LAS VEGAS - A Nevada federal judge on June 4 denied emergency motions for leave to file excess pages and motion to strike an affidavit filed by insurers in a coverage dispute with another insurer regarding an underlying construction defect action against a mutual insured (United National Insurance Co. v. Assurance Company of America and Maryland Casualty Co., No. 10-01086, D. Nev.; 2014 U.S. Dist. LEXIS 77499).
SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on June 5 denied an emergency petition filed by the National Collegiate Athletic Association seeking to delay the bench trial on student athletes' antitrust claims, scheduled to start June 9, until after a jury trial on student athletes' right-of-publicity claims occurs (In re: National Collegiate Athletic Association, National Collegiate Athletic Association v. United States District Court for the Northern District of California, Oakland, No. 14-71522, 9th Cir.).
NEW YORK - Bankruptcy pizzeria chain Sbarro LLC on June 2 filed its official notice disclosing to all creditors that its Chapter 11 bankruptcy plan was effective as per the decision by the federal bankruptcy judge in the U.S. Bankruptcy Court for the Southern District of New York, who approved the reorganization plan on May 19 (In Re: Sbarro LLC, No. 14-10557, Chapter 11, S.D. N.Y. Bkcy.).
LANSING, Mich. - The Michigan House of Representatives on May 22 passed the Michigan Financial Review Commission Act (MFRCA) by a vote of 103-7, establishing a commission within the Michigan Department of Treasury to assist cities facing financial emergencies. The measure awaits action in the Michigan Senate.
HARRISBURG, Pa. - A federal judge in Pennsylvania overseeing a wrongful termination and retaliation suit on May 20 ordered the parties to share the costs of a forensic examination of the plaintiff's computer and denied in part the plaintiff's motion to bar his former employer from serving subpoenas on prospective employers, ruling that the information was relevant to the mitigation of damages (Richard F. Zeller v. South Central Emergency Medical Services Inc., et al., No. 13-CV-2584, M.D. Pa.; 2014 U.S. Dist. LEXIS 68940).
WILMINGTON, Del. - The indenture trustee for $2,156,000,000 in what are called second lien notes issued by bankrupt Energy Future Intermediate Holdings Co. LLC (EFIH) on May 14 moved in the U.S. Bankruptcy Court for the District of Delaware for an emergency ruling by the Bankruptcy Court (In Re: Energy Future Holdings Corp., No. 14-10979, Chapter 11, D. Del. Bkcy.).
ST. PAUL, Minn. - In an unpublished May 5 opinion, a Minnesota appeals court affirmed a decision denying payment under Medicaid for a plaintiff's long-term care, saying that federal and state law provided coverage only for emergency medical conditions for unqualified "aliens" (Sekou Bamba v. Minnesota Department of Human Services, et al., No. A13-1717, Minn. App.; 2014 Minn. App. Unpub. LEXIS 423).
NEW ORLEANS - A Louisiana federal judge on April 25 granted a motion by the Department of Homeland Security and Federal Emergency Management Agency seeking to dismiss an insured's claims for declaratory relief on extracontractual damages in a Hurricane Isaac coverage dispute (Pearl Gloston v. Department Of Homeland Security, et al., No. 13-6471 SECTION "F," E.D. La.; 2014 U.S. Dist. LEXIS 57940).
WILMINGTON, Del. - Bankrupt Revstone Industries LLC and its affiliate TPOP LLC on April 20 filed a brief objecting to the emergency motion of the Official Committee of Unsecured Creditors, contending that the thousands of emails that constitute the settlement communications between Revstone and the Pension Benefit Guaranty Corp. (PBGC) are not discoverable under Federal Rules of Evidence (In Re: Revstone Industries LLC, No. 12-13262, Chapter 11, D. Del. Bkcy.).
WILMINGTON, Del. - Bankrupt Overseas Shipholding Group Inc. (OSG) on April 16 moved in the U.S. Bankruptcy Court for the District of Delaware for approval of $935 million in exit financing with Goldman Sachs Bank NA, which it says will allow the company to emerge "expeditiously" from Chapter 11 bankruptcy (In Re: Overseas Shipholding Group Inc., No. 12-20000, Chapter 11, D. Del. Bkcy.).
CORPUS CHRISTI, Texas - A Texas federal judge on April 17 denied a couple's emergency motion seeking an order compelling an auto manufacturer to issue a "Park It Now" alert for its vehicles subject to a massive product recall (Charles Silvas, et al. v. General Motors LLC, No. 14-cv-89, S.D. Texas).
