PITTSBURGH - The filed-rate doctrine precludes the antitrust claims of individual and some small-group purchasers of health insurance against insurer Highmark Inc. and health care provider University of Pittsburgh Medical Center (UPMC), but the filed-rate doctrine may not be applicable to claims of small-group purchasers that asserted a measure of damages based on unregulated rates, a federal judge in Pennsylvania ruled Aug. 21 in granting in part the purchasers' motion for leave to file a third amended complaint (Royal Mile Company, Inc., et al. v. UPMC, et al. No. 2:10-cv-01609, W.D. Pa.; 2014 U.S. Dist. LEXIS 116224).
WASHINGTON, D.C. - The same day it upheld findings that one defendant did not infringe three patents for generic tranexamic acid, the Federal Circuit U.S. Court of Appeals on Aug. 22 found that a different generic drug maker was erroneously held liable for infringing the same three patents (Ferring B.V. v. Watson Laboratories Inc., No. 14-1416, Fed. Cir.).
WASHINGTON, D.C. - A Nevada federal judge did not err in dismissing allegations of patent infringement on grounds that a defendant's amended abbreviated new drug application (ANDA) rendered the dispute moot, the Federal Circuit U.S. Court of Appeals ruled Aug. 22 (Ferring B.V. v. Apotex Corporation, No. 14-1377, Fed. Cir.).
SAN FRANCISCO - National cleaning products company Hillyard Inc. will pay $750,000 to settle class claims that it violated California labor laws and unfair competition law (UCL) by failing to reimburse sales representatives for work-related expenses in a deal that received preliminary approval from a federal magistrate judge on Aug. 22 on the third try (Lawrence Daniel Christensen, et al. v. Hillyard, Inc., No. 13-4389, N.D. Calif.; 2014 U.S. Dist. LEXIS 117499).
MADISON, Wis. - The transfer of asbestos fibers from a workplace to a car or home does not negate the exclusivity provision of the Wisconsin Workers' Compensation Act, a federal judge held Aug. 22, granting dismissals in six cases (Milton Boyer and Kathy Boyer v. Weyerhaeuser Co., et al., No. 14-286, W.D. Wis.; 2014 U.S. Dist. LEXIS 117062).
CHICAGO - A developer's shoddy workmanship that led to water damage to a condominium complex is not covered by the developer's commercial lines insurance policies, the Seventh Circuit U.S. Court of Appeals affirmed Aug. 21, also finding that the alleged damage to residents' personal property occurred after the portions of the building were excluded from the scope of coverage (Nautilus Insurance Co. v. Board of Directors of Regal Lofts Condominium Association, No. 12-1821, 7th Cir.; 2014 U.S. App. LEXIS 16250).
ANCHORAGE, Alaska - The Alaska Supreme Court on Aug. 22 reversed a $725,873 award for attorney fees and costs connected to the 1989 Exxon Valdez oil spill and remanded the case for a recalculation of the award based on local rates (Nautilus Marine Enterprises Inc. v. Exxon Mobil Corporation, et al., No. S-14736, Alaska Sup.).
SAN FRANCISCO - An Air Force base security guard who was banned from carrying a weapon after a verbal altercation and then fired after referencing a shooting at another base failed to prove that he was the victim of discrimination, retaliation and a hostile work environment, the Ninth Circuit U.S. Court of Appeals ruled Aug. 20 (Nathaniel Hosea v. Michael B. Donley, Secretary of the US Air Force, No. 13-15138, 9th Cir.; 2014 U.S. App. LEXIS 16036).
SAN DIEGO - Antitrust conspiracy claims related to the process through which service providers may compete for government contracts through the federal AbilityOne Program were dismissed by a federal judge in California on Aug. 20 (Bona Fide Conglomerate, Inc. v. SourceAmerica, No. 14cv0751, S.D. Calif.; 2014 U.S. Dist. LEXIS 116200).
NEW YORK - The plaintiffs in a class action alleging that General Motors LLC (New GM) concealed ignition-switch defects in its vehicles on Aug. 22 asked U.S. Bankruptcy Judge Robert E. Gerber of the Southern District of New York, who is overseeing General Motors Corp.'s (Old GM) Chapter 11 proceedings, for limited relief from the automatic stay to pursue their claims (In re: Chapter 11 Motors Liquidation Co., et al., f/k/a General Motors Corp., et al., No. 09-50026, S.D. N.Y. Bkcy.).
