TAMPA, Fla. - A Florida federal judge on April 15 remanded an insurance bad faith lawsuit to state court, ruling that insureds failed to plead an injury in fact in making their claims against an insurer over its handling of claims in a third-party lawsuit (Wright Insurance Agency Inc. v. Nationwide Mutual Fire Insurance Co., No. 15-1857, M.D. Fla.; 2016 U.S. Dist. LEXIS 50975).
RALEIGH, N.C. - A federal judge in North Carolina on April 15 partially granted an insurer's motion to dismiss counterclaims in a declaratory relief action, ruling that although insureds have failed to plead a claim for constructive fraud, dismissal of their bad faith and negligence counterclaims is not proper (IDS Property Casualty Insurance Co. v. Min Lu, et al., No. 15-561, E.D. N.C.; 2016 U.S. Dist. LEXIS 50994).
SCRANTON, Pa. - An insured has properly pleaded that his insurer unreasonably denied payment of benefits pursuant to an automobile insurance policy, a federal judge in Pennsylvania ruled April 18 in denying the insurer's motion to dismiss in an insurance breach of contract and bad faith lawsuit (Justin Linko v. Nationwide Property & Casualty Insurance, No. 15-2066, M.D. Pa.; 2016 U.S. Dist. LEXIS 51602).
DENVER - The 10th Circuit U.S. Court of Appeals on April 15 found that because an underlying claim alleged only intentional harm by an employer, there is no employers liability coverage for an underlying lawsuit arising from an employee's fatal injury (Cudd Pressure Control Inc. v. New Hampshire Insurance Co., et al., No. 14-6148, 10th Cir.; 2016 U.S. App. LEXIS 6888).
WASHINGTON, D.C. - The Food and Drug Administration said April 18 that it has withdrawn its approval of the cholesterol drugs Advicor and Simcor at the request of manufacturer AbbVie Inc. for reasons of safety and effectiveness.
SAN FRANCISCO - A judge on April 15 asked for additional briefing on how to handle differences between California consumer protection laws and those of other states in a UCL, Business and Professions Code Section 17200, et seq., suit over an alleged misrepresentations about a joint supplement (Vincent D. Mullins, et al. v. Premier Nutrition Corp., No. 13-1271, N.D. Calif.; 2016 U.S. Dist. LEXIS 51139, 2016 U.S. Dist. LEXIS 51140).
DENVER - Efforts by a group of employee benefit plans to hold accountable two individual defendants for allegedly breaching their fiduciary duties under the Employee Retirement Income Security Act were properly dismissed as time-barred by an Oklahoma federal judge, the 10th Circuit U.S. Court of Appeals concluded April 13 (Mid-South Iron Workers Welfare Plan, et al. v. Ryan Michael Harmon, et al., No. 15-6064, 10th Cir.; 2016 U.S. App. LEXIS 6775).
NEW ORLEANS - A former paralegal instructor failed to show that the reasons given for his layoff during a reduction-in-force were pretext for retaliation, the Fifth Circuit U.S. Court of Appeals ruled April 13 (Rafael Diaz v. Kaplan Higher Education, L.L.C., No. 15-50655, 5th Cir.; 2016 U.S. App. LEXIS 6720).
CHARLESTON, W.Va. - A deputy medical examiner's testimony about a victim's wounds and cause of death was relevant given that a petitioner was charged with murdering her husband by shooting him in the head, the West Virginia Supreme Court of Appeals held April 13, affirming a jury conviction of murder in the first degree without a recommendation of mercy (State of West Virginia v. Julia Surbaugh, No. 14-0890, W.Va. Sup.; 2016 W. Va. LEXIS 239).
CARSON CITY, Nev. - A Nevada Supreme Court panel on April 14 refused to vacate a man's conviction for obtaining money under false pretenses after ruling that the state presented sufficient evidence to show that the defendant had his girlfriend use his Social Security number to submit claims for unemployment (Joshua Ephraim Jones v. State of Nevada, No. 67976, Nev. Sup.; 2016 Nev. LEXIS 298).
BATON ROUGE, La. - A 2-1 panel of the First Circuit Louisiana Court of Appeal on April 15 affirmed a trial court judge's ruling finding that a couple's breach of contract lawsuit against a contractor they initially hired to build their home was perempted by the New Home Warranty Act (NHWA) (Barbara Siragusa, et al. v. Chad Bradley Bordelon, et al., No. 2015 CA 1372, La. App., 1st Cir.; 2016 La. App. LEXIS 733).
McALLEN, Texas - A federal judge in Texas on April 13 granted a motion for summary judgment in favor of an insurer and others, ruling that no breach of contract occurred because the insurer complied with the terms of an appraisal provision under a property insurance policy and, thus, the insurer could not have acted in bad faith (Mark Dizdar, et al. v. State Farm Lloyds, et al., No. 14-514, S.D. Texas; 2016 U.S. Dist. LEXIS 49839).
