HARRISBURG, Pa. - The Pennsylvania Supreme Court on April 24 agreed to certify a question presented by the Third Circuit U.S. Court of Appeals regarding whether Pennsylvania's bad faith statute permits assignment of a tortfeasor's bad faith claim to an injured third party (Allstate Property and Casualty Insurance Co. v. Jared Wolfe, No. 23 MM 2014, Pa. Sup., Middle Dist.).
NEW YORK - After finding that a Turkish joint stock company had insufficient contacts with New York to subject it to general jurisdiction, the Second Circuit U.S. Court of Appeals on April 25 reversed a decision refusing to dismiss the case for lack of personal jurisdiction and vacated an order enforcing a $932 million arbitral award issued in favor of a Netherlands entity (Sonera Holding B.V. v. Cukurova Holding A.S., No. 12-4280, 2nd Cir.).
NEW YORK - The Second Circuit U.S. Court of Appeals on April 25 affirmed in part and vacated in part a federal court's dismissal of a putative securities fraud class action alleging that Barclays Bank PLC and its affiliates (collectively, Barclays) and former officers willfully misrepresented the bank's borrowing costs and knowingly submitted false London Interbank Offered Rate (Libor) information (Carpenters Pension Trust Fund, et al. v. Barclays PLC, et al., No. 13-2678, 2nd Cir.).
WASHINGTON, D.C. - The U.S. Supreme Court on April 28 denied certiorari in a case in which a lawyer argued that the Florida Supreme Court wrongly denied her admission to the state bar on grounds she had filed for Chapter 13 bankruptcy (B.U.U. v. Florida Board of Examiners, No. 13-1101, Chapter 13, U.S. Sup.).
WASHINGTON, D.C. - The U.S. Supreme Court on April 28 granted a petition brought by a couple seeking a determination whether a letter or lawsuit is necessary to properly exercise the right to rescind under the Truth in Lending Act (TILA) (Larry D. Jesinoski, et al. v. Countrywide Home Loans Inc., et al., No. 13-684, U.S. Sup.).
GRETNA, La. - The Fifth Circuit Louisiana Court of Appeal on April 23 vacated a defense verdict in a medical malpractice action and remanded for a new trial after ruling that the trial court made several legal errors (Marie Rhodes, et al. v. Tristan R. Schultis M.D., No. 13-CA-663, La. App., 5th Cir.; 2014 La. App. LEXIS 1090).
SAN FRANCISCO - Finding that a genuine dispute of material fact exists as to whether a California man maintained the secrecy of his purported trade secrets about a planned social network, a California federal judge on April 23 denied motions to dismiss misappropriation claims by several movants (Nextdoor.com Inc. v. Raj Abhyanker, No. 3:12-cv-05667, N.D. Calif.; 2014 U.S. Dist. LEXIS 56702).
WASHINGTON, D.C. - The federal judge in the U.S. District Court for the District of Columbia presiding over the antitrust lawsuit filed by the U.S. Department of Justice (DOJ) against U.S. Airways Group Inc. opposing its proposed merger with American Airlines Inc. on April 25 ruled that the merger was "in the public interest" (United States of America v. U.S. Airways Group Inc., et al., No. 13-1236, D. D.C.).
TRENTON, N.J. - A pharmaceutical manufacturer that alleged that its competitor violated federal and state antitrust laws by using market-share discounting practices and exclusionary contracts with hospitals filed a notice of appeal on April 23 to the Third Circuit U.S. Court of Appeal of the trial court's order granting summary judgment against it (Eisai Inc. v. Sanofi-Aventis U.S., LLC, et al., No. 08-4168, D. N.J.).
HONOLULU - Affidavits from retired officers to the effect that the Navy issued precise specifications and evidence that Crane Co.'s products met those specifications create a colorable federal defense in an asbestos case, a Ninth Circuit U.S. Court of Appeals panel held April 25 (Douglas P. Leite and Mary Ann K. Leite v. Crane Co., et al., David Thompson v. Crane Co., Nos. 12-16864, 12-16982, 9th Cir.).
WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on April 25 affirmed certain holdings and reversed others in a high-stakes smart phone patent dispute between Apple Inc. and Motorola Mobility Inc. (Apple Inc. v. Motorola Mobility Inc., Nos. 12-1548, -1549, Fed. Cir.).
DURHAM, Ore. - Oregon dumped its failed Patient Protection and Affordable Care Act (ACA) state exchange at an agency board meeting on April 25, with the governing body unanimously adopting a technology workgroup suggestion that the federal exchange provided the most reliable and least costly option going forward.
