CHICAGO - A woman bringing cybersquatting, fraud and defamation claims over a website created by her ex-boyfriend filed a motion to quash his discovery subpoenas in Illinois federal court on Oct. 5, asserting that the subpoenas were intended to harass and intrude on her personal life and lack any probative value related to the claims at issue in the case (Emily Mackie, et al. v. Mason Awtry, et al., No. 1:14-cv-09206, N.D. Ill.).
NEW YORK - In part two of a two-phase damages trial, jurors empaneled before U.S. Judge Laura Taylor Swain of the Southern District of New York on Oct. 5 found that Tiffany and Co. is entitled to an additional $8.25 million in punitive damages as a result of trademark infringement by Costco Wholesale Corp., sources confirmed to Mealey Publications (Tiffany and Company v. Costco Wholesale Corp., No. 13-1041, S.D. N.Y.).
LOS ANGELES - A California federal judge on Oct. 5 ordered Foo Fighters LLC to show cause in writing why their breach of contract lawsuit seeking full policy benefits for 11 shows that were canceled in the wake of the terrorist attacks should not be dismissed for lack of prosecution (Foo Fighters LLC v. Certain Underwriters at Lloyd's London, et al., No. 16-cv-04208, C.D. Calif.).
SEATTLE - A Washington federal judge on Oct. 4 ordered the U.S. government to provide more information on what its firearms expert will be testifying on in a criminal case but refused to exclude the testimony on the basis that the government stated only the general topics covered by the expert (United States of America v. Santos Peter Murillo, No. CR16-0113, W.D. Wash.; 2016 U.S. Dist. LEXIS 138595).
PHILADELPHIA - Under Pennsylvania law, allegations of an insured's faulty workmanship do not constitute an "occurrence," a Pennsylvania federal judge ruled Oct. 5, finding that a comprehensive business liability insurer has no duty to defend or indemnify an underlying negligent construction lawsuit (State Farm Fire and Casualty Co. v. Kim's Asia Construction, No. 15-6619, E.D. Pa.; 2016 U.S. Dist. LEXIS 138915).
SHREVEPORT, La. - A Louisiana appellate panel on Oct. 5 affirmed a trial court's ruling that a plaintiff in a medical malpractice action may seek damages against a hospital's insurance company because the insurer failed to show that a doctor accused of malpractice was not at fault for the death of a man he examined (Latidrua Jackson, et al. v. Joseph A. Farquhar, et al., No. 50,902-CA, La. App., 2nd Cir.; 2016 La. App. LEXIS 1797).
NEW ORLEANS - Ruling that certain declarations sought in an insured's motion for partial summary judgment in an insurance breach of contract bad faith lawsuit "seemingly rest upon disputed factual determinations and assessments of witness credibility that remain reserved to the trier of fact - a jury," a federal judge in Louisiana on Oct. 4 denied the insured's motion (AMA Discount Inc., et al. v. Seneca Specialty Insurance Co., No. 15-2845, E.D. La.; 2016 U.S. Dist. LEXIS 137349).
NEW ORLEANS - Rejecting both the Sixth Circuit U.S. Court of Appeals' complete preclusion of liability for manufacturers of products requiring asbestos-containing third-party parts and the existing exemptions for imposing such liability, a federal judge in Louisiana on Oct. 4 asked for additional briefing on the issue (William C. Bell, et al. v. Foster Wheeler Energy Corp., et al., No. 15-6394, E.D. La.).
SAN FRANCISCO - In light of the concrete injury in fact requirement established by Spokeo Inc. v. Robins (136 S.Ct. 1540 ), a California federal judge on Oct. 5 dismissed an employee's putative Fair Credit Reporting Act (FCRA) class action against ride-sharing service Lyft Inc., finding that the plaintiff's statutory and privacy violation claims were insufficient to establish standing under Article III of the U.S. Constitution (Michael Nokchan v. Lyft Inc., No. 3:15-CV-03008, N.D. Calif.; 2016 U.S. Dist. LEXIS 138582).
SEATTLE - Wrongful death actions accrue at the time of death, but require that a valid, timely, underlying claim exist, the Washington Supreme Court held Oct. 4 in a 5-4 decision, affirming summary judgment in a daughter's asbestos case (Judy R. Deggs, et al. v. Asbestos Corp. Limited, et al., No. 91969-1, Wash. Sup.).
PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Oct. 5 affirmed summary judgment in an Aredia/Zometa osteonecrosis of the jaw (ONJ) case, agreeing with a trial court judge that the plaintiff failed to show causation (William M. Bock v. Novartis Pharmaceuticals Corporation, No. 15-3696, 3rd Cir.; 2016 U.S. App. LEXIS 18042).
