RICHMOND, Va. - A panel of the Fourth Circuit U.S. Court of Appeals on June 27 reversed the denial of a motion to dismiss reimbursement claims brought against a health plan by multiple hospitals pursuant to an arbitration agreement, saying that the lower court erred in finding that the defendant had defaulted on its right to arbitrate (Wheeling Hospital Inc. et al. v. The Health Plan of the Upper Ohio Valley Inc., et al., No. 11-1694; 4th Cir.; 2012 U.S. App. LEXIS 13154).
WASHINGTON, D.C. - A federal judge in the District of Columbia on June 28 dismissed a man's class action lawsuit accusing the Federal Deposit Insurance Corp., Ocwen Loan Servicing LLC and a law firm of engaging in discriminatory lending and loan servicing practices against Latino borrowers after finding that the plaintiff failed to allege that he was subjected to the alleged conduct (Samuel Molina v. Federal Deposit Insurance Corporation, et al., No. 11-1759, D. D.C.; 2012 U.S. Dist. LEXIS 89330).
NEW YORK - A New York federal judge on June 27 granted final approval of a class action settlement between an electronics retailer and its customers who challenge the retailer's promise to match lower prices; the agreement does not provide monetary relief to class members but instead preserves those claims (Thomas Jermyn, et al. v. Best Buy Stores, L.P., No. 08-214, S.D. N.Y.; 2012 U.S. Dist. LEXIS 90289).
PHILADELPHIA - Medicare Advantage provider Humana Medical Plan Inc. is allowed under Medicare law to seek reimbursement from GlaxoSmithKline PLC (GSK) for the costs of treating insurance customers who were injured by GSK's Avandia diabetes drug, a unanimous Third Circuit U.S. Court of Appeals panel said June 28 (In Re: Avandia Marketing, Sales Practices and Products Liability Litigation, No. 11-2664, 3rd Cir.; 2012 U.S. App. LEXIS 13230).
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LAKE CHARLES, La. - The Third Circuit Louisiana Court of Appeal on June 27 ruled that a trial court erred in not allowing the plaintiffs' expert to testify in a medical malpractice action involving the death of a 62-year-old woman (John Benjamin Sr., et al. v. William Zeichner, M.D., No. 11-1524, La. App., 3rd Cir.; 2012 La. App. LEXIS 911).
PHILADELPHIA - Enterprise Holdings Inc., the sole shareholder of 38 domestic subsidiaries, is not a "joint employer" of its subsidiaries' assistant branch managers, the Third Circuit U.S. Court of Appeals ruled June 28, upholding a trial court's dismissal of the parent company from a wage-and-hour multidistrict litigation (In Re: Enterprise Rent-A-Car Wage & Hour Employment Practices Litigation, No. 11-2883, 3rd Cir.; 2012 U.S. App. LEXIS 13229).
LOS ANGELES - The former chief executive officer of IndyMac Financial Inc. agreed on June 25 to a $5.5 million settlement with shareholders in a securities class action lawsuit brought against the bankrupt financial giant and certain of its former officers and directors for alleged violations of federal securities laws (Sven Mossberg, et al. v. IndyMac Financial, Inc., et al., No. 07-1635, C.D. Calif.). Subscribers may view the stipulation of settlement available within the full article.
CHICAGO - A federal magistrate judge in Illinois on June 26 granted final approval to a $9.5 million settlement between Kraft Foods Global Inc. and participants in its 401(k) plan on claims that plan fiduciaries violated the Employee Retirement Income Security Act by allowing excessive fees, holding excessive cash within the plan's company stock funds and offering imprudent funds as investment options (Gerald George, et al. v. Kraft Foods Global, Inc., et al., Nos. 1:08-cv-03799, 1:07-cv-1713, N.D. Ill.). Subscribers may view the final order and judgment available within the full article.
WASHINGTON, D.C. - After denying a copyright holder's motion to compel an Internet service provider (ISP) to submit personally identifying information of 351 Doe defendants in an infringement case, a District of Columbia federal judge on June 26 denied as moot motions to quash discovery by eight of those Does (Millennium TGA Inc. v. Comcast Cable Communications LLC, No. 1:12-mc-00150, D. D.C.; 2012 U.S. Dist. LEXIS 88369).
LANSING, Mich. - A Michigan Court of Appeals panel on June 26 affirmed a convenience store robber's murder conviction, finding that a trial court correctly allowed a forensic anthropologist to compare the defendant's ear to the robber's ear shown in a surveillance video (State of Michigan v. Geoffrey Lavar Lawson, No. 302128, Mich. App.; 2012 Mich. App. LEXIS 1271).
ST. LOUIS - A bank did not waive its attorney-client privilege in disputed documents in a lawsuit filed by the special deputy receiver (SDR) of three insolvent insurers by voluntarily producing them to the government in response to a grand jury subpoena, a Missouri federal judge ruled June 25 (Jo Ann Howard & Associates PC, et al. v. J. Douglas Cassity, et al., No. 09-01252, E.D. Mo.; 2012 U.S. Dist. LEXIS 87558).
PHILADELPHIA - A federal judge in Pennsylvania on June 25 preliminarily approved a $4 million settlement to resolve a putative class's claims that Washington Mutual Bank FSB violated the Real Estate Settlement Procedures Act (RESPA) by collecting kickbacks and fees in return for referring customers to certain private mortgage insurance companies (Robert Alexander, et al. v. Washington Mutual Inc., No. 07-cv-04426-TON, E.D. Pa.).