KANSAS CITY, Kan. - A federal judge in Kansas on April 21 dismissed the National Credit Union Administration Board's remaining claims in a federal securities lawsuit, ruling that those claims are time-barred and not entitled to equitable tolling (National Credit Union Administration Board v. UBS Securities LLC, No. 12-2591, D. Kan.).
NEW YORK - Barclays Bank PLC and certain of its affiliates will pay $280 million to settle claims with the Federal Housing Finance Agency (FHFA) in two related lawsuits alleging that Barclays and its affiliates misrepresented the investment quality of certain residential mortgage-backed securities they sold to Fannie Mae and Freddie Mac in violation of state and federal securities laws, according to court documents released on April 24 (Federal Housing Finance Agency v. Barclays Bank PLC, et al., No. 11-6190, S.D. N.Y.; and Federal Housing Finance Agency v. Ally Financial Inc., No. 11-7010, S.D. N.Y.).
CINCINATTI - The Sixth Circuit U.S. Court of Appeals on April 23 held that a bank insured's $196,000 loss stemming from a fraudulent wire transfer request is covered under a financial institution bond, affirming a lower federal court's ruling in favor of the insured (Bank of Ann Arbor v. Everest National Insurance Co., No. 13-1752, 6th Cir.).
DETROIT - A Michigan federal judge on April 23 partially granted a motion to deny class certification in a complaint filed by a Michigan couple who allege that their insurers improperly denied coverage for water damage in the couple's home (Frank Monteleone, et al. v. The AutoClub Group, et al., No. 13-12716, E.D. Mich.; 2014 U.S. Dist. LEXIS 56233).
JACKSON, Miss. - Because no good cause existed for the failure to prosecute a widow's asbestos action, her children cannot rely upon the action to toll the statute of limitations, the Mississippi Supreme Court held April 24 (James Allen Burch, et al. v. Illinois Central Railroad Co., No. 2013-CA-414-SCT, Miss. Sup.; 2014 Miss. LEXIS 218).
SAN JOSE, Calif. - Apple Inc., Google Inc., Intel Corp. and Adobe Systems Inc. on April 24 told a federal judge in California that they have reached an agreement to settle an antitrust suit brought by their employees accusing the high-tech companies of conspiring to fix and suppress employee compensation and to restrict employee mobility by entering into agreements not to compete for one another's employees (In Re: High-Tech Employee Antitrust Litigation, No. 11-2509, N.D. Calif.).
JEFFERSON CITY, Mo. - An insurance agents' group fails to demonstrate standing to intervene in a Patient Protection and Affordable Care Act (ACA) exchange regulation case or that the existing parties cannot adequately litigate the interest involved, a Missouri judge held April 24 (St. Louis Effort for Aids, et al. v. John Huff, director of the Missouri Department of Insurance, Financial Institutions and Professional Registration, No. 13-4246, W.D. Mo.).
DURHAM, Ore. - Oregon officials will vote April 25 on whether to abandon the state's failed health insurance exchange in favor of the federal Patient Protection and Affordable Care Act (ACA) exchange.
DENVER - A shareholder told a federal court in Colorado on April 22 that his second amended complaint against certain of a company's directors and officers contains particularized facts showing that false or misleading statements were made and that presuit demand upon the company's board would have been futile (John Seni, Derivatively on Behalf of CIBER, Inc. v. David C. Peterschmidt, et al., No. 12-cv-00320, D. Colo.).
TRENTON, N.J. - There is no coverage under a Standard Flood Insurance Policy (SFIP) for the removal of debris deposited outside the exterior perimeter walls of New Jersey insureds' building/structure, a federal judge ruled April 24, granting the insurer's motion for summary judgment in a Hurricane Sandy lawsuit (Michael S. Torre, et al. v. Liberty Mutual Fire Insurance Co., No. 13-6665, D. N.J.; 2014 U.S. Dist. LEXIS 57133).
DETROIT - The bankrupt City of Detroit on April 25 moved in the U.S. Bankruptcy Court for the Eastern District of Michigan seeking relief from the automatic stay to pursue the liquidation of 3,600 disputed workers' compensation claims for a total of $23.6 million (In Re: City of Detroit, No. 13-53846, Chapter 9, E.D. Mich. Bkcy.).
SCRANTON, Pa. - An insurer is not liable under an agreement between it and an insurance producer for indemnity to the producer for any breach of contract lawsuits filed by parties to the agreement, a Pennsylvania federal magistrate judge ruled April 24, dismissing the insurance producer's contractual indemnification counterclaim against the insurer (United Financial Casualty Co. v. A.M. Skier Agency Inc., et al., No. 13-1291, M.D. Pa.; 2014 U.S. Dist. LEXIS 57503).