WASHINGTON, D.C. - Because the Health Insurance Portability and Accountability Act (HIPAA) does not provide for a private cause of action, a District of Columbia federal judge on June 15 granted a diagnostic laboratory's motion to dismiss a complaint alleging that the lab violated the act by not furnishing patients with ample privacy while obtaining their personal health information (PHI) (Hope Lee-Thomas v. Laboratory Corporation of America, No. 1:18-cv-00591, D. D.C., 2018 U.S. Dist. LEXIS 100428).
COVINGTON, Ky. - A federal judge in Kentucky on June 19 adopted a magistrate judge's June 15 recommendation to order a man who pleaded guilty to three counts of aiding and abetting insurance fraud to serve 14 months in prison for violating the conditions of his supervised release (United States of America v. Roben Casey Bykovny, No. 15-36-DLB-CJS-7, E.D. Ky.).
CINCINNATI - The Sixth Circuit U.S. Court of Appeals on June 18 denied a petition for rehearing en banc filed by former employees of Norton Healthcare Inc. challenging lump-sum pension payments after an appellate panel on May 10 vacated a district court's grant of summary judgment in favor of the retirees (Elizabeth A. Clemons, et al. v. Norton Healthcare Inc Retirement Plan, Nos. 16-5063, -5124, 6th Cir., 2018 U.S. App. LEXIS 16428).
NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on June 18 rejected an appeal by a former veterans home worker who challenged a verdict in her former employer's favor and the jury instructions in her disability bias suit filed after she was terminated while placed on light-duty tasks following a back injury (Tamisha Pegues v. Mississippi State Veterans Home, No. 17-60766, 5th Cir., 2018 U.S. App. LEXIS 16373).
ATLANTA - The 11th Circuit U.S. Court of Appeals on June 18 dismissed an appeal by insureds seeking coverage for mold damages after determining that jurisdiction does not exist because the district court did not issue a final and appealable judgment against the insureds (A. Denise Aldridge, et al. v. Travelers Home and Marine Insurance Co., No. 18-11310, 11th Cir., 2018 U.S. App. LEXIS 16406).
LONDON - An English appeals panel on June 19 denied an appeal filed by the Republic of Kazakhstan and its national bank, holding that the Bank of New York Mellon SA/NV can freeze $22.6 billion held in Kazakhstan's national fund in relation to an attempt by investors to obtain payment of a $497,685,101 arbitral award (National Bank of Kazakhstan, et al. v. The Bank of New York Mellon SA/NV, No.  EWCA 1390, England and Wales High, Comm.).
WASHINGTON, D.C. - A federal judicial panel will hear arguments July 26 on whether to centralize 55 hernia mesh cases filed against C.R. Bard Inc., Davol Inc. and Becton Dickinson (In Re: Davol, Inc./C.R. Bard, Inc., Polypropylene Hernia Mesh Products Liability Litigation, MDL Docket No. 2846, JPMDL).
BOSTON - A federal judge in Massachusetts on June 15 substantially dismissed a shareholder class action lawsuit, ruling that lead plaintiffs failed to cure a number of pleading deficiencies noted by the judge during oral arguments on several motions to dismiss filed by the defendants in the action (Steven Tharp v. Acacia Communications Inc., et al., No. 17-11504, D. Mass., 2018 U.S. Dist. LEXIS 100687).
MINNEAPOLIS - A Minnesota federal judge on June 15 dismissed a complaint alleging that Target Corp. and its 401(k) plan failed to protect its 401(k) plan participants despite allegedly knowing that the company's stock was artificially inflated after determining that the plaintiffs failed to sufficiently allege facts in support of their claims (Ann Dormani, et al. v. Target Corp., et al., No. 17-4049, D. Minn., 2018 U.S. Dist. LEXIS 100391).
ALEXANDRIA, Va. - A federal judge in Virginia overseeing lawsuits stemming from flooring sold by Lumber Liquidators Inc. that contained excessive levels of formaldehyde and suits contending that the company's flooring prematurely scratched, chipped, warped and stained on June 15 preliminarily approved a $36 million settlement to resolve the litigations (In re: Lumber Liquidators Chinese-Manufactured Laminate Flooring Products Marketing, Sales Practices and Products Liability Litigation, MDL 2627, No. 15-md-2627, In re: Lumber Liquidators Chinese-Manufactured Laminate Flooring Durability Marketing and Sales Practices Litigation, MDL 2743, No. 16-md-2743, E.D. Va.).
MINNEAPOLIS - Costs to repair and replace an insured's insulating glass units (IGUs) are precluded by the "your product" exclusion, a Minnesota federal judge ruled June 18, granting and denying in part summary judgment to an insurer (National Union Fire Insurance Company of Pittsburgh, PA v. Viracon Inc., No. 16-482, D. Minn., 2018 U.S. Dist. LEXIS 101449).
