CHICAGO - Failure to disclose a medical diagnosis the previously dismissed case in which it was filed warrants dismissing a subsequent case, a federal judge held in an opinion filed June 1. The judge gave the plaintiff's law firm 10 days to cause why they should not bear costs (Georgia Arendt, et al. v. Owens-Illinois Inc., No. 13-727, E.D. Wis.).
MIAMI - A Florida federal judge on June 1 agreed with two declaratory judgment patent infringement plaintiffs that a defendant's counterclaims of patent infringement fail to demonstrate sufficient intent or knowledge of the patents in suit (Twentieth Century Fox Home Entertainment LLC v. Nissim Corp., No. 14-81349; Paramount Pictures Corp. v. Nissim Corp., No. 14-81350, S.D. Fla.; 2015 U.S. Dist. LEXIS 70467).
MOSCOW - A Canadian energy company on June 2 announced that it will appeal a Russian court's decision to set aside a $118 million arbitration award issued in its favor and against the Kyrgyz Republic.
SAN FRANCISCO - A federal judge in California on May 27 granted plaintiffs' two motions for partial summary judgment in their class action suit accusing a manufacturer of cosmetic products of improperly labeling its products as organic in violation of the state's unfair competition law (UCL), finding that California Organic Products Act (COPA) violations are "predicate unlawful acts" under the UCL and that representations on COPA-violating products are per se "material" under the UCL, that such representations are per se deceptive under the UCL's fraud prong and that material misrepresentations create a "presumption of classwide reliance" under the Consumers Legal Remedies Act (CLRA) (Rosminah Brown, et al. v. The Hain Celestial Group Inc., No. 11-3082, N.D. Calif.; 2015 U.S. Dist. LEXIS 67912).
LOS ANGELES - A federal judge in California on May 27 dismissed claims, including one brought under the state's unfair competition law (UCL), accusing the manufacturer of skin care products of falsely advertising its products anti-aging benefits (Geri Marshall v. PH Beauty Labs Inc., No. 15-2101, C.D. Calif.; 2015 U.S. Dist. LEXIS 68636).
CONCORD, N.H. - No coverage is afforded for the possible contamination of surgical instruments after exposure to a communicable neurological disease because the contamination incident was not a communicable disease event as defined under the policy at issue, a New Hampshire federal judge said June 1 (Catholic Medical Center v. Fireman's Fund Insurance Co., No. 14-180, D. N.H.; 2015 U.S. Dist. LEXIS 70450).
WASHINGTON, D.C. - Property damage resulting from the May 12 derailment of an Amtrak passenger train in Philadelphia is estimated to be in excess of $9.2 million, according to a preliminary report released by the National Traffic Safety Board (NTSB) on June 2 (NTSB Accident ID DCA 15MR010).
NORFOLK, Va. - Efforts by a patent infringement defendant and inequitable conduct counterclaimant to recoup its attorney fees in connection with the litigation were unsuccessful on June 1 (Certusview Technologies LLC v. S&N Locating Services LLC et al., No. 13-346, E.D. Va.).
LAS VEGAS - A request for an indicative ruling that would reconsider his earlier dismissal, on jurisdiction grounds, of a dispute over the "MacPoker" trademark was denied June 1 by a Nevada federal judge (Best Odds Corp. v. iBus Media et al., No. 13-2008, D. Nev.; 2015 U.S. Dist. LEXIS 70509).
BALTIMORE - A Maryland federal judge on June 1 found that most of a borrower's claims for violation of the Real Estate Settlement Procedures Act (RESPA) should be dismissed, but granted her leave to file an amended complaint to add more details about the qualified written requests she allegedly sent to Bank of America Corp. (BOA) (Michelle McCray v. Bank of America Corp., No. 14-02446, D. Md.; 2015 U.S. Dist. LEXIS 70657).
WAUSAU, Wis. - Insureds failed to prove that their house collapsed during construction and, thus, that there was an underlying breach of the insurance contract by their insurer for denying coverage, a Wisconsin appeals panel ruled June 2, affirming dismissal of the insureds' bad faith claim (Joseph M. Oboikovitz and Vicki A. Oboikovitz v. American Family Mutual Insurance Co., No. 2014AP1065, Wis. App., Dist. 3; 2015 Wisc. App. LEXIS 403).
PHILADELPHIA - Two engine experts can testify that a defectively designed or manufactured engine part caused a helicopter crash that killed two men because the experts are qualified, their testing is reliable and their conclusions are relevant to the cause of the crash, a Pennsylvania federal judge held May 29 (Pamela Lewis, et al. v. Lycoming Engines, et al., No. 11-6475, E.D. Pa.; 2015 U.S. Dist. LEXIS 69723).
PHILADELPHIA - A Pennsylvania federal judge on May 29 denied an insurer's motion to preclude an insured from offering evidence of settlements of underlying asbestos claims after determining that summaries of business records are admissible evidence (General Refractories Company v. First State Insurance Co., et al., No. 2:04-cv-3509, E.D. Pa.; 2015 U.S. Dist. LEXIS 69727).
