WASHINGTON, D.C. - A judge in the U.S. Court of Appeals for Veterans Claims on June 23 vacated and remanded a ruling that denied a veteran benefits for his chloracne that he claimed was the result of exposure to Agent Orange. The judge ruled that there needed to be a "critical examination" of the justification of the decision (David J. Lytle v. Robert A. McDonald, No. 15-2288, U.S. App. Vet. Clms. 2016 U.S. App. Vet. Claims LEXIS 939).
RICHMOND, Va. - A Virginia Republican Party delegate filed a class complaint on June 24 in a Virginia federal court, seeking emergency injunctive relief from Virginia law to allow him and other delegates, both Democrats and Republicans, to vote their consciences at the parties' July national conventions (Carroll Boston Correll, Jr., et al. v. Mark R. Herring, et al., No. 16-467, E.D. Va.).
CONCORD, N.H. - The liquidator of an insolvent insurer asked a New Hampshire court on June 22 to approve his recommendation of a $28 million settlement of certain asbestos-related bodily injury claims with one of the insolvent insurer's insureds (In the Matter of the Liquidation of The Home Insurance Company, No. 03-E-0106, N.H. Sup., Merrimack Co.).
PORTLAND, Ore. - A couple mistakenly argues that the mere presence of a company's product at a jobsite can support an $8 million asbestos verdict, Kaiser Gypsum Corp. argues in a June 22 brief seeking to overturn the verdict (David P. Hoff, et al. v. CertainTeed Corp., et al., No. 15CV23996, Ore. Cir., Multnomah Co.).
WAUSAU, Wis. - Allegations of an insider sale that left the seller insolvent support the conclusion that the transaction was done to avoid asbestos liabilities, a Wisconsin appeals court held in reversing summary judgment on June 23 (Penny L. Springer v. Nohl Electric Products Corp., et al., No. 2010CV622, Wis. App., Dist. IV; 2016 Wisc. App. LEXIS 383).
CHICAGO - Nearly two months after agreeing to award additional attorney fees in a settled class suit against Southwest Airlines Co. over its decision to stop honoring drink vouchers, an Illinois federal judge on June 22 granted a motion for reconsideration and vacated the fee award to provide the class with notice of the request for additional fees (In re: Southwest Airlines Voucher Litigation, No. 11-8176, N.D. Ill.; 2016 U.S. Dist. LEXIS 80834).
LEXINGTON, Ky. - An expert's proposed opinions concerning the labeling and intended use of a defendant's products, the compounds found in bloodroot and the dangers of escharotic agents are relevant and not unduly prejudicial, a Kentucky federal judge ruled June 22, allowing the expert to provide testimony on behalf of the U.S. government's lawsuit for violations under the Food, Drug and Cosmetic Act (FDCA), 21 U.S. Code Section 301 (United States of America v. Samuel A. Girod, No. 15-CR-87, E.D. Ky.; 2016 U.S. Dist. LEXIS 81047).
LAS VEGAS - A Nevada federal magistrate judge on June 23 barred expert testimony on blood samples in an estate executor's lawsuit against a clinical laboratory services provider and the Nevada State Athletic Commission (NSAC) with regard to libel and slander claims based upon a false HIV test that resulted in the end of a boxer's career (Patricia Harding Morrison v. Quest Diagnostics Inc., et al., No. 14-01207, D. Nev.; 2016 U.S. Dist. LEXIS 82689).
NEWPORT NEWS, Va. - A man accused of violating federal child pornography laws saw his motions to suppress evidence gained via tracking software and to compel that software's source code denied by a Virginia federal judge on June 23, who held that the Federal Bureau of Investigation obtained the warrant to use the software in accordance with the guidelines of the Fourth Amendment to the U.S. Constitution (United States of America v. Edward Joseph Matish III, No. 4:16-cr-00016 E.D. Va.).
CINCINNATI - A Tennessee federal judge's decision to award prevailing party attorney fees to a copyright infringement defendant was affirmed June 22 by the Sixth Circuit U.S. Court of Appeals, which rejected a plaintiff's appeal as nothing more than a "rehash" of arguments that failed in a district court (Taryn Murphy, et al. v. Sergey Lazarev, No. 15-6100, 6th Cir.; 2016 U.S. App. LEXIS 11633).
NEW YORK - An insurer has no duty to defend its insured against an underlying environmental contamination suit because the contamination at issue was not "sudden and accidental" as required by the policy, the Second Circuit U.S. Court of Appeals said June 23 in reversing a district court's judgment against the insurer (The Narragansett Electric Co. v. Century Indemnity Co., et al., Nos. 15-1137, 15-1397, 2nd Cir.; 2016 U.S. App. LEXIS 11647).
