CHARLESTON, W.Va. - A day after denying exclusion of a plaintiff causation expert in a Cook Inc. pelvic mesh multidistrict litigation bellwether case, a West Virginia federal judge on March 27 granted summary judgment, agreeing with the defendant that the expert failed to support her injury claim (Mary Hovey v. Cook Incorporated, et al., No. 13-18900, S.D. W.Va.).
NASHVILLE, N.C. - Ford Motor Co. reached a confidential settlement March 30 after a North Carolina state court jury failed to reach a verdict in a suit alleging that the automaker's failure to include a three-point seat belt for center rear passengers in its 1999 model year Escort caused a teenager to become paralyzed in a crash (Amos Tyndall, as guardian ad litem for Che-Val Batts, v. Ford Motor Co., et al., No. 11-CVS-86, N.C. Super., Nash Co.).
PHILADELPHIA - The Federal Trade Commission and Wyndham Worldwide Corp. on March 27 submitted memoranda to the Third Circuit U.S. Court of Appeals regarding whether federal courts have jurisdiction over a question of first instance pertaining to whether Wyndham's purportedly deficient cybersecurity practices can be construed as "unfair" under the Federal Trade Commission Act (FTC Act) (Federal Trade Commission v. Wyndham Worldwide Corp., et al., No. 14-3514, 3rd Cir.).
DENVER - A federal judge in Colorado on March 27 dismissed a suit brought by the parents of a woman who was killed in the July 2012 mass shooting at an Aurora, Colo., movie theater, finding that the named defendants, online sellers of gun-related equipment, including ammunition and body armor, are shielded from liability by state law (Sandy Phillips, et al. v. Lucky Gunner LLC, et al., No. 14-cv-02822-RPM, D. Colo.).
HONOLULU - A designated premises endorsement (DPE) provides insurance coverage for negligence claims arising out of the use of the insured's corporate headquarters for purposes of damages sustained from the collapse of a dam sold by the insured, the Hawaii Supreme Court ruled March 27 (C. Brewer and Company Ltd. v. Marine Indemnity Insurance Company of America, et al., No. SCWC-28958, Hawaii Sup.; 2015 Haw. LEXIS 62).
WASHINGTON, D.C. - The U.S. Supreme Court on March 30 granted a petition for writ of certiorari in a securities class action lawsuit but remanded the action to a federal circuit court for further consideration in light of the Supreme Court's recent ruling in Omnicare Inc. v. Laborers District Council Construction Industry Pension Fund (No. 13-435, U.S. Sup.) (Marshall Freidus, et al. v. ING Groep NV, et al., No. 13-1505, U.S. Sup.).
NEW YORK - A federal district court judge did not err in denying shareholders' motion for leave to amend their securities class action complaint because they failed to plead auditor scienter, a Second Circuit U.S. Court of Appeals panel ruled March 25 (In re Advanced Battery Technologies Inc., et al., No. 14-1410, 2nd Cir.; 2015 U.S. App. LEXIS 4879).
RALEIGH, N.C. - A federal bankruptcy court judge in North Carolina on March 27 denied an electrical conduit subcontractor's motion to reconsider or amend a previous ruling denying its motion for summary judgment in a third-party suit brought by a subcontractor that installed a post-tension system in a condominium complex's concrete, finding that the electrical subcontractor did not show that the Sept. 30, 2014, order was based on clear error (New Bern Development LLC, No. 09-10340-SWH, E.D N.C. Bky.; 2015 Bankr. LEXIS 952).
CHICAGO - An Illinois federal judge on March 25 granted an employer's motion for partial summary judgment in an employee's wage-and-hour class complaint, finding that the employee failed to show that there was an employment agreement entitling him to overtime pay (Steven Schneider, et al. v. Ecolab, Inc., No. 14-1044, N.D. Ill.; 2015 U.S. Dist. LEXIS 37440).
WASHINGTON, D.C. - The Supreme Court on March 30 declined a challenge to the Patient Protection and Affordable Care Act (ACA) alleging that the individual mandate impermissibly required disclosure of confidential personal information (Nick Coons, et al. v. Jacob L. Lew, et al., No. 14-525, U.S. Sup.).
