ORLANDO, Fla. - A Florida federal judge on Nov. 15 ordered that a wage-and-hour class complaint must be decided by an arbitrator but left the matter of whether the claims would proceed on an individual or collective basis up to the arbitrator (Ryan Jackson v. Home Team Pest Defense, Inc., No. 13-916, M.D. Fla.; 2013 U.S. Dist. LEXIS 163068).
SAN DIEGO - A California federal judge on Nov. 14 granted final approval of a revised $4 million settlement in a class lawsuit accusing Kellogg Co. of making false advertising claims about its Frosted Mini-Wheats cereal despite earlier concerns that the amount for class members had been reduced while attorney fees and expenses remained unchanged (Harry Dennis, et al. v. Kellogg Co., No. 09-1786, S.D. Calif.; 2013 U.S. Dist. LEXIS 163118).
SAN FRANCISCO - A California federal judge on Nov. 15 dismissed a class complaint filed by a retail store clerk who filed various wage-and-hour claims based on the employer's alleged failure to provide meal and rest breaks, finding that the lead plaintiff's failure to show that the lack of breaks was due to the employer not providing them (Patrick Bellinghausen v. Tractor Supply Company, et al., No. 13-2377, N.D. Calif.; 2013 U.S. Dist. LEXIS 163193).
WASHINGTON, D.C. - The U.S. Supreme Court on Nov. 15 agreed to hear an appeal of a securities class action lawsuit seeking determination of whether the Supreme Court's ruling in Basic Inc. v. Levinson should be modified with regard to its presumption of reliance coming from the fraud-on-the-market theory (Halliburton Co., et al. v. Erica F. John Fund Inc., No. 13-317 U.S. Sup.).
NASHVILLE, Tenn. - A federal judge in Tennessee on Nov. 15 certified a class of plaintiffs alleging that a retail operator violated the Electronic Fund Transfer Act's (EFTA) fee notice requirements (Lynn Harter v. Beach Oil Co. Inc., No. 10-0968, M.D. Tenn.; 2013 U.S. Dist. LEXIS 162989).
SACRAMENTO, Calif. - A federal judge in California on Nov. 15 dismissed without prejudice a man's lawsuit challenging the foreclosure of his home after finding that his state law claims, including his cause of action brought under California Business and Professions Code Section 17200, are preempted by the Home Owners Loan Act (HOLA) (Jason Deschaine v. IndyMac Mortgage Services, et al., No. 13-1991 WBS CKD, E.D. Calif.; 2013 U.S. Dist. LEXIS 163203).
DETROIT - The Michigan Court of Appeals on Nov. 14 revived a couple's workplace accident case, concluding that the trial court erred by imposing limits on their ability to conduct discovery (Naum Thomai, et al. v. MIBA Hydramechanica Corp., No. 310755, Mich. App.; 2013 Mich. App. LEXIS 1858).
ALEXANDRIA, Va. - A federal judge in Virginia on Nov. 15 allowed a putative class action alleging that Capital One Bank (USA) N.A. deceived customers about fees and conditions applied to their 0 percent annual percentage rate (APR) access checks to proceed (Margaret Murr v. Capital One Bank [USA] N.A., No. 13-1091, E.D. Va.).
WASHINGTON, D.C. - The U.S. Supreme Court on Nov.18 denied a petition for review filed by a class member who objected to the settlement of a class suit accusing Sirius XM Radio Inc. of antitrust violations in connection with the 2008 merger of the only two providers of satellite radio, and Justice Samuel A. Alito Jr. commented that a judge's requirement that class counsel reflect the class as to race and gender may warrant "future review" (Nicholas Martin v. Carl Blessing, et al., No. 13-169, U.S. Sup.).
JERSEY CITY, N.J. - A New Jersey trial judge held Nov. 12 that an accident victim's hedonic damages expert could not testify because his "willingness to pay" opinion was unreliable (Shalome and Joe Johnson v. George Redd, et al., No. HUD-L-855-11, N.J. Super., Hudson, Co.; 2013 N.J. Super. Unpub. LEXIS 2739).
PHILADEPHIA - A federal judge in Philadelphia on Nov. 12 denied Comcast Corp.'s motion to strike consumers' motion to recertify a class following the U.S. Supreme Court's reversing the court's motion to certify the class, but the judge permitted Comcast to file a substantive response to the motion to recertify (Stanford Glaberson, et al. v. Comcast Corporation, et al., No. 03-6604, E.D. Pa.; 2013 U.S. Dist. LEXIS 160890).
THE HAGUE, Netherlands - The Permanent Court of Arbitration (PCA) on Nov. 13 announced that it has entered an order terminating arbitration between the Argentine Republic and the Republic of Ghana in relation to a dispute over court measures adopted by Ghana and its retention of a frigate (The Argentine Republic v. The Republic of Ghana, PCA).
