WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 29 denied review of a multidistrict litigation common benefit fee dispute between plaintiff firm Girardi Keese and the Plaintiff Advisory Committee in the Avandia MDL (The Girardi Keese Law Firm v. Plaintiffs' Advisory Committee, et al., No. 15-704, U.S. Sup.).
WASHINGTON, D.C. - Finding that Samsun Electronics Co. Ltd. established prima facie cases of obviousness and noninfringement by its smartphones, a Federal Circuit U.S. Court of Appeals panel on Feb. 26 reversed a jury's finding of infringement in favor of Apple Inc. and an accompanying award of more than $119 million (Apple Inc. v. Samsung Electronics Co., Ltd., et al., Nos. 2015-1171, 2015-1195 and 2015-1994, Fed. Cir.; 2016 U.S. App. LEXIS 3432).
NEW YORK - Vivendi Universal S.A. has agreed to pay $775 million to Liberty Media Corp. to settle claims that Vivendi misrepresented its dire financial condition in order to push through a proposed merger deal with Liberty Media in violation of federal securities law, according to a press release issued Feb. 26 (Liberty Media Corp., et al. v. Vivendi Universal S.A., et al., No. 03-2175, S.D. N.Y.).
WASHINGTON, D.C. - Parties in a price-fixing class suit pending before the U.S. Supreme Court filed a joint motion Feb. 25 to hold the petition for writ of certiorari in abeyance, just a day before the petitioner, Dow Chemical Co., announced that it agreed to pay $835 million to settle the suit (Dow Chemical Company v. Industrial Polymers, Inc., et al., No. 14-1091, U.S. Sup.).
HOUSTON - Plaintiffs' motion to enjoin a judge from enforcing legislatively enacted medical requirements appears to ask a judge to enjoin himself and thus seeks the wrong type of relief, a Texas appeals court panel held in affirming denial of the motion Feb. 25 (In re: Texas State Silica Products Liability Litigation, No. 01-15-00251-CV, Texas App., 1st Dist.; 2016 Tex. App. LEXIS 1965).
SAN FRANCISCO - Counsel's and a private investigator's declarations attesting to a sincere campaign to build a case overcome allegations of bad faith in pursuing the defendant, a federal judge held in remanding a case Feb. 24 (Richard Cesarin v. Asbestos Corporation Limited, et al., No. 15-6056, N.D. Calif.; 2016 U.S. Dist. LEXIS 22718).
NEW YORK - A federal judge in New York on Feb. 24 granted a shareholder's motion for appointment as lead plaintiff and for the appointment of a law firm as lead counsel in a securities class action lawsuit against a party supplies designer and manufacturer and certain of its executive officers but denied the shareholder's request for a second law firm to be named co-lead counsel (Roy Jones v. Party City Holdco Inc., et al., No. 15-9080, S.D. N.Y.).
WILMINGTON, Del. - Despite the objections of the patent holder plaintiffs in three related infringement lawsuits, a Delaware federal judge on Feb. 23 found that reports and emails sought via discovery subpoenas were not protected under the work product doctrine or common interest privilege, leading him to grant the defendants' motion to compel (Delaware Display Group LLC, et al. v. Lenovo Group Ltd., et al., Nos. 1:13-cv-02108, 1:13-cv-02109 and 1:13-cv-02112, D. Del.; 2016 U.S. Dist. LEXIS 21461).
FRESNO, Calif. - After finding that agricultural workers who assert claims for violation of California's unfair completion law (UCL) and other causes of action lacked standing, a California federal judge on Feb. 23 granted their employer's motion to dismiss a claim related to allegedly unpaid wages (Marcelina Peralta and Rigoberto Monjaraz v. Wonderful Citrus Packing LLC, et al., No. 1:15-cv-00263, E.D. Calif.; 2016 U.S. Dist. LEXIS 22695).
DOUGLAS, Isle of Man - An Isle of Man resource company on Feb. 24 announced that it will commence arbitration in relation to the transfer of interest in a Peruvian mining project if the current owners of the project fail to comply with the terms of a joint venture agreement.
