HARRISBURG, Pa. - The Pennsylvania residents who won a $4.24 million verdict against a hydraulic fracturing company for groundwater contamination on June 14 filed a brief in a district court, opposing the company's motion for judgment as a matter of law, new trial or remittitur on grounds that it is "smarting from a humiliating defeat," and it seeks "to wipe out the reasoned decision" that was handed down against it (Nolen Scott Ely v. Cabot Oil & Gas Corporation, No. 09-2284, M.D. Pa.).
NEW YORK - The plaintiffs' co-lead counsel in the General Motors faulty ignition switch multidistrict litigation say in a June 10 brief that General Motors LLC is asking for too much by asking each plaintiff to fill out a spread sheet that details his or her claims and ask the judge overseeing the MDL to deny the company's motion for additional discovery (In Re: General Motors LLC Ignition Switch Litigation, No. 1:14-md-0254, S.D. N.Y.).
PADUCAH, Ky. - A doctor is qualified to offer medical testimony that a plaintiff is physically capable of returning to work as a vessel cook, a Kentucky federal judge ruled June 10, allowing the expert testimony in the general maritime lawsuit (William Webb v. Crounse Corp., No. 14-00133, W.D. Ky.; 2016 U.S. Dist. LEXIS 75802).
MIAMI - Two weeks after a jury deemed that 10 claims of two patents were willfully infringed, a Florida federal judge on June 13 issued a final judgment, awarding the prevailing plaintiff $46.6 million in enhanced, compensatory damages (Arctic Cat Inc. v. Bombardier Recreation Products Inc., et al., No. 14-62369, S.D. Fla.).
LOS ANGELES - A California federal judge on June 13 granted a broadcast company's motion for summary judgment on claims for violation of various broadcast laws and the California unfair competition law (UCL), finding that the owner of an establishment unlawfully broadcast a program for which it did not hold the license (J&J Sports Productions Inc. v. Leticia Ayala, et al., No. 14-07005, C.D. Calif.; 2016 U.S. Dist. LEXIS 76800).
TAMPA, Fla - The owner of a company that provided durable medical equipment was sentenced by a federal judge in Florida on June 13 to 37 months in prison and ordered to pay $$918,402 in restitution for his role in a $2.5 million Medicare fraud scheme (United States of America v. Ubert G. Rodriguez, No. 13cr372, M.D. Fla.).
TRENTON, N.J. - TD Bank N.A., which prevailed on allegations of copyright infringement in 2015, was granted a permanent injunction June 14 by a New Jersey federal judge (TD Bank N.A. v. Vernon W. Hill, No. 12-7188, D. N.J.; 2016 U.S. Dist. LEXIS 77025).
NEW ORLEANS - An employer that retained a percentage of its servers' tips paid by credit card was only legally permitted to withhold the credit card issuer fees, a Fifth Circuit U.S. Court of Appeals panel ruled June 14, partially affirming a trial court's decision in a collective action filed by a group of servers; however, the appellate panel held that the District Court erred in denying the servers attorney fees (Guillian Steele, et al. v. Leasing Enterprises, Limited, No. 15-20139, 5th Cir.; 2016 U.S. App. LEXIS 10775).
WASHINGTON, D.C. - After two U.K. companies and a mining entity failed to submit any expert evidence on the amount of their alleged damages, a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on June 13 released its decision granting a request by the Republic of Kenya for a separate review of the quantum issue to be held after the merits phase of the case (Cortec Mining Kenya Limited, Cortec [Pty] Limited and Stirling Capital Limited v. Republic of Kenya, ICSID Case No. ARB/15/29).
CHICAGO - An Illinois judge on June 10 approved the sale of an Australian insurer owned by an insolvent Illinois insurer in liquidation (People of the State of Illinois, ex rel. Andrew Boron, Director of Insurance of the state of Illinois v. Lumbermens Mutual Casualty Co., No. 12-24227, Ill. Cir., Cook Co.).
RALEIGH, N.C. - A North Carolina Indian tribe on June 14 leveled trademark infringement and unfair competition accusations against Anheuser-Busch LLC and a regional beer distributor in federal court, saying their unapproved use of the tribe's trademarks in connection with in-store Budweiser advertising is causing confusion and is offensive to some members of the tribe because it links Indians with alcohol use (Lumbee Tribe of North Carolina v. Anheuser-Busch, LLC, et al., No. 7:16-cv-148, E.D. N.C.).
ST. PAUL, Minn. - A Minnesota appeals panel on June 13 affirmed a lower court's ruling that a company that operates an adult residential care facility failed to make a wrongful death claim during an insurance policy period, finding that the insurer provided the insured with sufficient notice of nonrenewal and the insured failed to adequately apply for renewed coverage (Minnesota Joint Underwriting Association, Respondent, v. Jacy, LLC, et al., No. A15-1627, Minn. App.; 2016 Minn. App. Unpub. LEXIS 596).
