WASHINGTON, D.C. - The U.S. government on Oct. 30 filed a motion for the U.S. Court of Federal Claims to certify for interlocutory appeal its May 1 ruling that held the U.S. Army Corps of Engineers' construction, expansions, operation and failure to maintain a 77-mile-long navigational channel caused subsequent storm surge that was exacerbated during Hurricane Katrina and other storms and caused flooding on property that effected a temporary taking under the U.S. Constitution's Fifth Amendment (St. Bernard Parish Government v. The United States, No. 05-1119, Fed. Clms.).
SAN FRANCISCO - In a patent infringement lawsuit against Apple Inc., a California federal magistrate judge on Nov. 2 declined a request to exclude design alternatives referenced in an expert's report in support of Apple's assertion of noninfringement by its products (Aylus Networks, Inc. v. Apple Inc., No. 13-04700, N.D. Calif.; 2015 U.S. Dist. LEXIS 148409).
LAKELAND, Fla. - A Florida appeals panel on Oct. 30 affirmed a lower court's final judgment entered in favor of insureds in a sinkhole coverage dispute, further affirming its denial of the insureds request for $75,918.06 in prejudgment interest (Citizens Property Insurance Corp. v. German Alvarez, et al., No. 2D13-5125, Fla. App., 2nd Dist.; 2015 Fla. App. LEXIS 16136).
CHICAGO - In a breach-of-agreement lawsuit, an Illinois federal judge on Nov. 1 excluded testimony regarding a clean-room design, the termination of the supply agreement and the disclosure of trade secrets to third parties (Miller UK Ltd. and Miller International Ltd. v. Caterpillar, Inc., No. 10-03770, N.D. Ill.; 2015 U.S. Dist. LEXIS 147843).
SAN ANTONIO - Remand of an insurance bad faith lawsuit to state court is proper because an insured has shown that an insurer's claims adjuster was proper joined in the lawsuit, a federal judge in Texas ruled in an opinion made available Nov. 2 (Spar Enterprises LP, d/b/a Hampton Inn Hotel, v. The Cincinnati Insurance Co., et al., No. 15-0661, W.D. Texas; 2015 U.S. Dist. LEXIS 147814).
BENTON, Ill. - After denying several motions to exclude testimony, an Illinois federal judge on Nov. 3 granted a request to certify a statutory consumer fraud class in a lawsuit against the manufacturers of single-serve coffee cups (Linda Suchanek, et al. v. Sturm Foods, Inc. and Treehouse Foods, Inc., No. 11-565, S.D. Ill.; 2015 U.S. Dist. LEXIS 148729).
WASHINGTON, D.C. - A District of Columbia federal judge on Nov. 3 granted an application filed by the Republic of Guinea to stay a petition to enforce an international arbitration award for 38.5 million euros issued in favor of a company hired to develop a Guinea port, pending the outcome of an application in a foreign court to annul the award (In the matter of the Arbitration of Certain Controversies Between Getma International and The Republic of Guinea, No. 14-1616, D. D.C.; 2015 U.S. Dist. LEXIS 148482).
WASHINGTON, D.C. - The U.S. Supreme Court on Nov. 2 declined to review a Second Circuit U.S. Court of Appeals ruling upholding the dismissal of a securities class action lawsuit (Boca Raton Firefighters and Police Pension Fund v. Robert J. Bahash, et al., No. 15-88, U.S. Sup.).
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Nov. 3 dismissed all of an investor's claims asserted against the Sultanate of Oman, finding that Oman did not expropriate his investment in a limestone quarry operation (Adel A. Hamadi Al Tamimi v. Sultanate of Oman, No. ARB/11/33, ICSID).
CHICAGO - While it creates a harsh outcome, Illinois law forecloses on a tort remedy for a man whose mesothelioma arose outside the state's 25-year limit on workers' compensation claims, the majority of the Illinois Supreme Court held Nov. 4 (Ellen Folta, et al. v. Ferro Engineering, a division of ON Marine Services Co., No. 118070, Ill. Sup.).
MASON, Mich. - A Michigan judge on Oct. 29 ordered an insurer into rehabilitation, finding that the insurer's financial condition is hazardous to policyholders (Patrick McPharlin, Director of the Department of Insurance and Financial Services v. Affirmative Insurance Company of Michigan, No. 15-898-CR, Mich. Cir., Ingham Co.).
WASHINGTON, D.C. - Shareholders and Bank of America Corp. (BoA) have agreed to a $335 million settlement in a securities class action lawsuit alleging that BoA and certain executive officers and directors issued misrepresentations in connection with the sale of mortgage-backed securities (MBS) in violation of federal securities laws, according to documents filed Oct. 30 with the Securities and Exchange Commission (Pennsylvania Public School Employees' Retirement System v. Bank of America Corp., et al., No. 11-733, S.D. N.Y.).
