MINNEAPOLIS - The National Hockey League (NHL) asked the federal judge overseeing the NHL players concussion multidistrict litigation on Jan. 20 to compel the players to turn over a full list of health care professionals and to sign a medical records authorization form provided by the league (In re: National Hockey League Players Concussion Injury Litigation, MDL No. 14-2551, D. Minn.).
ATLANTA - A Florida federal judge did not abuse her discretion in denying a trademark infringement plaintiff a preliminary injunction, the 11th Circuit U.S. Court of Appeals concluded Jan. 21 (New Wave Innovations Inc. v. James McClimond, et al., No. 14-11466, 11th Cir.; 2015 U.S. App. LEXIS 852).
CHARLOTTE, N.C. - Several asbestos plaintiffs' law firms and attorneys deny allegations by Chapter 11 debtor Garlock Sealing Technologies LLC that they schemed to defraud Garlock in tort system cases and say that complaints filed against them by Garlock should be dismissed because Garlock knew of the exposure evidence the law firms and attorneys allegedly withheld, according to answers to the complaints filed Jan. 21 in North Carolina federal court (Garlock Sealing Technologies LLC v. Waters & Kraus, LLP, et al., No. 14-130; Garlock Sealing Technologies LLC v. Belluck & Fox, LLP, et al., No. 14-118; Garlock Sealing Technologies LLC v. Shein Law Center, Ltd., et al., No. 14-137; and Garlock Sealing Technologies LLC v. Simon Greenstone Panatier Bartlett, APLC, et al., No. 14-116; W.D. N.C.).
SILVER SPRING, Md. - The Food and Drug Administration on Jan. 21 issued a safety communication recommending against the use of bone growth factors in patients under 18 after reviewing reports of serious injuries such as excess bone growth, fluid accumulation, inhibited bone healing and swelling.
CAMDEN, N.J. - The federal judge presiding over a lawsuit brought by New Jersey residents seeking $10 million in punitive damages for vinyl chloride contamination allegedly caused by the derailment of a train carrying the chemical in Paulsboro, N.J., on Jan. 20 ruled that the plaintiffs' attorney who released publicly a document obtained in discovery will not be sanctioned (In re: Paulsboro Derailment Cases, No. 13-784, D. N.J.).
WASHINGTON, D.C. - After rejecting the majority of a development program's request for provisional measures, a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Jan. 21 ordered that the Independent State of Papua New Guinea refrain from interfering with the program's management for the remainder of the arbitration (PNG Sustainable Development Program v. Independent State of Papua New Guinea, No. ARB/13/33, ICSID).
NEWARK, N.J. - Finding that the plaintiffs in a putative privacy class action against Viacom Inc. and Google Inc. had "not cured the enumerated defects" identified in a previous ruling, a New Jersey federal judge on Jan. 20 again granted the defendants' motion to dismiss, this time without leave to amend (In Re: Nickelodeon Consumer Privacy Litigation, MDL No. 2443, D. N.J.; 2015 U.S. Dist. LEXIS 6205).
BIRMINGHAM, Ala. - A disability insurer's denial of a claim for long-term benefits based on the policy's pre-existing exclusion was reasonable, an Alabama federal judge said Jan. 21, noting that the evidence clearly supports the insurer's denial (Sidney Law v. Aetna Life Insurance Co., No. 13-2267, N.D. Ala.; 2015 U.S. Dist. LEXIS 6404).
ATLANTA - A panel of the 11th Circuit U.S. Court of Appeals on Jan. 20 denied rehearing of a case in which the former residents of a military base argued that they had been injured as a result of contaminated drinking water. The panel issued a one-page order that did not elaborate on its ruling (Erica Y. Bryant, et al. v. United States of America, No. 12-15424, 11th Cir.).
SAN FRANCISCO - A California federal judge properly granted a copyright infringement defendant summary judgment and attorney fees, the Ninth Circuit U.S. Court of Appeals ruled Jan. 20 (Omega S.A. v. Costco Wholesale Corp., No. 11-57137, 9th Cir.; 2015 U.S. App. LEXIS 830).
DENVER - A majority of the 10th Circuit U.S. Court of Appeals on Jan. 21 found that a chiropractor insured's purported acts or omissions were not committed during the provision of "professional services" under her professional liability insurance policy, further concluding that there is also no coverage under a general business liability insurance policy for negligence claims arising from an alleged sexual assault on a minor committed by her ex-husband (Hanover American Insurance Co., et al. v. Debora K. Balfour, et al., No. 13-6226, 10th Cir.; 2015 U.S. App. LEXIS 874).
