LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Conn. Court Affirms Delay In Naming Substitute Plaintiff Warranted Dismissal

HARTFORD, Conn. - An executrix's four-year delay in substituting herself as a plaintiff in an asbestos action prejudiced defendants and warranted dismissal for failure to prosecute, a Connecticut appeals court held Sept. 2 (Adrienne Brochu, executrix of the estate of Adrien Brochu v. Aesys Technologies, et al., No. AC36483, Conn. App.; 2015 Conn. App. LEXIS 314).

Mealey's Toxic Tort/Environmental - Conn. Court Affirms Delay In Naming Substitute Plaintiff Warranted Dismissal

HARTFORD, Conn. - An executrix's four-year delay in substituting herself as a plaintiff in an asbestos action prejudiced defendants and warranted dismissal for failure to prosecute, a Connecticut appeals court held Sept. 2 (Adrienne Brochu, executrix of the estate of Adrien Brochu v. Aesys Technologies, et al., No. AC36483, Conn. App.; 2015 Conn. App. LEXIS 314).

Mealey's Litigation Procedure - Most Plaintiff Claims Survive In 1st Bellwether Case In Wright Conserve Hip MDL

ATLANTA - A Georgia federal judge overseeing the Wright Conserve hip implant multidistrict litigation on Aug. 31 granted summary judgment on one claim in the first bellwether case but otherwise preserved plaintiff Robyn Christiansen's other claims of action (In Re: Wright Medical Technology Inc. Conserve Hip Implant Products Liability Litigation, MDL Docket No. 2329, No. 12-md-2329, Robyn Christiansen v. Wright Medical Technology Incorporated, et al., MDL Docket No. 2329, No. 13-297, N.D. Ga., Atlanta Div.; 2015 U.S. Dist. LEXIS 115601).

Mealey's PI/Product Liability - Most Plaintiff Claims Survive In 1st Bellwether Case In Wright Conserve Hip MDL

ATLANTA - A Georgia federal judge overseeing the Wright Conserve hip implant multidistrict litigation on Aug. 31 granted summary judgment on one claim in the first bellwether case but otherwise preserved plaintiff Robyn Christiansen's other claims of action (In Re: Wright Medical Technology Inc. Conserve Hip Implant Products Liability Litigation, MDL Docket No. 2329, No. 12-md-2329, Robyn Christiansen v. Wright Medical Technology Incorporated, et al., MDL Docket No. 2329, No. 13-297, N.D. Ga., Atlanta Div.; 2015 U.S. Dist. LEXIS 115601).

Mealey's IP/Tech - Indiana Federal Judge: Lilly Prevails On Indirect Patent Infringement Claim

INDIANAPOLIS - Citing the U.S. Supreme Court's ruling on divided infringement in Limelight Networks Inc. v. Akamai Technologies Inc. (134 S. Ct. 2111 [2014]) and a recent en banc Federal Circuit U.S. Court of Appeals ruling in the same case, an Indiana federal judge on Aug. 25 found that abbreviated new drug applications (ANDAs) for generic Alimta would indirectly infringe an Eli Lilly and Co. patent (Eli Lilly and Company v. Teva Parenteral Medicines Inc. et al., No. 10-1376, S.D. Ind.; 2015 U.S. Dist. LEXIS 112221).

Mealey's Litigation Procedure - Garlock Asbestos Committee: Plan Negotiations Should Remain Confidential

CHARLOTTE, N.C. - Negotiations between asbestos claimants and Chapter 11 debtor Garlock Sealing Technologies LLC in a failed effort to reach a consensus on a plan of reorganization should remain confidential and out of the reach of discovery in the plan confirmation process, the claimants' committee says in an Aug. 24 motion for a protective order filed in North Carolina federal bankruptcy court (In re: Garlock Sealing Technologies, LLC, No. 10-31607, W.D. N.C. Bkcy.).

Mealey's Bankruptcy - Garlock Asbestos Committee: Plan Negotiations Should Remain Confidential

CHARLOTTE, N.C. - Negotiations between asbestos claimants and Chapter 11 debtor Garlock Sealing Technologies LLC in a failed effort to reach a consensus on a plan of reorganization should remain confidential and out of the reach of discovery in the plan confirmation process, the claimants' committee says in an Aug. 24 motion for a protective order filed in North Carolina federal bankruptcy court (In re: Garlock Sealing Technologies, LLC, No. 10-31607, W.D. N.C. Bkcy.).

Mealey's Antitrust/Unfair Competition - California Federal Judge Allows UCL, Fraud Claims To Continue In Bitcoin Suit

SAN JOSE, Calif. - A state unfair competition law (UCL) claim and portions of a fraud claim will continue against defendants accused of breach of contract for failing to deliver computers or refund the bitcoin used to pay for the merchandise, a federal judge in California ruled Aug. 14 (Pete Morici v. HashFast Technologies, et al., No. 14-87, N.D. Calif.; 2015 U.S. Dist. LEXIS 107449).