BOSTON - Massachusetts' emergency ban on the prescribing of the opioid drug Zohydro ER is preempted by federal law, a federal judge ruled April 15 in granting manufacturer Zogenix Inc.'s motion for a preliminary injunction (Zogenix, Inc. v. Deval Patrick, et al., No. 14-689, D. Mass.).
NEW ORLEANS - There are factual disputes as to the existence, transmission, receipt and sufficiency of a fourth proof of loss seeking additional coverage for Hurricane Isaac damage, a Louisiana federal judge ruled April 14, denying a motion for summary judgment filed by the Federal Emergency Management Agency (FEMA) in an insured's breach of contract lawsuit (Ivory Burks v. State Farm Fire and Casualty Co., et al., No. 13-6490 SECTION "E", E.D. La.; 2014 U.S. Dist. LEXIS 51220).
BOSTON - A Massachusetts federal judge on April 14 deferred her ruling on a temporary restraining order (TRO) and temporary injunction against the state government's ban on the new hydrocodone drug Zohydro as part of a public health emergency (Zogenix, Inc. v. Deval Patrick, et al., No. 14-689, D. Mass.).
NEW ORLEANS - An insured's failure to submit a third proof of loss claiming any additional amounts owed for Hurricane Isaac damage prevents her from bringing a lawsuit against Federal Emergency Management Agency, a Louisiana federal judge ruled April 14 (Edna Barnes v. Allstate Insurance Co., et al., No. 13-5490 SECTION "E", E.D. La.; 2014 U.S. Dist. LEXIS 51218).
SAN FRANCISCO - Noting that the issue was a matter of first impression in the circuit, the Ninth Circuit U.S. Court of Appeals on April 8 granted an emergency injunction pending appeal to halt the implementation of an Arizona law prohibiting the use of certain drugs to induce abortions (Planned Parenthood of Arizona Inc., et al. v. William Humble, director of the Arizona Department of Health Services, No. 14-15624, 9th Cir.).
BOSTON - As part of a newly declared public health emergency, Massachusetts on March 27 prohibited the prescribing and dispensing of the new opioid drug Zohydro ER until there are adequate measures to safeguard against diversion, overdose and misuse, according to a press release from Gov. Deval Patrick's office.
SEATTLE - In a March 31 order, a Ninth Circuit U.S. Court of Appeals panel denied an actress' emergency motion seeking a finding of contempt and sanctions against Google Inc. for its purported failure to comply with the panel's previous order requiring takedown of an anti-Muslim film at the center of a copyright infringement lawsuit (Cindy Lee Garcia v. Google Inc., et al., No. 12-57302, 9th Cir.).
LOS ANGELES - The federal judge presiding over the appeal of GGW Global Brands LLC, an entity formed by the president of bankrupt GGW Brands LLC - the parent company for makers of adult videos that carry the name "Girls Gone Wild"- on March 25 denied GGW Global's emergency motion for a writ of mandamus as "moot" (GGW Global Brands LLC v. GGW Marketing LLC [In Re: GGW Brands LLC], No. 13-08255, Chapter 11, C.D. Calif.).
CORPUS CHRISTI, Texas - A Texas couple filed an emergency motion in federal court on March 24 seeking an order compelling an auto manufacturer to issue a "Park It Now" alert for its vehicles subject to a massive product recall (Charles Silvas, et al. v. General Motors LLC, No. 14-cv-89, S.D. Texas).
LOS ANGELES - GGW Global Brands LLC, an entity formed by the president of bankrupt GGW Brands LLC, the parent company for makers of adult videos that carry the name "Girls Gone Wild," on March 19 filed an emergency motion for a writ of mandamus in the U.S. District Court for the Central District of California, contending that the District Court should order the Bankruptcy Court to immediately file the certificate of readiness and completion of record for the bankruptcy or else the debtor "could suffer substantial irreparable harm" (GGW Global Brands LLC v. GGW Marketing LLC [In Re: GGW Brands LLC], No. 13-08255, Chapter 11, C.D. Calif.).
DETROIT - Two residents of the bankrupt City of Detroit on March 17 filed a brief in the U.S. Bankruptcy Court for the Eastern District of Michigan, arguing that the Bankruptcy Court should appoint a "limited purpose" trustee because of the emergency manager's "bad faith discharge of fiduciary responsibility" (In Re: City of Detroit, No. 13-53846, Chapter 9, E.D. Mich. Bkcy.).
WASHINGTON, D.C. - The U.S. House on March 11 passed a trio of bills seeking to grant additional religious exemptions from the Patient Protection and Affordable Care Act (ACA)'s individual mandate and excluding military personnel and emergency services volunteers from the law's individual and employer mandates.