FORT LAUDERDALE, Fla. - After rejecting an expert's testimony that every exposure to asbestos substantially contributes to developing mesothelioma, a Florida appeals court on Sept. 14 granted a directed verdict to a gasket company and ordered a new trial for a tobacco company (Crane Co., R.J. Reynolds Tobacco Co., and Hollingsworth & Vose Co. v. Richard DeLisle and Aline DeLisle, Nos. 4D13-4351, 4D14-146, Fla. App., 4th Dist.).
NEW YORK - The Second Circuit U.S. Court of Appeals on Sept. 14 denied General Motors LLC's petition for panel rehearing or rehearing en banc of the court's July decision that the 2009 sale order under which it purchased assets from the bankrupt General Motors Corp. violated the due process rights of people allegedly injured by an ignition switch defect in GM vehicles (In Re: Motors Liquidation Company, Nos. 15-2844, 15-2847 and 15-2848, 2nd Cir.).
WILMINGTON, Del. - The Delaware Supreme Court on Sept. 12 determined that coverage for underlying asbestos bodily injury claims is owed if the bodily injury was sustained during the applicable policy periods of the excess insurance policies at issue (In re Viking Pump Inc. and Warren Pumps LLC Insurance Appeals, Nos. 518, 2014; 523, 2014; 525, 2014; 528, 2014, Del. Sup.; 2016 Del. LEXIS 474).
SAN JOSE, Calif. - In a putative class complaint filed Sept. 12 in California federal court, a New York man alleges breach of contract and unfair competition against Apple Inc. for its purported failure to live up to its pledge to annually furnish the latest models of iPhones to members of its "iPhone Upgrade Program" (Emil Frank v. Apple Inc., No. 5:16-cv-05217, N.D. Calif.).
WASHINGTON, D.C. - In a Sept. 13 order, the U.S. Supreme Court denied an application for stay filed by Backpage.com LLC CEO Carl Ferrer, in which he sought relief from a District of Columbia Circuit U.S. Court of Appeals order requiring him to comply with a U.S. Senate subcommittee subpoena related to an investigation of online sex trafficking (Carl Ferrer v. Senate Permanent Subcommittee on Investigations, No. 16A236, U.S. Sup.; 2016 U.S. LEXIS 4452).
MILWAUKEE - Efforts by myriad infringement defendants to invalidate various copyrights as a sanction for the alleged spoliation of evidence were unsuccessful on Sept. 12, when a Wisconsin federal judge denied the request and instead scheduled the case for trial, indicating that no reference to spoliation will appear in the jury instructions (Design Basics LLC v. Campbellsport Building Supply Inc., et al., No. 13-560, E.D. Wis.; 2016 U.S. Dist. LEXIS 123126).
BOSTON - A Massachusetts federal judge on Sept. 13 granted three California plaintiffs' motion to sever and transfer their class action claims against a cleaning franchisor to the U.S. District Court for the Northern District of California, saying that California has a greater interest in this case and that all claims brought by Massachusetts plaintiffs have been dismissed (Giovani Depianti, et al. v. Jan-Pro Franchising Inc., No. 08-10663, D. Mass.; 2016 U.S. Dist. LEXIS 124106).
NEWARK, N.J. - A New Jersey federal judge on Sept. 13 granted final certification of a collective action filed by assistant store managers (ASMs) seeking unpaid overtime wages under the Fair Labor Standards Act (FLSA) and certified three out of four proposed classes alleging violations of various state wage-and-hour laws (Kyle Rivet, et al. v. Office Depot, Inc., No. 12-2992, D. N.J.; 2016 U.S. Dist. LEXIS 123655).
MIAMI - A contractual dispute was dismissed Sept. 12 by a Florida federal judge, who found that a plaintiff's allegations of trademark infringement - the only alleged basis for federal jurisdiction - fail to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6) (Mainstream Advertising Inc. v. Moniker Online Services LLC, No. 16-61316, S.D. Fla.; 2016 U.S. Dist. LEXIS 123132).
NEW YORK - A New York federal judge on Sept. 12 explained, in writing, his Aug. 31 "bottom-line Order" that dismissed allegations of copyright infringement levied against pop star Beyonce and others associated with the film and musical album "Lemonade" (Matthew Fulks v. Beyonce Giselle Knowles-Carter, et al., No. 16-4278, S.D. N.Y.; 2016 U.S. Dist. LEXIS 123150).
DETROIT - A Michigan panel on Sept. 13 affirmed summary judgment for a golf course after finding that there was no question that steps a man fell down and injured himself on were an open and obvious hazard (Steve Ayvazian v. Quest Golf Club, No. 327792, Mich. App.; 2016 Mich. App. LEXIS 1669).
DENVER - The Colorado Supreme Court on Sept. 12 found that a trial court erred in denying Ford Motor Co.'s motion to dismiss in a defective product suit against it because the court does not have personal jurisdiction over the company because Colorado is not its principal place of business (John Magill, et al. v. Ford Motor Company, et al., No. 15SA332, Colo. Sup.; 2016 Colo. LEXIS 993).
ORLANDO, Fla. - While Florida recognizes that an insured's defective work on a condominium complex gives rise to an "occurrence" caused by "property damage" under a commercial general liability insurance policy, a Florida federal judge ruled Sept. 13 that the "your work" exclusion extinguishes the insurer's duty to defend and indemnify (Evanston Insurance Co. v. DiMucci Development Corporation of Ponce Inlet Inc. and Towers Grande Condominium Association, No. 15-486, M.D. Fla.; 2016 U.S. Dist. LEXIS 123678).
BOSTON - A Massachusetts appeals panel on Sept. 13 reversed a defense verdict in a Boston Scientific Corp. (BSC) pelvic mesh case, finding that the trial judge erred by excluding evidence about a material safety data sheet (MSDS) and two Food and Drug Administration letters that called the device's safety into question (Diane Albright v. Boston Scientific Corporation, No. 15-P-633, Mass. App.; 2016 Mass. App. LEXIS 123).
CINCINNATI - The Sixth Circuit U.S. Court of Appeals on Sept. 13 affirmed that there is no coverage for a college lacrosse player's fatal injury because it falls squarely under sports participants and athletic participants policy exclusions (Underwriters Safety and Claims Inc., et al. v. Travelers Property Casualty Company of America, et al., No. 16-5143, 6th Cir.).
PHILADELPHIA - Evidence that a company would sometimes reuse original asbestos-containing insulation does not save claims based on exposure arising from turbines, but sufficient evidence exists to allow claims based on exposure from switchgears, a Third Circuit U.S. Court of Appeals panel held Sept. 13 (In re: Asbestos Products Liability Litigation, Linnie Frankenberger v. CBS Corp., No. 15-1988, 3rd Cir.).
PHILADELPHIA - Without providing any detail, a federal judge in Pennsylvania on Sept. 9 denied a shareholder's motion to reconsider an earlier ruling dismissing a securities class action complaint for failure to plead an actionable misrepresentation or scienter (Mark Silverstein v. Globus Medical Inc., et al., No. 15-5386, E.D. Pa.; 2016 U.S. Dist. LEXIS 113740).
ATLANTA - A federal district court did not err in dismissing a securities class action lawsuit against home security company The ADT Corp., its CEO and others because shareholder claims are barred pursuant to precedent and because the shareholders failed to plead any material misrepresentation or scienter, an 11th Circuit U.S. Court of Appeals panel ruled in a per curiam opinion filed Sept. 9 (IBEW Local 595 Pension and Money Purchase Pension Plans, et al. v. The ADT Corp., et al., No. 15-13595, 11th Cir.; 2016 U.S. App. LEXIS 16454).