CLARKSBURG, W.Va. - A federal judge in West Virginia on July 1 adopted a magistrate judge's recommendation to accept a woman's decision to plead guilty to one count of health care fraud for billing the West Virginia Offices of the Insurance Commission Workers Compensation Old Fund for services she was not providing (United States of America v. Sherri J. Slaven, No. 15-cr-00053, N.D. W.Va.).
ATLANTA - A trial court did not err in setting aside a business interruption award because there was evidence of partiality on the part of the umpire overseeing the appraisal process, the Second Division Georgia Court of Appeal said July 2 (Zurich American Insurance Co. v. Omni Health Solutions LLC, No. A15A0170, Ga. App., 2nd Div.; 2015 Ga. App. LEXIS 386).
ATLANTA - The 11th Circuit U.S. Court of Appeals on June 30 remanded two breach of fiduciary duty cases brought by participants in a 401(k) plan sponsored by SunTrust Banks Inc. related to the inclusion of proprietary mutual funds in the defined-contribution plan, in light of the U.S. Supreme Court's recent decision in Tibble v. Edison International (135 S. Ct. 1823 ) (Sandra D. Stargel v. SunTrust Banks, Inc., et al.; Barbara J. Fuller v. SunTrust Banks, Inc., et al., No. 14-13207, 11th Cir.; 2015 U.S. App. LEXIS 11187).
WEST PALM BEACH, Fla. - A Florida federal judge on July 2 found that a homeowner properly pleaded his claims for violation of the Fair Debt Collection Practices Act (FDCPA) and the Florida Consumer Collection Practices Act (FCCPA), refusing to grant a motion to dismiss the case filed by a lender and loan servicer (Roberto Jhon Manrique v. Wells Fargo Bank, N.A., et al., No. 15-80057, S.D. Fla.; 2015 U.S. Dist. LEXIS 86446).
BALTIMORE - A subpoena served on the Internet service provider (ISP) of a Doe defendant in a file-sharing suit does not violate the Electronic Communications Privacy Act (ECPA), a Maryland federal judge ruled June 30, finding that the act specifically allows disclosure of subscriber identification information for the purpose of serving process on an alleged infringer in a copyright infringement lawsuit (Malibu Media LLC v. John Doe subscriber assigned to IP Address 126.96.36.199, No. 1:15-cv-01048, D. Md.; 2015 U.S. Dist. LEXIS 85355).
SAN FRANCISCO - Class certification should be granted in a suit alleging that dog food manufactured by Nestle Purina Petcare Co. contains toxic substances, a group of dog owners argued in a motion to the U.S. District Court for the Northern District of California July 1 (Frank Lucido v. Nestle Purina Petcare Co., et al., No. 3:15-cv-00569-LB, N.D. Calif.).
DETROIT - Because an ambiguity exists between an exclusion for sewer and/or drain water backups and a policy provision providing coverage for accidental discharge or overflow of water from within a home's plumbing system, the ambiguity must be construed in favor of the insureds, a Michigan federal judge ruled July 2 (Frank Monteleone and Sheri Monteleone v. The AutoClub Group, et al., No. 13-12716, E.D. Mich.; 2015 U.S. Dist. LEXIS 86272).
WASHINGTON, D.C. - The District of Columbia U.S. Court of Appeals on June 30 reversed a district court's dismissal of a borrower's breach of contract claim in relation to nominal damages and found that the case should be remanded to a state court (Thomas Alston v. Flagstar Bank, FSB, No. 14-7066, D.C. Cir.; 2015 U.S. App. LEXIS 11275).
CEDAR RAPIDS, Iowa - A commercial general liability insurance policy's impaired property exclusion precludes coverage for a university's loss-of-use claim which arose out of a delay or failure by an insured to perform under its subcontract, an Iowa federal magistrate judge found July 1, ruling that the insurer did not have a duty to defend (Peterson Contractors Inc. v. The Travelers Indemnity Co., No. 14-63, N.D. Iowa; 2015 U.S. Dist. LEXIS 86936).
BALTIMORE - A Maryland federal judge on July 2 dismissed a generic drug manufacturer's pay-for-delay lawsuit against Alaska's attorney general regarding settlements for Loestrin FE 24 and Effexor XR (Lupin Pharmaceuticals Inc., et al. v. Craig Richards, No. 15-1281, D. Md.).
AUSTIN, Texas - A concert organizer, a security company and a sponsor of the concert are not vicariously liable for injuries suffered by a concert attendee as the result of the negligence of a third party, a Texas appeals court ruled July 3 (Richard Patrick Fagerberg v. Steve Madden Ltd., et al., No. 03-13-002860-CV, Texas App., 3rd Dist.; 2015 Tex. App. LEXIS 6887).
NEW YORK - The Second Circuit U.S. Court of Appeals on July 2 vacated an order denying a motion for partial summary judgment sought by unpaid magazine interns for reconsideration in light of another Second Circuit ruling in an intern case the same day in which the appellate court established a set of factors courts can use to consider whether an intern is an employee (Xuedan Wang, et al. v. The Hearst Corp., No. 13-4480, 2nd Cir.; 2015 U.S. App. LEXIS 11516).
PHILADELPHIA - A Pennsylvania federal judge on July 2 denied a motion by Allergan Inc. to certify an interlocutory review of his ruling that the company paid kickbacks to doctors which, in turn, caused false claims for prescription drugs to be submitted to government health care programs (United States of America, ex rel. Herbert J. Nevyas, M.D., et al. v. Allergan, Inc., No. 09-532, E.D. Pa.; 2015 U.S. Dist. LEXIS 86243).
