PHILADELPHIA - A Pennsylvania Superior Court panel on Nov. 10 affirmed a woman's conviction on counts of attempted theft by deception and insurance fraud, ruling that the defendant's consistently false statements to her insurance company were sufficient to support the jury's finding (Commonwealth v. Kim A. Zaffino, No. 3261 EDA 2014, Pa. Super.; 2015 Pa. Supr. Unpub. LEXIS 4100).
SAN FRANCISCO - A California federal judge on Nov. 9 issued an order granting dismissal of a case filed by youth soccer players against various soccer organizations after the parties reached a settlement that will provide stricter guidelines and requirements related to concussions, including new return-to-play protocol (Rachel Mehr, et al. v. Federation Internationale De Football Association, et al., No. 14-3879, N.D. Calif.).
NEW YORK - A New York federal judge on Nov. 9 denied a motion for class certification filed in a lawsuit accusing a medical records retrieval company of charging excessive fees in violation of state laws but noted that he would be open to certifying a narrower class (Tatyana Ruzhinskaya, et al. v. HealthPort Technologies, LLC, No. 14-2921, S.D. N.Y.; 2015 U.S. Dist. LEXIS 151816).
WASHINGTON, D.C. - Although a Massachusetts federal judge properly found that five defendants do not infringe a patent covering a process for ensuring quality control of the anticoagulant drug enoxaparin under 35 U.S. Code Section 271(g), he erred with regard to findings that four of the defendants were also entitled to safe harbor under Section 271(e)(1), the Federal Circuit U.S. Court of Appeals ruled Nov. 10 (Momenta Pharmaceuticals Inc., et al. v. Teva Pharmaceuticals USA Inc., et al., Nos. 14-1274, -1277, Fed. Cir.; 2015 U.S. App. LEXIS 19554).
PHILADELPHIA - Mostly affirming a lower court's dismissal of putative class claims under federal and state law related to the purported placing of tracking cookies on users' computers by Google Inc., a Third Circuit U.S. Court of Appeals panel on Nov. 10 found merit to the plaintiffs' California state law privacy claims, reversing in part and remanding the trial court's judgment (In Re: Google Inc. Cookie Placement Consumer Privacy Litigation, No. 13-4300, 3rd Cir.; 2015 U.S. App. LEXIS 19581).
LAKE CHARLES, La. - A Louisiana appeals panel on Nov. 12 rejected a plaintiff's assertion that a doctor insured failed to obtain informed consent by not disclosing his financial arrangement with a hospital, resolving the last remaining issue in a medical malpractice dispute on remand for the second time (Clyde Snider Jr., et ux. v. Louisiana Medical Mutual Insurance Co., et al., No. 12-1068, La. App., 3rd Cir.).
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TORONTO - A Canadian energy company on Nov. 11 announced that it has filed a new arbitration with the Permanent Court of Arbitration (PCA) against the Kyrgyz Republic and said it is finalizing the materials to enforce a $118 million arbitration award issued in its favor and against Kyrgyz by a Russian tribunal.
NEW YORK - A group of London-based retrocessional reinsurers said in a federal court in New York on Nov. 6 that their retrocessional reinsured's arguments questioning the qualifications of certain arbitration umpire candidates have already been rejected by the court in an earlier decision (Odyssey Reinsurance Company v. Certain Underwriters at Lloyd's London Syndicate 53, et al., No. 13-cv-09014, S.D. N.Y.).
OAKLAND, Calif. - The City of Oakland on Nov. 10 sued Monsanto Co. and two of its affiliates in the U.S. District Court for the Northern District of California, alleging that they are liable for contamination the San Francisco Bay with polychlorinated biphenyls (PCBs) and endangering human health as a result (City of Oakland v. Monsanto Company, et al., No. N/A, N.D. Calif.).
MARSHALL, Texas - A Texas federal judge on Nov. 7 struck an expert's report as it pertains to Apple Inc.'s iTunes source code in a patent infringement lawsuit (ContentGuard Holdings, Inc. v. Amazon.com, Inc., et al., No. 13-1112, E.D. Texas; 2015 U.S. Dist. LEXIS 151259).
SHERMAN, Texas - A Texas federal judge on Nov. 10 found that two relators stated plausible claims for violation of the False Claims Act (FCA), denying a motion to dismiss the case filed by a bank (United States of America Ex rel., et al. v. Homeward Residential Inc., f/k/a American Home Mortgage Servicing Inc., et al., No. 4:12-CV-461, E.D. Texas; 2015 U.S. Dist. LEXIS 152117).