BATON ROUGE, La. - Citing Ogea v. Merritt (130 So. 3d 888, 894-95 ), a Louisiana federal judge on Feb. 24 denied dismissal of a counterclaim that accuses a corporate declaratory judgment plaintiff's manager of being personally liable for common-law trademark infringement, as well as unfair competition under the Lanham Act (Audobon Real Estate Associates LLC v. Audobon Realty LLC, No. 15-115, M.D. La.; 2016 U.S. Dist. LEXIS 22387).
SAN FRANCISCO - An artificial intelligence (AI) company saw its subpoena for documents from a law firm that previously represented it quashed on Feb. 24 by a California federal magistrate judge, who found that the federal fiduciary exception to the attorney-client privilege did not apply (Loop AI Labs Inc. v. Anna Gatti, et al., No. 3:15-cv-00798, N.D. Calif.; 2016 U.S. Dist. LEXIS 22656).
SAN FRANCISCO - After finding that property owners' right to rescind their mortgage under the Truth in Lending Act (TILA) had expired, a California federal judge on Feb. 25 granted a bank's motion to dismiss the case (David Curry, et al. v. Wells Fargo Home Mortgage, No. 16-cv-00013, N.D. Calif.; 2016 U.S. Dist. LEXIS 23357).
RICHMOND, Va. - An oral motion by patent plaintiff Samsung Electronics Co. Ltd. to exclude testimony proposed by a defense expert with regard to Samsung's motive for instituting the lawsuit was sustained during trial in January, and on Feb. 24, a Virginia federal judge explained his decision (Samsung Electronics Co. Ltd. v. NVIDIA Corporation, No. 14-757, E.D. Va.; 2016 U.S. Dist. LEXIS 22799).
SAN FRANCISCO - Relying on an answer from the Oregon Supreme Court, the Ninth Circuit U.S. Court of Appeals on Feb. 23 vacated an order granting summary judgment to an insurer because an original settlement agreement did not extinguish whatever liability the insurer may have to its insured for alleged construction defects (A&T Siding, Inc. v. Capitol Specialty Insurance Corp., No. 12-35180, 9th Cir.; 2016 U.S. App. LEXIS 3140).
NEW YORK - The National Credit Union Administration Board (NCUAB) accepted a $33 million offer of judgment to settle state and federal securities law claims against UBS Securities LLC over its underwriting and sale of residential mortgage-backed securities that UBS sold to two credit unions, according to a notice of acceptance with offer of judgment filed Feb. 25 in a New York federal court (National Credit Union Administration Board v. UBS Securities LLC, No. 13-6731, S.D. N.Y.).
ST. LOUIS - A Minnesota federal judge did not err in deeming right-of-publicity claims levied by three former professional football players preempted by the federal Copyright Act, the Eighth Circuit U.S. Court of Appeals ruled Feb. 26 (John Frederick Dryer, et al. v. The National Football League, No. No. 14-3428, 8th Cir.).
DENVER - A federal judge in Colorado on Feb. 24 denied an insurer's motion for a more definite statement in an insurance breach of contract and bad faith lawsuit, ruling that the insurer had proper information to answer the complaint (John Segura v. Allstate Fire and Casualty Insurance Co., No. 16-0047, D. Colo.; 2016 U.S. Dist. LEXIS 22440).
SAN DIEGO - Plaintiffs in the incretin mimetic multidistrict litigation on Feb. 25 asked a California federal court to re-tax the $683,440 in costs it awarded to four defendants, to consider rescinding the award altogether or to hold it abeyance while the plaintiffs appeal summary judgment for the defendants (In Re: Incretin-Based Therapies Products Liability Litigation, MDL Docket No. 2452, No. 13-md-2452, S.D. Calif.).
ATLANTA - The 11th Circuit U.S. Court of Appeals on Feb. 24 affirmed dismissal of a fired security guard's gender discrimination and retaliation claims against the Seminole Tribe of Florida's casino, holding that the tribe is a federally recognized Indian tribe entitled to sovereign immunity (Stanley Longo v. Seminole Indian Casino-Immokalee, No. 15-12460, 11th Cir.; 2016 U.S. App. LEXIS 3160).