COLUMBUS, Ga. - A Georgia federal judge overseeing the ObTape pelvic mesh multidistrict litigation on Aug. 15 dismissed three cases for missing their states' applicable statutes of limitations (In Re: Mentor ObTape Transobturator Sling Products Liability Litigation, MDL Docket No. 2004, No. 08-md-2004, Susan S. Jeffcoat-Canter v. Mentor Corp., No. 13-301, W.D. Ga., Columbus Div.; 2016 U.S. Dist. LEXIS 107401; Janice Little, et al. v. Mentor Corp., No. 13-244, Julie Winchester v. Mentor Corp., No. 13-245, M.D. Ga., Columbus Div.; 2016 U.S. Dist. LEXIS 107397).
PHILADELPHIA - In a price-fixing conspiracy lawsuit against egg producers, an economics expert may opine regarding the existence of a unitary egg industry, a Pennsylvania federal judge ruled Aug. 15, denying the motion to exclude the testimony (In re: Processed Egg Products Antitrust Litigation, No. 08-md-2002, MDL No. 2002, E.D. Pa.; 2016 U.S. Dist. LEXIS 107399).
MIAMI - A Florida jury on Aug. 15 awarded the estate of a man who died from lung cancer as a result of smoking cigarettes $5 million in compensatory damages after finding that the deceased was a member of the Engle class (Hazel Mathis v. R.J. Reynolds Tobacco Co., No. 2007-CA-47118, Fla. Cir., 11th Jud. Cir., Dade Co.).
SAN FRANCISCO - An aircraft adhesives defendant has little chance of prevailing on a nonappealable order finding its removal of an asbestos action untimely, especially in light of the court's questions regarding jurisdiction over the case, a woman argues in an Aug. 11 brief asking the Ninth Circuit U.S. Court of Appeals not to stay a case (Velma Searcy v. 3M Co. and Hexcel Corp., No. 16-56034, 9th Cir.).
WASHINGTON, D.C. - The chief executive officer of online classifieds website operator Backpage.com LLC was granted temporary relief from a U.S. Senate subcommittee's discovery subpoena on Aug. 12 when a District of Columbia U.S. Circuit Court of Appeals panel granted his emergency motion to stay, which was filed the same day (Senate Permanent Subcommittee on Investigations v. Carl Ferrer, No. 16-5232, D.C. Cir.).
WASHINGTON, D.C. - The Judicial Panel on Multidistrict Litigation (JPMDL) on Aug. 12 allowed plaintiffs to withdraw their motion to centralize Essure birth control device federal lawsuits and vacated a Sept. 29 hearing on the motion (In Re: Essure Birth Control Device Product Liability Litigation, MDL Docket No. 2739, JPMDL).
RICHMOND, Va. - A Fourth Circuit U.S. Court of Appeals panel majority on Aug. 12 upheld a trial court ruling ordering the forfeiture to the U.S. government of New Zealand and Hong Kong-held assets of now defunct Internet file storage service Megaupload and others involved in a criminal copyright infringement conspiracy, finding the forfeiture to be supported by the Civil Asset Forfeiture Reform Act (CAFRA) (United States of America v. Finn Batato, et al., No. 15-1360, 4th Cir.; 2016 U.S. App. LEXIS 14861).
NEW YORK - In a memorandum filed Aug. 10 in New York state court, Reddit Inc. opposed an effort by Atlantic Recording Corp. to obtain via subpoena identifying information of a Reddit user who purportedly leaked a high profile song before its release date, with Reddit arguing that the record label failed to demonstrate that it had meritorious claims that justified such pre-action disclosure (Atlantic Recording Corp. v. Reddit Inc., No. 156210/2016, N.Y. Sup., New York Co.).
A second wave of putative class action lawsuits accusing universities of mismanaging their employee retirement plans by charging excessive fees, using multiple record keepers to operate their plans and handle administrative services and offering too many high-cost and poorly performing investment options were filed Aug. 10 and 11 (David Clark, et al. v. Duke University, et al., No. 1:16-cv-01044, M.D. N.C.; Loren L. Cassell, et al. v. Vanderbilt University, et al., No. 3:16-cv-02086, M.D. Tenn.; Jennifer Sweda, et al. v. University of Pennsylvania, et al., No. 2:16-cv-04329; Margaret E. Kelly, et al. v. The Johns Hopkins University, No. 1:16-cv-02835, D. Md.).
