WASHINGTON, D.C. - On remand from the U.S. Supreme Court, the Federal Circuit U.S. Court of Appeals on Aug. 13 reinstated a verdict of patent infringement after finding that the jury heard "substantial evidence from which it could find that" defendant Limelight Networks Inc. "directs or controls its customers' performance of each . . . method step, such that all steps of the method are attributable to Limelight" (Akamai Technologies Inc. et al. v. Limelight Networks Inc., Nos. 09-1372, -1380, -1416, -1417, Fed. Cir.; 2015 U.S. App. LEXIS 14175).
LOS ANGELES - Nothing in the record indicates that a vessel owner controlled the area where a man suffered fatal exposure to asbestos or that it had knowledge of the dangers he did not possess, a California appeals court held Aug. 11 in finding the action preempted (Mary Murat, et al. v. Exxon Mobil Corp., et al., No. B247889, Calif. App., 2nd Dist.; 2015 Cal. App. Unpub. LEXIS 5710).
CHARLESTON, W.Va. - A defendant in a lawsuit brought by residents who contend that a water company is responsible for contaminating the water supply when it spilled 4-methylcyclohexane methanol into the Elk River near Charleston filed a brief on Aug. 11, arguing that the plaintiffs should not be granted class certification (Crystal Good, et al. v. American Water Works Co. Inc., No. 14-1347, S.D. W.Va.).
NEW ORLEANS - A majority of the Fifth Circuit U.S. Court of Appeals on Aug. 12 affirmed a lower federal court's ruling that the sophisticated-insured exception to a directors and officers liability insurance policy's wrongful acts exclusion is inapplicable (Certain Underwriters at Lloyds London, et al. v. Bruce Perraud, et al., No. 14-10849, 5th Cir.).
CHICAGO - After finding that property owners asserted plausible claims for violation of the Fair Debt Collection Practices Act (FDCPA), an Illinois federal judge on Aug. 10 denied a firm's motion to dismiss the case (Saha Kabir, et al. v. Freedman Anselmo Lindberg LLC, No. 14-1131, N.D. Ill.; 2015 U.S. Dist. LEXIS 104299).
DALLAS - An apartment complex owner's failure to challenge both grounds on which a trial court judge granted a builder's motion for summary judgment warranted upholding the decision, a Texas appeals panel held Aug. 12 (ZZ&Z Properties Ltd. v. ZCC-ZPL JV LLP, No. 05-14-00812-CV, Texas App., 5th Dist.; 2015 Texas App. LEXIS 8442).
SAN FRANCISCO - A commercial general liability insurer had at least a partial duty to defend an insured and an additional insured against allegations arising from breach of quiet enjoyment and demolition in an underlying lawsuit filed by tenants seeking damages for asbestos damages in a construction project, a California federal judge ruled Aug. 12 (Parklyn Bay Company LLC v. Liberty Surplus Insurance Corp., No. 13-3124, N.D. Calif.; 2015 U.S. Dist. LEXIS 106231).
TAMPA, Fla. - A Florida federal judge on Aug. 12 declined to dismiss an insured's bad faith for failure to settle and bad faith refusal to indemnify against a commercial liability insurer regarding its duty to indemnify a settlement of an underlying construction defects case (MI Windows & Doors LLC f/k/a MI Windows & Doors Inc. and MI Home Products Inc. v. Liberty Mutual Fire Insurance Co., No. 14-3139, M.D. Fla.; 2015 U.S. Dist. LEXIS 106108).
OKLAHOMA CITY - Remand of an insurance bad faith lawsuit to state court is not proper because an insurer has shown that the amount in controversy exceeds $75,000, a federal judge in Oklahoma ruled Aug. 12 (C&S Roofing and Fencing LLC, d/b/a C&S Construction v. State Farm Fire and Casualty Co., No. 15-527, W.D. Okla.; 2015 U.S. Dist. LEXIS 105634).
WASHINGTON, D.C. - A North Carolina federal judge's decision to preliminarily enjoin LG Chem America Inc. from making or selling allegedly infringing battery separator products was reversed and remanded Aug. 12 by the Federal Circuit U.S. Court of Appeals (Celgard LLC v. LG Chem America Inc., No. 14-1675, Fed. Cir.).