OKLAHOMA CITY - An Oklahoma federal judge on April 15 dismissed a plaintiff's neurostimulator complaint after finding that she failed to sufficiently plead facts to show that her claim parallels federal requirements and is not preempted (Susan Nevolas v. Boston Scientific Corporation, No. 15-894, W.D. Okla.; 2016 U.S. Dist. LEXIS 50654).
CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on April 14 found that plaintiffs' claims of increased risks of fraudulent charges and identify theft, due to the purported theft of their personally identifiable information (PII) in a breach of a restaurant chain's network, constitute sufficiently concrete and immediate damages to support their putative class action, leading the panel to vacate a lower court's dismissal of the lawsuit (John Lewert v. P.F. Chang's China Bistro Inc., No. 14-3700, 7th Cir.; 2016 U.S. App. LEXIS 6766).
NEW ORLEANS - An insured's failure to promptly give notice of hailstorm damage prejudiced an insurer's investigation, the Fifth Circuit U.S. Court of Appeals ruled April 14, affirming the entry of summary judgment to the insurer on breach of contract claims (Hamilton Properties, et al. v. American Insurance Co., et al., No. 15-10382, 5th Cir.; 2016 U.S. App. LEXIS 6818).
ATLANTA - A co-founder and original member of The Commodores was properly ordered to refrain from using the band's name while promoting his own musical performances, the 11th Circuit U.S. Court of Appeals ruled April 15 (Commodores Entertainment Corp. v. Thomas McClary, et al., No. 14-14883, 11th Cir.; 2016 U.S. App. LEXIS 6836).
SANTA CLARA, Calif. - Intuitive Surgical Inc. on April 14 moved for a nonsuit in a da Vinci surgical robot injury trial under way in the Santa Clara County, Calif., Superior Court (Michelle Zarick, et al. v Intuitive Surgical, Inc., No. 2012-1-cv-23723, Calif. Super., Santa Clara Co.).
JACKSON, Miss. - A trial judge did not err in allowing a doctor to testify that a woman's post-surgery hemoglobin levels indicate her obstetrician/gynecologist (OB/GYN) overestimated her blood loss, the Mississippi Supreme Court ruled April 14 (Charles Robinson, M.D. v. Regina A. Corr, No. 2015-CA-00051-SCT, Miss. Sup.; 2016 Miss. LEXIS 151).
BATON ROUGE, La. - A Louisiana appeals panel on April 15 reversed dismissal of several claims brought by the State of Louisiana against Takeda Pharmaceuticals America Inc. for failing to disclose the bladder cancer risk of the company's Actos diabetes drug (The State Of Louisiana, Ex. Rel. James D. "Buddy" Caldwell v. Takeda Pharmaceuticals America, Inc., et al., No. 2015 CA 1413, La. App., 1st Cir.; 2016 La. App. Unpub. LEXIS 137).
WASHINGTON, D.C. - The U.S. Supreme Court on April 18 denied a disability insurer's petition for writ of certiorari, refusing to review the Sixth Circuit U.S. Court of Appeals' decision that a plan's claim notification deadline can be waived if the claimant's disability prevents the claimant from timely filing a claim for disability benefits (UniCare Life and Health Insurance Co. v. Laura Waskiewicz, No. 15-1116, U.S. Sup.).
WASHINGTON, D.C. - In its April 18 order list, the U.S. Supreme Court denied without comment a petition for certiorari by an authors organization that sought to overturn a ruling in which the Second Circuit U.S. Court of Appeals deemed Google Inc.'s "Google Books" project to be transformative, fair use of the authors' copyrighted works and, therefore, noninfringing (The Authors Guild, et al. v. Google Inc., No. 15-849, U.S. Sup.).
DENVER - An insurance expert may not offer opinions that conflict with a federal court's interpretation of an insurance policy's condominium enhancement endorsement in a breach of contract and bad faith lawsuit stemming from the insurer's denial of coverage for water damage, a Colorado federal judge ruled April 13 (Chateau Village North Condominium Association v. American Family Mutual Insurance Co., No. 14-01583, D. Colo.; 2016 U.S. Dist. LEXIS 49665).
SAN FRANCISCO - A federal district court did not err in dismissing a securities class action complaint against Netflix Inc. and certain of its officers and directors because shareholders failed to plead falsity as statutorily required, a Ninth Circuit U.S. Court of Appeals panel ruled April 11 (In re Netflix Inc. Securities Litigation, No. 14-15315, 9th Cir.; 2016 U.S. App. LEXIS 6569).
TRENTON, N.J. - An insurance policy's external insulation and finish system (EIFS) exclusion precludes coverage for construction defect claims, a New Jersey appeals panel affirmed April 13, finding that sufficient expert testimony supported the contention that EIFS was installed in the project as defined in the exclusion (Crum & Forster Insurance Co. and Crum & Forster Specialty Insurance Co. v. The Breese Corp. and Lakeside at North Haledon Condominium Association, Inc., No. A-3880-13T1, N.J. Super. App. Div.; 2016 N.J. Super. Unpub. LEXIS 829).