SAN FRANCISCO - After finding that numerous causes of action asserted by a borrower in relation to a foreclosure, including claims for violation of California's unfair competition law (UCL) and the Truth in Lending Act (TILA) against several defendants, failed, a California federal judge on Oct. 4 dismissed the case without leave to amend (Camilla Spangler v. Selene Finance LP, et al., No. 16-cv-01503, N.D. Calif.; 2016 U.S. Dist. LEXIS 137208).
ROCHESTER, N.Y. - A New York federal judge on Oct. 4 awarded more than $2.5 million in attorney fees, costs and class representative awards in a case alleging that various fiduciaries violated the Employee Retirement Income Security Act by permitting the Eastman Kodak Employees' Savings and Investment (SIP) and Kodak Employee Stock Ownership Plans (ESOP) to offer Kodak stock as an investment option even after an objective investigation would have revealed that the stock represented an "extremely risky investment" (In re: Eastman Kodak ERISA Litigation, No. 6:12cv6051, W.D. N.Y.; 2016 U.S. Dist. LEXIS 137744).
ORLANDO, Fla. - A Florida federal judge on Oct. 4 granted an insurer's motion to dismiss insureds' fraud claims in a dispute arising from roof damage caused by Hurricane Charley (Ida L. Cruz, et al. v. American Security Insurance Co., No. 16-1317, M.D. Fla.; 2016 U.S. Dist. LEXIS 137548).
OAKLAND, Calif. - The plaintiffs in a class action alleging private message (PM) scanning by Facebook Inc. saw three motions to compel discovery denied Oct. 4, with a California federal judge finding the requests for source code, configuration tables and related documents to be overbroad and not sufficiently tailored to the plaintiffs' allegations of privacy violations (Matthew Campbell, et al. v. Facebook Inc., No. 4:13-cv-05996, N.D. Calif.; 2016 U.S. Dist. LEXIS 137936).
NEW YORK - Although finding "much to criticize" in the conduct of an attorney who advanced allegations of copyright infringement and violations of the Lanham Act in a third-party action against Viacom and others, a New York federal judge on Oct. 5 nonetheless declined a request for sanctions in the case (Scrilla Hill Entertainment Inc., et al. v. Bianca Dupree, et al., No. 16-490, S.D. N.Y.; 2016 U.S. Dist. LEXIS 138346).
HOUSTON - A Texas appellate panel on Oct. 4 ruled that a trial court correctly found that the statute of limitations had expired by the time the plaintiffs in a car crash suit served the lone defendant in the case (Juan Soto Perez, et al. v. Jared Efrud, No. 01-05-00963-CV, Texas App., 1st Dist.; 2016 Tex. App. LEXIS 10747).
WAUKESHA, Wis. - A single judge for a Wisconsin appeals court on Oct. 5 upheld a trial judge's exclusion of expert testimony to refute blood test results showing a "substantial amount of alcohol" in a defendant's system because the experts could not say what effect the presence of anomalies in the tests had upon the reliability of the results (State of Wisconsin v. Ali Garba, No. 2015AP1243-CR, Wis. App., Dist. 2; 2016 Wisc. App. LEXIS 653).
SACRAMENTO, Calif. - The City of Sacramento and an organization that operates a camp associated with it on Oct. 5 settled for $15 million a wrongful death case filed in California state court by the parents of a girl with a peanut allergy who died after eating a crisped rice treat that had peanut butter in it, according to media reports (Joanne M. Giorgi, et al. v. City of Sacramento, et al., No. 34-2014-00162222, Calif. Super., Sacramento Co.).
NEW YORK - A federal judge in New York on Oct. 3 confirmed two reinsurance arbitration awards, noting that there was no opposition to the confirmation (Nutmeg Insurance Company, et al. v. Employers Insurance of Wausau A Mutual Company, No. 16-cv-00317, S.D. N.Y.).
SAN FRANCISCO - A de novo standard of review should be applied in a disability benefits suit because the plan at issue did not confer discretionary authority to the disability plan administrator, a California federal judge said Oct. 3 (Cathleen Murphy v. California Physicians Service, et al., No. 14-2581, N.D. Calif.; 2016 U.S. Dist. LEXIS 137159).
TULSA, Okla. - Insureds have offered sufficient facts to support their claim for bad faith against their insurer in a homeowners insurance dispute, a federal judge in Oklahoma ruled Oct. 4 in denying the insurer's motion to dismiss (Larry W. Thomas, et al. v. Farmers Insurance Co., No. 16-17, N.D. Okla.; 2016 U.S. Dist. LEXIS 137564).
NEWARK, N.J. - A man's lawsuit claiming that Volkswagen Group of America Inc. violated the New Jersey Consumer Fraud Act and other state laws when marketing "clean diesel" vehicles that contained a defeat device to beat emissions tests belongs in state court because the allegations do not raise a federal question, a federal judge in New Jersey ruled Oct. 4 (Christopher Ruzich v. Volkswagen Group of America Inc., et al., No. 16-4753, D. N.J.; 2016 U.S. Dist. LEXIS 138436).