WASHINGTON, D.C. - A decision by the Board of Patent Appeals and Interferences, which affirmed an examiner's rejection of four claims of an electromagnetic interference reduction patent, was erroneous, the Federal Circuit U.S. Court of Appeals ruled Aug. 12 (Power Integrations Inc. v. Michelle K. Lee, Director, U.S. Patent and Trademark Office, No. 14-1123, Fed. Cir.).
HOUSTON - The Federal Deposit Insurance Corp. Extender Statute "preempts all limitations periods," including statutes of limitation and statutes of repose, a Fifth Circuit U.S. Court of Appeals panel ruled Aug. 10 in reversing and remanding (Federal Deposit Insurance Corp. v. RBS Securities Inc., et al., No. 14-51055, 5th Cir.; 2015 U.S. App. LEXIS 13985).
PHILADELPHIA - A divided panel of the Third Circuit U.S. Court of Appeals on Aug. 11 affirmed a district court's dismissal of pesticide injury claims asserted by banana plantation workers on grounds the case was brought in a separate jurisdiction concurrent with the case at hand (Tobias Bermudez Chavez v. Dole Food Company Inc., No. 13-4144 [consolidated], 3rd Cir.).
NEW YORK - After finding that a letter from a lender constituted a communication related to the collection of a debt, the Second Circuit U.S. Court of Appeals on Aug. 12 vacated a decision granting the lender's motion to dismiss the borrower's claims for violation of the Fair Debt Collection Practices Act (FDCPA) (Matthew J. Hart v. FCI Lender Services Inc., No. 14-191, 2nd Cir.; 2015 U.S. App. LEXIS 14087).
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Aug. 12 issued a decision in which it found that an investor is liable for any environmental damage caused during a period when it conducted work in two Amazon blocks in the Republic of Ecuador and noted that it will retain an expert to review the extent of any damage (Perenco Ecuador Limited v. The Republic of Ecuador, et al., No. ARB/08/6, ICSID).
PHILADELPHIA - A Pennsylvania federal judge on Aug. 11 dismissed a lawsuit filed by a plaintiffs' law firm challenging the Food and Drug Administration's denial of a citizen petition seeking restrictions on the atypical antipsychotic drug Risperdal, its generic versions and Invega because of their alleged risks to children (Sheller, P.C. v. U.S. Department of Health and Human Services, et al., No. 15-440, E.D. Pa.).
TRENTON, N.J. - The public-sidewalk immunity doctrine is not applicable to a claim for personal injuries suffered on a sidewalk in a common-interest community, the New Jersey Supreme Court ruled Aug. 12 (Cuiyun Qian v. Toll Brothers Inc., et al., No. A-95 September Term 2013, N.J. Sup.; 2015 N.J. LEXIS 825).
NEW YORK - Citigroup Inc. and one of its subsidiaries will pay $13.5 million to settle investor claims that they and other defendants misled the investors about, among other things, the financial condition of a hedge fund that was ultimately liquidated at three cents on the dollar, according to a motion for settlement filed by the investors filed Aug. 10 in New York federal court (Dr. David Beach, et al. v. Citigroup Alternative Investments LLC, et al., No. 12-7717, S.D. N.Y.).
OKLAHOMA CITY - The federal judge in Oklahoma presiding over a group of consolidated lawsuits brought by residents who contend that Halliburton Energy Services Inc. (HESI) is liable for personal injuries as a result of the company's release of radioactive materials into the environment ruled that HESI's expert testimony was admissible on Aug. 10 (Amanda Alexander v. Halliburton Energy Services Inc., No. CIV-11-1343, [consolidated], W.D. Okla.; 2015 U.S. Dist. LEXIS 105304).
NEW YORK - The federal judge overseeing the ignition-switch multidistrict litigation against General Motors LLC (New GM) on Aug. 11 granted the bulk of a request by the automaker for an order limiting the scope of a deposition of attorney Anton Valukas, who was hired by New GM to conduct an internal investigation into the ignition switch defect and delays in recall of affected vehicles (In re: General Motors LLC Ignition Switch Litigation, No. 14-md-02543, S.D. N.Y.).
NEW ORLEANS - Testimony regarding military asbestos exposures did not revoke a couple's disclaimer of any causes of action arising under a federal officer, a federal judge held in remanding a case Aug. 10 (Thomas Hayden and Jaqueline Hayden v. 3M Co., et al., No. 15-2275, E.D. La.; 2015 U.S. Dist. LEXIS 104534).