CHICAGO - An Illinois federal judge on July 18 held that the secretary of Health and Human Services acted in an arbitrary and capricious manner in dismissing and refusing to reinstate a hospital's administrative appeal in a Medicare reimbursement dispute (The University of Chicago Medical Center v. Kathleen Sebelius, No. 13-4742, N.D. Ill.; 2014 U.S. Dist. LEXIS 97606).
SAN ANTONIO - A Texas federal judge on July 18 granted a motion for summary judgment by Amazon.com Inc. and two other defendants in a suit alleging that they infringed a copyrighted musical work (Herman Leon Brickey v. Amazon.com Inc. et al., No. 13-961, W.D. Texas.).
BALTIMORE - A federal judge in Maryland on July 16 dismissed claims brought by a group of residents claiming that the city and mayor of Baltimore and the developers of the Horseshoe Casino violated the Resource Conservation and Recovery Act (RCRA), finding that the plaintiffs failed to sate claims under the statute (Ruth Sherrill v. Mayor and City Council of Baltimore, et al., No. RDB-13-2768, D. Md.; 2014 U.S. Dist. LEXIS 96512).
DETROIT - Because a collapse was due to a defective design, and not due to one of the listed perils providing for an exception to the collapse exclusion, coverage is not available under a business owners insurance policy, a Michigan federal judge found July 18 (Joy Tabernacle-The New Testament Church v. State Farm Fire and Casualty Co., No. 13-11650, E.D. Mich.; 2014 U.S. Dist. LEXIS 97478).
WASHINGTON, D.C. - Review by the International Trade Commission of an administrative law judge's (ALJ) denial of a motion to terminate enforcement proceedings in a dispute over dental alignment patents was not procedurally sound, the Federal Circuit U.S. Court of Appeals ruled July 18 (Align Technology Inc. v. International Trade Commission, et al., Nos. 13-1240, -1363, Fed. Cir.).
CINCINNATI - A panel of the Sixth Circuit U.S. Court of Appeals held July 16 that a health care provider can bring a claim under Medicare Secondary Payer Act's private cause of action against a non-group health plan that denies coverage for a reason other than Medicare eligibility (Michigan Spine and Brain Surgeons v. State Farm Mutual Automobile Insurance Co., No. 13-2430, 6th Cir.; 2014 U.S. App. LEXIS 13499).
DES MOINES, Iowa - The Iowa Supreme Court on July 18 upheld a trial court's rejection of a class complaint alleging that the state unlawfully discriminates against black job applicants (Linda Pippen, et al. v. The State of Iowa, et al., No. 12-0913, Iowa Sup.; 2014 Iowa Sup. LEXIS 82).
WILMINGTON, Del. - A Delaware federal bankruptcy judge on July 18 confirmed a Chapter 11 plan of reorganization for Overseas Shipholding Group Inc. (OSG) under which personal injury claims, including asbestos claims, will be unimpaired and remain assertable against the reorganized company (In Re: Overseas Shipholding Group, Inc., No. 12-20000, Chapter 11, D. Del. Bkcy.).
TOPEKA, Kan. - A class of Kansas cigarette purchasers has failed to show that the major tobacco manufacturers conspired to fix wholesale prices for cigarettes, the Kansas Court of Appeals ruled July 18 (Daric Smith, et al. v. Philip Morris Companies Inc., et al., No. 108,491, Kan. App.).
WASHINGTON, D.C. - MiniFrame Ltd. asked the U.S. Supreme Court on July 16 to review the Second Circuit U.S. Court of Appeals' ruling that the software maker failed to sufficiently allege that Microsoft Corp. violated Section 2 of the Sherman Act by restricting its Windows 2007 license to a single user and in pricing its multiuser software (MiniFrame Ltd. v. Microsoft Corporation, No. 14-60, U.S. Sup.).
PENSACOLA, Fla. - A Florida state court jury on July 18 ordered R.J. Reynolds Tobacco Co. to pay more than $23.6 billion in punitive damages to the family of a man who alleged that his death from lung cancer was caused by smoking (Cynthia Robinson, et al. v. R.J. Reynolds Tobacco Co., et al., No. 2008-CA-98, Fla. 1st Cir., Escambia Co.).
WASHINGTON, D.C. - Closely held companies terminating insurance coverage for contraceptive services mid-plan for religious reasons in light of Burwell v. Hobby Lobby, and subject to Employee Retirement Income Security Act (ERISA) regulations, must notify participants and beneficiaries of the change, the U.S. Department of Health and Human Services (HHS) confirmed July 17 in a "frequently asked question."
PENSACOLA, Fla. - A Florida state court jury July 17 awarded $16.8 million to the family of a man who alleged that his death from lung cancer was caused by smoking (Cynthia Robinson, et al. v. R.J. Reynolds Tobacco Co., et al., No. 2008-CA-98, Fla. 1st Cir. Court, Escambia Co.).
NEW YORK - Without providing further opinion, a federal judge in New York on July 15 granted in part and denied in part a motion to dismiss filed by Goldman Sachs & Co. and others in a securities class action lawsuit regarding Goldman's alleged misrepresentations pertaining to the financial condition of one of its subsidiaries (NECA-IBEW Health & Welfare Fund v. Goldman Sachs & Co., et al., No. 08-10783, S.D. N.Y.).
NEW YORK - A federal district court judge did not err in dismissing a shareholder class action lawsuit against Deutsche Bank AG and certain of its subsidiaries and others because the lead plaintiffs in the action failed to state a claim for relief, a Second Circuit U.S. Court of Appeals panel ruled July 16 in a summary order (Norbert G. Kaess, et al. v. Deutsche Bank AG, et al., No. 13-2364, 2nd Cir.).
WASHINGTON, D.C. - The Financial Industry Regulatory Authority (FINRA) on July 17 announced that it has created an arbitration task force to assist in improving securities arbitration for participants.
NAPLES, Fla. - The State of Florida filed an enforcement action on July 18 against an oil and gas exploration company in Florida state court, seeking $100,000 in civil penalties and injunctive relief for violations of a consent order and failure to have a permit for its operation (State of Florida Department of Environmental Protection v. Dan A. Hughes Company, No. N/A, 20th Judicial Dist., Collier Co.).
NEW ORLEANS - An assistant police chief whose employment was terminated when he turned 65 pursuant to a mandatory city ordinance failed to prove discriminatory intent on the part of his employer, the Fifth Circuit U.S. Court of Appeals ruled July 17 (Nary Smith v. City of St. Martinville, No. 13-31233, 5th Cir.; 2014 U.S. App. LEXIS 13697).
HOUSTON - There is no coverage under an excess professional liability insurance policy for an underlying $46.5 million settlement against a law firm insured accused of improper billing practices, a Texas federal judge ruled July 17, granting the excess insurer's motion for summary judgment (John M O'Quinn, et al. v. National Union Fire Insurance Company of Pittsburgh, PA, et al., No. 4:00-cv-2616, S.D. Texas; 2014 U.S. Dist. LEXIS 97034).
DENVER - The 10th Circuit U.S. Court of Appeals on July 15 upheld the dismissal of a worker's claims under Title VII of the Civil Rights Act of 1964, finding that the target of her lawsuit, a property management company, was not her employer (Lisa M. Knitter v. Corvias Military Living, LLC, f/k/a Picerne Military Housing, LLC, No. 13-3027, 10th Cir.; 2014 U.S. App. LEXIS 13413).