NEW YORK - A federal trial court erred in granting summary judgment to manufacturer Stora Enso North American (SENA) but properly granted summary judgment to manufacturer Stora Enso Oyj (SEO) on direct purchasers' claims that the defendants engaged in a horizontal price-fixing scheme by agreeing with a nonparty manufacturer to fix prices of publication paper at supracompetitive prices, the Second Circuit U.S. Court of Appeals ruled Aug. 6 (In re: Publication Paper Antitrust Litigation, No. 11-101-cv, 2nd Cir.; 2012 U.S. App. LEXIS 16330).
CHICAGO - In a one-page order issued Aug. 7, the federal bankruptcy judge presiding over the Chapter 7 bankruptcy of Peregrine Financial Group Inc. granted the trustee authority to subpoena various financial institutions that did business with Peregrine before its demise (In Re: Peregrine Financial Group Inc., No. 12-27488, N.D. Ill. Bkcy.) Subscribers may view the order available within the full article.
SPRINGFIELD, Mass. - A Massachusetts federal judge on Aug. 3 denied conditional certification to a class of city employees in a police dispatcher's lawsuit alleging that the city has a practice of miscalculating certain workers' wages for the purpose of denying them proper overtime compensation (Scott Burns v. City of Holyoke, No. 12-30003, D. Mass.; 2012 U.S. Dist. LEXIS 108856).
NEW YORK - A New York federal judge on Aug. 1 certified a class of more than 100 pizzeria workers in a lawsuit alleging that the business failed to pay employees overtime or minimum wages and did not maintain adequate employment records (Marcel Mendez v. Pizza on Stone, LLC (d/b/a Adrianne's Pizza Bar) No. 11-6316, S.D. N.Y.; 2012 U.S. Dist. LEXIS 108605).
HOUSTON - A Texas federal judge on Aug. 1 denied a company's request for additional attorney fees it incurred for work that allegedly was required by the unjustified refusal of an entity to abide by an arbitration award issued by the American Arbitration Association (AAA), finding that the time spent in relation to confirmation of the award was spent on at least one issue that was not frivolous (Tricon Energy Ltd. v. Vinmar International Ltd., No. 4:10-cv-05260, S.D. Texas; 2012 U.S. Dist. LEXIS 107563).
NEW YORK - Former employees failed to demonstrate that Xerox Corp. promised vested lifetime healthcare benefits or that the plan fiduciaries made material misrepresentations in violation of the Employee Retirement Income Security Act, the Second Circuit U.S. Court of Appeals ruled Aug. 3 in an unpublished order affirming the dismissal of the retirees' putative class action (Samuel D. Coriale, et al. v. Xerox Corporation, et al., No. 11-1724-cv, 2nd Cir.; 2012 U.S. App. LEXIS 16086).
NEW YORK - A federal judge in New York on Aug. 2 approved nine settlement agreements worth approximately $183 million after reduction for opt-outs between air carriers and direct and indirect domestic and foreign purchasers of airfreight shipping services on their claims that the carriers were part of a worldwide price-fixing scheme (In re: Air Cargo Shipping Services Antitrust Litigation No. 06-MD-1775, E.D. N.Y.; 2012 U.S. Dist. LEXIS 108299).
NEW ORLEANS - A federal district court judge properly excluded a plaintiff's expert witnesses in a surgical mesh case, granted summary judgment and sanctioned the plaintiff for the costs of delays, a panel of the Fifth Circuit U.S. Court of Appeals ruled Aug. 2 (Deborah Smith, et al. v. Johnson & Johnson, Inc., et al., No. 11-60624, 5th Cir.).
PHOENIX - An Arizona federal judge on July 31 certified a national class of people who bought stock in Matrixx Initiatives Inc. from Dec. 22, 2007, and June 15, 2009, and allegedly saw their stock price drop because the company failed to report 800 cases of customers who lost their sense of smell (anosmia) after using Matrixx's nonprescription cold remedy nasal products (David Shapiro, et al. v. Matrixx Initiatives, Inc, et al., No. 09-1479, D. Ariz.).
NEW YORK - Shareholders and a number of defendants in a securities class action lawsuit against investment bank IndyMac Bank MBS Inc., its subsidiary and others have agreed to settle claims for $6 million, according to court documents filed July 31 by the lead plaintiffs in the action (In re IndyMac Mortgage-Backed Securities Litigation, No. 09-4583, S.D. N.Y.). Subscribers may view the motion for class certification available within the full article.
LAS VEGAS - An Internet site accused of copyright infringement of "adult-themed" videos must disclose to a Las Vegas video producer the identities of six people who allegedly uploaded protected video, a Nevada federal judge ruled Aug. 1 (Liberty Media Holdings, LLC v. Sergej Letyagin, d/b/a SunPorno.com, et al., No. 2:12-cv-00923-LRH-GWF, D. Nev.; 2012 U.S. Dist. LEXIS 107184).
NEW YORK - A federal magistrate judge on July 30 recommended that plaintiffs representing 59 victims of the Sept. 11, 2001, terrorist attacks collectively receive $6,048,513,805 in damages from Islamic Republic of Iran, Ayatollah Ali Hoseini Khamenei, Hezbollah and other Iranian individuals and entities, Osama bin Laden, the Taliban and al Qaeda after a default judgment was entered against the defendants for their liability concerning the attacks (In Re: Terrorist Attacks on September 11, 2001, No. 03 MDL 1570 $(GBD$) $(FM$), S.D. N.Y.). View related prior history, 2008 U.S. Dist. LEXIS 69631.
