NEW YORK - The judge overseeing New York City's asbestos litigation allowed an action alleging mesothelioma arising from exposure to Colgate-Palmolive Co.'s consumer talc product to proceed, rejecting challenges to its timeliness, the admissibility of experts and the causation evidence in an opinion posted June 29 (In re New York City Asbestos Litigation Jay Alan Feinberg, et al. v. Colgate-Palmolive Co., et al., No. 190070/2011, N.Y. Sup., New York Co.; 2016 N.Y. Misc. LEXIS 2360).
LOS ANGELES - A California federal judge on June 28 denied an estate's motion to remand claims asserted in relation to a deceased seaman, finding that removal was appropriate under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (Maren Miller v. Tri Marine Fish Company, et al., No. 16-02203, C.D. Calif.; 2016 U.S. Dist. LEXIS 83936).
MINNEAPOLIS - Former professional hockey players say in a June 27 briefing to the judge overseeing the National Hockey League (NHL) concussion multidistrict litigation that an insurance company gathering documents for discovery has overestimated its burden (In re: National Hockey League Players Concussion Injury Litigation, MDL No. 14-2551, D. Minn.).
MARSHALL, Texas - Citing a plaintiff's stated intent to seek only monetary damages in connection with its patent infringement lawsuit, a Texas federal magistrate judge on June 28 found that a stay of the case pending resolution of an inter partes review (IPR) by the Patent Trial and Appeal Board (the board) would not result in undue prejudice (SSL Services LLC v. Cisco Systems Inc., No. 15-433 E.D. Texas; 2016 U.S. Dist. LEXIS 83370.).
ATLANTA - The 11th Circuit U.S. Court of Appeals on June 29 affirmed a lower federal court's ruling that a government agency did not act arbitrarily or capriciously when it rejected a peanut farmer's crop insurance claim (Spring Creek Farming Co. v. Federal Crop Insurance Corp., et al., No. 15-14818, 11th Cir.; 2016 U.S. App. LEXIS 11844).
ST. LOUIS - A federal magistrate judge in Missouri on June 29 remanded to state court a personal injury lawsuit brought by two men who contend that they contracted cancer as a result of exposure to polychlorinated biphenyls (PCBs) manufactured by Monsanto Co., ruling that the federal officer removal statute had been applied to the case improperly (Thomas Kelly, et al. v. Monsanto Co., et al., No. 15-01825, E.D. Mo.).
NEW YORK - A Second Circuit U.S. Court of Appeals panel on June 27 affirmed the cancellation of a federal trademark for pizza restaurants on the grounds that a family member fraudulently obtained federal registration for the mark long used by his family's chain of pizzerias (MPC Franchise LLC, et al. v. Brent Tarntino, No. 15-717-cv, 2nd Cir.; 2016 U.S. App. LEXIS 11698).
TRENTON, N.J. - A flood insurer is required to pay for some of the damages associated with an oil leak from an abandoned underground oil tank because the flooding during Superstorm Sandy clearly caused residual oil to leak from the tank, a New Jersey federal judge said June 29 (Philip and Renee Weisbecker v. Janet Szalkowski, et al., No. 14-55, D. N.J.; 2016 U.S. Dist. LEXIS 84128).
DALLAS - A federal judge in Texas on June 28 substantially denied an insurer's motion to dismiss in a third-party insurance dispute with a for-profit hospital, ruling that the hospital has properly pleaded all but two of its claims, which it conceded required dismissal (Texas General Hospital LP, et al. v. United Healthcare Services Inc., et al., No. 15-2096, N.D. Texas; 2016 U.S. Dist. LEXIS 84082).
TRENTON, N.J. - A New Jersey federal judge on June 29 reinstated a Plavix whistle-blower lawsuit after the U.S. Supreme Court ruled that false certification of compliance with federal regulations can be a basis for liability in such suits (United States of America, ex rel. Elisa Dickson v. Bristol-Myers Squibb Co., et al., No. 13-1039, D. N.J.).
BAKERSFIELD, Calif. - On June 29, the morning a California jury was set to begin deliberations over how much a school district should pay a former student who sustained a severe brain injury during a pep rally, his attorneys announced that the school district had settled the suit for $10.5 million (Mitchell Carter v. Kern High School District, No. S1500-CV-275395, Calif. Super., Kern Co.).
NEW YORK - The Second Circuit U.S. Court of Appeals on June 29 affirmed a trial court's decision that a bank had standing to foreclose on a property and found that it did not err in granting summary judgment for the bank (OneWest Bank N.A. v. Robert W. Melina, et al., No. 15-3063, 2nd Cir.; 2016 U.S. App. LEXIS 11862).
