DETROIT - Two defendants won summary judgment on allegations of copyright infringement Feb. 23 when a Michigan federal judge agreed that they were granted an implied, nonexclusive license to use a plaintiff's software code (Vasudeva Mahavisno v. Compendia Bioscience Inc., et al., No. 13-12207, E.D. Mich.; 2016 U.S. Dist. LEXIS 21588).
NEW YORK - Chapter 11 debtor Rapid-American Corp. and the three insurers that have not settled their coverage disputes with the debtor on Feb. 22 agreed to a briefing schedule and hearing date for Rapid-American's motions for summary judgment on the insurers' obligation to pay for asbestos personal injury claims (Rapid-American Corporation, et al. v. Travelers Casualty and Surety Company, et al., No. 15-01095, S.D. N.Y. Bkcy.).
COLUMBUS, Ohio - E. I. du Pont de Nemours and Co., which was sued by Ohio residents who allege that the company is liable for personal injuries from exposure to perfluorooctanoic acid (known as C8), on Feb. 23 filed a brief in Ohio federal court arguing that one particular plaintiff cannot show that the company is liable for his cancer and, therefore, those claims should be dismissed (In re E.I. du Pont de Nemours and Co. C-8 Personal Injury Litigation, MDL No. 2433, No. 13-2433, S.D. Ohio).
NEW YORK - The New York federal judge overseeing the Mirena intrauterine device (IUD) multidistrict litigation on Feb. 23 ordered plaintiffs' counsel in three cases to certify that they are complying with the court's order on ex parte communications with treating physicians but denied defendant Bayer HealthCare Pharmaceuticals Inc.'s request for certifications from counsel in all other deposition pool cases (In Re: Mirena IUD Products Liability Litigation, MDL Docket No. 2434, S.D. N.Y.).
ANN ARBOR, Mich. - A federal judge in Michigan on Feb. 22 granted State Farm Mutual Automobile Insurance Co.'s motion to dismiss counterclaims asserted by defendants accused of submitting fraudulent bills, ruling that they failed to sufficiently state claims that the insurer was engaged in a scheme to fraudulently deny and delay payments on the claims (State Farm Mutual Automobile Insurance Company v. Louis Radden, D.O., et al., No. 14-cv-13299, E.D. Mich.; 2016 U.S. Dist. LEXIS 20717).
SOUTH BEND, Ind. - A federal judge in Indiana on Feb. 19 awarded summary judgment to a defendant company in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) lawsuit, holding that the plaintiff corporation was unable to show that the defendant contributed to contamination at the site and that the plaintiff failed to successfully challenge the defendant company's 2012 filing of a certificate of cancellation in Delaware (Anthony Wayne Corporation v. Elco Fastening Systems LLC, et al., No. 13CV1406-PPS, N.D. Ind.; 2016 U.S. Dist. LEXIS 20243).
PITTSBURGH - While a professor may testify as to the installation and removal of a trash conveyor and whether the conveyor had moved, he may not testify as to the necessity and value of the conveyor, a Pennsylvania federal judge ruled Feb. 22, granting and denying in part a motion to exclude testimony in a defective design lawsuit against manufacturers of the conveyor (Brandi L. McKenzie v. Dematic Corp., et al., No. 12-250, W.D. Pa.; 2016 U.S. Dist. LEXIS 21256).
KANSAS CITY, Mo. - A Missouri Court of Appeals panel on Feb. 23 affirmed a trial court's ruling that a homeowner's lawsuit was barred by the doctrine of res judicata, holding that he failed to present any evidence that a second lawsuit he filed against the home builder did not arise out of the same transaction or occurrence (H. David Roy v MBW Construction Inc., et al., No. WD78673, Mo. App., Western Dist., Div. 3; 2016 Mo. App. LEXIS 167).
PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on Feb. 19 reversed a decision that found alleged misrepresentations about video game packaging were not actionable under California's unfair competition law (UCL) or the False Advertising Act (FAL), reversing and remanding the case so that the claimants can amend their complaint (Bruce McMahon, et al. v. Take-two Interactive Software, Inc., No. 14-55296, 9th Cir.; 2016 U.S. App. LEXIS 2987).
NEW YORK - Registering to do business and appointing an agent as required by Connecticut statute falls short of creating general jurisdiction, a Second Circuit U.S. Court of Appeals panel held Feb. 18 in affirming dismissal of an asbestos action (Cindy S. Brown, et al. v. Lockheed Martin Corp., et al., No. 14-4083, 2nd Cir.; 2016 U.S. App. LEXIS 2763).
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Feb. 22 affirmed a district court's dismissal of a former property owner's claims related to the foreclosure of his house, finding that nonwaiver provisions applied to this claims (Timothy Martin v. Federal National Mortgage Association, No. 15-41104, 5th Cir.; 2016 U.S. App. LEXIS 3082).
LANSING, Mich. - The Michigan State Board of Canvassers on Feb. 22 approved a petition to recall Gov. Rick Snyder in connection with decisions that preceded the lead contamination in the drinking water of the City of Flint.
PALM BEACH, Fla., - A Florida jury on Feb. 23 found that a woman who sued two tobacco companies claiming that they concealed the dangers of smoking from her was not a member of the Engle class and, therefore, entered a verdict in favor of the defense (Elizabeth Ann Smith, et al. v. R.J. Reynolds Tobacco Co., No. 2007-CA-023930, Fla. Cir., 15th Jud. Cir., Palm Beach Co.).
