SAN FRANCISCO - A dispute over jewelry designs was remanded to a California federal court on March 3 by the Ninth Circuit U.S. Court of Appeals, which found that the judge in the case abused his discretion in awarding a preliminary injunction (Philippe Charriol International Ltd. v. A'lor International Ltd., Nos. 13-56854, 14-55769, 9th Cir.; 2015 U.S. App. LEXIS 3355).
BOSTON - A Massachusetts Appeals Court panel on Feb. 27 affirmed in part and reversed in part a state Superior Court ruling dismissing an insured's breach of contract and insurance bad faith lawsuit, finding that the insured has failed to state a majority of her claims (Nataly Minkina v. Medical Professional Mutual Insurance Co., No. 13-P-1898, Mass. App.; 2015 Mass. App. Unpub. LEXIS 140).
SAN JOSE, Calif. - A federal judge in California on Feb. 27 dismissed a fraud and state unfair competition law (UCL) claim against defendants accused of breach of contract for failing to deliver computers or refund the bitcoin used to pay for the merchandise (Pete Morici v. Hashfast Technologies, et al., No. 14-87, N.D. Calif.; 2015 U.S. Dist. LEXIS 24251).
FORT WAYNE, Ind. - An Indiana federal judge on March 2 granted summary judgment in favor of a nursing facility in its suit against another nursing facility for breach of contract for the defendant's failure to pay for the transfer of Medicaid certification rights that the defendant had sought so it could increase the number of comprehensive care beds it could obtain reimbursement for by Medicaid (Lutheran Homes Inc. v. Lock Realty Corporation IX, No. 14-102, N.D. Ind.; 2015 U.S. Dist. LEXIS 24588).
DENVER - A federal judge in Colorado on Feb. 25 declined to dismiss a suit in which the plaintiff accused his health insurance company of breach of contract for allegedly wrongfully informing him that the effective date of his coverage was later than it really was, causing the plaintiff to receive treatment for pancreatic cancer later than necessary (Kent Wilson v. Humana Health Plan Inc., No. 14-3259, D. Colo.; 2015 U.S. Dist. LEXIS 22672).
MADISON, Wis. - A Wisconsin appellate panel on Feb. 26 affirmed a lower court's decision to impose sanctions and revoke an attorney's pro hac vice status in lawsuit pertaining to a dispute over a contract for the supply of frack sand on grounds that the parties acted in bad faith (In the Matter of Sanctions in Minerals Development & Supply Company Inc. v. Hunton & Williams LLP, No. 2014AP287, Wis. App., Dist. 4; 2015 Wisc. App. LEXIS 154).
WILMINGTON, N.C. - The three-year statute of limitations precludes a subrogated insurer's negligence and breach of contract claims against manufacturers and individuals who allegedly failed to repair a dryer that caused a fire to insureds, a North Carolina federal judge ruled Feb. 25 (State Farm Fire and Casualty Insurance Co. v. Lowe's Companies Inc., et al., No. 14-441, E.D. N.C.; 2015 U.S. Dist. LEXIS 23625).
CHICAGO - Allstate Life Insurance Co.'s breach of contract lawsuit against a former life insurance agent and his agency is better suited to Florida federal court, a federal judge in Illinois ruled Feb. 23, explaining that all of the former agent's allegedly fraudulent conduct occurred in Florida (Allstate Life Insurance Company v. Stanley W. Burns Inc., et al., No. 14-cv-7098, N.D. Ill.; 2015 U.S. Dist. LEXIS 20905).
WASHINGTON, D.C. - The U.S. Supreme Court Feb. 23 denied review of an appeals court ruling vacating a $158 million award to three contract workers injured in an explosion at a grain bin (John W. Jentz, et al. v. ConAgra Foods Inc., No. 14-881, U.S. Sup.; Justin Becker, et ux. v. ConAgra Foods Inc., No. 14-899, U.S. Sup.)
TRENTON, N.J. - A spouse lacks standing to assert breach of contract claims against his spouse's former employer regarding an alleged failure to timely send notice for health insurance coverage, a New Jersey federal judge ruled Feb. 18 (John Sacchi v. Katheryn J. Luciani, et al., No. 14-3130, D. N.J.; 2015 U.S. Dist. LEXIS 19002).
