ST. LOUIS - A Missouri appeals panel on May 23 upheld a defense verdict in a medical malpractice suit after finding that a defense attorney did not misconstrue evidence during closing arguments and that the trial court's decision to exclude evidence of potential witness tampering did not prejudice the plaintiff (Jaynee Will v. Pepose Vision Institute P.C., No. ED103949, Mo. App., Eastern Dist., 4th Div., 2017 Mo. App. LEXIS 490).
NEW YORK - A pension fund has properly pleaded a majority of its federal securities law claims alleging that a company, certain of its officers and directors and the underwriters of its initial public offering (IPO) concealed from investors that the company was expected to see a tax increase that would substantially affect revenue, a federal judge in New York ruled May 23 in granting in part and denying in part the defendants' motion to dismiss (Yi Xiang, et al. v. Inovalon Holdings Inc., et al., No. 16-4923, S.D. N.Y., 2017 U.S. Dist. LEXIS 78207).
JACKSONVILLE, Fla. - A Florida state court judge on May 23 declared a mistrial in an Engle progeny suit in which a woman claimed that a tobacco company hid the dangers of smoking from her husband, which led to his lung cancer and death, because the judge gave contradictory jury instructions that may confuse the jury (Lorraine Olson v. R.J. Reynolds Tobacco Co., No. 2008-CA-00396, Fla. 4th Jud. Cir., Duval Co.).
ST. LOUIS - A federal judge in Missouri partially dismissed claims in an insurance dispute over coverage for a renters insurance policy on May 22, ruling that insureds failed show that they could bring a state law claim for breach of fiduciary duty of good faith and fair dealing against their insurer (American Modern Home Insurance Co. v. Aaron Thomas, et al., No. 16-215, E.D. Mo., 2017 U.S. Dist. LEXIS 77302).
SYRACUSE, N.Y. - In a breach of contract dispute over asbestos coverage, a reinsurer opposes in separate briefs filed on May 24 an insurer's request to a New York federal court for summary judgment on reimbursement and allocation issues (Utica Mutual Insurance Co. v. Munich Reinsurance America Inc., No. 12-cv-00196, Munich Reinsurance America Inc. v. Utica Mutual Insurance Co., No. 13-cv-00743, N.D. N.Y.).
GREENVILLE, S.C. - A federal judge in South Carolina on May 24 awarded summary judgment to State Farm Fire and Casualty Insurance Co., ruling that the professional liability exclusion does not require the insurer to provide coverage to a construction inspection company accused of negligence (State Farm Fire and Casualty Insurance Co. v. Morningstar Consultants, Inc., No. 16-01685-MGL, D. S.C., 2017 U.S. Dist. LEXIS 79371).
DENVER - According to published reports, Colorado Gov. John Hickenlooper on May 23 signed into law a bill designed to make it harder to sue developers of condominiums by requiring that a majority of unit owners consent to filing a lawsuit before it can be brought.
SAN FRANCISCO - A California federal judge on May 22 granted final approval of a $1.75 million settlement to be paid by Coach Inc. and Coach Services Inc. (collectively, Coach) to end multiple class wage-and-hour claims, including one brought under California's unfair competition law (UCL) (Mary Lou Ayala, et al. v. Coach, Inc., et al., No. 14-2031, N.D. Calif., 2017 U.S. Dist. LEXIS 77652).
SEATTLE - A Washington federal judge on May 22 stayed a class suit filed by three minors objecting to President Donald J. Trump's immigration-related executive orders pending a ruling in Hawaii v. Trump, No. 17-15589 (9th Cir.) (Juweiya Abdiaziz Ali, et al. v. Donald Trump, et al., No. 17-135, W.D. Wash., 2017 U.S. Dist. LEXIS 77656).
LOS ANGELES - A California federal judge on May 23 granted an insurer's motion for summary judgment on the remaining claims in a production company insured's lawsuit seeking coverage for damages caused by a train accident that killed a camera technician and injured the film's director and several crew members (Film Allman LLC v. New York Marine and General Insurance Co., Inc., No 14-7069, C.D. Calif., 2017 U.S. Dist. LEXIS 79139).
PHILADELPHIA - The Third Circuit U.S. Court of Appeals on May 22 affirmed a district court's dismissal of a property owner's complaint in relation to the denial of his loan modification application, finding that he failed to plead any facts to support his claims against the Consumer Financial Protection Bureau (CFPB) (Scott E. Robinson v. Consumer Financial Protection Bureau, et al., No. 17-1458, 3rd Cir., 2017 U.S. App. LEXIS 8898).
