MIAMI - The 11th Circuit U.S. Court of Appeals on Feb. 13 declined to rehear a Patient Protection and Affordable Care Act (ACA) case, leaving stand a divided panel's conclusion that an orthodontist lacked standing to challenge delayed implementation of the law's employer mandate (Kawa Orthodontics LLP v. Secretary, U.S. Department of the Treasury, et al., No. 14-10296, 11th Cir.).
COLUMBUS, Ohio - The class of plaintiffs suing E.I. du Pont de Nemours & Co. alleging personal injury and wrongful death in connection with a spill of perfluorooctanoic acid (also called C-8) on Feb. 17 filed a brief arguing that its claims are preserved and, contrary to DuPont's contention, Ohio law does not govern the litigation (In re E.I. du Pont de Nemours and Co. C-8 Personal Injury Litigation, MDL No. 2433, No. 13-2433, S.D. Ohio).
GRAND RAPIDS, Mich. - A Michigan federal judge on Feb. 12 found that a genuine dispute exists as to whether a defendant actually obtained unauthorized transmissions of DISH Networks LLC's encrypted, satellite television programming, leading him to deny both parties' motions for summary judgment and order further discovery on the matter (DISH Networks LLC, et al. v. Brad Zerns, No. 1:14-cv-00279, W.D. Mich.; 2015 U.S. Dist. LEXIS 17130).
MARLBOROUGH, Mass. - Boston Scientific Corp. on Feb. 7 announced that it has agreed to pay Johnson & Johnson (J&J) $600 million to settle a nine-year-old lawsuit alleging that Guidant Corp., which is now a Boston Scientific subsidiary, in 2006 interfered with J&J's planned acquisition of Guidant (Johnson & Johnson v. Guidant Corporation, No. 06-7685, S.D. N.Y.).
CHARLESTON, W.Va. - A federal magistrate judge in West Virginia on Feb. 17 ordered a hydraulic fracturing company to respond to discovery requests made by a landowner couple engaged in a lease dispute with the company on grounds that records pertaining to royalty payments owed to the couple are relevant and the company's "blanket assertions" of privilege "utterly fail to provide any information" that would allow a party to assess whether privilege applies (Larry Barr, et al. v. EQT Production Company, No. 14-57, N.D. W.Va.).
HOUSTON - A Texas federal judge on Feb. 17 held that an insurer has no duty to defend its insured against false representation, monopolization and unfair and deceptive trade practices counterclaims in an infringement dispute over the '831 patent that protected a particular pavement-lifting process, granting the insurer's motion for summary judgment (Uretek [Usa] Inc. v. Continental Casualty Co., No. 4:13-cv-3746, S.D. Texas; 2015 U.S. Dist. LEXIS 18610).
RENO, Nev. - According to a docket entry, Everest Indemnity Insurance Co. on Feb. 17 settled with a class of homeowners after a jury in the Washoe County, Nev., Second Judicial District Court found that the insurer had breached its duty of good faith and fair dealing in declining a defense and indemnity for property damage sustained by the class (Elizabeth Reimers, et al. v. Everest Indemnity Insurance Co., No. CV13-00737, Nev. Dist., 2nd Dist., Washoe Co.).
WASHINGTON, D.C. - A District of Columbia federal judge on Feb. 13 denied a motion to remand a class suit accusing a fitness club's owners of fraudulently taking out lines of credit against its customers (Valerie McMullen, et al. v. Synchrony Bank, et al., No. 14-1983, D. D.C.; 2015 U.S. Dist. LEXIS 17955).
MADISON, Wis. - A federal judge in Wisconsin on Feb. 13 excluded testimony from three experts that "any exposure" to asbestos leads to disease, experiments conducted by William Longo and Materials Analytical Services and testimony from Barry Castleman, granting unopposed motions in two cases (Gary Souja, et al. v. Owens-Illinois Inc., No. 99-475, Barbara Connell, et al. v. Owens-Illinois Inc., No. 05-219, W.D. Wis.; 2015 U.S. Dist. LEXIS 17786).
GRAND RAPIDS, Mich. - Right to Life Michigan's action challenging implementation of the Patient Protection and Affordable Care Act (ACA) contraceptive mandate will proceed after a federal judge lifted his stay of the case on Feb. 17 (Right to Life of Michigan v. Sylvia Mathews Burwell, et al., No. 13-1202, W.D. Mich.).
THE HAGUE, Netherlands - A tribunal for the Permanent Court of Arbitration on Feb. 18 announced that it held a hearing on jurisdiction and the merits of a dispute between the Kingdom of the Netherlands and the Russian Federation over the seizure of a vessel that was operating Greenpeace International and that an award will be issued after more deliberation (The Netherlands v. Russia, PCA).
DALLAS - A Texas federal judge on Feb. 17 found that a condominium owner pleaded sufficient facts to support her breach of contract claim against a bank and mortgage entity but found that her claims for misrepresentations and breach of the Truth In Lending Act (TILA) should be dismissed (Laurel Barrett v. Bank of America, N.A., et al., No. 3:14-CV-3389, N.D. Texas; 2015 U.S. Dist. LEXIS 18816).
ATLANTA - Finding that a commercial general liability insurer failed to demonstrate the existence of a mutual mistake, the 11th Circuit U.S. Court of Appeals on Feb. 13 affirmed a lower federal court's refusal to reform the policy to include "restaurant and bars" and "assault and battery sublimit" endorsements (Essex Insurance Co. v. Tina Marie Entertainment LLC, d/b/a Scene Premium Night Club, No. 14-11861, 11th Cir.; 2015 U.S. App. LEXIS 2277).
TRENTON, N.J. - The driver of a tractor-trailer owned by Wal-Mart Stores Inc. that struck a limousine in which actor-comedian Tracy Morgan was riding asked a federal judge in New Jersey on Feb. 16 to reverse a federal magistrate judge's ruling that he is not entitled to intervene in a suit by Morgan and others who were injured in the accident (Tracy Morgan, et al. v. Wal-Mart Stores Inc., et al., No. 14-cv-04388, D. N.J.).
SPRINGFIELD, Mo. - A federal judge in Missouri on Feb. 12 ruled that the heightened pleading requirement of Federal Rule of Civil Procedure (FRCP) 9(b) applies to Allstate Indemnity Co.'s allegations that a couple misrepresented or concealed information when submitting a claim over a fire that occurred at their home and ordered the company to provide a more definite statement in its complaint (Allstate Indemnity Company v. Joseph Dixon, et al., No. 14-cv-03489-MDH, W.D. Mo.; 2015 U.S. Dist. LEXIS 17201).
CINCINNATI - An insurer did not act in bad faith in denying an insured's claim under a homeowners insurance policy for a fire because the cause of the fire was "fairly debatable," a federal judge in Ohio ruled Feb. 12 (Jeffrey Blevins, et al. v. Allstate Property & Casualty Insurance Co., No. 13-0440, S.D. Ohio; 2015 U.S. Dist. LEXIS 17979).
WASHINGTON, D.C. - A final determination by the U.S. International Trade Commission (ITC) that five patents relating to code division multiple access (CDMA) networks were not infringed or invalid was proper, the Federal Circuit U.S. Court of Appeals ruled Feb. 18 (InterDigital Communications Inc. v. United States International Trade Commission, No. 14-1176, Fed. Cir.).