MIAMI - Comerica Bank on Nov. 14 agreed to pay nearly $15 million to exit a multidistrict litigation in which class members allege that several banks manipulated the order of debit card transactions to maximize checking account overdraft fees (In Re: Checking Account Overdraft Litigation, No. 09-md-02036, S.D. Fla.).
CHICAGO - A federal magistrate judge in Illinois on Nov. 12 refused to strike a defendant's answer and affirmative defenses to a breach of contract suit and denied a request to preclude the defendant from offering any evidence in support of his claims as a sanction for his failure to bring requested documents with him to his deposition (Robert P. Maher, et al. v. The Rowen Group Inc., d/b/a Playroom Entertainment, et al., No. 12 C 7169, N.D. Ill.; 2013 U.S. Dist. LEXIS 160939).
HARRISBURG, Pa. - A patent dispute will proceed with the testimony of two competing expert witnesses, thanks to two Nov. 13 rulings by a Pennsylvania federal judge (Kimberly Clark Worldwide Inc. v. First Quality Baby Products LLC et al., No. 09-1685, M.D. Pa.).
CHARLESTON, W.Va. - The West Virginia Supreme Court of Appeals ruled Nov. 13 that a trial court judge abuses his discretion when he determines, in the course of disposing of motions in limine, that the opinions of the disputed experts are right or wrong (Deborah Kay Harris v. CSX Transportation Inc., No. 12-1135, W.Va. Sup.; 2013 W.Va. LEXIS 1285).
DENVER - A Colorado federal judge on Nov. 13 granted approval of a $2.49 million settlement ending a collective action filed by salaried assistant general managers (AGMs) of a fast food chain seeking unpaid overtime (Jaquelyn Ann Whittington, et al. v. Taco Bell of America, Inc., et al., No. 10-1884, D. Colo.; 2013 U.S. Dist. LEXIS 161665).
NEW YORK - A federal judge in New York on Nov. 12 certified a class in a suit alleging that World Financial Network National Bank (WFNNB) provided Ann Taylor LOFT credit card customers with disclosure statements that violated the Truth in Lending Act (TILA) (Ester Kelen v. World Financial Network National Bank, No. 12-5024, S.D. N.Y.; 2013 U.S. Dist. LEXIS 161863).
SAN JOSE, Calif. - A graphic designer filed a putative class action against Adobe Systems Inc. in California federal court on Nov. 11, leveling claims of unfair business practices and breach of contract related to a massive security breach that the software giant recently experienced (Christina Halpain v Adobe Systems Inc., No. 5:13-cv-05226, N.D. Calif.).
DETROIT - A Michigan federal judge on Nov. 12 denied a motion by Redbox Automated Retail LLC, a video rental company, to toss a class complaint filed by customers who allege that their personal information was improperly shared with third parties (Michelle Cain, et al. v. Redbox Automated Retail, LLC, No. 12-15014, E.D. Mich.; 2013 U.S. Dist. LEXIS 160782).
HOUSTON - A federal judge in Texas on Nov. 12 held that an insurance company's claim notes created after it received a letter from a customer's client asking the company to fund a settlement that would exceed the limits of a policy the plaintiff company had with the client were sufficient for the insurer to anticipate litigation with the client (OneBeacon Insurance Company v. T. Wade Welch & Associates, et al., No. H-11-3061, S.D. Texas; 2013 U.S. Dist. LEXIS 161083).
CHICAGO - Fintec Group Inc., a commodities broker that did business with bankrupt Peregrine Financial Group Inc., on Nov. 11 filed a putative class action against US Bank NA in the U.S. District Court for the Northern District of Illinois, alleging that it was complicit in the fraud perpetrated by Peregrine, which misappropriated $200 million in customer-segregated funds (Fintec Group Inc. v. US Bank NA, No. 13-08076, N.D. Ill.).
SAN FRANCISCO - A California federal judge on Nov. 12 denied a California company's motion to transfer a class complaint filed against it by an Ohio company over faxed advertisements (True Health Chiropractic Inc. v. McKesson Corporation, No. 13-2219, N.D. Calif.; 2013 U.S. Dist. LEXIS 161275).
NEW YORK - A federal magistrate judge in New York presiding over a personal injury lawsuit ruled Nov. 12 that an adverse inference jury instruction should be imposed against a defendant catering company as a sanction for its failure to preserve a surveillance video that allegedly captured the plaintiff's fall (Tiffani Rodgers v. Rose Party Functions Corp., d/b/a The Rose Castle, et al., No. 10-CV-4780, E.D. N.Y.; 2013 U.S. Dist. LEXIS 161190).
JACKSON, Miss. - A trial court correctly admitted expert testimony that wind from Hurricane Katrina damaged a couple's roof structure, but it wrongly shifted the burden of proof for other damage to the property owners, the Mississippi Supreme Court held Nov. 7 in reversing a directed verdict for the insurer on coverage (Jack and Margaret Ann Hoover v. United Services Automobile Association, No. 2011-CA-01486-SCT, Miss. Sup.; 2013 Miss. LEXIS 578).