HARTFORD, Conn. - The Connecticut Supreme Court on June 14 ruled that a lower appellate court erred in finding that the doctrine of apparent authority does not apply in a medical malpractice suit in which a surgical sponge was left inside of a woman after surgery (Lisa J. Cefaratti v. Jonathan S. Aranow, et al., No. 19443, Conn. Sup.; 2016 Conn. Sup. LEXIS 151).
SAN FRANCISCO - A California federal judge on June 13 partially granted a motion for sanctions against Menzies Aviation Inc. in a wage-and-hour class dispute after the company admitted to destroying years of pay records (Jessica Jimenez, et al. v. Menzies Aviation Inc., et al., No. 15-2392, N.D. Calif.; 2016 U.S. Dist. LEXIS 76675).
FRESNO, Calif. - A federal judge in California on June 14 denied motions to stay and to dismiss filed by insureds in an insurance breach of contract and bad faith lawsuit, ruling that staying the proceedings pending appeal of an underlying lawsuit would not be fair to the parties involved in the instant action (Paul Evert's RV Country Inc., et al. v. Universal Underwriters Insurance Co., No. 15-0124, E.D. Calif.; 2016 U.S. Dist. LEXIS 77360).
WASHINGTON, D.C. - A woman was prejudiced by her defense counsel's failure to introduce expert testimony on battered woman syndrome, the District of Columbia Circuit U.S. Court of Appeals ruled June 10, reversing a conspiracy to extort money conviction and remanding for a trial court to determine whether defense counsel was constitutionally deficient in failing to present such testimony (United States of America v. Queen Nwoye, No. 14-3060, D.C. App.; 2016 U.S. App. LEXIS 10519).
CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on June 10 reversed the grant of summary judgment to four carpenter union fringe benefit funds that alleged violations of the Labor Management Relations Act (LMRA) and the Employee Retirement Income Security Act (Chicago Regional Council of Carpenters Pension Fund, et al. v. Schal Bovis Inc., Nos. 14-3413, 14-3336, 7th Cir.; 2016 U.S. App. LEXIS 10568).
NEW ORLEANS - A panel of the Fifth Circuit U.S. Court of Appeals on June 14 issued a mandate affirming the ruling of a district court, which determined that a plaintiff's expert was unreliable in reaching the conclusion that exposure to gasoline containing benzene can cause acute myeloid leukemia (AML) (Yolande Burst v. Shell Oil Company, et al., No. 15-30592, 5th Cir.).
GRAND RAPIDS, Mich. - Michigan Gov. Richard Snyder on June 14 filed a brief in Michigan federal court, arguing that the case filed against him and other Michigan officials in connection with the lead-contaminated water crisis in Flint, Mich., should be remanded to state court or dismissed because they are "absolutely immune" from liability claims (Tamara Nappier v. Richard Snyder, et al., No. 16-636, W.D. Mich.).
NEW YORK - A federal magistrate judge in New York on June 10 found that the product of an audit related to a reinsurance dispute is privileged under the work product doctrine (AmTrust North America, Inc., et al. v. Safebuilt Insurance Services, Inc., et al., No. 14-cv-9494, S.D. N.Y.; 2016 U.S. Dist. LEXIS 75906).
PHILADELPHIA- A spouse lacks standing to assert a claim under the Employee Retirement Income Security Act against his spouse's former employer regarding an alleged failure to timely send notice for health insurance coverage because the spouse was not a beneficiary or participant in the plan, the Third Circuit U.S. Court of Appeals affirmed June 13 in an unpublished opinion (John Sacchi v. Katheryn J. Luciani, et al., No. 15-1453, 3rd Cir.; 2016 U.S. App. LEXIS 10651).
LONDON - A United Arab Emirates petroleum company on June 14 announced that it has filed a request for arbitration with a London court against two Malaysian entities, seeking $6.5 million in damages.
NEW YORK - A federal judge in New York on June 10 denied United Parcel Service Inc.'s motion for partial summary judgment on claims brought by the State of New York and New York City under the U.S. Prevent All Cigarette Trafficking Act (PACT Act) and the New York Public Health Law (PHL) because the plaintiffs have presented "sufficient factual matter to raise triable issue as to whether UPS is entitled to exemption under the PACT Act" (The State of New York, et al. v. United Parcel Service Inc., No. 15-cv-1136, S.D. N.Y.).
ALEXANDRIA, Va. - A patented method of treating rheumatoid arthritis with anti-tumor necrosis factor ? (anti-TNF?) combined with the anti-rheumatic drug methotrexate (MTX) is likely invalid, the Patent Trial and Appeal Board concluded June 13 (Coherus BioSciences Inc. v. Abbvie Biotechnology Ltd., No. IPR2016-00188, PTAB).
WASHINGTON, D.C. - The U.S. Supreme Court on June 13 let stand a Second Circuit U.S. Court of Appeals ruling that a federal district court did not err in dismissing a plaintiff's claims related to the denial of pension benefits because the denial was not arbitrary or capricious and was supported by the evidence (Kathleen Whelehan v. Bank of America Pension Plan for Legacy Companies, et al., No. 15-1245, U.S. Sup.).