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American Airlines, US Airways: Government Wrong; November Trial Date 'Reasonable'

WASHINGTON, D.C. - US Airways Inc. and American Airlines Inc. filed a joint reply brief I in the U.S. District Court for the District of Columbia on Aug. 28, arguing that the U.S. Department of Justice's (DOJ) motion to set a March trial date for the prosecution of its antitrust lawsuit opposing the merger of the two airlines would cause risk and harm to American Airlines' ability to emerge from Chapter 11 bankruptcy (United States of America v. US Airways Inc., et al., No. 13-01236, D. D.C.).

California Federal Judge Dismisses Conspiracy Claims Against Kaiser, Union

SAN DIEGO - A hospital system failed to allege that a managed care organization and its related entities conspired with a labor union to exclude competition in the markets for emergency and acute-care hospital services, a federal judge in California ruled July 25 (Prime Healthcare Services, Inc. v. Service Employees International Union, et al., No. 11-2652, S.D. Calif.; 2013 U.S. Dist. LEXIS).

Operator Of Tunnel Between Detroit And Windsor, Ontario, Files For Bankruptcy

NEW YORK - The private company that owns and operates the tunnel between the City of Detroit and Windsor, Ontario - as well as other toll roads in the United States - filed a prepackaged Chapter 11 bankruptcy on July 25 under which the debtor would emerge from bankruptcy under the ownership of Syncora Holdings Inc. with no outstanding debt (In Re: American Rodes LLC, No. 13-12412, Chapter 11, S.D. N.Y. Bkcy.).

Detroit Files For Chapter 9 Bankruptcy; Cash Flow At Negative $198.5M

DETROIT - The City of Detroit on July 18 filed for Chapter 9 bankruptcy in the U.S. Bankruptcy Court for the Eastern District of Michigan as its emergency manager declared that the city is insolvent and that, absent restructuring, he projects cash flows of negative $198.5 million in the current fiscal year, with that number likely to jump to negative $260.4 million in fiscal year 2015 (In Re: City of Detroit, No. 13-53846, Chapter 9, E.D. Mich. Bkcy.).

Federal Judge Rules In FEMA's Favor In FOIA Suit Involving Flood Claims

ST. LOUIS - The Federal Emergency Management Agency validly withheld disclosure of flood claim information under an exemption to disclosure under the Freedom of Information Act (FOIA), a Missouri federal judge ruled July 15 (Steve Ehlmann v. United States Department Of Homeland Security, No. 4:12 CV 1392 RWS, E.D. Mo., Eastern Div.; 2013 U.S. Dist. LEXIS 98203).

Rothstein Trustee: Victims Of Ponzi Scheme Are Trying To 'Derail Confirmation'

FORT LAUDERDALE, Fla. - The trustee in the Chapter 11 bankruptcy of former law firm Rothstein Rosenfeldt Adler (RRA) on July 7 moved in bankruptcy court to strike down an emergency motion filed by victims of the Ponzi scheme run by former RRA partner Scott Rothstein. The trustee argues that the victims' motion is an attempt to "derail the confirmation process" (In Re: Rothstein Rosenfeldt Adler, No. 09-34791, Chapter 11, S.D. Fla. Bkcy.).

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Chief Justice Denies Request To Shut Down NLRB

WASHINGTON, D.C. - U.S. Supreme Court Chief Justice John G. Roberts Jr. on July 2 denied an emergency application filed a day earlier seeking to halt National Labor Relations Board proceedings pending a decision on the dispute over "recess" appointments to the NLRB (CSC Holdings, LLC, et al. v. National Labor Relations Board, No. 13A20, U.S. Sup.).

Emergency Application Filed With U.S. High Court Seeking To Halt NLRB Actions

WASHINGTON, D.C. - CSC Holdings LLC and its direct subsidiary Cablevision Systems New York City Corp. filed an emergency application with Chief Justice John G. Roberts Jr. on July 1 seeking to halt National Labor Relations Board (NLRB) proceedings concerning unfair labor practice charges pending a decision on the dispute over "recess" appointments to the NLRB (CSC Holdings, LLC, et al. v. National Labor Relations Board, No. N/A, U.S. Sup.).

