. 15-623, N.D. Calif.; 2015 U.S. Dist. LEXIS 138673).
MADISON, Wis. - Following a week-long trial, jurors empanelled before U.S. Judge William M. Conley of the Western District of Washington on Oct. 12 sided squarely with the Wisconsin Alumni Research Foundation (WARF) in a patent infringement action against Apple Inc. (Wisconsin Alumni Research Foundation v. Apple Inc., No. 14-62, W.D. Wis.).