SAN FRANCISCO - Allegations that the Internet Corporation for Assigned Names and Numbers (ICANN) violates the Sherman Act by monopolizing the market for top-level domains (TLDs) like ".com" and ".net" were properly dismissed, the Ninth Circuit U.S. Court of Appeals ruled July 31 (name.space Inc. v. Internet Corporation for Assigned Names and Numbers, No. 13-55553, 9th Cir.; 2015 U.S. App. LEXIS 13360).
INDIANAPOLIS - The Indiana Supreme Court on July 29 slightly modified its April 22 opinion that reversed a lower court and found that certain alleged wrongful acts by a self-insured managed health organization are covered under a number of reinsurance agreements (WellPoint Inc. [f/k/a Anthem, Inc.], et al. v. National Union Fire Insurance Company of Pittsburgh PA, et al., No. 49S05-1404-PL-244, Ind. Sup.; 2015 Ind. LEXIS 666).
ATLANTA - The Third Division Georgia Court of Appeals on July 30 denied an insurer's motion for reconsideration, reiterating its conclusion that "damage to property" exclusions do not preclude coverage for claims of an insured's alleged negligent installation of air conditioning ductwork, but that the policy's fungi exclusion does preclude the ensuing mold damage (Michael Dolan, et al. v. Auto Owners Insurance Co., No. A15A0384, Ga. App., 3rd Div.; 2015 Ga. App. LEXIS 499).
NEW ORLEANS - Three environmental groups can pursue claims under the Resource Conservation and Recovery Act (RCRA) against a company accused of illegally discharging oil into the Gulf of Mexico, a federal judge in Louisiana ruled July 29, finding that the claim is not duplicative of the groups' allegation that the company also violated the Clean Water Act (CWA) (Apalachicola Riverkeeper v. Taylor Energy Company LLC, No. 12-337, E.D. La.; 2015 U.S. Dist. LEXIS 99680).
NEW YORK - New York City sanitation workers who filed a class complaint alleging discriminatory promotion practices failed to present sufficient statistical evidence and exhaust their administrative remedies, the Second Circuit U.S. Court of Appeals ruled July 31 (Andrenia Burgis, et al. v. New York City Department of Sanitation, et al., No. 14-1640, 2nd Cir.; 2015 U.S. App. LEXIS 13353).
TALLAHASSEE, Fla - An amendment to the Florida interest-rate statute is applicable to a judgment existing at the time of its passage, including an Engle-progeny case that resulted in an award of more than $25 million, R.J. Reynolds Tobacco Co. argues in a brief filed July 31 with the Florida Supreme Court (Lyantie Townsend, etc. v. R.J. Reynolds Tobacco Co., No. SC15-722, Fla. Sup.).
DAYTONA BEACH, Fla. - A Florida judge erred in failing to apply the doctrine of comparative fault in the trial of a suit that resulted in a $12.55 million verdict for a smoker with chronic obstructive pulmonary disease (COPD), the Fifth District Court of Appeal ruled July 31 (Philip Morris USA Inc. v. Lauren Green, et al., No. 5D13-3758, Fla. App., 5th Dist.).
OAKLAND, Calif. - A federal judge in California on July 30 denied the plaintiffs' third motion for class certification in a case accusing Del Monte Foods Inc. of violating consumer protection statutes, including the state's unfair competition law (UCL) in its packaging of several tomato and fruit products (Michael Kosta, et al. v. Del Monte Foods Inc., No. 12-1722, N.D. Calif.; 2015 U.S. Dist. LEXIS 99892).
NEWARK, N.J. - A federal judge in New Jersey on July 31 denied a motion to dismiss filed by defendants accused of engaging in a scheme to sell a stranger-originated life insurance (STOLI) policy to third-party investors, finding that the plaintiff company's claims were timely and that the insurer sufficiently pleaded damages as a result of the alleged scheme (Pruco Life Insurance Company v. Denise Binday Koslowsky, et al., No. 14-03976, D. N.J.; 2015 U.S. Dist. LEXIS 100515).
ALBANY, N.Y. - A New York appeals panel on July 30 affirmed a lower court's ruling that a franchise specializing in the sale of cosmetics cannot recover an alleged $183,435 in lost business income and more than $6 million in consequential damages stemming from a sewage flood (Yar-Lo Inc., d/b/a Merle Norman Cosmetics v. Travelers Indemnity Co., et al., No. 519646, N.Y. Sup., App. Div., 3rd Dept.; 2015 N.Y. App. Div. LEXIS 6258).
DENVER - The 10th Circuit U.S. Court of Appeals on July 31 agreed with a Colorado federal judge that a defendant's online statements about a competitor amounted to false advertising under Section 1125(a) of the Lanham Act (General Steel Domestic Sales LLC d/b/a General Steel Corp. v. Ethan Daniel Chumley and Atlantic Building Systems LLC d/b/a Armstrong Steel Corp., Nos. 14-1119 and 14-1121, 10th Cir.; 2015 U.S. App. LEXIS 13356).
