DAYTONA BEACH, Fla. - A Florida appellate panel on Feb. 10 reversed and remanded a lower court order and found that certain statutes of limitations do not apply to a case filed against an insurer before it became insolvent (Patricia Morrison v. Homewise Preferred Insurance Company and Florida Insurance Guaranty Association, No. 5D15-4312, Fla. App., 5th Dist., 2017 Fla. App. LEXIS 1648).
SILVER SPRING, Md. - The Food and Drug Administration on Feb. 9 said it has received multiple adverse event reports about fluid-filled intragastric weight-loss balloons spontaneously overinflating or causing acute pancreatitis, requiring removal.
TOPEKA Kan. - Affirming a man's conviction for possession of cocaine, the Kansas Court of Appeals ruled Feb. 10 that the man failed to timely object at trial to the admission of expert testimony and a lab report that both established that the white powdery substance discovered in his wallet was cocaine (State of Kansas v. Oscar C. Rodriguez-Mendez, No. No. 114,985, Kan. App., 2017 Kan. App. Unpub. LEXIS 82).
SCRANTON, Pa. - Because more than 31 percent of an insured condominium development's common areas were in use at the time a loss for water damage occurred, a Pennsylvania federal judge ruled Feb. 10 that an insurance policy's "Vacancy Provision" does not apply to exclude coverage for the insured's claim (Village Heights Condominium Association v. The Cincinnati Insurance Co., No. 16-554, M.D. Pa., 2017 U.S. Dist. LEXIS 19425).
CHICAGO - An Illinois federal judge on Feb. 9 denied a motion to bifurcate discovery issues in a case filed against lenders in relation to a property inspection, finding that bifurcating the issues could lead to additional disputes as to whether certain discovery requests related to merits or class certification (Thomas Quinn, et al. v. Specialized Loan Servicing LLC, No. 16-2021, N.D. Ill., 2017 U.S. Dist. LEXIS 18351).
ALEXANDRIA, Va. - An examiner's rejection of 24 claims of a patent application directed to a technique for ensuring link aggregation congruency was reversed by the Patent Trial and Appeal Board on Feb. 10 (Ex parte Janos Farkas, et al., No. 2016-006007, PTAB).
HOUSTON - A dispute over two design patents covering ornamental women's sandals should be litigated in the U.S. District Court for the Southern District of New York where an infringement defendant is headquartered, a Texas federal judge concluded Feb. 10 (JPT Group LLC v. Balenciaga America Inc., No. 16-1596, S.D. Texas, 2017 U.S. Dist. LEXIS 19003).
SEATTLE - A federal judge in Washington on Feb. 10 entered default judgment against a property buyer that has failed to continue environmental remediation of a 16-acre site it purchased from a plaintiff company in 2014 and awarded the plaintiff $22 million in compensatory damages (8th Avenue Terminals, Inc. v. DeNovo Seattle LLC, No. C16-1964, W.D. Wash., 2017 U.S. Dist. LEXIS 19363).
CHICAGO - A federal trial court erred when it dismissed, for lack of subject matter jurisdiction, a class suit accusing an alternative retail electric supplier of attracting new customers by advertising one price and charging them another, a Seventh Circuit U.S. Court of Appeals panel ruled Feb. 8 (Peggy Zahn v. North American Power & Gas, LLC, No. 15-2332, 7th Cir., 2017 U.S. App. LEXIS 2256).
GRAND RAPIDS, Mich. - A federal judge in Michigan on Feb. 8 found that a Michigan statute regulating watercraft declares that the operation of a boat is subject to a negligence standard of care (James Fastabend, next friend of C.F. v. Merle Karberg, et al., No. 15-cv-00386, W.D. Mich., 2017 U.S. Dist. LEXIS 17906).
NEW YORK - An online foreign exchange trading services provider and its CEO concealed that the company's American subsidiary had engaged in "false and misleading solicitations of its foreign exchange customers" in violation of federal securities laws, an investor argues in a Feb. 8 securities class action complaint filed in New York federal court (Ying Zhao v. FXCM Inc., et al., No. 17-0955, S.D. N.Y.).
OWENSBORO, Ky. - A Kentucky federal judge on Feb. 10 dismissed in part a lawsuit alleging that Eli Lilly and Co. failed to warn that its anticoagulant drug Effient could cause uncontrolled bleeding like the kind that led to a patient's death (Estate of Jerry DeMoss, et al. v. Eli Lilly and Company, No. 16-103, W.D. Ky., Owensboro Div., 2017 U.S. Dist. LEXIS 19142).
WEST PALM BEACH, Fla. - Two pension funds failed to plead any material misrepresentations or omissions or scienter in arguing that a company and certain of its executive officers issued misstatements regarding the company's financial condition in the wake of an industry downturn, a federal judge in Florida ruled Feb. 8 in granting the defendants' motion to dismiss (In re KLX Inc. Securities Litigation, No. 16-80023, S.D. Fla., 2017 U.S. Dist. LEXIS 17764).