NEW ORLEANS - Shipbuilder Huntington Ingalls Inc. on June 18 appealed yet another case in which it was denied federal jurisdiction over negligence claims involving its alleged mishandling of, and failure to warn about the dangers of, asbestos the U.S. Navy required for use in its ships (Gregory Brown v. Albert Bossier Jr., et al., No. 18-30730, 5th Cir.).
SAN FRANCISCO - A California federal judge did not err in granting Jack in the Box Inc. (JIB) summary judgment on its allegations that a franchisee committed breach of contract and trademark infringement, the Ninth Circuit U.S. Court of Appeals ruled June 18 in a per curiam opinion (Jack in the Box Inc. v. Deepak Mehta, et al., No. 17-15336, 9th Cir., 2018 U.S. App. LEXIS 16362).
NEW YORK - A federal judge erred in dismissing a securities fraud lawsuit because investors properly alleged a "domestic transaction" under Section 10(b) of the Securities Exchange Act of 1934, a Second Circuit U.S. Court of Appeals panel ruled June 19 in reversing and remanding the action to the district court (Ryan Giunta, et al. v. James B. Dingman, et al., No. 17-1375, 2nd Cir., 2018 U.S. App. LEXIS 16407).
PHILADELPHIA - The Pennsylvania Superior Court on June 19 affirmed a $12.85 million pelvic mesh verdict against Ethicon Inc., rejecting both the defendants' arguments and the plaintiff's argument that delay damages should have also been applied to her punitive damage award (Patricia L. Hammons v. Ethicon, Inc., et al., No. 1522 EDA 2016, Pa. Super., 2018 Pa. Super. LEXIS 681).
NEW YORK - Deutsche Bank AG and its foreign exchange (FX) business on June 20 agreed to pay $205 million to settle claims with the New York Department of Financial Services (DFS) stemming from the DFS's investigation into the global bank's operation of its foreign exchange business.
WEST PALM BEACH, Fla. - A man accused of misappropriating and converting more than $11 billion in assets of a deceased bitcoin miner filed a motion to dismiss in Florida federal court June 15, asserting a lack of jurisdiction and claim preclusion due to Australian judgments in his favor (Ira Kleiman, et al. v. Craig Wright, No. 9:18-cv-80176, S.D. Fla.).
INDIANAOLIS - In light of a defendant's showing of relevance and the plaintiffs' failure to establish privilege, an Indiana federal magistrate judge on June 14 concluded that a Facebook instant message string between two named plaintiffs was not covered by a protective order in a putative class action over pension plan administrative fees, leading him to mostly grant a motion to compel (Mary Bell, et al. v. Pension Committee of ATH Holding Company LLC, et al., No. 1:15-cv-02062, S.D. Ind.).
PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on June 18 affirmed a district court's decision to grant judgment on the pleadings for lenders and a loan servicer, holding that her claims were barred by a two-year statute of limitations and that she had no viable claim for violation of California's unfair competition law (UCL) (Pamela Rae v. Bank of America, N.A., et al., No. 17-55283, 9th Cir., 2018 U.S. App. LEXIS 16344).
SAN FRANCISCO - A California federal judge on June 14 granted final approval of a $142 million settlement that will be paid by Wells Fargo & Co. and Wells Fargo Bank N.A. to resolve class claims that the bank opened accounts for individuals, enrolled them in products and services and submitted applications for products and services without consent (Shahriar Jabbari, et al. v. Wells Fargo & Company, et al., No. 15-2159, N.D. Calif.).
ATLANTA - The 11th Circuit U.S. Court of Appeals on June 14 affirmed the conviction of a doctor for participating in opioid "pill mills" in Georgia, finding no abuse of discretion by the trial court in allowing a government expert to testify that the doctor's conduct showed that he was more of a drug dealer than a health care provider (United States v. Romie Roland, No. 17-11058, 11th Cir., 2018 U.S. App. LEXIS 15941).
TRENTON, N.J. - A New Jersey appeals panel on June 18 agreed with a trial court that a Yaz/Yasmin plaintiff failed to provide a valid expert opinion to support her claim, resulting in dismissal with prejudice (Rhonda Fuller v. Bayer Corp., et al., No. A-4813-1574, N.J. Super., App. Div., 2018 N.J. Super. Unpub. LEXIS 1418).
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on June 15 remanded a disability benefits dispute to the district court to determine whether the claimant is entitled to equitable relief based on the disability plan's failure to properly offset the claimant's disability benefits (Petar Mrkonjic v. Delta Family-Care and Survivorship Plan, et al., Nos. 16-56335, No. 16-56487, 9th Cir., 2018 U.S. App. LEXIS 16162).