HARRISBURG, Pa. - A Pennsylvania federal judge on May 3 mostly granted summary judgment to a school district on claims that it violated the First and 14th Amendments to the U.S. Constitution by disciplining a student for an off-campus Facebook posting related to a bomb threat, with the judge finding the discipline proper because it was reasonable to forecast that the post would cause a substantial on-campus disruption (R.L., et al. v. Central York School District, et al., No. 1:14-cv-00450, M.D. Pa.; 2016 U.S. Dist. LEXIS 58446).
COLUMBIA, S.C. - A South Carolina appellate panel on May 4 ruled that a trial court erred in finding that the statute of repose for medical malpractice actions begins to run at the medical professional's first alleged misdiagnosis, reversing the court's grant of summary judgment in favor of the defendants and remanding for additional proceedings (Virginia L. Marshall and Todd W. Marshall v. Kenneth A. Dodds, M.D., et al., No 5403, S.C. App.; 2016 S.C. App. LEXIS 47).
CHICAGO - A judge did not err allowing a minor child's testimony in a sex abuse case nor did the judge err in admitting testimony revealing that the defendant refused to submit to a polygraph, the Seventh Circuit U.S. Court of Appeals affirmed May 4 (United States of America v. David A. Resnick, No. 14-3791, 7th Cir.; 2016 U.S. App. LEXIS 8193).
CLEVELAND - A judge erred when he failed to conduct a hearing on the underpinnings of two experts' testimony that every exposure to asbestos contributes to disease, an Ohio appeals court held May 5 (Barbara Watkins, et al. v. Affinia Group, et al., No. CA-15-102538, Ohio App., 8th Dist.).
NEW ORLEANS - Whether a premises owner owed a duty to the wife of an independent contractor's employee is a jury question, a Louisiana appeals court held May 4 in reversing summary judgment on the issue (Elizabeth Gailyne Sutherland v. Alma Plantation LLC, et al., No. 2015-CA-1136, La. App., 4th Cir.; 2016 La. App. LEXIS 885).
SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on May 3 ruled that a federal district court did not err in dismissing federal securities law claims against a company, several of its current and former officers and directors and underwriters of the company's initial public offering (IPO) because investors failed to properly plead any material misrepresentations or scienter in making their claims (Cliff Mosco, et al. v. Motricity Inc., et al., No. 13-36029, 9th Cir.).
SAN FRANCISCO - In a copyright infringement lawsuit between Oracle America Inc. and Google Inc., a California federal judge on May 3 excluded a damages expert from testifying on a forecast to calculate Oracle's lost profits beyond 2011 and ordered that the expert must adjust his totals to reflect that limitation (Oracle America, Inc. v. Google, Inc., No. 10-03561, N.D. Calif.; 2016 U.S. Dist. LEXIS 58819).
TRENTON, N.J. - Allegations by a patent infringement defendant of antitrust injury were dismissed May 4 by a New Jersey federal judge; however, the defendant was granted leave to amend to cure various deficiencies in the antitrust counterclaim (Otsuka Pharmaceutical Co. Ltd. v. Torrent Pharmaceutical Limited Inc., No. 14-4671, D. N.J.; 2016 U.S. Dist. LEXIS 59158).
DENVER - Findings by an arbitrator and a Colorado federal judge that a construction company incurred no withdrawal liability under the Multiemployer Pension Plan Amendment Act (MPPAA) when it stopped contributing to a multiemployer pension plan were reversed and remanded by the 10th Circuit U.S. Court of Appeals on May 3 (Ceco Concrete Construction LLC v. Centennial State Carpenters Pension Trust, et al., Nos. 15-1021, -1190, 10th Cir.; 2016 U.S. App. LEXIS 7997).
WASHINGTON D.C. - The U.S. Department of Transportation's National Highway Traffic Safety Administration (NHTSA) on May 4 expanded the recall of Takata air bag inflators by an additional 35 million to 40 million, after confirming that the root cause of the inflators' propensity to rupture is linked to the degradation of ammonium nitrate propellant after it is exposed to humidity and moisture. The expansion brings the total of Takata air bags recalled to 68.8 million.
WASHINGTON D.C. - The Food and Drug Administration on May 5 announced that it will soon regulate the sale and distribution of all tobacco products, including e-cigarettes, cigars, hookah tobacco and pipe tobacco. The agency currently regulates cigarette, cigarette tobacco, roll-your-own tobacco and smokeless tobacco.