SACRAMENTO, Calif. - A federal judge in California dismissed a state unfair competition law (UCL) claim in part of his ruling on a motion to dismiss a housing foreclosure dispute (Edgar Gardner III v. Nationstar Mortgage, et al., No. 14-1583, E.D. Calif.; 2015 U.S. Dist. LEXIS 39041).
CLEVELAND - An Ohio federal judge on March 27 granted a bank's motion to dismiss certain claims against it but granted a request by homeowners to file an amended complaint to reclassify their claim for violation of the Truth in Lending Act (TILA) as a claim for violation of the Real Estate Settlement Procedures Act (RESPA) (Douglas Belknap, et al. v. Bank of America Corp., No. 1:14-cv-1540, N.D. Ohio; 2015 U.S. Dist. LEXIS 39296).
DENVER - Allegations of patent infringement levied against Comcast Corp. were objectively unreasonable, a Colorado federal judge ruled March 27 (Brilliant Optical Solutions LLC v. Comcast Corp., No. 13-886, D. Colo.; 2015 U.S. Dist. LEXIS 39260).
NEW ORLEANS - A Louisiana federal judge on March 27 refused a property management company's request to add new allegations related to an alleged breach of a lease agreement, finding that its request was untimely (Bayou Liberty Property LLC v. Best Buy Stores, LP, et al., No. 14-1112, E.D. La.; 2015 U.S. Dist. LEXIS 39383).
PASADENA, Calif. - A Ninth Circuit U.S. Court of Appeals panel on March 25 upheld overtime wages awards for two Costco Wholesale Corp. managers but reversed the continuing wages award for one, finding that there was no evidence that the employer willfully failed to pay that employee overtime when he was terminated (Virginia Velazquez, et al. v. Costco Wholesale Corporation, Nos. 13-55241 and 13-55822, 9th Cir.; 2015 U.S. App. LEXIS 4859).
CHARLESTON, W.Va. - The West Virginia federal judge overseeing the Boston Scientific Corp. pelvic mesh multidistrict litigation on March 26 dismissed a plaintiff's claim with prejudice, saying she missed Utah's two-year statute of limitations (In Re: Boston Scientific Corp. Pelvic Repair System Products Liability Litigation, MDL Docket No. 2326, No. 12-md-2326, Sharrene Timothy, et al. v. Boston Scientific Corp., No. 12-5950, S.D. W.Va., Charleston Div.; 2015 U.S. Dist. LEXIS 38389).
WASHINGTON, D.C. - The U.S. Supreme Court on March 30 denied a generic drug manufacturer's petition to review an Iowa Supreme Court ruling that the company is liable for failing to update its warning label for metoclopramide (PLIVA Inc. v. Theresa Huck, No. 14-544, U.S. Sup.).
WASHINGTON, D.C. - The U.S. Supreme Court on March 30 granted a petition for writ of certiorari in a dispute over the meaning of "equitable relief" within Employee Retirement Income Security Act Section 502(a)(3) as it relates to an attempt to recover an alleged overpayment (Robert Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan, No. 14-723, U.S. Sup.).
BOSTON - A federal judge in Massachusetts confirmed an asbestos-related reinsurance arbitration award in an electronic order on March 28, noting that the parties do not dispute the award (Liberty Mutual Insurance Company v. R&Q Reinsurance Company, No. 14-cv-13306, D. Mass.).
TAMPA, Fla. - A federal judge in Florida on March 25 denied a title insurer's motion to dismiss its reinsurer's negligence claim, noting the duty of good faith that governs the relationship between insurer and reinsurer (Old Republic National Title Insurance Company v. First American Title Insurance Company, No. 15-cv-00126, M.D. Fla.; 2015 U.S. Dist. LEXIS 37747).
TUCSON, Ariz. - An Arizona appeals court on March 27 affirmed a trial court's ruling to grant judgment for a restoration company, finding that property owners failed to show that it was negligent in allowing hazardous materials, including lead and mold, to contaminate their house (Albert Watson, et. al. v. Stratton Restoration, No. 2014-0063, Ariz. App.; 2015 Ariz. App. Unpub. LEXIS 393).