NEW YORK - A federal judge in New York on Feb. 8 dismissed an amended complaint filed by investors who alleged that a financial services firm and its CEO engaged in a scheme to manipulate prices at which certain futures contracts traded on the Chicago Mercantile Exchange Global Platform (CME Globex), ruling that the investors failed to show that the alleged transactions took place on an American exchange as required pursuant to U.S. Supreme Court precedent in Morrison v. National Australia Bank, Ltd. (Myun-Uk Choi, et al. v. Tower Research Capital LLC, et al., No. 14-9912, S.D. N.Y., 2017 U.S. Dist. LEXIS 18174).
WASHINGTON, D.C. - A Florida federal judge erred in concluding that an abbreviated new drug application (ANDA) satisfies various Markush group requirements set forth in claim 1(b) of a drug composition patent, the Federal Circuit U.S. Court of Appeals ruled Feb. 10 (Shire Development LLC, et al. v. Watson Pharmaceuticals Inc., et al., No. 16-1785, Fed. Cir., 2017 U.S. App. LEXIS 2393).
CINCINNATI - An Ohio federal judge on Feb. 8 issued two remand orders and three orders denying remand in five separate class action complaints against various medical facilities where an orthopedic surgeon is alleged to have performed unnecessary procedures (Nicole Baker, et al. v. UC Health, et al., No. 16-853, S.D. Ohio, 2017 U.S. Dist. LEXIS 17899; Jacob Durham, et al. v. Cincinnati Children's Hospital Medical Center, No. 15-438, S.D. Ohio, 2017 U.S. Dist. LEXIS 17897; Heather McCann, et al. v. West Chester Hospital, LLC, et al., No. 15-440, S.D. Ohio, 2017 U.S. Dist. LEXIS 17902; Lyndsey Middendorf, et al. v. West Chester Hospital, LLC, et al., No. 15-439, S.D. Ohio, 2017 U.S. Dist. LEXIS 17901; Dana Setters, et al. v. Journey Lite of Cincinnati, LLC, et al., No. 15-487, S.D. Ohio, 2017 U.S. Dist. LEXIS 17900).
CHARLESTON, W. Va. - The West Virginia Supreme Court of Appeals on Feb. 9 affirmed a trial court's ruling that a premises liability claim is a claim for medical malpractice because the plaintiff's suit, alleging claims related to the wrongful death of her husband following a visit to a health care facility, arises under the West Virginia Medical Professional Liability Act (MPLA) (Joyce E. Minnich et al., v. MedExpress Urgent Care Inc. West Virginia d/b/a MedExpress Urgent Care South Charleston, No. 15-1148, W. Va. Sup., 2017 W. Va. LEXIS 62).
GRETNA, La. - A Louisiana appeals panel on Feb. 8 affirmed a lower court's ruling in favor of an insurer in a coverage dispute arising from Hurricane Isaac damage to a three-story building owned by the insured (Advanced Sleep Center, Inc., et al. v. Certain Underwriters At Lloyd's, London, No. 16-CA-525, La. App., 5th Cir.).
SAN DIEGO - A California appeals panel on Feb. 10 vacated a trial court judge's ruling staying a lawsuit brought under the Right to Repair Act (RRA) for defects in the construction of 28 homes, finding that the builder's failure to timely respond to the notice of the defects warranted reversal (William Blanchette, et al. v. Superior Court of Imperial County, et al., No. D070545, Calif. App., 4th Dist., Div. 1, 2017 Cal. App. LEXIS 105).
FORT WORTH, Texas - A Texas appeals panel on Feb. 9 held that insureds have failed to produce competent evidence to raise a genuine issue of material fact regarding whether their property damage loss occurred during their homeowners insurance policy period, affirming a lower court's ruling in favor of the insurer and its adjuster (Richard Seim, et al. v. Allstate Texas Lloyds, et al., No. 02-16-00050, Texas App., 2nd Dist., 2017 Tex. App. LEXIS 1154).
DETROIT - A Michigan federal judge on Feb. 9 granted a joint motion seeking to enjoin numerous pending wage proceedings against nightclub owners in 12 different federal and state courts based on a $6.5 million settlement that was granted preliminary approval two days earlier (Jane Doe 1, et al. v. Deja Vu Services, Inc., et al., No. 16-10877, E.D. Mich., 2017 U.S. Dist. LEXIS 18369).
SAN DIEGO - A California federal judge on Feb. 7 refused to dismiss a hair product company's claims for violation of California's unfair competition law (UCL) and intentional interference with contractual relations, finding that a retailer had notice that it was potentially selling unauthorized products online and that it showed that a valid contract exists (Unite Eurotherapy Inc. v. Walgreens Co., et al., No. 16-cv-01706, S.D. Calif., 2017 U.S. Dist. LEXIS 18116).
SAN JOSE, Calif. - A customer of Yahoo! Inc.'s small business services filed a putative class action complaint against the firm Feb. 8 in California federal court, accusing the internet firm of negligence, breach of contract and unfair competition related to two recently announced data breaches that exposed customers' personally identifiable information (PII) (Brian Neff v. Yahoo! Inc. et al., No. 5:17-cv-00641, N.D. Calif.).
SAN JOSE, Calif. - A federal judge in California on Feb. 7 granted leave for an electronics company to amend its complaint to add a claim under the federal Defend Trade Secrets Act (DTSA) (VIA Technologies, Inc., et al. v. ASUS Computer International, et al., No. 14-cv-03586, N.D. Calif., 2017 U.S. Dist. LEXIS 17384).