ELGIN, Ill. - An Illinois appeals panel on May 2 found that insurers properly received regulatory approval for use of the "Violation of Statutes" exclusion in all of their policies, affirming a lower court's ruling in favor of the insurers in a coverage dispute over unsolicited fax advertisements (Ce Design Ltd., et al. v. Valley Forge Insurance Co., et al., No. 2-15-0530, Ill. App., 2nd Dist.; 2016 Ill. App. Unpub. LEXIS 853).
MONTGOMERY, Ala. - Summary judgment in an insurance breach of contract lawsuit is proper, a federal judge in Alabama ruled May 2, because an insured failed to submit affidavits in support of its claim within the statutorily required timeframe (Barbara Brown v. Allstate Property and Casualty Insurance Co., No. 15-488, M.D. Ala.; 2016 U.S. Dist. LEXIS 57886).
TAHLEQUAH, Okla. - Drugmakers accused by the Cherokee Nation of negligently selling the diabetes drug Actos to tribal members who developed bladder cancer due to the drug urged the tribe's supreme court on May 3 to reverse a tribal court finding that it has jurisdiction over the companies at issue (Takeda Pharmaceuticals USA, Inc., et al. v. The Cherokee Nation, et al., No. SC-16-02, Cherokee Sup.).
FAYETTEVILLE, N.C. - A federal judge in North Carolina on May 3 granted a motion to stay proceedings in a declaratory relief suit brought by an insurer, ruling that resolution of an underlying state court proceeding is necessary before the insureds can proceed with their counterclaims for, among other things, insurance breach of contract and bad faith (Liberty Mutual Fire Insurance Co. v. KB Home, et al., No. 13-0831, E.D. N.C.; 2016 U.S. Dist. LEXIS 58667).
HARRISBURG, Pa. - A Pennsylvania Superior Court panel on May 3 found that a trial court erred in dismissing claims against the National Collegiate Athletic Association (NCAA) because a jury could find that the organization owed a duty to screen a student athlete for a potentially dangerous condition before he died; the panel remanded the suit for further proceedings (Jack Hill Sr., et al. v. Slippery Rock University, et al., No. 180-WDA-2015, Pa Super.; 2016 Pa. Super. LEXIS 252).
MARLBOROUGH, Mass. - Boston Scientific Corp. on May 4 said that as of May 2, it has entered into master settlement agreements with certain plaintiffs' counsel to resolve about 11,000 of its 36,000 pelvic mesh lawsuits.
BOSTON - Six people facing federal criminal charges including murder in connection with the 2013 contaminated compounded drug scandal on May 3 lost their bid in a Massachusetts federal court to dismiss Racketeer Influenced and Corrupt Organizations Act criminal counts based on alleged violations of the United States Pharmacopeia (USP) (United States of America v. Barry J. Cadden, et al., No. 14-cr-10363, D. Mass.).
DETROIT - An employee of the City of Flint, Mich., who is one of three men indicted in connection with the Flint lead-contaminated water crisis, has reached a plea deal with the special prosecutor, the Michigan attorney general announced May 3.
TRENTON, N.J. - A group of residents on May 2 filed a purported class action in New Jersey federal court seeking compensatory and punitive damages against Gov. Chris Christie and officials associated with Newark Public Schools in relation to lead-contaminated drinking water in the city and its schools (Veronica Branch, et al v. Chris Christie, et al., No. 16-2467, D. N.J.).
SAN FRANCISCO - In a May 3 minute order, a California federal magistrate judge granted Apple Inc.'s motion to quash a subpoena served on it by the merchant plaintiffs in an antitrust lawsuit against credit card companies and issuing banks related to purportedly fixed intercharge fees (In re Payment Card Intercharge and Merchant Discount Antitrust Litigation, No. 3:16-mc-80069, N.D. Calif.).
SAN FRANCISCO - In a copyright infringement lawsuit between Oracle America Inc. and Google Inc., a California federal judge on May 2 excluded any portions of an expert's survey or opinions based on pretest results as unreliable (Oracle America, Inc. v. Google, Inc., No. 10-03561, N.D. Calif.; 2016 U.S. Dist. LEXIS 58304).
PASADENA, Calif. - A California federal court properly dismissed a call center employee's rounding and unpaid wage claims and, because judgment on the rounding claim was affirmed, there is no need for reconsideration of a motion for class certification, a Ninth Circuit U.S. Court of Appeals panel ruled May 2 (Andre Corbin, et al. v. Time Warner Entertainment Advance/Newhouse Partnership, No. 13-55622, 9th Cir.; 2016 U.S. App. LEXIS 7896).