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on May 22 affirmed a district court's finding that a disability claimant waived his rights to contest the termination of his disability benefits because the claimant signed a waiver of all rights, including his rights to contest the termination of his disability claim, as part of a settlement with his former employer for wrongful termination claims (Thomas A. Gonda v. The Permanente Medical Group Inc., et al., No. 15-16484, 9th Cir., 2017 U.S. App. LEXIS 8888).
EAST ST. LOUIS, Ill. - A Depakote birth defect trial got under way on May 23 in an Illinois federal court (E.G., et al. v. Abbott Laboratories Inc., No. 15-702, S.D. Ill.).
HARRISBURG, Pa. - Johnson & Johnson on May 24 agreed to an injunction regarding recalled over-the-counter drugs and to pay $33 million to 42 states for violations of their respective consumer protection laws (Commonwealth of Pennsylvania, et al. v. Johnson & Johnson Consumer Inc., et al., No. 2017-cv-4007, Pa. Comm. Pls., Dauphin Co.).
NEW ORLEANS - A man's claims that his employer used products originally supplied by a defendant and that his work in two facilities could have put him in contact with other asbestos-containing products from the supplier create enough of a case to overcome claims that the defendant was improperly joined to defeat complete diversity, a federal judge in Louisiana held in remanding a case on May 22 (Ronald Smith v. Georgia-Pacific LLC, et al., No. 17-4698, E.D. La., 2017 U.S. Dist. LEXIS 77044).
NEW YORK - An appeals panel in New York on May 23 reversed a lower court's ruling and concluded that tenants who sued their landlord alleging injuries from exposure to lead-based paint had made a valid request to compel discovery pertaining to potential lead violations in the entire building where their apartment was located (Z.D., by her mother and natural guardian Zaimah A. v. MP Management LLC, No. 3436N, 26043/14, N.Y. Sup., App. Div., 1st Dept.; 2017 N.Y. App. Div. LEXIS 3989).
LOS ANGELES - A dispute between competing car clubs over the "Stylistics" trademark was resolved in favor of a plaintiff on May 23, when a California federal judge awarded summary judgment (Gilbert Lerma Jr. v. Ernie Armijo, et al., No. 15-9953, C.D. Calif., 2017 U.S. Dist. LEXIS 77575).
BROOKLYN, N.Y. - Two medical experts lack the qualifications and reliable methodology to opine that a mother's use of an anti-epileptic drug linked to birth defects caused her son's severe birth defects, so summary judgment for the drugmaker is warranted on the mother's failure-to-warn claims, a New York federal magistrate judge held May 22 (N.K., an infant, by his mother and natural guardian, Tanja Bruestle-Kumra v. Abbott Laboratories, No. 14-cv-4875, E.D. N.Y., 2017 U.S. Dist. LEXIS 77461).
NEW YORK - A United Kingdom entity and a Luxembourg company on May 19 filed a petition in a New York federal court, seeking to confirm a $143,302,395 international arbitral award issued in their favor and against the Kingdom of Spain (Eiser Infrastructure Limited, et al. v. Kingdom of Spain, No. 1:17-cv-03808, S.D. N.Y.).
WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on May 19 registered a request by an English exploration entity, commencing arbitration under the Energy Charter Treaty (ECT) against the Republic of Italy (Rockhopper Italia S.p.A., Rockhopper Mediterranean Ltd, and Rockhopper Exploration Plc v. Italian Republic, No. ARB/17/14, ICSID).
SAN FRANCISCO - A California federal magistrate judge properly found that Google Inc. could be subpoenaed to provide foreign-stored user data under the Stored Communications Act (SCA), the U.S. government says in a May 19 brief opposing Google's motion for de novo review of the magistrate's ruling (In the Matter of the Search of Content That is Stored at Premises Controlled by Google, No. 3:16-mc-80263, N.D. Calif.).
MILWAUKEE - Plaintiffs alleging that they were undercompensated by their health plan's systemic miscalculation of reasonable out-of-network charges may bring potentially duplicative claims while the court works out the injuries and appropriate remedies, a federal judge in Wisconsin held May 22 (Brenten George and Denise Valente-McGee v. CNH Health & Welfare Benefit Plan, et al., No. 16-1678, E.D. Wis., 2017 U.S. Dist. LEXIS 77437).