WILMINGTON, Del. - A Delaware federal judge on May 29 partially granted motions for summary judgment filed by two insurers after determining that one of the underlying excess policies was not exhausted and that another barred coverage because the primary policy clearly excluded coverage for asbestos claims (Maremont Corp. v. Ace Property & Casualty Insurance Co. et al., No. 12-1379, D. Del.; 2015 U.S. Dist. LEXIS 69537).
EDINBURG, Texas - A Texas appeals panel on May 29 denied an insurer's petition for writ of mandamus challenging a lower court's order requiring it to produce 15 categories of management reports and associated emails that are in response to specific requests for production pertaining to the hail litigation (In Re National Lloyds Insurance Co., Nos. 13-14-00713 and 13-14-00714, Texas App., 13th Dist.; 2015 Tex. App. LEXIS 5509).
ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on June 1 affirmed a district court's decision in favor of several lenders, finding that the borrower lacked standing to allege violations of a pooling and servicing agreement (Irene A. Rogers v. Bank of America N.A., et al., No. 14-2841, 8th Cir.; 2015 U.S. App. LEXIS 9030).
CINCINNATI - A Sixth Circuit U.S. Court of Appeals panel on June 1 reversed a federal magistrate judge in Ohio's ruling awarding summary judgment to Penn Mutual Life Insurance Co., finding that a genuine dispute of fact exists as to whether a man knowingly misrepresented the state of his health before obtaining a life insurance policy (Barbara Ramsey v. Penn Mutual Life Insurance Company, No. 14-3869, 6th Cir.; 2015 U.S. App. LEXIS 9019).
SEATTLE - A Washington state court judge entered a defense verdict on June 1 in a suit alleging that negligent design and installation of a home security system allowed intruders to break into a home and seriously injure one of its occupants (Deep Rawat, et al. v. Comcast Broadband Security LLC, et al., No. 14-2-05344-4-SEA, Wash. Super., King Co.).
PHILADELPHIA - A pair of reinsurers argued in a federal court in Pennsylvania on May 28 that a suit against them should be dismissed in favor of a suit the two filed against the instant plaintiff in a different federal court (Excalibur Reinsurance Corporation v. Select Insurance Company, et al., No. 15-cv-02522, E.D. Pa.).
CHICAGO - The First District Illinois Appellate Court on May 29 determined that settlement releases between an insured and its insurers were ambiguous and did not specifically include underlying claims alleging injuries arising out of the exposure to various chemicals at the insured's facilities (Motorola Solutions Inc. v. Zurich Insurance Co. et al., Nos. 1-13-1529, 1-13-1530, Ill. App., 1st Dist., 5th Div.; 2015 Ill. App. LEXIS 415).
WASHINGTON, D.C. - The majority of a District of Columbia Circuit U.S. Court of Appeals panel on May 29 denied petitions filed by makers of polyvinyl chloride (PVC) challenging the limits contained in a 2012 rule implemented by the U.S. Environmental Protection Agency over emissions resulting from the manufacturing of the substance, after finding that it lacked jurisdiction over issues that the agency is currently reconsidering and that the challengers' other arguments lacked merit (Mexichem Specialty Resins Inc. v. U.S. Environmental Protection Agency, Nos. 12-1265, 12-1266, 12-1267, D.C. Cir.; 2015 U.S. App. LEIS 8903).
ANNAPOLIS, Md. - The Maryland Court of Special Appeals on May 29 reversed and remanded a lead-poisoning injury case, ruling that when the trial court denied the plaintiff's motion for summary judgment on his discovery requests and then dismissed his complaint, the Baltimore City Circuit Court "abused its discretion" and failed to "consider the correct legal standard" (Trashawn Johnson v. Roberta Franklin, No. 1216, Md. Spec. App., Sept. Term 2014; 2015 Md. App. LEXIS 71).
NEW YORK - A federal judge in New York on May 27 granted final approval of a $500 million settlement in a securities class action lawsuit regarding Bear Stearns' sale of more than $17 billion in mortgage-backed securities, finding the settlement agreement to be fair, reasonable and adequate (In re Bear Stearns Mortgage Pass-Through Certificates Litigation, No. 08-8093, S.D. N.Y.).
NEW YORK - A New York federal judge on May 29 granted a request to decertify a class of claimants asserting a breach of contract claim against lenders in relation to alleged late fees, finding a lack of evidence that the lenders assumed specific contractual obligations or were in privity of contract with absent class members (Joseph Mazzei, et al. v. The Money Store, et al., No. 01cv5694, S.D. N.Y.; 2015 U.S. Dist. LEXIS 69866).
WASHINGTON, D.C. - The U.S. Supreme Court on June 1 sought the solicitor general's view as to whether the Sixth Circuit U.S. Court of Appeals erred in ruling that a federal judge properly dismissed without prejudice a pension plan participant's claim that the plan improperly reduced his benefits, where the suit was not brought in the federal court specified in the plan's forum-selection clause (Roger L. Smith v. AEGON Companies Pension Plan, No. 14-1168, U.S. Sup.).