WASHINGTON, D.C. - The "objective/subjective" test for enhanced patent damages - already rejected in the attorney fee context - came under fire Feb. 23 at the U.S. Supreme Court in one hour of consolidated argument covering two cases (Stryker Corp., et al. v. Zimmer Inc. and Zimmer Surgical, No. 14-1520; Halo Electronics Inc. v. Pulse Electronics Inc. and Pulse Electronics Corp., No. 14-1513, U.S. Sup.).
ST. LOUIS - A jury in Missouri on Feb. 22 awarded the family of a woman who died from ovarian cancer $72 million in a lawsuit against Johnson & Johnson, finding that it was liable for her death as a result of her use of talc-containing products made by the company (Tiffany Hogans, et al. v. Johnson & Johnson, et al., No. 1422-CC-09012, Mo. Cir., St. Louis City, 22nd Jud. Dist.).
BOSTON - The U.S. Supreme Court's holding in Federal Trade Commission v. Actavis, Inc. (133 S.Ct. 2233 ) is not limited to patent infringement settlement agreements that involve only reverse payments in pure cash form, the First Circuit U.S. Court of Appeals ruled Feb. 22, vacating and remanding a dispute over generic Loestrin 24 FE (In re: Loestrin 24 FE Antitrust Litigation, Nos. 14-2071, 15-1250, 1st Cir.; 2016 U.S. App. LEXIS 3049).
NEW YORK - Amtrak on Feb. 18 responded to its insurers' opposition to its appeal for the Second Circuit U.S. Court of Appeals to reverse a lower court's ruling that limited it to no more than $125 million in insurance coverage for what it alleges is more than $1 billion in estimated Superstorm Sandy damage (National Railroad Passenger Corp. v. Arch Specialty Insurance Co., et al., No. 15-2358, 2nd Cir.).
NEWARK, N.J. - A federal magistrate judge in New Jersey on Feb. 22 transferred a lawsuit involving allegedly defective mortar repair made by Strongwall Industries Inc. to the U.S. District Court for the Southern District of New York, finding that the events giving rise to the lawsuit occurred in Manhattan (Central Construction Management LLC v. Strongwall Industries Inc., et al., No. 15-7342, D. N.J.; 2016 U.S. Dist. LEXIS 20771).
SAN FRANCISCO - Asserting that Uber Technologies Inc. is using the discovery process in a lawsuit over a 2014 breach of its database to obtain proprietary and confidential information, Uber's competitor Lyft Inc. on Feb. 19 moved for a protective order in California federal court to prevent Uber from pursuing further discovery demands from a Lyft employee (Sasha Antman v. Uber Technologies Inc., et al., No. 3:15-cv-01175, N.D. Calif.).
NEW YORK - A judge for the U.S. Court of International Trade on Feb. 18 granted the federal government's motion to stay a number of cases against an insurer in liquidation, where the government seeks allegedly unpaid supplemental antidumping duties covered by bonds issued by the insolvent insurer (United States v. Lincoln General Insurance Company, Nos. 13-cv-00084, 13-cv-00085, 13-cv-00086, 13-cv-00087, 13-cv-00088, 13-cv-00089, 13-cv-00090, 13-cv-00091 and 13-cv-00092, U.S. Internat. Trade).
PENDLETON, Ore. - Insureds have provided sufficient evidence showing that their homeowners insurance provider acted in bad faith in investigating their claims made after a fire damaged their home and personal property, a federal judge in Oregon ruled Feb. 19 in denying the insurer's motion for judgment as a matter of law or, in the alternative, for a new trial (Travis and Michelle Vail v. Country Mutual Insurance Co., No. 13-2029, D. Ore.; 2016 U.S. Dist. LEXIS 20140).
PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Feb. 19 affirmed a district court's ruling that a proposed class's claims for violation of the Real Estate Settlement Procedures Act (RESPA) were time-barred, finding that the plaintiffs were not entitled to equitable tolling (Judith Cuningham, et al. v. M&T Bank Corp., et al., No. 15-1412, 3rd Cir.; 2016 U.S. App. LEXIS 2851).
NEW YORK - A federal judge in New York on Feb. 19 approved a $1.7 million settlement between the New Jersey Department of Environmental Protection (NJDEP) and Duke Energy Merchants LLC (DEM), one of the defendants in a lawsuit seeking damages for groundwater contamination from methyl tertiary butyl ether (MTBE) (In Re: Methyl Tertiary Butyl Ether Products Liability Litigation, No. 00-1898, MDL 1358, New Jersey Department of Environmental Protection v. Atlantic Richfield Company, No. 08-0312, S.D. N.Y.; 2016 U.S. Dist. LEXIS 21263).
McALLEN, Texas - A federal judge in Texas on Feb. 22 granted an insurer's motion for summary judgment in an insurance breach of contract and bad faith lawsuit, ruling that insureds have failed to raise an issue of material fact with regard to their breach of contract claim and thus cannot state a claim for relief with regard to their extracontractual claims (Mark Dizdar, et al. v. State Farm Lloyds, et al., No. 14-664, S.D. Texas; 2016 U.S. Dist. LEXIS 20871).