MADISON, Wis. - Barry Castleman, though not an official historian, may testify regarding trade journals and government publications based on his knowledge about the history of asbestos, a federal judge in Wisconsin held May 14. The judge excluded "every exposure" testimony from trial, saying the plaintiffs failed to file a substantive response in support (Gary Suoja, et al. v. Owens-Illinois Inc., No. 99-475, Barbara Connell, et al. v. Owens-Illinois Inc., No. 05-219, W.D. Wis.; 2015 U.S. Dist. LEXIS 63170).
WASHINGTON, D.C. - The U.S. House Judiciary Committee on May 14 approved H.R. 526, the Furthering Asbestos Claim Transparency Act of 2015 (FACT Act), by a vote of 19-9.
TORONTO - A Canadian energy company on May 15 announced that it has filed a new arbitration against the Kyrgyz Republic, seeking to collect a recent $118 million Russian arbitration award issued in its favor.
PITTSBURGH - Although a Pennsylvania federal magistrate judge found that no jurisdiction existed over a Chicago-based chocolatier that is the defendant in a cybersquatting lawsuit, in a May 12 ruling she opted to transfer the matter to Illinois rather than grant the defendant's dismissal motion (Mon Aimee Chocolat Inc. v. Tushiya LLC, et al., No. 2:14-cv-01568, W.D. Pa.; 2015 U.S. Dist. LEXIS 62048).
PHILADELPHIA - A New Jersey federal court must reconsider a class complaint filed by deliverers alleging that they were misclassified as independent contractors following a ruling by the New Jersey Supreme Court regarding what employment test applies to those claims, the Third Circuit U.S. Court of Appeals ruled May 12 (Sam Hargrove, et al. v. Sleepy's LLC, Nos. 12-2540 and 12-2541, 3rd Cir.; 2015 U.S. App. LEXIS 7832).
SILVER SPRING, Md. - The Food and Drug Administration on May 15 warned that the diabetes drugs Invokana, Farxiga and Jardiance may cause ketoacidosis.
CHARLOTTE, N.C. - Parties to six umbrella insurance policies and three excess insurance policies must arbitrate their disagreement as to the interpretation of a pollution exclusion to various individual and class actions regarding defective drywall, a North Carolina federal judge ruled May 13 (New NGC Inc. v. ACE American Insurance Co., et al., No. 10-00022, W.D. N.C.; 2015 U.S. Dist. LEXIS 63501).
CONCORD, N.H. - A New Hampshire federal judge on May 14 denied summary judgment in a Medtronic Xomed Inc. shunt case, finding that the plaintiffs' expert and fact witnesses are admissible, at least for now (Celeste Wood, et al. v. Medtronic Xomed Inc., No. 13-90, D. N.H.; 2015 U.S. Dist. LEXIS 63300).
KANSAS CITY, Kan. - A federal judge in Kansas on May 14 dismissed a securities class action complaint, ruling that lead plaintiffs in the action failed to plead an actionable misstatement and scienter in making their federal securities law claims (Wayne E. Anderson v. Spirit AeroSystems Holdings Inc., et al., No. 13-2261, D. Kan.; 2015 U.S. Dist. LEXIS 63179).
TALLAHASSEE, Fla. - The Florida Supreme Court on May 14 found that a first-party bad faith cause of action under Section 624.155(1)(b), Florida Statutes, does not fall under the willful tort exception to the immunity granted to a nonprofit insurer by the Florida Legislature, quashing an appellate court's ruling in favor of the insured and answering a certified question in the affirmative in a coverage dispute arising from Hurricane Ivan (Citizens Property Insurance Corp. v. Perdido Sun Condominium Association Inc., etc., No. SC14-185, Fla. Sup.; 2015 Fla. LEXIS 1053).
ST. LOUIS - The federal judge in Missouri presiding over a lawsuit in which a resident contends that he suffered personal injuries as a result of exposure to radioactive material related to the Manhattan Engineering Project near the St. Louis Airport issued a discovery order on May 13 to resolve a longstanding dispute over the production of documents (Scott D. McClurg, et al. v. MI Holdings Inc., et al., No. 12-361 [consolidated], E.D. Mo.).
WASHINGTON, D.C. - Noting the Federal Trade Commission's increased number of lawsuits and activity related to data security enforcement in recent years, a Virginia man who claims to be a blogger and former government employee filed a complaint in the U.S. District Court for the District of Columbia on May 13, seeking to compel the commission to disclose its guidelines "for what conduct or omission constitutes an unfair act or practice" related to data security (Philip Reitinger v. Federal Trade Commission, No. 1:15-cv-00725, D. D.C.).
