Westlaw Journals weekly round-up

April 16, 2014

Westlaw Journals Weekly RoundupHighlights from the past week’s litigation headlines over at the Westlaw Journals blog include Stan Lee Media’s petition to the U.S. Supreme Court to return ‘Conan the Barbarian’ rights, a dismissal of a $10 million identity theft suit against JPMorgan and a dismissal of a securities fraud suit against surgical robot maker:

Stan Lee Media wants Supreme Court to return rights to ‘Conan the Barbarian’: The former owner of the “Conan the Barbarian” character is asking the U.S. Supreme Court to review a series of lower court rulings that refused to undo a decade-old bankruptcy court settlement that transferred ownership of the intellectual property to another company. Stan Lee Media Inc., which transferred the rights to the character over a decade ago during its Chapter 11 case, says in a petition for writ of certiorari, filed on Mar. 19, that its shareholders were denied due process when they were not given prior notice of the transfer.  (Bankruptcy)

Judge dismisses identity theft victim’s $10 million suit against JPMorgan: A New York federal judge has ruled that a woman victimized in an identity theft scheme allegedly perpetrated by JPMorgan Chase Bank employees cannot maintain her $10 million lawsuit against the bank. On Mar. 17, Judge Robert W. Sweet of the U.S. District Court for the Southern District of New York granted JPMorgan’s motion to dismiss Yelena Galper’s claims for identity theft and aiding and abetting identity theft.  (Bank & Lender Liability)

Investor can’t show securities fraud against surgical robot maker: An investor’s securities fraud complaint against medical robotics maker Stereotaxis Inc. must be dismissed because he failed to show either material misrepresentations or an intent to deceive shareholders, a Missouri federal judge ruled Mar. 18. Kevin Pound filed a class-action lawsuit in the U.S. District Court for the Eastern District of Missouri against Stereotaxis and its two chief officers, CEO Michael P. Kaminski and CFO Daniel J. Johnston.  The complaint alleged the company’s public statements between February and August 2011 caused its stock to trade artificially high and then plunge when its financial results fell short of its expectations for the year.  (Medical Devices)

Idaho Supreme Court reverses judge’s ruling in colostomy case:  The Idaho Supreme Court has revived a medical malpractice suit by the family of a man who committed suicide two years after a botched colorectal procedure. Ruling in a case of first impression, the unanimous five-justice panel held the trial judge erred by denying the family’s motion for a new trial despite finding the jury verdict for the doctor was against the weight of the evidence.  The patient’s bladder was incorrectly stapled to his colon and he underwent eight more surgeries after that, according to the Mar. 27 Supreme Court opinion.  (Medical Malpractice)

United Healthcare to drop mail-order requirement for HIV/AIDS drugs: United Healthcare Insurance Co. has agreed to settle a class-action lawsuit alleging its mandatory in-house mail-order prescription service for patients who suffer from HIV or AIDS is discriminatory. As part of a deal reached in the U.S. District Court for the Central District of California, the nation’s largest health insurer will permit such patients to opt out of the mail-order service, Consumer Watchdog announced March 19.  (Insurance Coverage)