Mealey's IP/Tech - Denial Of Motion To Amend Patent Claims Reversed, Remanded By Federal Circuit

WASHINGTON, D.C. - Although affirming Aug. 13 that a Texas federal judge properly determined that a patent infringement plaintiff had standing, the Federal Circuit U.S. Court of Appeals found that it remains unclear whether the judge abused his discretion in denying the same plaintiff leave to amend its infringement contentions against myriad defendants (Keranos LLC, et al. v. Silicon Storage Technology Inc., et al., Nos. 14-1360, -1500, Fed. Cir.; 2015 U.S. App. LEXIS 14176).

Mealey's IP/Tech - En Banc Federal Circuit Sets Forth Divided Infringement Criteria

WASHINGTON, D.C. - On remand from the U.S. Supreme Court, the Federal Circuit U.S. Court of Appeals on Aug. 13 reinstated a verdict of patent infringement after finding that the jury heard "substantial evidence from which it could find that" defendant Limelight Networks Inc. "directs or controls its customers' performance of each . . . method step, such that all steps of the method are attributable to Limelight" (Akamai Technologies Inc. et al. v. Limelight Networks Inc., Nos. 09-1372, -1380, -1416, -1417, Fed. Cir.; 2015 U.S. App. LEXIS 14175).

Mealey's IP/Tech - En Banc Federal Circuit: Commission's Interpretation Of Section 337 Is Reasonable

WASHINGTON, D.C. - The International Trade Commission did not err in interpreting Section 337 of the Tariff Act, which declares the importation of infringing products unlawful, as inclusive of goods that, after importation, are used by an importer to directly infringe at the inducement of the goods' seller, a divided, en banc Federal Circuit U.S. Court of Appeals ruled Aug. 10 (Suprema Inc. and Mentalix Inc. v. International Trade Commission and Cross Match Technologies Inc., No. 12-1170, Fed. Cir.; 2015 U.S. App. LEXIS 13929).

Mealey's Litigation Procedure - Amended Order Clears Way For Garlock Discovery Of Manville Trust Claim Data

CHARLOTTE, N.C. - A North Carolina federal bankruptcy judge on Aug. 5 amended his order allowing Chapter 11 debtor Garlock Sealing Technologies LLC to serve a subpoena on the Manville Personal Injury Settlement Trust for information on the more than 90,000 asbestos claimants in Garlock's bankruptcy case so the parties can conduct a preliminary exchange of information to limit the number of false positive matches of claimants in their databases (In re: Garlock Sealing Technologies, LLC, No. 10-31607, W.D. N.C. Bkcy.).

Mealey's Bankruptcy - Amended Order Clears Way For Garlock Discovery Of Manville Trust Claim Data

CHARLOTTE, N.C. - A North Carolina federal bankruptcy judge on Aug. 5 amended his order allowing Chapter 11 debtor Garlock Sealing Technologies LLC to serve a subpoena on the Manville Personal Injury Settlement Trust for information on the more than 90,000 asbestos claimants in Garlock's bankruptcy case so the parties can conduct a preliminary exchange of information to limit the number of false positive matches of claimants in their databases (In re: Garlock Sealing Technologies, LLC, No. 10-31607, W.D. N.C. Bkcy.).

Mealey's PI/Product Liability - Attorney Fee Sanctions Sought By Wright Medical In Federal Hip Case

DENVER - Defense counsel for Wright Medical Technology Inc. on July 31 asked a Colorado federal judge to award them $6,579 as a court-ordered sanction against a hip prosthesis plaintiff for failure to comply with the judge's practice standards (Judith Butt, et al. v. Wright Medical Technology, Inc., No. 14-3208, D. Colo.).

Mealey's Toxic Tort/Environmental - Ill. Appeals Court Upholds Ruling That Agency Properly Responded To Comments

SPRINGFIELD, Ill. - A Illinois appeals panel on July 22 upheld the Pollution Control Board's ruling finding that the Illinois Environmental Protection Agency (IEPA) properly responded to public comments regarding its decision to award a National Pollutant Discharge Elimination system (NPDES) permit to a coal-fired electric generating facility and that the agency was not required to establish a case-by-case basis for determining if the energy supplier was using the best available technology for limiting its discharges of mercury (Natural resources Defense Council, et al. v. The Pollution Control Board, et al., No. 4-14-0644, Ill. App., 4th Dist.; 2015 Ill. App. LEXIS 559).

Mealey's IP/Tech - Former Uber Driver Claims Injury From Data Breach, Opposes Dismissal Motion

SAN FRANCISCO - In a July 20 brief opposing dismissal, a former driver for Uber Technologies Inc. asserts that he was a victim of identity theft as a result of a data breach experienced by his former employer and, therefore, he has sustained an injury sufficient to established standing to bring his class action complaint against Uber (Sasha Antman v. Uber Technologies Inc., et al., No. 3:15-cv-01175, N.D. Calif.).