NEW YORK - An investor filed a class action complaint against Bank of America Corp., Barclays Bank PLC and several other banks on July 30 in federal court in New York, alleging that the defendant banks conspired to and did suppress and manipulate the London interbank offered rate (LIBOR) for the U.S. dollar in violation of federal antitrust law (33-35 Green Pond Road Associates, LLC v. Bank of America Corporation, et al., No. 12-cv-5822, S.D. N.Y.). Subscribers may view the class action complaint available within the full article.
MIAMI - A Florida federal judge on Aug. 1 granted one motion to dismiss and denied one motion to dismiss in the multidistrict litigation alleging the improper collection of overdraft fees of their customers (In Re: Checking Account Overdraft Litigation, No. 09-2036, S.D. Fla.).
BROOKLYN, N.Y. - A group of former pilots for World Airways Inc., a division of bankrupt Global Aviation Holdings Inc., on July 31 filed a putative class action contending that the mass layoffs the company instituted after it filed its bankruptcy petition violated federal employment law (Daniel Schroeder, et al. v. Global Aviation Holdings Inc. $(In Re: Global Aviation Holdings Inc.$), No. 12-40783, Chapter 11, E.D. N.Y. Bkcy.). View related prior history, 2012 Bankr. LEXIS 3437.
ATLANTA - For the second time in a month, the 11th Circuit U.S. Court of Appeals on July 31 instructed a district court to compel arbitration in a suit involving a bank's overdraft fees, finding that the unconscionable cost-and-fee shifting provision was severable from the arbitration agreement (In Re: Checking Account Overdraft Litigation, Doris Powell-Perry, et al. v. Branch Banking and Trust Company, No. 11-14319, 11th Cir.; 2012 U.S. App. LEXIS 15781).
BOSTON - A Massachusetts federal judge dismissed putative class claims against car rental company Zipcar on July 31, saying that the company's high late fees are imposed for a reasonable business purpose (Naomi Reed, et al. v. Zipcar Inc., No. 11-11340-NMG, D. Mass.; 2012 U.S. Dist. LEXIS 106371).
DES MOINES, Iowa - The Iowa Supreme Court on July 27 affirmed in part and reversed in part a lower court decision granting judgment in favor of insurance companies in a putative class action brought by a group of chiropractic doctors who allege that they were wrongfully paid lower rates for their services than for equivalent services offered by medical doctors or osteopathic physicians (Steven A. Mueller, et al. v. Wellmark Inc., et al., No. 10-10, Iowa Sup.; 2012 Iowa Sup. LEXIS 83).
SAN FRANCISCO - A July 25 ruling by a California federal magistrate judge that patent plaintiff Apple Inc. is entitled to an adverse inference jury instruction based on Samsung Electronics Co. Ltd.'s deletion of emails was proper, Apple argued July 31 (Apple Inc. v. Samsung Electronics Co. Ltd., no. 11-1846, N.D. Calif.).
BOSTON - The First Circuit U.S. Court of Appeals on July 27 vacated a $30 million attorney fees award for several groups of plaintiffs' attorneys who achieved a class action settlement agreement in a complaint involving claims that engines in Volkswagen and Audi vehicles were defective (In Re: Volkswagen and Audi Warranty Extension Litigation, Nos. 11-1438 and 11-1857, 1st Cir.; 2012 U.S. App. LEXIS 15636).
POCATELLO, Idaho - Direct and indirect potato purchasers plausibly alleged that two growers that created a joint venture, the joint venture and a marketer joined in a conspiracy to reduce the supply of potatoes in order to raise prices in violation of the Sherman Act, a federal judge in Idaho ruled July 27, in denying the growers' and marketer's motions to dismiss (In re: Fresh and Process Potatoes Antitrust Litigation [All Actions], No. 4:10-md-2186, D. Idaho).
BOSTON - It is within a trial court's province to provide information on the fallibility of eyewitness identifications through jury instructions rather than through dueling experts, a First Circuit U.S. Court of Appeals panel held July 27 in a narcotics case (United States of America v. Daquawn Jones, No. 10-2363, 1st Cir.; 2012 U.S. App. LEXIS 15631).
CAMDEN, N.J. - A New Jersey federal judge on July 31 denied a plaintiff's motion to reconsider the dismissal of a putative class action seeking the return of money paid to Medicare after Medicare demanded reimbursement of a discounted portion of medical costs it paid on behalf of the plaintiff from a lump-sum tort settlement the plaintiff received (Joseph B. Mason v. Kathleen Sebelius, et al., No. 11-2370, D. N.J.; 2012 U.S. Dist. LEXIS 106522).
NEW YORK - The federal bankruptcy judge presiding over the Chapter 11 case of Eastman Kodak Co. on Aug. 1 ruled that Kodak could sell two of its patents related to digital imaging, concluding that the statute of limitations had run out on Apple Inc.'s right to assert ownership. Other patents remain disputed, but the judge said Kodak could update the record to assert its ownership rights (Eastman Kodak Company v. Apple Inc., et al. (In Re: Eastman Kodak Company), No. 12-10202, Adv. No. 12-01720, Chapter 11, S.D. N.Y. Bkcy.).
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on July 31 vacated a portion of a Texas federal district court's decision that required parties to arbitrate a dispute over contracts related to offshore oil drilling before five arbitrators, remanding the case so that the district court can enter an order appointing three arbitrators, which was required by the agreement between parties (BP Exploration Libya Limited v. ExxonMobil Libya Limited, et al., No. 11-20547, 5th Cir.; 2012 U.S. App. LEXIS 15706).