SAN FRANCISCO - Under California law, a plaintiff may not pursue asbestos claims involving replacement gaskets and packing, but the man submitted sufficient evidence of exposure to at least some original or spare parts to pursue those claims, a Ninth Circuit U.S. Court of Appeals panel held in partially reversing summary judgment June 16 (John H. Boyd III v. Warren Pumps LLC, No. 13-56975, John H. Boyd III v. Air & Liquid Systems Corp., sued individually and as successor-in-interest to Buffalo Pumps Inc., No. 14-57018, 9th Cir.).
LOS ANGELES - After finding that a borrower attempted to fulfill the terms of an agreement with a bank, a California federal judge on June 15 refused to dismiss her breach of contract claims but granted dismissal as to her claims for rescission and violation of California's unfair competition law (UCL) (Kathleen Angel Eisenberg v. Citibank N.A., et al., No. 2:13-CV-01814, C.D. Calif.; 2016 U.S. Dist. LEXIS 78710).
ALEXANDRIA, Va. - An invention that describes utilization of a Voice over Internet Protocol (VoIP) telephone to call other VoIP subscribers on a private packet-based network or standard public switched telephone network (PSTN) customers on the public telephone network is invalid, Apple Inc. alleges in a June 15 petition for inter partes review by the Patent Trial and Appeal Board (PTAB) (Apple Inc. v. VOIP-Pal.com Inc., No. IPR2016-01198, PTAB.).
OAKLAND, Calif. - Asserting that Twitter Inc., Facebook Inc. and Google Inc. have knowingly allowed terrorist organizations like the Islamic State of Iraq and Syria (ISIS) to use their online platforms to recruit and fundraise, the father of a victim of the November 2015 Paris terror attacks filed suit against all three in California federal court on June 14, alleging violation of the Anti-Terrorism Act (Reynaldo Gonzalez v. Twitter Inc., et al., No. 4:16-cv-03282, N.D. Calif.).
NEW YORK - The First Department New York Supreme Court Appellate Division on June 16 affirmed the dismissal of a building owner's third-party claims against the supplier of windows and doors that were allegedly defective, finding that the owner was not a beneficiary to the agreement between the supplier and subcontractor that installed them and that it could not seek indemnification from the supplier (Residential Board of Managers of 310 West 52nd Street Condominium v. El-Ad 52 LLC, et al., No. 1497, 600174/10, N.Y. Sup., App. Div., 1st Dept.; 2016 N.Y. App. Div. LEXIS 4669).
SAN FRANCISCO - Plaintiffs' leadership in the Viagra melanoma multidistrict litigation were appointed June 15 by U.S. Judge Richard Seeborg of the Northern District of California (In Re: Viagra [Sildenafil Citrate] Products Liability Litigation, MDL Docket No. 2691, No. 16-2691, N.D. Calif.).
SAN DIEGO - A California federal judge on June 16 granted a beer company's motion to dismiss claims for violation of California's unfair competition law (UCL) and other California law claims, finding that it did not make misrepresentations about Blue Moon being a craft beer (Evan Parent, an individual on behalf of himself, a class of persons similarly situated, and the general public v. MillerCoors LLC, et al., No. 3:15-cv-1204, S.D. Calif.; 2016 U.S. Dist. LEXIS 78764).
CAMDEN, N.J. - Aetna Health Inc. and Aetna Life Insurance Co. (collectively Aetna) must decide what state laws defendants accused of submitting fraudulent bills for transcutaneous electrical nerve stimulation (TENS) devices and associated accessories violated before a ruling on the defendants' motion for summary judgment can be rendered, a federal judge in New Jersey ruled June 16 (Aetna Health Inc., et al. v. Carolina Analgesic Inc., et al., No. 13-7202, D. N.J.; 2016 U.S. Dist. LEXIS 78304).
CHICAGO - An expert may not testify that a deceased man may have experienced discomfort breathing soot before losing consciousness or as to how long the man experienced pain and suffering, an Illinois federal judge held June 14; however, the expert may offer her opinion that the man would have remained conscious after he began inhaling carbon monoxide and that he would have lost consciousness at a certain carboxyhemoglobin level (David Ostrinsky, as administrator of the Estate of Michael Ostrinsky, deceased v. Black & Decker [U.S.] Inc., et al., No. 15-1545, N.D. Ill.; 2016 U.S. Dist. LEXIS 77956).
PITTSBURGH - A Pennsylvania federal bankruptcy judge approved a stipulation June 14 allowing insurers to proceed with their claim against the parent company of Chapter 11 debtor Pittsburgh Corning Corp. (PCC) for contribution or indemnification in a Louisiana state court asbestos premises liability action (In re: Pittsburgh Corning Corporation, No. 00-22876, W.D. Pa. Bkcy.).
SALT LAKE CITY - Homeowners failed to establish evidence that they suffered any property damage as a result of a contractor or subcontractor's work on their home that is covered under two commercial general liability insurance policies, a Utah federal judge ruled June 15, finding that the insurers have no duty to indemnify for underlying judgments (Auto-Owners Insurance Co. v. Timbersmith, Inc., et al. & George Fleming and Janis Fleming v. The Charter Oak Fire Insurance Co., No. 12-00786, D. Utah; 2016 U.S. Dist. LEXIS 78748).