JEFFERSON CITY, Mo. - A man's attempt to intervene in a lawsuit brought by the Missouri Petroleum Storage Tank Insurance Fund Board of Directors against ConocoPhillips Co. and Phillips 66 Co. (collectively, Phillips) was properly denied by a state court judge, the Missouri Supreme Court ruled June 28, holding that the man's motion did not articulate a specific, legally protectable interest in the lawsuit (State of Missouri, ex rel. Attorney General Chris Koster, et al. v. ConocoPhillips Company, et al., No. SC95444, Mo. Sup.; 2016 Mo. LEXIS 209).
CHICAGO - A judge did not err in allowing historical cell site analysis testimony because that testimony was corroborated by other witnesses and evidence, the Seventh Circuit U.S. Court of Appeals held June 28, upholding a jury's conviction of arson (United States of America v. Juan Adame, No. 15-1196, 7th Cir.; 2016 U.S. App. LEXIS 11829).
DETROIT - Michigan Gov. Rick Snyder and state officials on June 27 filed a brief in Michigan federal court arguing that a lawsuit brought against them pertaining to the lead-contaminated drinking water in the City of Flint should be dismissed because the plaintiffs fail to state claim under federal law, and the plaintiffs have failed to a substantive due process claim under the 14th Amendment to the U.S. Constitution (Melissa Mays, et al. v. Gov. Rick Snyder, et al., No. 15-14002, E.D. Mich.).
TRENTON, N.J. - The New Jersey federal judge overseeing the Plavix multidistrict litigation on June 29 denied a motion by defendants Bristol-Myers Squibb Co. and Sanofi-Aventis U.S. LLC to enforce MDL discovery agreements on the State of Hawaii in its state court case (In Re: Plavix Marketing, Sales Practices and Products Liability Litigation [No. II], MDL Docket No. 2418, No. 13-2418, D. N.J.).
BALTIMORE - Pallet Cos., doing business as IFCO Systems NA Inc., will pay $202,200 and provide equitable relief to settle one of the Equal Employment Opportunity Commission's first lawsuits alleging gender discrimination based on sexual orientation, the EEOC announced June 28 (U.S. Equal Employment Opportunity Commission v. Pallet Companies d/b/a IFCO Systems NA, Inc., No. 16-595, D. Md.).
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on June 29 reversed a lower federal court's grant of summary judgment in favor of an insurer on its duty to indemnify its engineering firm insured and the firm's employee against five underlying lawsuits arising from a fatal accident at a nuclear-powered energy plant (Hartford Casualty Insurance Co., et al v. DP Engineering L.L.C., et al., No. 15-10443, 5th Cir.; 2016 U.S. App. LEXIS 11951).
SAN JOSE, Calif. - In a June 24 reply brief supporting its motion to dismiss negligence and fraud claims against it related to a firm's botched asbestos abatement job, Groupon Inc. tells a California federal court that the homeowner plaintiffs' asserted injuries are actually unrelated to a Groupon voucher that they purchased and for which they subsequently received a full refund (William Mosley, et al. v. Groupon Inc., et al., No. 15-cv-01205, N.D. Calif.).
MIAMI - The special master in the Takata air bag multidistrict litigation on June 24 said that the judge overseeing the MDL should overrule American Honda Co. Inc.'s objections to searching its databases, consumer complaints, claims and lawsuits relating to the "aggressive deployment and non-deployment" of Takata air bags in its vehicles (In re: Takata Airbag Products Liability Litigation, No. 15-02599-CIV-Moreno, MDL No. 5-2599, S.D. Fla.).
PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on June 28 affirmed that an insurance policy's "authorized representative" exclusion bars coverage for an insured's claim seeking reimbursement of $100,000 in losses arising from computer fraud (Southern California Counseling Center v. Great American Insurance Co., No. 14-56169, 9th Cir.; 2016 U.S. App. LEXIS 11825).
NEW YORK - The New York Court of Appeals refused to decide if a trial judge erred in consolidating two asbestos cases for trial, saying in a June 28 opinion that the defendant did not adequately preserve the issue for appeal (In the Matter of New York City Asbestos Litigation; Ruby E. Konstantin, individually and as executrix of the estate of Dave John Konstantin v. 630 Third Ave. Associates, et al., No. 85, N.Y. App.).
NEW YORK - For the second time this month, a New York jury hit boiler maker Burnham LLC with a verdict in an asbestos case, this time awarding a $22 million verdict on June 24 and finding it 25 percent liable for a man's mesothelioma, sources told Mealey Publications (Frank Gondar v. A.O. Smith Water Products Co., et al., No. 190079-2015, N.Y. Sup., New York Co.).
WASHINGTON D.C. - IKEA, in conjunction with the U.S. Consumer Product Safety Commission, on June 28 announced in a press release a recall of up to 29 million MALM chests and dressers; the dressers have tipped over and fallen, resulting in the deaths of six children.