TAMPA, Fla. - A Florida federal judge applied Alabama law on Feb. 20 to dismiss breach of contract and bad faith claims against a commercial liability insurer regarding its duty to indemnify a settlement of an underlying construction defects case (MI Windows & Doors LLC f/k/a MI Windows & Doors Inc. and MI Home Products Inc. v. Liberty Mutual Fire Insurance Co., No. 14-3139, M.D. Fla.; 2015 U.S. Dist. LEXIS 20544).
DAYTON, Ohio - A federal judge in Ohio on Feb. 17 granted summary judgment in favor of an insurer in an insurance breach of contract and bad faith lawsuit, ruling that the insurer had "reasonable justification" for denying coverage and canceling the insured's commercial homeowners insurance policy after a fire (Dion Ross v. State Farm Fire and Casualty Co., No. 13-401, S.D. Ohio; 2015 U.S. Dist. LEXIS 18707).
CAMDEN, N.J. - Questions of fact exist as to whether an insurer breached its contract by denying coverage for water damage sustained by homeowners, a New Jersey federal judge ruled Feb. 18; however, the judge granted summary judgment on the homeowners' bad faith claim (Joseph Dooley and Elizabeth Dooley v. Scottsdale Insurance Co., No. 12-1838, D. N.J.; 2015 U.S. Dist. LEXIS 19140).
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.).
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).
MARLBOROUGH, Mass. - Boston Scientific Corp. on Feb. 17 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.).
SIOUX FALLS, S.D. - Claims for breach of contract, breach of warranty and negligence against an insured encompass some acts that are not excluded from coverage under the professional services exclusion in a commercial general liability insurance policy, a South Dakota federal judge ruled Feb. 13, finding that material issues of fact remain with regard to resolution of the insurer's duty to indemnify (General Casualty Company of Wisconsin v. Nelson Engineering Consulting LLC, No. 13-4075, D. S.D.; 2015 U.S. Dist. LEXIS 17705).
INDIANAPOLIS - Health insurance provider Anthem Inc. was hit with yet another complaint related to its recently announced data breach on Feb. 10, with a Virginia man alleging negligence and breach of contract in Indiana federal court while simultaneously petitioning the Judicial Panel on Multidistrict Litigation (JPMDL) to consolidate his complaint with 16 similar suits filed in federal courts around the country (Michael S. Weinberger v. Anthem Inc., et al., No. 1:15-cv-00201, S.D. Ind.).
PHILADELPHIA - An estate's executor failed to produce evidence of the existence of a valid and paid-for policy of voluntary life insurance with the estate's former employer and insurer, a Pennsylvania federal judge ruled Feb. 10, granting summary judgment on breach of contract and breach of fiduciary duty claims (Seth J. Diener, guardian ad litem of Estate of Joseph Thomas Mancuso IV, et al. v. The Renfrew Centers Inc. and Life Insurance Company of North America, No. 11-4404, E.D. Pa.; 2015 U.S. Dist. LEXIS 16421).
DAYTONA BEACH, Fla. - A Florida appeals panel on Feb. 13 held that damage to insureds' pool deck, rock garden and waterfall resulted directly or indirectly from subsurface water pressure, reversing and remanding a lower court's ruling in favor of insureds in a breach of contract dispute arising from a tropical storm (Liberty Mutual Fire Insurance Co. Nigel Martinez, et al., No. 5D13-2683, Fla. App., 5th Dist.; 2015 Fla. App. LEXIS 1918).
ELGIN, Ill. - An indemnity agreement in a bill of lading was not an insured contract under a commercial general liability insurance policy, an Illinois appeals panel held Feb. 9, reversing a judge's grant of summary judgment in favor of the insured (Bituminous Casualty Corp. v. Plano Molding Co., No. 12-MR-175, Ill. App., 2nd Dist.; 2015 Ill. App. Unpub. LEXIS 214).
EVANSVILLE, Ind. - A federal judge in Indiana on Feb. 6 denied a motion to remand filed by insureds in a breach of contract and insurance bad faith lawsuit, ruling that the insureds' claims are preempted by the Employee Retirement Income Security Act (Sherry Schnepper, et al. v. Federated Mutual Insurance Co., et al., No. 14-0154, S.D. Ind.; 2015 U.S. Dist. LEXIS 14383).