NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on March 27 upheld a trial court's ruling finding that marine superintendents suing for overtime did not fall within the Fair Labor Standards Act (FLSA) administrative exemption but that the highly compensated employee exemption applied to one of the superintendents and that all the plaintiffs' claims were subject to the FLSA's two-year statute of limitations (Vasilios Zannikos, et al. v. Oil Inspections [U.S.A.], Incorporated, et al., No. 14-20253, 5th Cir.; 2015 U.S. App. LEXIS 4986).
CHARLESTON, W.Va. - Lack of an asbestosis diagnosis dooms a widow's workers' compensation lung cancer claim, the West Virginia Supreme Court of Appeals held March 27 (Stella Watkins, widow of Clay Watkins Jr. v. Century Aluminum of West Virginia Inc., No. 14-0390, W.Va. App.; 2015 W.Va. LEXIS 225).
LOS ANGELES - Even a railway's admittedly continuous and substantial contacts with the state fall short of the standard for forum, a California appeals court held in granting a petition to vacate a forum ruling in a Kansas woman's asbestos action (BNSF Railway Co. v. Superior Court for the County of Los Angeles, Vicki L. Kralovetz, et al., No. B260798, Calif. App., 2nd Dist., Div. 4; 2015 Cal. App. LEXIS 265).
SEATTLE - Finding no error in a trial court's jury instructions or discovery ruling, a Ninth Circuit U.S. Court of Appeals on March 27 affirmed its judgment in favor of an Internet movie website on an actress' breach of contract claim against it (Huong Hoang v. IMDb.com, No. 13-35390, 9th Cir.; 2015 U.S. App. LEXIS 5001).
NEW BRUNSWICK, N.J. - A judge properly admitted evidence of asbestos contamination and testimony regarding exposure in a talc case resulting in a $1.6 million award, a New Jersey appeals court held March 27 (Steven Kaenzig v. Charles B. Chrystal Inc., et al., No. A-2512-13T3, N.J. Super., App. Div.).
CAMDEN, N.J. - A federal judge in New Jersey on March 30 awarded default judgment to Cyprus Mines Corp. after finding that the plaintiff company was entitled to recover under the Comprehensive Environmental Response, Compensation, and Liability Act costs the company incurred in remediating a site in Winslow Township, N.J. (Cyprus Mines Corporation v. M&R Industries Inc., et al., No. 14-04590, D. N.J.; 2015 U.S. Dist. LEXIS 40180).
DALLAS - A Texas federal judge on March 30 granted a mortgage company's motion for summary judgment, finding that a borrower's claims for quiet title and declaratory judgment failed (Edward Baxter v. Citimortgage Inc., No. 3:14-CV-1311, N.D. Texas; 2015 U.S. Dist. LEXIS 40075).
LAKELAND, Fla. - Finding that there is a material issue of fact as to the proper method of subsurface repair in a sinkhole coverage dispute, a Florida appeals panel on March 27 partly reversed and remanded a lower court's order granting summary judgment in favor of the insurer (Rosalyn Roker v. Tower Hill Preferred Insurance Co., No. 2D13-5565, Fla. App., 2nd Dist.; 2015 Fla. App. LEXIS 4390).
LAKELAND, Fla. - A Florida appeals panel on March 27 reversed and remanded a lower court's order compelling appraisal in a sinkhole coverage dispute and certified two questions to the Florida Supreme Court (Florida Insurance Guaranty Association Inc. v. Franklin Kirschner, et al., No. 2D13-5467, Fla. App., 2nd Dist.; 2015 Fla. App. LEXIS 4393).
RENO, Nev. - The deaths of four people arising out of carbon monoxide poisoning at an insured motel constitute a single occurrence because carbon monoxide was the only cause of the deaths even though multiple factors contributed to the lethal amount of carbon monoxide released into the motel, a Nevada federal judge said March 27 (Century Surety Company v. Casino West, Inc., No. 07-636, D. Nev.; 2015 U.S. Dist. LEXIS 39482).
MONTGOMERY, Ala. - In a 5-4 ruling, the Alabama Supreme Court on March 27 upheld a $3.3 million jury verdict in a suit brought by a woman who was injured in an accident while driving an off-road vehicle (Jacklyn McMahon, et al. v. Yamaha Motor Corporation U.S.A., et al., No. 1121542, Ala. Sup.; 2015 Ala. LEXIS 40).
CINCINNATI - A satellite dish installer who claims that he was improperly classified as an independent contractor may proceed with his wage claims, a split Sixth Circuit U.S. Court of Appeals ruled March 26 (Michael Keller v. Miri Microsystems LLC, No. 14-1430, 6th Cir.; 2015 U.S. App. LEXIS 4887).
WASHINGTON, D.C. - When facing allegations of induced patent infringement, a good faith belief that the asserted patent is invalid is an available and appropriate defense, an attorney told the U.S. Supreme Court on March 31 (Commil USA LLC v. Cisco Systems Inc., No. 13-896, U.S. Sup.).
WASHINGTON, D.C. - The continued viability of a 1964 precedent that bans inventors from receiving royalties after their patents expire was debated March 31 before the U.S. Supreme Court (Stephen Kimble, et al. v. Marvel Enterprises Inc., No. 13-720, U.S. Sup.).
SILVER SPRING, Md. - The Food and Drug Administration on March 31 ordered a black box warning added to the label of the anemia drug Feraheme due to "serious, potentially fatal allergic reactions."
NEW YORK - An insurer told a federal court in New York on March 27 that a recent decision in a Pennsylvania court supports the insurer's motion for review of the federal court's earlier decision in favor of a reinsurer (Global Reinsurance Corporation of America v. Century Indemnity Company, No. 13-cv-06577, S.D. N.Y.).
OKLAHOMA CITY - A federal judge in Oklahoma on March 30 ruled that a group of residents had established their case that a zinc smelter that ceased operation in 1972 was still contaminating local groundwater with numerous toxins (Helen Briggs, et al. v. Freeport McMoran Copper & Gold Inc., No. 13-1157, W.D. Okla.; 2015 U.S. Dist. LEXIS 40212).
WASHINGTON, D.C. - The U.S. District Court for the District of Columbia on March 27 entered a default ruling against the Bolivarian Republic of Venezuela in a case filed by a Canadian gold mining corporation that seeks to confirm a $740.3 million arbitration award in its favor, after Venezuela failed to appear in the proceedings (Gold Reserve Inc. v. Bolivarian Republic of Venezuela, No. 1:14-cv-2014, D. D.C.).