Jefferson County, Ala., Plan Calls For JPMorgan Chase To Cut Claims To $1.9B

BIRMINGHAM, Ala. - Bankrupt Jefferson County, Ala., on June 30 filed is Chapter 9 plan in the U.S. Bankruptcy Court for the Northern District of Alabama in which JPMorgan Chase Bank would agree to reduce its $3.2 billion in claims to $1.9 billion in order for the county to emerge from bankruptcy (In Re: Jefferson County, Ala., No. 11-5736, Chapter 9, N.D. Ala. Bkcy.).

Ohio Appeals Panel Upholds Medical Malpractice Award In Wrongful Death Case

WARREN, Ohio - The 11th District Ohio Court of Appeals on June 24 affirmed a $556,779.15 award in a wrongful death case involving an emergency room patient, concluding that the trial court did not err by allowing expert testimony regarding the applicable standard of trauma care (Ann M. O'Malley v. Forum Health, et al., No. 2012-T-0090, Ohio App., 11th Dist.; 2013 Ohio App. LEXIS 2600).

2nd Circuit Lifts Stay On 2-Pill Plan B Contraceptive, Expedites FDA's Appeal

NEW YORK - The Second Circuit U.S. Court of Appeals on June 5 said the federal government failed to meet the standard to obtain a stay of a lower court order that the Food and Drug Administration immediately make the older, two-pill Plan B emergency contraceptive available without prescription and without age or sales restrictions (Annie Tummino, et al. v. Margaret Hamburg, et al., No. 13-1690, 2nd Cir.).

Government Must Convince 2nd Circuit To Stay Order For Plan B Contraceptive

NEW YORK - The federal government will be forced to make its case for a permanent stay of a court order lifting all restrictions on Plan B emergency contraceptives after a Second Circuit U.S. Court of Appeals judge on May 13 granted only an extension of a trial judge's temporary stay (Annie Tummino, et al. v Margaret Hamburg, et al., No. 13-1690, 2nd Cir.).

California Appeals Court Affirms Hospital Has No Duty To Prevent Balance Billing

SAN JOSE, Calif. - A California appeals court panel held in a May 9 unpublished opinion that a hospital has no duty to inform patients admitted to the emergency room that emergency room physicians do not accept a particular health care plan and to take action to prevent emergency room physicians from "balance billing" (Maria Leon, et al. v. Watsonville Hospital Corp., No. H037288, Calif. App., 6th Dist.; 2013 Cal. App. Unpub. LEXIS 3297).

Citing Politics, Judge Will Let 2nd Circuit Stay His Plan B Access Order

BROOKLYN, N.Y. - Saying that the U.S. secretary of Health and Human Services is playing politics and that the Food and Drug Administration inked a "sweetheart" deal with Teva Women's Health, a New York federal judge on May 10 granted only a temporary stay of his order for unrestricted sale of the Plan B emergency contraceptives and said the government will have to ask a federal appeals court to issue its own stay because he doubts its likelihood of success (Annie Tummino v. Margaret Hamburg, et al., No. 12-763, E.D. N.Y.).

'Girls Gone Wild' Trustee: Offshore Transfers Fraudulent; Immediate Action Needed

LOS ANGELES - The Chapter 11 trustee in the bankruptcy proceeding of GGW Brands LLC, the parent company for the company that produces adult videos under the name "Girls Gone Wild," on May 8 filed an emergency motion seeking authorization to review certain email files, arguing that the company is making fraudulent transfers to an off-shore business entity (In Re: GGW Brands LLC, No. 13-15130, Chapter 11, C.D. Calif. Bkcy.).

