MILWAUKEE - A trial court did not err in excluding testimony because the expert did not issue an opinion on a man's employability following "brain trauma," a Wisconsin appeals panel ruled Sept. 1, upholding a man's conviction on six counts of failure to pay child support (State of Wisconsin v. Bradley Wayne Phillips, No. 2014AP2519-CR, Wis. App., Dist. 1; 2015 Wisc. App. LEXIS 649).
LOS ANGELES - A California federal judge on Aug. 28 denied a motion for class certification in a suit alleging that administrative and management fees charged by a retirement plan provider are excessive because the requirement of predominance is not satisfied as there are numerous individual questions that would have to be answered based on a plan-by-plan analysis (Jaclyn Santomenno et al. V. Transamerica Life Insurance Co. et al., No. 12-02782, C.D. Calif.; 2015 U.S. Dist. LEXIS 114829).
CHICAGO - An Illinois federal judge on Aug. 28 denied a summary judgment motion brought by the lead plaintiff in a suit over a clothing retailer's voiding of promotional gift cards after finding that the plaintiff's legal theory on which she based her breach of contract claim is fatally flawed (GS Tiffany Boundas, et al. v. Abercrombie & Fitch Stores, Inc., No. 10-4866, N.D. Ill.; 2015 U.S. Dist. LEXIS 114535).
BENTON, Ill. - A man produces adequate evidence of work with a defendant's product and sufficient evidence that it required asbestos-containing components, a judge said Aug. 28. In a separate ruling, the judge rejected challenges to plaintiff's expert, finding the expert qualified and rejecting the argument that he would testify that "every exposure" to asbestos led to disease (Gerald D. McAlvey v. Atlas Copco Compressors LLC, et al., No. 14-64, S.D. Ill.; 2015 U.S. Dist. LEXIS 114618, 2015 U.S. Dist. LEXIS 114620).
CLEVELAND - An Ohio federal judge on Aug. 28 denied a motion to dismiss after determining that a retirement plan participant sufficiently alleged claims for breach of fiduciary duty under the Employee Retirement Income Security Act (Nancy Murray v. Invacare Corp. et al., No. 13-1882, N.D. Ohio; 2015 U.S. Dist. LEXIS 114657).
CHICAGO - A doctor's opinions rest on a reliable methodology, and his opinions create genuine disputes of material fact in a products liability lawsuit against Zimmer Inc. over alleged manufacturer defects in a replacement hip, an Illinois federal judge ruled Aug. 31 (Pamela M. Ballard v. Zimmer, Inc., No. 11-6786, N.D. Ill.; 2015 U.S. Dist. LEXIS 115632).
CHICAGO - An Illinois federal judge on Sept. 1 struck a doctor's testimony on his causation opinion concerning a formerly incarcerated man's mental health status during his detention in solitary confinement; however, the judge allowed the doctor to testify on the standard of care provided by the detention center's doctors (Matthew Nolan v. United States of America, No. 12-0247, N.D. Ill.; 2015 U.S. Dist. LEXIS 115807).
CINCINNATI - A plan beneficiary seeking coverage under an accidental death or dismemberment plan suffered a "permanent" loss because pursuant to the plan's language, a foot injury that lasted more than 12 consecutive months was permanent, the majority of the Sixth Circuit U.S. Court of Appeals said Aug. 28 (Steve Stockman v. GE Life Disability and Medical Plan et al., No. 13-4450, 6th Cir.; 2015 U.S. App. LEXIS 15305).
CHICAGO - A federal district court erred in granting summary judgment in an insurance bad faith lawsuit because genuine issues of material fact existed as to whether a company had properly pleaded its breach of contract and bad faith claims, a Seventh Circuit U.S. Court of Appeals panel ruled Aug. 31 (Life Plans Inc. v. Security Life of Denver Insurance Co., No. 14-1437, 7th Cir.; 2015 U.S. App. LEXIS 15424).
CHICAGO - A district court correctly certified a class of bankers employed by PNC Bank who allege that time they spent working outside of their normal business hours went uncompensated, the Seventh Circuit U.S. Court of Appeals ruled Aug. 31 (Mariseli Gomez Bell v. PNC Bank, National Association, No. 14-3018, 7th Cir.; 2015 U.S. App. LEXIS 15403).
BOSTON - The First Circuit U.S. Court of Appeals on Sept. 1 affirmed a bankruptcy court's order granting judgment in favor of lenders in relation to the foreclosure of a property, finding that the debtor's Truth in Lending Act (TILA) claims were time-barred and that she could not allege a claim for rescission in recoupment under Massachusetts law (In re Laura Sheedy v. Deutsche Bank National Trust Company, et al., No. 14-1246, 1st Cir.; 2015 U.S. App. LEXIS 15460).