WASHINGTON, D.C. - A District of Columbia Circuit U.S. Court of Appeals on June 14 partially reinstated a former Environmental Protection Agency manager's racial bias claims, finding that she produced sufficient evidence to proceed with her claim that she was suspended during her employment due to her race (Susan M. Morris v. Gina McCarthy, Administrator, U.S. Environmental Protection Agency, No. 14-5074, D.C. Cir.; 2016 U.S. App. LEXIS 10714).
OKLAHOMA CITY - In a medical malpractice action, a trial judge erred in excluding testimony regarding the use of vasopressin in septic shock, which resulted in a woman's death, the Oklahoma Supreme Court ruled June 14, reversing summary judgment to a doctor and a medical provider and remanding for further proceedings (William P. Nelson, and Jon Nelson, individually and as co-personal representatives and/or co-executors of the estate of Ethel A. Nelson, and as co-trustees of the Ethel A. Nelson Revocable Trust and as heirs and next of kin of Ethel A. Nelson v. Enid Medical Associates, Inc., and David Shepherd, No. 110665, Okla. Sup.; 2016 Okla. LEXIS 69).
LOS ANGELES - In a two-phase special verdict filed June 13 and 14, a California state jury awarded an employee $352,083 on his claims that his former employer discriminated against him and harassed him based on his sexual orientation (Brandon Grey v. American Management Services, LLC, No. BC412760, Calif. Super., Los Angles Co.).
LOS ANGELES - The Ninth Circuit U.S. Court of Appeals on June 15 rejected a petition arguing that the "exceptional importance" of a case establishing the causation standard in maritime asbestos cases necessitated en banc rehearing (Carol McIndoe, et al. v. Huntington Ingalls Inc., et al., Nos. 13-56762, 13-56764, 9th Cir.).
SPRINGFIELD, Mass. - Plaintiffs in an Employee Retirement Income Security Act breach of contract lawsuit on June 15 filed a joint motion for preliminary approval of a $30.9 million class settlement in Massachusetts federal court (Dennis Gordon, et al. v. Massachusetts Mutual Life Insurance Co., et al., No. 13-30184, D. Mass.).
ATLANTA - The 11th Circuit U.S. Court of Appeals on June 15 affirmed dismissal 48 Fixodent denture cream lawsuits after a federal judge excluded the plaintiffs' expert causation expert witnesses (Beverly Jones, et al. v. SmithKline Beecham, et al., No 15-12340, 11th Cir.; 2016 U.S. App. 10833).
PHILADELPHIA - The Third Circuit U.S. Court of Appeals on June 16 affirmed a lower federal court's ruling that dismissed an insured's breach of contract, fraud and misrepresentation claims against its federal flood insurer over its alleged personal property damage caused by Hurricane Irene (Psychiatric Solutions, Inc. v. Federal Emergency Management Agency, et al., No. 15-2923, 3rd Cir.; 2016 U.S. App. LEXIS 10894).
PITTSBURGH - Because the materials sought via discovery from certain reporters by a defamation suit plaintiff do not pertain to confidential sources, a Pennsylvania Superior Court panel on June 15 held that its disclosure would not violate the journalist's privilege under the First Amendment to the U.S. Constitution (Dominick D. DiPaolo v. Times Publishing Co., et al., No. 1713 WDA 2014, Pa. Super.; 2016 Pa. Super. LEXIS 323).
FRANKFORT, Ky. - The Kentucky Supreme Court on June 16 denied interlocutory review of an order that former plaintiff attorney Stanley M. Chesley contribute to a $42 million judgment to fen-phen plaintiffs, saying the lower court's order in the matter was not an injunction subject to interlocutory appeal (Stanley M. Chesley v. Mildred Abbott, et al., No. 2015-SC-000599, Ky. Sup.).
SAN DIEGO - In what is being called a record recovery for shareholders, HSBC Finance Corp. has agreed to pay more than $1.5 billion to settle claims that its predecessor-in-interest, Household International Inc., and certain of its executive officers and directors issued a series of misrepresentations concealing Household's involvement in a predatory lending scheme in violation of federal securities laws, according to a press release issued by shareholder counsel June 16 (Lawrence E. Jaffe Pension Plan v. Household International, Inc., et al., No. 02-5893, N.D. Ill.).
NEW YORK - Without providing further detail, the Third Circuit U.S. Court of Appeals on June 15 agreed to hear an appeal of a ruling in a securities class action lawsuit filed in New York federal court that partially dismissed claims against a Brazilian oil company, its outside auditor and others (In re Petrobas Securities Litigation, No. 14-9662, S.D. N.Y.; 2016 U.S. Dist. LEXIS 76844).
MINNEAPOLIS - The federal judge overseeing the National Hockey League (NHL) concussion multidistrict litigation on June 14 signed a stipulated order between former players and nonparty league teams over the production of medical documents (In re: National Hockey League Players Concussion Injury Litigation, MDL No. 14-2551, D. Minn.).