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Shareholders Fail To Show Holding Company's Breaches, Federal Judge Rules
SALT LAKE CITY - A federal judge in Utah on May 13 denied a motion to dismiss the Federal Deposit Insurance Corp. from a shareholder derivative suit brought against the holding company and officers and...
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11th Circuit Affirms Computer, Internet Constraints For Child Porn Conviction
ATLANTA - Noting the "horrific" and "unthinkable" nature and circumstances of the actions of a man convicted of receipt of child pornography, an 11th Circuit U.S. Court of Appeals panel on May 14...
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ERISA Doesn't Preempt State Law Tortious Interference Claim, 6th Circuit Rules
CINCINNATI - Pension plan participants' state law claim for tortious interference with a contract is not completely preempted under the Employee Retirement Income Security Act because the participants...
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10th Circuit Rules Debtor's Transfer Of Property Not Fraudulent
DENVER - A panel of the 10th Circuit U.S. Court of Appeals on May 14 affirmed a bankruptcy court's ruling and said that a debtor's transfer of real property less than a year prior to filing her...
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Insured's 'Valiant Effort' Not Enough To Defeat No Coverage Ruling, Judge Rules
CONCORD, N.H. - Although a law firm insured has made a valiant effort to argue that an underlying malpractice claim against it was first "made" within a professional insurance policy period, its...
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Judge Denies Sanctions Request Over Plaintiff's Missed Deposition
GREEN BAY, Wis. - A federal judge in Wisconsin on May 14 denied a motion for sanctions against a former employee accusing a company of forcing him into retirement, after finding that counsel for the...
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Judge: Expert Report Untimely; Causation Lacking Under New Virginia Standard
WASHINGTON, D.C. - A revised expert report submitted in opposition to a motion for reconsideration is untimely, and even with it the claims fall short of the newly announced asbestos causation standard...
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Illinois Judge Puts 3 Insurance Companies Into Liquidation
CHICAGO - An Illinois judge ordered Lumbermens Mutual Casualty Co., American Manufacturers Mutual Insurance Co. and American Motorists Insurance Co. into liquidation on May 10 (People of the State of...
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Assignments Can't Be Relied On For Standing In Copyright Case
SAN FRANCISCO - Some copyright infringement claims levied against a textbook manufacturer are barred on collateral estoppel grounds, a California federal judge ruled May 13 (Minden Pictures Inc. v....
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Transfer, Dismissal Denied In Missouri Patent Dispute
ST. LOUIS - A declaratory judgment defendant on May 14 failed to win dismissal of patent invalidity allegations levied in connection with dog-proof animal traps, when a Missouri federal judge found...
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New Jersey Jury Finds For Defendant Novartis In Zometa Jaw Injury Trial
NEW BRUNSWICK, N.J. - A New Jersey state court jury on May 15 returned a defense verdict for Novartis Pharmaceuticals Corp. in a Zometa jaw injury case, a source told Mealey Publications (Beverly Meng...
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Magistrate Judge Remands Automobile Loan Lawsuit To California State Court
SAN FRANCISCO - A federal magistrate judge in California on May 13 remanded an auto loan lawsuit to state court, ruling that the defendants have failed to show that consumer claims "can only be...
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Minnesota Appeals Panel: Court Properly Dismissed Wrongful Death Action
ST. PAUL, Minn. - The Minnesota Court of Appeals on May 13 affirmed dismissal of a wrongful death case brought against a medical facility, agreeing that the plaintiff's expert witness offered...
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California Assembly Passes Bill Permitting State Bar Competition Law Recoveries
SACRAMENTO, Calif. - The State Bar of California could recover civil penalties under the California unfair competition law (UCL) in civil enforcement actions alleging the unauthorized practice of law,...
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9th Circuit Reverses No-Coverage Ruling In Suit Prompted By Employee Conduct
PORTLAND, Ore. - The Ninth Circuit U.S. Court of Appeals on May 15 reversed and remanded a lower federal court's finding that ambulance service provider insureds are not entitled to excess commercial...
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On Remand, Judge Reinstates $203M Award In Competition Law Overdraft Suit
SAN FRANCISCO - A federal judge on May 14 reinstated $203 million in restitution under the fraud prong of the California unfair competition law (UCL) to a class of consumers whose debit card...
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FTAIA Bars Antitrust Claims In USB Connector Case, New York Federal Judge Rules
NEW YORK - A federal judge in New York on May 14 dismissed for lack of subject matter jurisdiction Sherman Act claims brought by a Chinese manufacturer of universal serial bus (USB) 3.0 connectors...
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10th Circuit Affirms Firing Of Officer After He Suffered A Stroke
DENVER - A former Wyoming County Sheriff's Office patrol officer who was unable to perform all of the necessary functions of his job after suffering a stroke failed to prove that his termination was...
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Panel: Environmental Board Must Determine If Documents Contain Trade Secrets
HARRISBURG, Pa. - A Pennsylvania Commonwealth Court panel on May 15 reversed an Environmental Hearing Board's decision requiring a gas gathering and processing company to produce documents to the Clean...
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Federal Judge Refuses To Dismiss Breach Of Contract, Fraud Claim Against Insurer
BALTIMORE - A Maryland federal judge on May 15 denied an insurer's motion to dismiss an insured's claim that it breached a 2009-2010 errors and omissions insurance policy but found that the insurer's...
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