Government Seeks Stay Of Plan B Contraceptive Order Pending 2nd Circuit Appeal

BROOKLYN, N.Y. - The federal government on May 1 asked a judge to stay, pending appeal, his order that the Food and Drug Administration make all Plan B emergency contraceptive products available without age or point-of-sale restrictions, saying the court exceeded its authority in ordering the agency to approve a drug (Annie Tummino, et al. v. Dr. Margaret Hamburg, et al., No. 1:12-763, E.D. N.Y.).

FDA Makes Plan B One-Step Available To 15-Year-Olds Without A Prescription

WASHINGTON, D.C. - While the U.S. Justice Department decides how to respond to a judge's order 20 days earlier to make the Plan B emergency contraceptive available to all women without a prescription, the Food and Drug Administration on April 30 said it independently granted an application by Teva Women's Health Inc. to make the newer Plan B One-Step available for use by women 15 years and older without a prescription and without having to get it from a pharmacist.

Doctor's Experience-Based Opinion OK In Police Abuse Case, 11th Circuit Finds

ATLANTA - A trial court did not err in allowing an emergency room doctor to opine for the defense regarding injuries allegedly sustained by a plaintiff in an excessive force case, an 11th Circuit U.S. Court of Appeals panel held April 8 (Brian Jones v. Stanley Webb, No. 12-11591, 11th Cir.; 2013 U.S. App. LEXIS 7025).

5th Circuit Panel Affirms Dismissal Of Louisiana Claims In FEMA Trailer Litigation

NEW ORLEANS - A unanimous Fifth Circuit U.S. Court of Appeals panel issued an opinion April 9 affirming dismissal of the Louisiana plaintiffs' claims against the Federal Emergency Management Agency for providing portable trailers as emergency housing in response to hurricane damage in 2005 (In re FEMA Trailer Formaldehyde Products Liability Litigation (Louisiana Plaintiffs), No. 12-30635, 5th Cir.).

Judge Orders FDA To Take Age Restrictions Off Plan B Emergency Contraceptive Pill

BROOKLYN, N.Y. - Saying the U.S. secretary of Health and Welfare acted in an arbitrary, capricious and unreasonable way, a New York federal judge on April 4 ordered the Food and Drug Administration to grant a citizen petition to make the Plan B emergency contraceptive available without prescription to women of all ages within 30 days (Annie Tummino, et al. v. Margaret Hamburg, et al., No. 12-763, E.D. N.Y.).

Magistrate Allows Insured To Add Breach Of Contract Claim For Repudiation Against FEMA

NEWARK, N.J. - A New Jersey federal magistrate judge on March 27 granted an insured's motion to amend his complaint to assert an additional breach of contract claim for repudiation against the Federal Emergency Management Agency (FEMA), but refused to allow the insured to assert a declaratory judgment claim in his lawsuit seeking coverage for Hurricane Irene flood damage (Christopher Jakubowski v. FEMA, No. 2:12-cv-02202 $(CCC$) $(JAD$), D. N.J.; 2013 U.S. Dist. LEXIS 43789).

Michigan Federal Judge Denies Temporary Injunction In Birth Control Suit

DETROIT - A Michigan federal judge on March 22 denied an emergency motion for a temporary injunction brought by a natural foods company and its owner, who are seeking to halt the implementation of the "birth control mandate" contained in the Patient Protection and Affordable Care Act (PPACA) (Eden Foods Inc., et al. v. Kathleen Sebelius, et al., No. 13-11229, E. D. Mich.; 2013 U.S. Dist. LEXIS 40768).

AED Failures Prompt FDA To Require Premarket Approval Of Emergency Heart Devices

ROCKVILLE, Md. - After receiving about 45,000 reports of failures of automated external defibrillators (AEDs) over an eight-year period, the Food and Drug Administration on March 22 proposed that manufacturers be required to submit premarket approval (PMA) applications for the devices.

Michigan Governor Names Detroit's Emergency Financial Manager

DETROIT - The Michigan Local Financial Emergency Assistance Board on March 14 approved Gov. Rick Snyder's appointment of bankruptcy attorney Kevyn Orr as the emergency financial manager for the City of Detroit.