NEW YORK - A New York federal judge on July 12 held that a directors and officers liability insurance policy's professional services exclusion unambiguously bars coverage for claims in an underlying Facebook IPO class action lawsuit but refused to grant summary judgment to the primary D&O insurer on a breach of contract claim involving the advancement of underlying defense costs (Beazley Insurance Co. Inc. v. ACE American Insurance Co., et al., No. 15-5119, S.D. N.Y.; 2016 U.S. Dist. LEXIS 90332).
WASHINGTON, D.C. - A patent examiner's rejection - later upheld by the Patent Trial and Appeal Board - of all asserted claims of a patented method and system for allocating access rights to channels in a wireless network was upheld July 11 by the Federal Circuit U.S. Court of Appeals (IPCom GmbH & Co. v. HTC Corporation, No. 15-1754, Fed. Cir.; 2016 U.S. App. LEXIS 12671.).
BOSTON - The Securities and Exchange Commission has properly alleged that a day trader's tipper in an insider trading lawsuit breached her fiduciary duty to her employer in providing inside information regarding a merger deal, a federal judge in Massachusetts ruled in a July 12 opinion (Securities and Exchange Commission v. Vlad B. Spivak, et al., No. 15-13704, D. Mass.).
DENVER - The 10th Circuit U.S. Court of Appeals on July 12 affirmed a jury verdict in favor of Goodyear Tire & Rubber Co. in a class complaint accusing the company of manufacturing faulty radiant heat tubing (David Helmer, et al. v. Goodyear Tire & Rubber Co., No. 15-1214, 10th Cir.; 2016 U.S. App. LEXIS 12779).
BOSTON - A First Circuit U.S. Court of Appeals panel on July 13 affirmed dismissal of a putative class action filed by retirement plan participants and a plan administrator alleging breach of fiduciary duties under the Employee Retirement Income Security Act (In Re: Fidelity ERISA Float Litigation; Timothy M. Kelley, et al. v. Fidelity Management Trust Co., et al., No. 15-1445, 1st Cir.; 2016 U.S. App. LEXIS 12874).
PORTLAND, Ore. - The City of Portland, Ore., on July 12 sued Monsanto Co. and two of its affiliates in Oregon federal court, contending that the city's water supply and environment are contaminated by polychlorinated biphenyls (PCBs), and the company - which was the sole manufacturer of the chemical compound - concealed the truth about its toxicity from the public and government (City of Portland, Ore. v. Monsanto Company, et al., No. 16-1418, D. Ore.).
SOUTH BEND, Ind. - A federal judge in Indiana on July 11 denied a couple's motion to remand its groundwater contamination case to state court on grounds that the defendant's motion to remand was timely and that the local controversy to the Class Action Fairness Act (CAFA) did not apply (Amos Hostetler, et al. v. Johnson Controls Inc., No. 15-226, N.D. Ind.; 2016 U.S. Dist. LEXIS 89278).
LOS ANGELES - A federal judge in California on July 11 partially granted a defense motion for a directed verdict, reducing by $800,000 a jury award against a retailer that sold a copyrighted hookah without the maker's permission because two of the flavors it sold were not counterfeited Kaloud Inc. v. Shisha Land Wholesale Inc., No. 2:15-cv-3706, C.D. Calif.).
LOS ANGELES - A California federal judge on July 11 awarded a movie production company that asserted causes of action for copyright infringement and violation of California's unfair competition law (UCL) $1,885,969.96 in damages and entered a permanent injunction ordering another entity and its owner from ever using the company's movie trademark again (Fuzzy Logic Productions Inc. v. Trapflix LLC, et al., No. 15-6203, C.D. Calif.; 2016 U.S. Dist. LEXIS 90290).
SYRACUSE, N.Y. - A nonparty reinsurer involved in a similar asbestos-related case as the instant action told a federal court in New York on July 10 that the method of an insurer's attempts to restrict the reinsurer's access to certain sealed documents is contrary to controlling case law (Utica Mutual Insurance Company v. Munich Reinsurance America, Inc., No. 12-cv-00196, N.D. N.Y.).
NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on July 11 affirmed dismissal of claims against Acme Building Brands Inc. in an Employee Retirement Income Security Act suit over reductions in the company's pension and 401(k) plans (Judy Hunter, et al. v. Berkshire Hathaway Inc., et al., No. 15-10854, 5th Cir.; 2016 U.S. App. LEXIS 12744).
CHICAGO - A man who was once the defendant in an online file-sharing copyright suit filed a citation of additional authority in the Seventh Circuit U.S. Court of Appeals July 11, asserting that admissions in a Minnesota Supreme Court attorney disciplinary proceeding supported a trial court's award for discovery sanctions against that same attorney in the current case (Lightspeed Media Corp., et al. v. Anthony Smith, et al., No. 15-2440, 7th Cir.).
PHOENIX - An Arizona trial court erred when it decertified a class of truck drivers alleging systemic underpayment, an Arizona appellate panel ruled July 12 in an opinion in which it also determined that Arizona law applies to the drivers' claim for breach of the duty of good faith and fair dealing (Leonel Garza, et al. v. The Honorable J. Richard Gama, et al., No. 1 CA-SA 15-0315, Ariz. App., Div. 1).
ATLANTA - A unanimous Georgia Supreme Court on July 8 reversed an appellate panel's decision finding that a bank's arbitration clause, which only permits an individual depositor to reject arbitration on his or her own behalf, prevents a class representative from suing on behalf of class members (Bickerstaff v. SunTrust Bank, No. S15G1295, Ga. Sup.; 2016 Ga. LEXIS 469).
HARRISBURG, Pa. - The Pennsylvania Department of Environmental Protection (DEP) on July 12 announced that its Bureau of Safe Drinking Water will oversee and work with the Pittsburgh Water and Sewer Authority (PWSA) in response to test results that indicate that the levels of lead and copper in the city's drinking water require remediation.
ALEXANDRIA, Va. - Assertions by Samsung Electronics Co. Ltd. that a data stream error detection patent is invalid pursuant to 35 U.S. Code Sections 102(a), 102(b) and 103(a) have merit, in part, the Patent Trial and Appeal Board concluded July 8 (Samsung Electronics Co. Ltd. v. Koninklijke KPN N.V., No. IPR2016-00392, PTAB).
AUGUSTA, Ga. - Allegations of trademark infringement stemming from a defendant's enlistment of third-party affiliates to drive Internet traffic away from a plaintiff will proceed, an Oklahoma federal judge ruled July 12 (Premium Nutraceuticals LLC v. Leading Edge Marketing Inc., et al., No. 15-141, S.D. Ga.; 2016 U.S. Dist. LEXIS 90319).
CHICAGO - An Ohio resident who sued the Illinois State Toll Highway Authority for allegedly failing to properly inform drivers about how the highway tolls work failed to state a claim for relief, the Seventh Circuit U.S. Court of Appeals ruled July 8 (Jeffrey D. Cochran v. Illinois State Toll Highway Authority, et al., No. 15-2689, 7th Cir.; 2016 U.S. App. LEXIS 12567).
CHICAGO - A man who was once the defendant in a an online file-sharing copyright suit filed a citation of additional authority in the Seventh Circuit U.S. Court of Appeals July 11, asserting that admissions in a Minnesota Supreme Court attorney disciplinary proceeding supported a trial court's award for discovery sanctions against that same attorney in the current case (Lightspeed Media Corp., et al. v. Anthony Smith, et al., No. 15-2440, 7th Cir.).