SAN FRANCISCO - Copyright infringement plaintiff Paula Petrella on Aug. 22 largely prevailed before the Ninth Circuit U.S. Court of Appeals, which vacated a California federal judge's grant of summary judgment on behalf of the producers and distributors of the film "Raging Bull" (Paula Petrella v. Metro-Goldwyn-Mayer Inc., et al., No. 10-55834, 9th Cir.).
SAN FRANCISCO - An indirect purchaser of plasma-derivative protein therapies is not barred under California's antitrust statute from recovering as damages any overcharges it incurred in purchasing the protein therapies from nonconspirators, even if the purchaser would have paid a lower price in the absence of the conspiracy to restrict the supply of such products, a federal judge in California ruled Aug. 20 (County of San Mateo v. CSL Limited, et al., No. 10-cv-05686, N.D. Calif.; 2014 U.S. Dist. LEXIS 116342).
WASHINGTON, D.C. - Eligible employers opposed to Patient Protection and Affordable Care Act (ACA) provisions mandating insurance coverage for contraceptives may notify the U.S. Department of Health and Human Services (HHS), which will in turn notify the employer's insurer under a new rule issued by the government Aug. 22.
SAN FRANCISCO - A federal judge in California on Aug. 21 dismissed the amended complaint of a group of more than 65,000 Nigerian residents who alleged that Chevron Corp. was liable for damages caused by the explosion of a natural gas rig, ruling that the plaintiffs failed to state specific injuries (Foster Ogola v. Chevron Corporation, No. 14-173, N.D. Calif.).
DENVER - The 10th Circuit U.S. Court of Appeals on Aug. 19 upheld a trial court's denial of a motion for judgment as a matter of law filed by Tyson Foods Inc. in a donning and doffing dispute and denied Tyson's request to reduce the nearly $3.4 million attorney fee award (Adelina Garcia, et al. v. Tyson Foods, Inc., et al., No. 12-3346, 10th Cir.; 2014 U.S. App. LEXIS 15917).
PHILADELPHIA - The testimony of a plaintiff's expert witness in an uninsured motorist (UM) case was properly limited at trial as unhelpful to the jury and not based on specialized knowledge, a Pennsylvania federal judge held Aug. 19, denying the plaintiff's motion for a new trial (John P. Senese v. Liberty Mutual Inc., No. 2:13-cv-05139, E.D. Pa.; 2014 U.S. Dist. LEXIS 114889).
HOUSTON - The Texas Supreme Court on Aug. 22 declined to rehear an asbestos case in which it found that a disabled man's inability to take a pulmonary function test did not exclude him from the requirements of the state's asbestos medical criteria law (Union Carbide Corp. v. Daisy E. Synatzske and Grace Annette Webb, et al., No. 12-0617, Texas Sup.).
PHILADELPHIA - Efforts by a patent infringement defendant to transfer the case from Pennsylvania to West Virginia federal court were unsuccessful Aug. 21 (Ferring B.V. v. Mylan Pharmaceuticals Inc., No. 13-5909, E.D. Pa.).
ST. PAUL, Minn. - A man convicted of federal firearms violations saw a motion to vacate his sentence denied Aug. 20, with a Minnesota federal judge finding no merit to the man's arguments that his counsel committed errors related to expert witnesses and the failure to call for a Daubert hearing (United States of America v. Mandel McDonald Benson, No. 0:10-cr-00269, D. Minn.; 2014 U.S. Dist. LEXIS 115571).
ALEXANDRIA, Va. - A directors and officers liability insurer owes no coverage for a bank's underlying lawsuit alleging that an insured engaged in a fraudulent conveyance to avoid paying debts to a bank after defaulting on loans, a Virginia federal judge ruled Aug. 19, granting the insurer's motion for summary judgment (Christian J. Lessard v. Continental Casualty Co., No. 1:14-cv-63, E.D. Va.; 2014 U.S. Dist. LEXIS 115953).
WASHINGTON, D.C. - A California federal judge did not err in finding that a patent owner failed to demonstrate that a reasonable jury could find that the BlackBerry smartphone infringes upon a wireless activation and device management patent, the Federal Circuit U.S. Court of Appeals ruled Aug. 22 (Mformation Technologies Inc. v. Research In Motion Ltd., Nos. 12-1679, 13-1123, Fed. Cir.).
HOUSTON - A Texas appeals panel on Aug. 21 demanded that a lower court vacate its order granting insureds' motion for new trial in a Hurricane Ike coverage dispute and enter judgment on a jury's verdict awarding $400,000 in damages to the insureds (In Re United Services Automobile Association, No. 01-13-00508-CV, Texas App., 1st Dist.; 2014 Tex. App. LEXIS 9312).