PHILADELPHIA - A Pennsylvania federal judge on Nov. 5 denied preliminary approval of a third amended class action settlement in a multidistrict litigation accusing Comcast Corp. of unlawfully tying the sale of premium cable to the rental of a set-top box from the company, finding that the settlement class was not ascertainable (In Re: Comcast Corp. Set-Top Cable Television Box Antitrust Litigation, No. 09-2034, E.D. Pa.; 2015 U.S. Dist. LEXIS 150160).
NEW YORK - The federal bankruptcy judge in New York presiding over the liquidation of Motors Liquidation Co., f/k/a General Motors Corp. (Old GM), on Nov. 9 ruled that with regard to the lawsuit against the company pertaining to defective ignition switches, punitive damages may be sought against New GM only to the extent that they are based on New GM's knowledge and conduct (In re: Motors Liquidation Company, et al., f/k/a General Motors Corp., et al., No. 09-50026, S.D. N.Y. Bkcy.).
SEATTLE - Whitley Manufacturing Co. Inc. was liable for violating the Clean Water Act (CWA) when it discharged storm water that came into contact with its industrial activities without a permit from July 20, 2008, until March 25, 2014, a federal judge in Washington ruled Nov. 9, when granting an environmental group's motion for partial summary judgment, finding that the water was a pollutant under the act (Puget Soundkeeper Alliance v. Whitley Manufacturing Co. Inc., No. C13-1690RSL, W.D. Wash.; 2015 U.S. Dist. LEXIS 151901).
MIAMI - A federal judge in Florida on Nov. 9 granted State Farm Mutual Automobile Insurance Co.'s motion for summary judgment in a suit it brought against a medical diagnostic services firm, two of its medical directors and two of its X-ray technicians and ordered the defendants to pay $1.4 million to the company, after finding that bills the defendants submitted to the insurer were noncompensable and unlawful (State Farm Mutual Automobile Insurance Company, et al. v. B&A Diagnostic Inc., n/k/a Oasis Medical Center Corp., et al., No. 14-cv-24387-KMM, S.D. Fla.; 2015 U.S. Dist. LEXIS 151743).
DENVER - An excess insurer has no duty to indemnify an underlying construction defects judgment because its policy limits have not been exhausted, a Colorado federal judge ruled Nov. 9, dismissing third-party breach of contract and bad faith claims against the insurer (The Phoenix Insurance Co., et al. v. Cantex Inc., et al. and Cantex Inc. v. Scottsdale Insurance Co. and Continental Casualty Co., No. 13-00507, D. Colo.; 2015 U.S. Dist. LEXIS 151729).
ATLANTA - The first bellwether trial in the Wright Conserve hip multidistrict litigation got under way Nov. 10 in the U.S. District Court for the Northern District of Georgia (In Re: Wright Medical Technology, Inc., Conserve Hip Implant Products Liability Litigation, MDL Docket No. 2329, Robyn Christiansen, et al. v. Wright Medical Technology Inc., et al., No. 13-297, N.D. Ga., Atlanta Div.).
BROOKLYN, N.Y. - A New Jersey man convicted for threatening three federal judges in his blog entries saw his bid to vacate the conviction denied by a New York federal judge on Nov. 10, with the judge finding the "mental state" standard of Elonis v. United States (135 S.Ct. 2001, 192 L.Ed.2d 1 ) to be inapplicable in the present case (United States of America v. Harold Turner, No. 1:09-cv-00650, E.D. N.Y.).
WASHINGTON, D.C. - A New Jersey federal judge properly deemed a patented method of treating diarrhea-predominant irritable bowel syndrome (IBS-D) with the drug Lotronex invalid, the Federal Circuit U.S. Court of Appeals concluded Nov. 10 (Prometheus Laboratories Inc. v. Roxane Laboratories Inc. et al., Nos. 14-1634, -1635 Fed. Cir.; 2015 U.S. App. LEXIS 19556).
ATLANTA - A trial court did not err in allowing an expert to testify on pain management in a criminal case against a doctor for unlawful dispensing of controlled substances, the 11th Circuit U.S. Court of Appeals held Nov. 10, affirming the convictions on conspiracy unlawful dispensation of controlled substances and sentencing against the doctor (United States of America v. Najam Azmat a/k/a Dr. Hazmat, No. 14-13703, 11th Cir.; 2015 U.S. App. LEXIS 19574).
CHICAGO - Although two generic testosterone replacement therapy products are reference listed drugs (RLDs), their manufacturers still cannot add new warnings and claims by plaintiffs in a multidistrict litigation are preempted by federal law, an Illinois federal judge ruled Nov. 9 (In Re: Testosterone Replacement Therapy Products Liability Litigation, No. 14-1748, N.D. Ill.; 2015 U.S. Dist. LEXIS 151414).