SAN DIEGO - A for-profit post-secondary education company and certain of its officers and directors have agreed to pay more than $15 million to settle claims that they misrepresented the accreditation status of one of the company's colleges in violation of federal securities laws, according to court documents filed in a California federal court on Oct. 30 (In re Bridgepoint Education Inc. Securities Litigation, No. 12-1737, S.D. Calif.).
BOSTON - A Massachusetts appeals panel on Nov. 2 affirmed a lower court's ruling that an insurance policy's faulty workmanship exclusion bars coverage for an insured's losses arising from the failed production of 40 million bottles of a milk-based specialty drink (H.P. Hood LLC v. Allianz Global Risks US Insurance Co., No. 14-P-1605, Mass. App.; 2015 Mass. App. LEXIS 175).
BROOKLYN, N.Y. - The same day that a New York federal judge directed the U.S. government to explain its continued need to have a criminal defendant's smartphone unlocked by Apple Inc. in light of his recent guilty plea, the U.S. Department of Justice on Oct. 30 filed a letter stating that the "matter remains ongoing until sentencing and judgment is entered in the" underlying case and, thus, its quest for potential evidence on the phone is not moot (In re Order Requiring Apple Inc. to Assist in the Execution of a Search Warrant Issued by This Court, No. 1:15-mc-01902, E.D. N.Y.).
WASHINGTON, D.C. - The U.S. Supreme Court on Nov. 2 heard oral arguments in a dispute over what constitutes sufficient injury to support a claim under the Fair Credit Reporting Act (FCRA), pertaining to a class complaint over a data aggregator's purportedly inaccurate online publication of a plaintiff's personal information (Spokeo, Inc. v. Thomas Robins, et al., No. 13-1339, U.S. Sup.).
MADISON, Wis. - A Wisconsin federal judge on Nov. 2 denied summary judgment to insurers on their declaratory judgment claim seeking a declaration of no duty to defend or indemnify a proposed class action lawsuit against a window company for alleged defects in windows (Mary Haley, et al. v. Kolbe & Kolbe Millwork Co. Inc., Fireman's Fund Insurance Co. and United States Fire Insurance Co., No. 14-99, W.D. Wis.; 2015 U.S. Dist. LEXIS 148023).
SAN JOSE, Calif. - Judgment on the pleadings in an insurance bad faith lawsuit is proper because the plaintiff failed to show that she has a valid claim under California law, a federal judge in California ruled Oct. 29 (Celia Stauty Luis v. Metropolitan Life Insurance Co., No. 14-4436, N.D. Calif.; 2015 U.S. Dist. LEXIS 147747).
EAST ST. LOUIS, Ill. - A federal jury in Illinois hearing an asbestosis case involving exposures in the U.S. Navy found for lone remaining defendant John Crane Inc. on Oct. 29 (Andrew V. Kochera v. General Electric Co., et al., No. 14-29, S.D. Ill.; 2015 U.S. Dist. LEXIS 125726).
LONDON - The London Court of International Arbitration (LCIA) on Nov. 3 released its findings on the average cost and duration of its arbitrations.
CHEYENNE, Wyo. - Because punitive damage awards are excluded from coverage, the insurers' refusal to pay punitive damages in connection with an underlying carbon monoxide poisoning claim was not unreasonable, the insurers argue in their Oct. 30 opposition to an insured's motion for summary judgment filed in Wyoming federal court (Interstate Fire & Casualty Co. and Fireman's Fund Insurance Co. v. Apartment Management Consultants LLC, et al., No. 13-00278, D. Wyo.).
WARREN, Ohio - An Ohio appeals panel on Nov. 2 dismissed an appeal filed by a subsequent owner of a parcel of land involved in a Clean Water Act (CWA) lawsuit brought by the State of Ohio on behalf of its Environmental Protection Agency, finding that an order awarding summary judgment to the owner's co-defendants on their cross-claims was not final even though the document stated that it was (State of Ohio, ex rel. Michael DeWine, Ohio Attorney General v. RAAW LLC, et al., No. 2015-T-0046, Ohio App., 11th Dist.; 2015 Ohio App. LEXIS 4422).
CORPUS CHRISTI, Texas - After finding that a borrower sued a bank more than 60 days after her proof of claim related to the alleged mishandling of her mortgage was denied by the Federal Deposit Insurance Corp. (FDIC), a Texas federal judge on Oct. 30 found that the court lacked jurisdiction under the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA) (Helen Bottis v. First National Bank, No. 2:14-CV-491, S.D. Texas; 2015 U.S. Dist. LEXIS 147816).