NEW YORK - The Second Circuit U.S. Court of Appeals on July 2 vacated an order conditionally certifying a nationwide class of unpaid interns working at divisions of Fox Searchlight Pictures Inc. and Fox Entertainment Group Inc. (collectively, Fox) and vacated an order granting partial summary judgment to two of those interns and remanded for reconsideration of the interns' employment status based on a new test focusing on the educational aspects of the internships (Eric Glatt, et al. v. Fox Seachlight Pictures, Inc., et al., Nos. 13-4478 and 13-4481, 2nd Cir.; 2015 U.S. App. LEXIS 11435).
PHOENIX - An Arizona appeals panel held June 30 that a jury's final verdict that awarded $1,134,442 in damages to a commercial diving services company on its breach of contract and negligence claims against its insurance broker was excessive and not justified by the evidence on record, vacating the award and remanding for a new trial on the issue of damages (Deepwater Divers Inc. v. Wells Fargo Insurance Services USA Inc., No. 1 CA-CV 13-0518, Ariz. App., Div. 1; 2015 Ariz. App. Unpub. LEXIS 862).
NASHVILLE, Tenn. - A Tennessee court on June 30 rejected a railroad's challenges to asbestos causation experts and evidence and affirmed a $3,335,685 judgment (Linda J. Russell, et al. v. Illinois Central Railroad Co., No. W2013-02453-COA-R3-CV, Tenn. App.; 2015 Tenn. App. LEXIS 520).
PHILADELPHIA - The Third Circuit U.S. Court of Appeals on July 2 ruled that the plaintiff law firm of Girardi Keese in Los Angeles is subject to a 7 percent common benefit assessment fee in the Avandia multidistrict litigation even though most of the firm's cases were filed and resolved in California state court (In Re: Avandia Marketing, Sales Practices and Products Liability Litigation, No. 14-2980, 3rd Cir.; 2015 U.S. App. LEXIS 11447).
ANNAPOLIS, Md. - The Maryland Court of Special Appeals on July 2 reversed and remanded a lead-based paint injury lawsuit, concluding that there was ample evidence to establish causation such that the case should not have been dismissed on summary judgment (Myishia Smith v. Rowhouses Inc., No. 993, Sept. Term, 2014; 2015 Md. App. LEXIS 85).
CINCINNATI - A panel of the Sixth Circuit U.S. Court of Appeals on July 1 affirmed a ruling of an Ohio federal court and determined that two parties engaged in a contract dispute pertaining to their responsibilities stemming from a groundwater contamination lawsuit were liable to pay their own costs in the litigation (Warren Drilling Co. Inc. v. Equitable Production Co., No. 15-0483, 6th Cir.; 2015 U.S. App. LEXIS 11530).
BUFFALO, N.Y. - A federal magistrate judge in New York on July 2 granted in part a motion to compel filed by a defendant company in a Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) lawsuit seeking production of emails between the plaintiff company and an environmental engineering firm, ruling that some information was not protected from disclosure by the attorney-client privilege (NL Industries v. ACF Industries, et al., No. 10cv89, W.D. N.Y.; 2015 U.S. Dist. LEXIS 86677).
INDIANAPOLIS - A federal magistrate judge in Indiana on July 2 granted in part an insured's motion to reconsider an April 7 order regarding its motion to compel production of its insurer's underwriting material and claims handling manual (Indianapolis Airport Authority v. Travelers Property Casualty Company of America, No. 13-01316, S.D. Ind.; 2015 U.S. Dist. LEXIS 86315).
WASHINGTON, D.C. - A Delaware federal judge "clearly erred" in finding that batches of the anti-coagulant drug bivalirudin prepared by a laboratory were not sold to a patent infringement plaintiff before the critical date specified in the relevant patent applications, as well as that the batches were prepared for an experimental purpose, according to a July 2 ruling by the Federal Circuit U.S. Court of Appeals (The Medicines Company v. Hospira Inc., Nos. 14-1469, -1504, Fed. Cir.).
NEW YORK - A multiemployer pension plan failed to demonstrate the amount of unfunded benefits attributable to post-petition operation of a bankruptcy estate, the Second Circuit U.S. Court of Appeals ruled on July 2 in a summary order disallowing the plan's administrative expense claim for a portion of the estate's withdrawal liability (Food Employers Labor Relations Association and United Food and Commercial Workers Pension Fund v. The Great Atlantic & Pacific Tea Company, No. 14-3349-bk, 2nd Cir.; 2015 U.S. App. LEXIS 11402).
SAN DIEGO - In a July 2 unpublished opinion, a California appeals court affirmed a class action settlement over the objections of a class member in a case accusing QuickTrim LLC of improperly labeling its product in violation of the state's unfair competition law (UCL) (Teresa Anaya, et al. v. QuickTrim, et al., No. D067432, Calif. App., 4th Dist., Div. 1; 2015 Ca. App. Unpub. LEXIS 4697).
WASHINGTON, D.C. - A chairman for the International Centre for Settlement of Investment Disputes (ICSID) on July 1 denied a request by the Bolivarian Republic of Venezuela to disqualify the majority of the tribunal hearing a case filed by investors in relation to oil projects in Venezuela (ConocoPhillips Petrozuata B.V., et al. v. Bolivarian Republic of Venezuela, No. ARB/07/30, ICSID).