DENVER - A doctor cannot testify that a prison inmate did not need to be seen by an in-house medical provider and that he would have had to wait four to six hours to be seen at a university hospital, a Colorado federal judge ruled Oct. 27, also finding that the doctor cannot opine regarding patients with a chronic history of kidney stones (Homaidan Al-Turki v. Mary Susan Robinson, RN, No. 10-02404, D. Colo.; 2015 U.S. Dist. LEXIS 145608).
NEW YORK - A New York federal magistrate judge on Oct. 27 directed the defendants in a wage-and-hour collective action filed by a model to send a corrective notice to the potential collective action members and to produce within 30 days all other correspondence sent to members regarding the lawsuit (Eva Agerbrink, et al. v. Model Service LLC d/b/a MSA Models, et al., No. 14-7841, S.D. N.Y.; 2015 U.S. Dist. LEXIS 145563).
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Oct. 26 affirmed a decision granting judgment in favor of a bank, finding that its right to foreclose was not barred by a statute of limitations (Charles Boren, et al. v. U.S. National Bank Association, No. 14-20718, 2015 U.S. App. LEXIS 18800).
NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on Oct. 26 reaffirmed its decision in D.R. Horton, Inc. v. NLRB (737 F.3d 344 [5th Cir. 2013]) and held that an employer may enforce an arbitration agreement prohibiting employee class or collective actions (Murphy Oil USA, Incorporated v. National Labor Relations Board, No. 14-60800, 5th Cir.; 2015 U.S. App. LEXIS 18673).
ATLANTA - After finding that no genuine issue of fact existed as to whether a bank had standing to foreclose on a property, the 11th Circuit U.S. Court of Appeals on Oct. 28 affirmed a decision granting summary judgment for the bank on a borrower's claims for violation of the Fair Debt Collection Practice Act (FDCPA) and Georgia foreclosure law (Francene McCloud v. HSBC Bank USA, NA, No. 14-14211, 11th Cir.; 2015 U.S. App. LEXIS 18736).
WASHINGTON, D.C. - Although agreeing with a Florida federal judge that an asserted wireless communication protocol patent is noninfringed, the Federal Circuit U.S. Court of Appeals on Oct. 29 reversed findings that the patent is not invalid as anticipated or obvious (Atlas IP LLC v. Medtronic Inc., No. 15-1071, Fed. Cir.).
LOS ANGELES - Saying that a jury's $9.1 million verdict in a Durom hip trial was "hasty and excessive," a California state court judge on Oct. 27 granted defendant Zimmer Inc.'s motion for new trial unless the plaintiff accepts a remittitur to $828,153 (Thomas McAllister, et al. v. Zimmer, Inc., et al., No. BC444834, Calif. Super., Los Angeles Co.).
SAN JOSE, Calif. - A California federal judge on Oct. 23 dismissed a consolidated, putative class action against Facebook Inc., in which the plaintiffs sought in excess of $15 billion for the social network's purported tracking of their online activities (In re: Facebook Internet Tracking Litigation, No. 5:12-md-02314, N.D. Calif.; 2015 U.S. Dist. LEXIS 145142).
SAN DIEGO - A California federal judge on Oct. 26 deemed deficient allegations that MillerCoors LLC falsely advertised its Belgian-style wheat beer "Blue Moon" as a craft beer but granted a plaintiff leave to amend (Evan Parent v. MillerCoors LLC, No. 15-1204, S.D. Calif.).
TALLAHASSEE, Fla. - A Florida appellate panel on Oct. 26 affirmed a trial court judgment against a tobacco company but reversed the lower court's order that the tobacco company pay an expert witness (R.J. Reynolds Tobacco Company v. Gloria Clayton, No. 1D14-3946, Fla. App., 1st Dist.; 2015 Fla. App. LEXIS 15911).
SAN JOSE, Calif. - In a putative class action complaint filed in California federal court on Oct. 23, a Florida couple says that the default setting of the "Wi-Fi Assist" application (app) that was included in the most recent iPhone operating system update caused them to be charged for unknowingly going over their phone plans' allotted cellular data allowance (William Scott Phillips, et al. v. Apple Inc., No. 5:15-cv-04879, N.D. Calif.).