SPRINGFIELD, Ill. - A judge erred in excluding evidence attempting to show that a man's disease arose not from a defendant's conduct but from work at a facility tainted with asbestos dust, an Illinois appeals panel held July 30 (James Smith v. Illinois Central Railroad Co., No. 4-14-0703, Ill. App., 4th Dist.; 2015 Ill. App. LEXIS 573).
WASHINGTON, D.C. - A Delaware federal judge's decision to deny Newegg Inc. the attorney fees it incurred in defending patent infringement allegations was reversed and remanded by the Federal Circuit U.S. Court of Appeals on July 31 (Pragmatus Telecom LLC v. Newegg Inc., No. 14-1777, Fed. Cir.).
PASADENA, Calif. - In a lawsuit where both class claims and nonclass claims are being pursued, the amount sought for the nonclass claims may not be added together with the amount sought for class claims to meet the Class Action Fairness Act's (CAFA) amount-in-controversy requirement, the Ninth Circuit U.S. Court of Appeals ruled July 30 (Porfiria Yocupicio, et al. v. PAW Group, LLC, et al., No. 15-55878, 9th Cir.; 2015 U.S. App. LEXIS 13273).
VERO BEACH, Fla. - A state court jury returned a defense verdict on July 30 in a suit alleging that a woman's lung cancer and chronic obstructive pulmonary disease (COPD) were caused by her 50 years of smoking (Fannie Collar v. R.J. Reynolds Tobacco Co., et al., No. 2011CA000115, Fla. Cir., 19th Jud. Dist., Indian River Co.).
MINNEAPOLIS - The National Hockey League (NHL) must produce de-identified medical information about concussive injuries suffered by players, the federal judge overseeing the brain injury multidistrict litigation against the league ruled July 31 (In re: National Hockey League Players Concussion Injury Litigation, MDL No. 14-2551, D. Minn.).
LOS ANGELES - A federal Cymbalta withdrawal trial is set to begin Aug. 4 in California (Claudia Herrera, et al. v. Eli Lilly and Company, No. 2:13-2702, C.D. Calif.).
CINCINNATI - A Sixth Circuit U.S. Court of Appeals panel on July 30 affirmed a federal judge in Ohio's ruling finding that Lockheed Martin Corp. is not required pay $2 million to Goodyear Tire and Rubber Co. for litigation costs incurred in a previous Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) contamination cleanup suit, ruling that the judge did not err in finding that polychlorinated biphenyl contamination at the site at issue occurred while Goodyear conducted operations there (Goodyear Tire and Rubber Company v. Lockheed Martin Corporation, No. 14-4078, 6th Cir.; 2015 U.S. App. LEXIS 13448).
ATLANTA - A Georgia appeals court on July 31 denied reconsideration, leaving stand its decision that a pipe maker's duty to household members is irrelevant the question of whether it negligently designed its asbestos-containing pipe (Fletcher v. Water Applications JE-025 Distribution Group Inc., et al., No. A15A0527, Ga. App.; 2015 Ga. App. LEXIS 501).
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on July 30 upheld an award of more than $23 million in an insured's favor for pollution cleanup costs incurred as a result of an oil spill in the wake of Hurricane Katrina on the basis that the District Court did not err in setting the accrual date for the penalty interest award (Cox Operating LLC v. St. Paul Surplus Lines Insurance Co., No. 13-20509, 5th Cir.; 2015 U.S. App. LEXIS 13318).
ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on July 31 held that a medical clinic insured's expenditures for MRI repair and relocation and repair of other specialty equipment are "extra expenses" under its insurance policy, affirming a lower court's ruling in favor of the insured in a coverage dispute arising from tornado damage (Midwest Regional Allergy, Asthma, Arthritis & Osteoporosis Center, P.C., et al. v. The Cincinnati Insurance Co., No. 14-3026, 8th Cir.; 2015 U.S. App. LEXIS 13430).
NEW YORK - A magistrate judge in a federal court in New York on July 30 granted an insurer's motion to enjoin an arbitration, holding that the arbitration demand of a group of reinsurers was in direct contravention of the Federal Arbitration Act (FAA) (Arrowood Indemnity Co. v. Equitas Insurance Limited, et al., No. 13-cv-07680, S.D. N.Y.; 2015 U.S. Dist. LEXIS 99787).
SANTA ANA, Calif. - A California federal judge on July 29 partly denied a university's motion to dismiss wiretap and privacy class claims against it related to campus police officers' assertions that their conversations were covertly recorded (Federated University Police Officers' Association, et al. v. The Regents of the University of California, et al., No. 8:15-cv-00137, C.D. Calif.; 2015 U.S. Dist. LEXIS 99147).
JACKSON, Miss. - A Mississippi Supreme Court panel on July 30 upheld a trial court judge's decisions to award summary judgment to the developer, architect, structural engineer and contractors who repaired the Inn by the Sea (IBTS) condominiums following Hurricane Katrina and exclude the expert testimony proffered by a plaintiff homeowners association, ruling that the judge properly found that the estimates were not based on reliable information (Inn by the Sea Homeowner's Association Inc. v. SeaInn LLC, et al., No. 2013-CA-02013-SCT, Miss. Sup.; 2015 Miss. LEXIS 379).