WASHINGTON, D.C. - A patent owner waived any right to dispute an examiner's use of a machine translation of a Japanese prior art patent when the plaintiff failed to accept the examiner's offer to reopen re-examination proceedings with the translation on the record, the Federal Circuit U.S. Court of Appeals affirmed Jan. 20 (In re: Orbital Technologies Corp., Nos. 14-1298, -1299, Fed. Cir.).
NEW YORK - While a contractor retained the power to enlarge the work done at a worksite, it never exercised general control over the site or specified the manner of work, a New York justice held in an opinion posted Jan. 16 (Margaret Donovan, et al. v. ACF Industries LLC, et al., No. 190110/13, N.Y. Sup., New York Co.).
SYRACUSE, N.Y. - A federal magistrate judge in New York on Jan. 20 denied in part an insurer's motion to compel discovery, holding that documents pertaining to other companies its reinsurer dealt with are not discoverable (Utica Mutual Insurance Company v. Clearwater Insurance Company, No. 13-cv-01178, N.D. N.Y.).
WASHINGTON, D.C. - On Jan. 20, a District of Columbia federal judge unsealed an 80-page Jan. 12 ruling that the U.S. Food and Drug Administration did not err in approving the gout drug Mitigare without a Hatch-Waxman Act Paragraph IV certification to various patents covering the drug Colcrys (Takeda Pharmaceuticals U.S.A. Inc., et al. v. Sylvia Matthews Burwell, et al., No. 14-1668, D. D.C.).
DETROIT - A doctor was sentenced to 15 months in prison and ordered to pay $1.3 million in restitution by a federal judge in Michigan on Jan. 14 for her role in a $2.1 million home health care fraud scheme, the U.S. Department of Justice announced (United States of America v. Paula Williamson, No. 13-cr-20347, E.D. Mich.).
HARTFORD, Conn. - An osteopathic physician on Jan. 16 pleaded guilty in Connecticut federal court to one count of committing health care fraud and agreed to pay the government $270,528 to resolve federal civil claims arising from his conduct (United States of America v. David Lester Johnston, No. 14-cr-00047, D. Conn.).
BALTIMORE - A pharmacy employee was sentenced by a federal judge in Maryland on Jan. 15 to 13 months in prison and ordered to pay $102,066.25 in restitution for his role in a scheme to defraud Medicare, Medicaid and the Federal Employees Health Benefits Program by submitting false prescriptions for refills, the U.S. Attorney's Office for the District of Maryland announced (United States of America v. Jigar Patel, No. 13-cr-00374, D. Md.).
HOUSTON - A Texas federal judge on Jan. 16 agreed to transfer an individual wage suit to the federal court where a similar class complaint was filed based on the Fifth Circuit U.S. Court of Appeals' "first-to-file" rule (Jack Hagans v. Integrated Production Services, Inc., et al., No. 14-2965, S.D. Texas; 2015 U.S. Dist. LEXIS 5584).
WASHINGTON, D.C. - An order dismissing one case alleging manipulation of the U.S. Dollar London Interbank Offered Rate (LIBOR) that had been consolidated with others in a multidistrict litigation triggered the plaintiffs' right to appeal under Title 28 U.S. Code Section 1291, a unanimous Supreme Court ruled Jan. 21 (Ellen Gelboim and Linda Zacher, et al. v. Bank of America Corporation, et al., No. 13-1174, U.S. Sup.).
TAMPA, Fla. - A class of restaurant servers alleging that they were denied minimum and overtime wages was granted conditional class certification in a Florida federal judge's Jan. 16 order that limited the scope of the class to just one restaurant location (John Ciani, et al. v. Talk of the Town Restaurants, Inc., D/B/A Charley's Steakhouse, No. 14-2197, M.D. Fla.; 2015 U.S. Dist. LEXIS 5580).
MADISON, Wis. - A Wisconsin federal judge on Jan. 15 conditionally certified an Equal Pay Act (EPA) collective claim filed by a former lab specialist who accuses her former employers of gender discrimination; however, the judge dismissed the plaintiff's Title VII of the Civil Rights Act of 1964 claim with prejudice (Danielle Ailts Campeau, et al. v. NeuroScience Labs Inc., et al., No. 14-324, W.D. Wis.; 2015 U.S. Dist. LEXIS 4813).
HARRISBURG, Pa. - Plaintiffs secured a nearly $1 million asbestos verdict through improper consolidation and the type of "every exposure" testimony rejected by Pennsylvania courts, Ford argues in a Jan. 20 brief to the state's top court (Richard Rost and Joyce Rost v. Ford Motor Co., No. 56 EAP 2014, Pa. Sup.).