Mealey's Antitrust/Unfair Competition - Former Uber Driver Claims Injury From Data Breach, Opposes Dismissal Motion

SAN FRANCISCO - In a July 20 brief opposing dismissal, a former driver for Uber Technologies Inc. asserts that he was a victim of identity theft as a result of a data breach experienced by his former employer and, therefore, he has sustained an injury sufficient to established standing to bring his class action complaint against Uber (Sasha Antman v. Uber Technologies Inc., et al., No. 3:15-cv-01175, N.D. Calif.).

Mealey's Litigation Procedure - Former Uber Driver Claims Injury From Data Breach, Opposes Dismissal Motion

SAN FRANCISCO - In a July 20 brief opposing dismissal, a former driver for Uber Technologies Inc. asserts that he was a victim of identity theft as a result of a data breach experienced by his former employer and, therefore, he has sustained an injury sufficient to established standing to bring his class action complaint against Uber (Sasha Antman v. Uber Technologies Inc., et al., No. 3:15-cv-01175, N.D. Calif.).

Mealey's Litigation Procedure - Judge: Insurer Not Entitled To Full Scope Of Relief It Seeks In Discovery Dispute

SAN JOSE, Calif. - A California federal magistrate judge on July 15 granted in part and denied in part an insurer's motion to compel an insured to respond further to its first set of requests for production in a coverage lawsuit over an underlying trade secret dispute (Silicon Storage Technology Inc. v. National Union Fire Insurance Co. of Pittsburgh, Pa., et al., No. 13-05658, N.D. Calif.; 2015 U.S. Dist. LEXIS 92775).

Mealey's IP/Tech - Judge: Insurer Not Entitled To Full Scope Of Relief It Seeks In Discovery Dispute

SAN JOSE, Calif. - A California federal magistrate judge on July 15 granted in part and denied in part an insurer's motion to compel an insured to respond further to its first set of requests for production in a coverage lawsuit over an underlying trade secret dispute (Silicon Storage Technology Inc. v. National Union Fire Insurance Co. of Pittsburgh, Pa., et al., No. 13-05658, N.D. Calif.; 2015 U.S. Dist. LEXIS 92775).

Mealey's Insurance - Judge: Insurer Not Entitled To Full Scope Of Relief It Seeks In Discovery Dispute

SAN JOSE, Calif. - A California federal magistrate judge on July 15 granted in part and denied in part an insurer's motion to compel an insured to respond further to its first set of requests for production in a coverage lawsuit over an underlying trade secret dispute (Silicon Storage Technology Inc. v. National Union Fire Insurance Co. of Pittsburgh, Pa., et al., No. 13-05658, N.D. Calif.; 2015 U.S. Dist. LEXIS 92775).

Mealey's PI/Product Liability - Pennsylvania Federal Judge Dismisses All But 1 Claim In Wright Hip Case

PITTSBURGH - A Pennsylvania federal judge on July 16 dismissed with prejudice all claims but negligent misrepresentation in a hip case, applying court rulings about unreasonably dangerous drugs to medical devices (Roy G. Cogswell, et al. v. Wright Medical Technology, Inc., No. 15-295, W.D. Pa.; 2015 U.S. Dist. LEXIS 92461).

Mealey's Toxic Tort/Environmental - Power Company To Spend $7.1M To Reduce Pollution From Coal-Fired Plants

CEDAR RAPIDS, Iowa - Interstate Power & Light Co., a subsidiary of Alliant Energy, on July 15 agreed to pay a $1.1 million civil penalty for violating the Clean Air Act and spend $6 million to upgrade emissions technologies at seven of its coal-fired power plants in Iowa to reduce emissions of sulfur dioxide and nitrogen oxide (United States of America, et al. v. Interstate Power and Light Company, No. 15-0061, N.D. Iowa).

Mealey's IP/Tech - Microsoft Prevails On Section 101 Challenge In Patent Lawsuit

SAN FRANCISCO - Allegations that Microsoft Corp. infringed three patents relating to online learning were rejected June 10 by a California federal judge, who instead agreed with the software giant that the asserted technology claims ineligible subject matter (IPLearn-Focus LLC v. Microsoft Corp., No. 14-151, N.D. Calif.; 2015 U.S. Dist. LEXIS 90077).

Mealey's Insurance - Methodology Fatal To Expert Opinions In Infringement Case, Magistrate Judge Says

SAN JOSE, Calif. - A California federal magistrate judge on July 5 excluded most royalty and damages opinions of two experts in a patent dispute, saying that the experts' "methodologically unsound opinion testimony" should not be presented to a jury (Good Technology Corporation, et al., v. MobileIron, Inc., No. 5:12-cv-05826, N.D. Calif.; 2015 U.S. Dist. LEXIS 87347).