PHILADELPHIA - A man's failure to pursue litigation against a company and the existence of a clear statutory bar to recovery warrants a finding that the defendant was added in a bad faith attempt to defeat removal, a federal judge in Philadelphia held Aug. 11 (In re: Asbestos Products Liability Litigation (No. VI); William Ney, et al. v. Owens-Illinois Inc., et al., No. MDL 875, 16-2408, E.D. Pa.).
LOS ANGELES - After finding that it lacked jurisdiction over a former university employee's claims for violation of the California labor code and unfair competition law (UCL) in relation to termination of his employment, a California appeals court on Aug. 12 affirmed a trial court's decision to grant a motion to quash service of summons for lack of personal jurisdiction (Sergio Melgar v. State of Kentucky, et al., No. B264723, Calif. App., 2nd Dist., Div. 5; 2016 Cal. App. Unpub. LEXIS 5942).
SAN FRANCISCO - An award of an attorney fee out of a common fund calculated as a percentage of a settlement amount in not per se unreasonable, the California Supreme Court ruled Aug. 11 in the appeal of a nearly $6.34 million attorney fee approved as part of a $19 million class action employment settlement (Mark Laffitte, et al. v. Robert Half International Inc., et al., No. S222996, Calif. Sup.; 2016 Cal. LEXIS 6387).
NEW YORK - A New York federal judge on Aug. 12 granted preliminary approval of a settlement in a class complaint filed by unpaid interns working at divisions of Fox Searchlight Pictures Inc. and Fox Entertainment Group Inc. (collectively, Fox) that will provide a payment of $495 to all members of two settlement classes who submit a valid claim form (Eric Glatt, et al. v. Fox Searchlight Pictures, Inc., et al., No. 11-6784, S.D. N.Y.).
SHREVEPORT, La. - A Louisiana appeals panel on Aug. 10 reversed a lower court's ruling in favor of an errors and omissions insurer in a dispute arising from the sale of a property with mineral rights (Jim And Freida Heath v. Continental Casualty Co., et al., No. 50,860-CA, La. App., 2nd Cir.; 2016 La. App. LEXIS 1548).
PORTLAND, Ore. - A neurosurgeon may not testify in a strict product liability lawsuit that a woman would not have suffered significant injury were it not for her chronic degenerative condition, an Oregon federal judge ruled Aug. 10, barring the opinion that the woman would have become paralyzed at some point in the future as irrelevant (Jeanie Chong v. STL International Inc. and Costco Wholesale Corp., No. 14-244, D. Ore.; 2016 U.S. Dist. LEXIS 105512).
ALEXANDRIA, Va. - A system and method of filling containers with fluid should not have received a patent because what the patent claims is indefinite under 35 U.S. Code Section 112(b) as well as a violation of the written description requirement of Section 112(a), according to an Aug. 12 petition for post-grant review (PGR) filed with the Patent Trial and Appeal Board (Telebrands Corp. v. Tinnus Inc., No. PGR2016-00031, PTAB).
MOBILE, Ala. - An insured failed to demonstrate that an Alabama federal court does not have personal jurisdiction to hear a dispute regarding insurance coverage between the insured and its two insurers over construction defect claims, an Alabama federal judge ruled Aug. 12 (Crum & Forster Specialty Insurance Co., et al. v. ARD Contracting Inc., No. 16-0185, S.D. Ala.; 2016 U.S. Dist. LEXIS 106891).
TUCSON, Ariz. - There was no error in allowing expert testimony concerning the diagnosis of abusive head trauma, formerly known as shaken baby syndrome, because the diagnosis was reliable, an Arizona appeals panel held Aug. 11, affirming a man's conviction of reckless child abuse that could cause death or serious physical injury (The State of Arizona v. Steven James Brown, No. 2 CA-CR 2015-0154, Ariz. App.; 2016 Ariz. App. Unpub. LEXIS 1032).
NEWARK, N.J. - A New Jersey federal magistrate judge on Aug. 11 allowed a plaintiff in a power morcellator case to amend her complaint to argue that the lack of a tissue bag is a defect (Sumaira Khan v. Karl Storz Endoscopy-America, Inc., et al., No. 15-7822, D. N.J.; 2016 U.S. Dist. LEXIS 106130).