NEW YORK - After finding that two subsidiaries of a Venezuelan oil company failed to present sufficient evidence as to why an international arbitration award issued in relation to a joint venture that governed oil refining operations should be vacated, a New York federal judge on Sept. 1 granted a cross-petition filed by ConocoPhillips Co. to confirm the award in its favor (PDV Sweeny, Inc., et al. v. ConocoPhillips Co., et al., No. 14-cv-5183, S.D. N.Y.; 2015 U.S. Dist. LEXIS 116175).
ALEXANDRIA, Va. - After deliberating for 2-1/2 hours, a Virginia federal jury on Sept. 1 returned a defense verdict in a two-plaintiff Cymbalta withdrawal trial, finding that defendant Eli Lilly and Co. did not fail to provide an adequate warning to either prescribing plaintiff's physician (Gilda Hagan-Brown v. Eli Lilly and Company, No. 14-1614, E.D. Va., Alexandria Div.).
NEW YORK - A Second Circuit U.S. Court of Appeals panel on Aug. 28 affirmed in part, vacated in part and remanded a pair of New York federal court rulings in a securities class action lawsuit, ruling that the district court erred in determining that the lead plaintiff failed to properly plead scienter against a company and its former CEO (Acticon AG v. China North East Petroleum Holdings Ltd., et al., No. 15-172, 2nd Cir.; 2015 U.S. App. LEXIS 15187).
ATLANTA - A Georgia federal judge overseeing the Wright Conserve hip implant multidistrict litigation on Aug. 31 granted summary judgment on one claim in the first bellwether case but otherwise preserved plaintiff Robyn Christiansen's other claims of action (In Re: Wright Medical Technology Inc. Conserve Hip Implant Products Liability Litigation, MDL Docket No. 2329, No. 12-md-2329, Robyn Christiansen v. Wright Medical Technology Incorporated, et al., MDL Docket No. 2329, No. 13-297, N.D. Ga., Atlanta Div.; 2015 U.S. Dist. LEXIS 115601).
BENTON, Ill. - A medical doctor's certifications and experience qualify him to testify as an expert, and his testimony accounts for levels of exposure and thus goes beyond "every exposure" testimony, a federal judge in Illinois held Aug. 31 (Mrs. Sharon Bell, executor of the estate of Mr. Richard Bell v. ABB Group Inc., et al., No. 13-1338, S.D. Ill.; 2015 U.S. Dist. LEXIS 115341).
SAN FRANCISCO - A California court on Aug. 31 affirmed a trial court's dismissal of a case filed by a property owner against a home warranty corporation, finding that she lacked standing to assert a claim for violation for California's unfair competition law (UCL) because she suffered no monetary or property damages (Alice J. Benham v. First America Home Buyers Protection Corp., et al., No. 141034, Calif. App., 1st Dist., Div. 2; 2015 Cal. App. Unpub. LEXIS 6265).
NEW YORK - A group of reinsurers told a federal court in New York on Aug. 28 that they are appealing the court's recent injunction against the continuance of an arbitration proceeding (Arrowood Indemnity Co. v. Equitas Insurance Limited, et al., No. 13-cv-07680, S.D. N.Y.).
CANTON, Ohio - An Ohio federal bankruptcy judge on Aug. 27 found that borrowers failed to show that they were given a loan modification by a lender, granting the lender's motion to dismiss the case for failure to state a claim (In re: Shane Franklin Cultice, et al. v. OCWEN Loan Servicing LLC, No. 15-6013, Bkcy. N.D. Ohio; 2015 Bankr. LEXIS 2860).
NEW YORK - New York's asbestos case management order requires a top-to-bottom re-evaluation but is not so flawed that litigation must be stayed during the process, a New York justice held in an opinion posted Aug. 31 (In re: New York City Asbestos Litigation, All Asbestos Cases., No. 40000/88, N.Y. Sup., New York Co.).
MIAMI - A Florida federal judge on Aug. 31 granted a cruise line's motion to compel arbitration of a worker's injury-related claims, finding that the cruise line believed that it had already resolved his claims and that it did not waive its right to compel arbitration of the dispute (Gary Smith v. NCL Bahamas Ltd., dba Norwegian Cruise Lines, No. 15-22373, S.D. Fla.; 2015 U.S. Dist. LEXIS 115456).
NEW YORK - A New York justice on Aug. 27 approved the liquidator of an insolvent insurer's entry into an agreement with certain states' insurance guaranty associations (In the Matter of the Liquidation of Centennial Insurance Company, No. 402424/10, N.Y. Super., New York Co.).
NEW YORK - A New York justice on Aug. 27 issued an order to show cause why he should not authorize the disbursement of approximately $2 million of an insurer in liquidation's assets to its only creditor and close the liquidation proceeding (In the Matter of UHAB Mutual Insurance Company, No. 452618/2014, N.Y. Sup., New York Co.).