LONDON - A Japanese mobile service provider on June 24 announced that a London tribunal has ordered an Indian telecommunications company to pay it $1.17 billion for breach of a shareholders agreement.
LAKELAND, Fla. - A Florida appeals panel on June 24 reversed part of a lower court's final judgment that requires an insurer to pay $100,000 for subsurface repairs of sinkhole damage before its insureds execute a contract with a third party for those repairs, also reversing the lower court's award of prejudgment interest on the subsurface damages award (Citizens Property Insurance Corp. v. Edgardo Nunez, et al., No. 2D14-3712, Fla. App., 2nd Dist.; 2016 Fla. App. LEXIS 9693).
PHILADELPHIA - Although it mostly affirmed the dismissal of class claims against Viacom Inc. and Google Inc. related to the purported collection of children's personal information via the Nickelodeon network's websites, a Third Circuit U.S. Court of Appeals panel on June 27 found that an intrusion upon seclusion claim against Viacom was sufficiently alleged, vacating dismissal of the claim and remanding for further proceedings (In Re: Nickelodeon Consumer Privacy Litigation, No. 15-1441, 3rd Cir.).
WASHINGTON, D.C. - The U.S. Supreme Court on June 27 declined review of a First Circuit U.S. Court of Appeals ruling that overturned the dismissal of a whistle-blower lawsuit against a nursing home pharmacy for filing false claims with the federal and state governments (PharMerica Corporation v. United States of America, ex rel. Robert Gadbois, No. 15-1309, U.S. Sup.).
WASHINGTON, D.C. - The U.S. Supreme Court on June 27 denied petitions for writ of certiorari filed by two Indian tribes appealing two Sixth Circuit U.S. Court of Appeals decisions in which divided panels enforced the National Labor Relations Board's jurisdiction over the tribes' casino operations (Little River Band of Ottawa Indians Tribal Government v. National Labor Relations Board, No. 15-1024; Soaring Eagle Casino and Resort v. National Labor Relations Board, No. 15-1034, U.S. Sup.).
WASHINGTON, D.C. - Following the recommendation of the U.S. government, the U.S. Supreme Court on June 27 granted certiorari in a patent dispute but limited its grant to the second question presented in the petition by Life Technologies Corp. (LifeTech) (Life Technologies Corp. v. Promega Corp., No. 14-1538, U.S. Sup.).
CINCINNATI - An Ohio federal judge on June 21 dismissed a class complaint accusing a seafood and steakhouse of failing to properly compensate its workers for nontipped duties performed before and after closing and improperly deducting transaction fees from tips paid via credit cards (Chelsey Craig, et al. v. Landry's, Inc., et al., No. 16-277, S.D. Ohio; 2016 U.S. Dist. LEXIS 80489).
MINNEAPOLIS - A workers' compensation insurer for teams in the National Hockey League (NHL) in a June 21 brief asked the judge overseeing the NHL concussion multidistrict litigation to issue an order limiting further production of independent medical examinations (IMEs) to those it already secured for the former players in the MDL (In re: National Hockey League Players Concussion Injury Litigation, MDL No. 14-2551, D. Minn.).
DENVER - A Colorado federal judge on June 22 granted a motion for class certification and denied a defense motion to exclude expert testimony in a case alleging that Great-West Life & Annuity Insurance Co. breached its fiduciary duties under the Employee Retirement Income Security Act (John Teets v. Great-West Life & Annuity Insurance Co., No. 14-02330, D. Colo.).
SAN FRANCISCO - The component parts doctrine does not insulate materials suppliers from liability for injuries arising from the intended use of those materials where the products were not incorporated into a different or finished product, the California Supreme Court affirmed June 23 (Flavio Ramos, et al. v. Brenntag Specialties Inc., et al., No. S218176, Calif. Sup.).
NEW ORLEANS - A trial judge properly excluded expert testimony, agreeing that the partial deposition testimony he saw provided an insufficient ground on which to opine about the link between a man's asbestos exposure and his fatal lung cancer, and without that testimony, summary judgment was appropriate, a Louisiana appeals court held June 22 (Dwayne Boudreaux, et al. v. Bollinger Shipyard, et al., No. 2015-CA-1345, Gerilyn Cook, et al. v. Bollinger Shipyard, et al., No. 2015-C-0958, La. App., 4th Cir.; 2016 La. App. LEXIS 1229).