SAN FRANCISCO - After finding that motions to dismiss claims asserted against various lenders in relation to a foreclosure relied on evidence outside of the pleadings, a California federal judge on July 22 converted it to a motion for summary judgment (Ernest L. Bonner v. Fay Servicing LLC, et al., No. 16-01363, N.D. Calif.; 2016 U.S. Dist. LEXIS 96784).
DULUTH, Minn. - A Minnesota federal judge entered judgment in favor of an insurer on July 25, three days after finding that the insurer's duty to defend or indemnify a food marketing and distribution company insured was never triggered because the insured failed to notify the insurer "as soon as practicable" of an underlying lawsuit brought by the insured's former employee (Food Market Merchandising Inc. v. Scottsdale Indemnity Co., No. 15-2874, D. Minn.; 2016 U.S. Dist. LEXIS 96234).
NEW ORLEANS - An expert may testify that a scaffolding should have been erected to provide workers a safe platform to work from as they attempted to catch leaking oil from a pipe, a Louisiana federal judge ruled July 21, finding that he will be in a better position at trial to assess whether the expert in fact reaches improper legal conclusions (Darrel J. Singleton, Jr., et al. v. Fieldwood Energy, LLC, et al., No. 15-5558, E.D. La.; 2016 U.S. Dist. LEXIS 95427).
SAN DIEGO - A California federal judge on July 22 dismissed, with leave to amend, a class complaint accusing Dooney & Bourke Inc. (D&B) of falsely inflating "original" prices on its merchandise sold in outlet stores (Monica Rael, et al. v. Dooney & Bourke, Inc., et al., No. 16-371, S.D. Calif.; 2016 U.S. Dist. LEXIS 96175).
MIAMI - A Florida federal judge on July 22 granted final approval of a class settlement, estimated to have a value ranging from $29.9 million to $73.6 million, ending a suit filed against the companies that manufactured and sold eight models of pistols that are alleged to have a defect that causes them to fire unintentionally (Chris P. Carter, et al. v. Forjas Taurus S.A., et al., No. 13-24583, S.D. Fla.; 2016 U.S. Dist. LEXIS 96054).
NEW YORK - A company claiming to be the owner of an insurer being sued by Certain Underwriting Members at Lloyd's, London over an arbitration award moved to intervene in the proceedings in a federal court in New York on July 22 (Certain Underwriting Members at Lloyd's, London Subscribing to Treaty No. 0272/04 v. Insurance Company of the Americas, No. 16-cv-00323, S.D. N.Y.).
ALEXANDRIA, Va. - A claimed method of measuring and reporting the quality of communications between a mobile device and a base station was well known to people of ordinary skill in the art before it was patented, Apple Inc. alleges in a July 22 petition for inter partes review (IPR) by the Patent Trial and Appeal Board (Apple Inc. v. Cellular Communications Equipment LLC, No. IPR2016-01480, PTAB).
ALEXANDRIA, Va. - Efforts by a petitioner to secure post-grant review of U.S. patent No. 9,108,890, issued in 2015 to The Johns Hopkins University, were unsuccessful on July 25, when the Patent Trial and Appeal Board denied the request (David Adebimpe v. The Johns Hopkins University, No. PGR2016-00020, PTAB).
ALEXANDRIA, Va. - The Patent Trial and Appeal Board on July 25 agreed to reconsider its May 2016 rejection of 21 claims in a patent directed to software deployment but again affirmed an examiner's rejection of the claims on obviousness grounds (Ex parte Jacob Taylor, et al., No. 014-006775, PTAB).
SAN JOSE, Calif. - A group of consumers who purchased laptops that were preinstalled with purported malware filed a motion for class certification in California federal court on July 22 of their unlawful access, consumer protection and related claims against the computer manufacturer and the software developer (In Re: Lenovo Adware Litigation, No. 5:15-cv-02624, N.D. Calif.).
DALLAS - A Texas diagnostic imaging services company agreed to pay $3.5 million to resolve allegations that it violated the False Claims Act (FCA) when improperly billing Medicare and Medicaid for services that were provided without proper medical supervision, the U.S. Attorney's Office for the Northern District of Texas announced July 22 (United States of America, ex rel. Tracy Sifuentes v. Preferred Imaging LLC, No. 14-cv-4555, N.D. Texas).
NEW HAVEN, Conn. -
BALTIMORE - A Maryland federal judge ruled July 22 that an insurer has a duty to defend its insured against an underlying lawsuit brought by DirecTV LLC, rejecting the insurer's argument that coverage is barred by two "unauthorized access" policy exclusions (Ellicott City Cable LLC, et al. v. Axis Insurance Co., No. 15-02506, D. Md.; 2016 U.S. Dist. LEXIS 95819).
CHICAGO - An Illinois judge on July 22 approved the return of nearly $4 million Canadian to the Lumbermens Mutual Casualty Co.'s liquidation estate that was held by a Canadian insurer that had been paying certain claims and obligation of Lumbermens' in Canada (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.).
FRANKFORT, Ky. - The "Back-Up of Sewers and Drains" coverage provided under an insurance policy is subject to a "concurrent cause" exclusion, a Kentucky appeals panel ruled July 22, affirming summary judgment to an insurer that insureds did not suffer a covered loss from water damage due to flooding (Dr. Caroline I. Hendy, et al. v. Maryland Casualty Co., No. 2015-CA-001030, Ky. App.; 2016 Ky. App. Unpub. LEXIS 502).
PHILADELPHIA - Finding that the Federal Election Campaign Act (FECA) governs the timing for public release of finance records for the July 2016 Democratic National Convention (DNC), a Pennsylvania judge on July 25 denied a reporter's motion to compel early disclosure of the records, finding Pennsylvania's Right-to-Know Law (RTKL) preempted by the federal statute (Dustin Slaughter v. Paul Deegan, et al., No. 1212, Pa. Comm. Pls., Philadelphia Co.).
HARTFORD, Conn. - A federal judge in Connecticut on July 21 denied World Wrestling Entertainment Inc.'s (WWE) motion to reconsider a previous order in which she allowed fraud by omission claims brought by two former professional wrestlers to proceed to trial because the wrestlers properly alleged harm caused by the WWE (Russ McCullough, et al. v. World Wrestling Entertainment Inc., No. 15-1074, D. Conn.).
CENTRAL ISLIP, N.Y. - A Native American cigarette manufacturer was awarded summary judgment July 21 in New York federal court on most federal cigarette tax claims filed against it by the State of New York but lost summary judgment on state law claims for failure to sell unstamped cigarettes to licensed stamping agents and failure to file annual manufacturing compliance certifications (State of New York v. Mountain Tobacco Company, d/b/a King Mountain Tobacco Company, Inc., No. 12-cv-6276, E.D. N.Y.; 2016 U.S. Dist. LEXIS 95329).
WASHINGTON, D.C. - A California federal judge's determination that Apple Inc. was entitled to a summary judgment that it did not infringe various claims of four patents was erroneous, the Federal Circuit U.S. Court of Appeals ruled July 22 (Unwired Planet LLC v. Apple Inc., No. 15-1725, Fed. Cir.; 2016 U.S. App. LEXIS 13364).
PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on July 22 affirmed a district court's decision to dismiss a claim for violation of the Truth in Lending Act (TILA) as barred by a statute of limitations because equitable tolling did not apply (Mark McQuinn, et al. v. Bank of America, N.A., as successor to in interest to Countrywide Home Loans Inc., et al., No. 14-56038, 9th Cir.; 2016 U.S. App. LEXIS 13434).