PHILADELPHIA - Citing a recent ruling by the Federal Communications Commission defining an "automatic telephone dialing system" (ATDS), as used in the Telephone Consumer Protection Act (TCPA), a Third Circuit U.S. Court of Appeals panel on Oct. 23 vacated and remanded a trial court's finding that an automated text messaging system used by Yahoo Inc. did not violate the act (Bill H. Dominguez v. Yahoo Inc., No. 14-1751, 3rd Cir.; 2015 U.S. App. LEXIS 18460).
LOS ANGELES - A California appeals panel on Oct. 27 affirmed a lower court's ruling that no coverage is owed to Costco Wholesale Corp. for a product liability lawsuit because it is not an additional insured under a general liability insurance policy that was issued to a tire manufacturer (Costco Wholesale Corp. v. Tokio Marine And Nichido Fire Insurance Company Limited, et. al., No. B250794, Calif. App., 2nd Dist., Div. 5).
LOS ANGELES - A judge properly granted summary judgment after finding that a company introduced sufficient evidence of reasonably precise specifications from the government concerning the use of asbestos in aircraft, a Ninth Circuit U.S. Court of Appeals panel held Oct. 27 (Joni Sequira, successor-in-interest to Paul Olds v. 3M Co. a/k/a Minnesota Mining And Manufacturing Co., et al., No. 13-56921, 14-55383, 9th Cir.; 2015 U.S. App. LEXIS 18715).
LOUISVILLE, Ky. - With discovery likely closed after 22 months of state court litigation, a company's recently filed third-party claims create "unnecessary hardship" by forcing the parties to restart in federal court, a federal judge held Oct. 26 in severing the claims and remanding the case (Jimmie Sue Brown and Chastity Brown, et al. v. Kentucky Utilities Co., et al., No. 15-352, W.D. Ky.; 2015 U.S. Dist. LEXIS 144805).
HARRISBURG, Pa. - A Pennsylvania judge on Oct. 23 approved a settlement agreement between the estate of an insolvent insurer and a number of states' insurance guaranty associations (In re: Reliance Insurance Company in Liquidation, No. 1 REL 2001; California Insurance Guarantee Association, Objector v. Reliance Insurance Company in Liquidation, No. 3 REL 2014; California Insurance Guarantee Association, Objector v. Reliance Insurance Company in Liquidation, No. 4 REL 2014, Pa. Cmwlth.).
GREENBELT, Md. - A Maryland federal judge on Oct. 26 found that a borrower sufficiently pleaded her claims against a lender for breach of contract and violation of the Maryland Consumer Protection Act (MCPA) but dismissed her claim for failure to comply with the Home Affordable Modification Program (HAMP) (Therese Palermino v. Ocwen Loan Servicing LLC, No. 14-0522, D. Md.; 2015 U.S. Dist. LEXIS 145263).
DENVER - One day after jurors rejected allegations of infringement by the owner of a pill-dispensing patent, a Colorado federal judge on Oct. 23 entered a final judgment in the case (Knapp Logistics & Automation Inc. v. R/X Automation Solutions Inc., No. 14-319, D. Colo.).
MEMPHIS, Tenn. - After deliberating two days, jurors empaneled before U.S. Judge Jon Phipps McCalla of the Western District of Tennessee on Oct. 27 issued a 32-page verdict, awarding a plaintiff more than $1.2 million in connection with a defendant's willful infringement of three patents (WCM Industries Inc. v. IPS Corporation, No. 13-2019, W.D. Tenn.).
SCRANTON, Pa. - A doctor's testimony is limited to the extent that it references the reasonableness or excessiveness of the force used by a police officer, a Pennsylvania federal magistrate judge ruled Oct. 26 (Jami Sargent v. Commonwealth of Pennsylvania, et al., No. 13-00730, M.D. Pa.; 2015 U.S. Dist. LEXIS 145035).
CLEVELAND - An Ohio federal judge on Oct. 26 refused to reconsider an Aug. 28 ruling that held a primary insurer liable under the principles of equity to reimburse an excess insurer for the $7,996,655.57 in defense costs it was ordered to pay to their insured in connection with an underlying lawsuit arising from a failed real estate project, awarding the excess insurer $7,996,655.57 plus $1,160,629.09 in prejudgment interest (IMG Worldwide Inc., et al. v. Westchester Fire Insurance Co., No. 11-1594, N.D. Ohio, Eastern Div.; 2015 U.S. Dist. LEXIS 144868).