GREENBELT, Md. - After finding that it was unlikely that a borrower will succeed on her claims for violation of the Truth in Lending Act (TILA) and the Real Estate Settlement Procedures Act (RESPA), a Maryland federal judge on May 14 refused to grant her a temporary restraining order prohibiting the foreclosure of her property (Sandra Fowler v. Wells Fargo Home Mortgage Inc., et al., No. 15-1084, D. Md.; 2015 U.S. Dist. LEXIS 63076).
TAMPA, Fla. - CVS Health Corp. will pay a $22 million civil penalty to resolve federal allegations that two of its pharmacies in Sanford, Fla., distributed controlled substances on the basis of illegitimate prescriptions, the government and company announced May 13.
COLUMBUS, Ohio - E.I. du Pont de Nemours & Co., which was sued by plaintiffs alleging personal injury and wrongful death in connection with a spill of perfluorooctanoic acid (also called C-8), on May 15 filed 33 answers to individual plaintiffs - which followed a boilerplate format - contending that they are barred from obtaining relief due to a prior class action settlement (In re E.I. du Pont de Nemours and Co. C-8 Personal Injury Litigation, MDL No. 2433, No. 13-2433, S.D. Ohio).
JACKSONVILLE, Fla. - A smoker who is seeking a new trial after a jury found her suit barred by the statute of limitations is asking the court "to undertake the role of a tenth juror," R.J. Reynolds Tobacco Co. argues in a brief filed May 13 in the U.S. District Court for the Middle District of Florida (Karen Lennox v. R.J. Reynolds Tobacco Co., et al., No 3:09-cv-13744, M.D. Fla.).
SYRACUSE, N.Y. - Genuine issues of material fact exist as to whether a collapse falls under a resulting loss exception to an insurance policy's faulty design and workmanship exclusion, a New York federal judge ruled May 13, denying summary judgment to insureds and an insurer (Binghamton-Johnson City Joint Sewage BD, et al. v. American Alternative Insurance Corp., No. 12-0553, N.D. N.Y.; 2015 U.S. Dist. LEXIS 62551).
PHILADELPHIA - A Pennsylvania federal judge overseeing the Zoloft birth defect multidistrict litigation on May 14 partially granted defendant Pfizer Inc.'s motion to compel the plaintiff's new general causation expert to disclose the general causation report he prepared for the plaintiffs in the Prozac birth defect litigation (In Re: Zoloft [Sertraline Hydrochloride] Products Liability Litigation, MDL Docket No. 2342, No. 2:12-md-2342, E.D. Pa.).
SOUTH BEND, Ind. - The Plaintiffs' Steering Committee (PSC) in the Biomet M2A Magnum hip multidistrict litigation on May 14 asked an Indiana federal judge to disband the current plaintiff leadership because the "vast majority" of its members are settling their cases and will soon have no cases remaining in the MDL (In Re: Biomet M2A Magnum Hip Implant Products Liability Litigation, MDL No. 2391, No. 3:12-md-2391, N.D. Ind., South Bend Div.).
WASHINGTON, D.C. - Although a Maryland federal judge properly granted a pharmaceutical company summary judgment of noninfringement under 35 U.S. Code Section 271(e)(1) with regard to certain activities, the summary judgment must be vacated with regard to others, the Federal Circuit U.S. Court of Appeals ruled May 13 (Classen Immunotherapies Inc. et al. v. Elan Pharmaceuticals Inc., No. 14-1671, Fed. Cir.; 2015 U.S. App. LEXIS 7854).
CHICAGO - One of three former employees of DeVry University Inc. who allege that they were fired in retaliation for complaining about their supervisor's derogatory remarks may proceed with his retaliation claim, the Seventh Circuit U.S. Court of Appeals ruled May 13 (Elizabeth Castro, et al. v. DeVry University, Inc., No. 13-1934, 7th Cir.; 2015 U.S. App. LEXIS 7912).
SAN FRANCISCO - While a Los Angeles police officer offered improper expert testimony in violation of Federal Rule of Evidence 703 at the trial of four alleged Latino street gang members, the testimony probably did not have a significant impact on the jury's guilty verdicts, the Ninth Circuit U.S. Court of Appeals held May 14 in affirming the verdicts in all respects (United States of America v. Fernando Cazares, AKA Sneaky, No. 06-50677; United States of America v. Gilbert Saldana, No. 06-50678; United States of America v. Alejandro Martinez, No. 06-50679; United States of America v. Porfirio Avila, AKA Dreamer, No. 07-50037, 9th Cir.; 2015 U.S. App. LEXIS 7949).