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PHILADELPHIA - A Pennsylvania federal judge on June 26 denied LexisNexis Risk & Information Analytics Group Inc.'s second motion to dismiss a Fair Credit Reporting Act (FCRA) class complaint by employees who were fired by their employers or potential employers based on background checks conducted by LexisNexis (Keesha Goode, et al. v. LexisNexis Risk & Information Analytics Group, Inc., No. 11-2950, E.D. Pa.; 2012 U.S. Dist. LEXIS 87770).
PHILADELPHIA - Nearly 500 employees at a Sunoco Inc. refinery will receive payments averaging $878.33 under a settlement of class action unpaid overtime claims that was approved June 27 by a Pennsylvania federal judge (Matthew Ripley, et al., v. Sunoco, Inc., et al., No. 10-1194, E.D. Pa.; 2012 U.S. Dist. LEXIS 88889).
FRESNO, Calif. - A day after a California federal judge's order was filed to deny a motion to transfer venue in a wage-and-hour complaint filed against a used car chain, the defendant, CarMax Inc., moved to dismiss the class complaint (Michael Luchini, et al. v. CarMax, Inc., et al., No. 12-417, E.D. Calif.; 2012 U.S. Dist. LEXIS 87665).
CHICAGO - The Foreign Trade Antitrust Improvements Act (FTAIA) establishes an element of a claim under the Sherman Act, rather than affects the subject-matter jurisdiction of the district courts, the Seventh Circuit U.S. Court of Appeals held June 27 in an en banc decision ruling that the FTAIA does not bar class action claims of a global price-fixing conspiracy against foreign producers of potash (Minn-Chem, Incorporated, et al. v. Agrium Incorporated, et al., No. 10-1712, 7th Cir.; 2012 U.S. App. LEXIS 13131).
AKRON, Ohio - An Ohio federal judge on June 26 denied a company's motion to remand its breach of contract action to state court, finding that the dispute between parties relates to a London arbitration clause under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (Integrated Aircraft Systems Inc. v. Porvair Filtration Group Ltd., No. 5:12CV493, N.D. Ohio.; 2012 U.S. Dist. LEXIS 88171).
WASHINGTON, D.C. - A federal appeals court on June 22 dismissed an appeal filed by a company of a lower court's decision that its complaint against a law firm was barred by the doctrine of res judicata, finding that the company failed to show that the firm knew of and participated in a bribery-racketeering conspiracy under the Racketeer Influenced and Corrupt Organizations Act (RICO) 18 U.S.C.S. §§ 1961 et seq.. in relation to an international arbitration case involving Grenada (RSM Production Corp. v. Freshfields Bruckhaus Deringer US LLP, et al., No. 11-7101, D.C. Cir.; 2012 U.S. App. LEXIS 12784).
MEMPHIS, Tenn. - A federal judge in Tennessee on June 25 certified three subclasses in a suit in which a plaintiff says a credit union illegally failed to post notices on its ATMs regarding surcharges (Vicki Cook Campbell v. Hope Community Credit Union, No. 10-02649, W.D. Tenn.; 2012 U.S. Dist. LEXIS 87697.).
MIAMI - PNC Bank N.A. has agreed, via a joint notice filed June 26, to pay $90 million to settle class claims that the bank used a software scheme to illegally collect excessive overdraft fees (In Re: Checking Account Overdraft Litigation, No. 09-2036, S.D. Fla.).Subscribers may view the joint motion of settlement available within the full article.
NEW YORK - A Connecticut woman may proceed with a class complaint over title insurance rates against the company she dealt with only, not the other subsidiaries that she alleges also overcharged their customers, the Second Circuit U.S. Court of Appeals ruled June 25, affirming a trial court ruling (Deborah Mahon, et al. v. Ticor Title Insurance Co., et al., No. 10-3005, 2nd Cir.; 2012 U.S. App. LEXIS 12947).
NEW YORK - A New York federal judge on June 22 granted motions filed by the Republic of Grenada in relation to a dispute with a Chinese bank over defaulted loans, finding that certain restraining notices issued by the bank that prevented airlines and other entities from paying taxes and fees in connection with business operations that are related to Grenada must be vacated because they were barred by the Foreign Sovereign Immunities Act (FSIA) (The Export-Import Bank of the Republic of China v. Grenada, No. 06-2469, S.D. N.Y.; 2012 U.S. Dist. LEXIS 87079).
PHOENIX - Lead plaintiffs in a securities class action lawsuit against a for-profit education company and several of its senior management team members have failed to plead scienter or loss causation in making claims that the defendants misrepresented the business and financial condition of the company, a federal judge in Arizona ruled June 22 in dismissing (In re Apollo Group, Inc. Securities Litigation, No. 10-1735, D. Ariz.). Subscribers may view details of the decision available within the full article.
WASHINGTON, D.C. - The U.S. Supreme Court on June 25 denied an insurer's petition for a writ of certiorari challenging the Louisiana Supreme Court's finding that every member of a class of more than 18,000 insureds was entitled to recover the maximum $5,000 civil penalty based on the insurer's purported failure to comply with its statutory duty to timely initiate loss adjustment of the class members' Hurricanes Katrina and Rita claims (Louisiana Citizens Property Insurance Corp. v. Geraldine Oubre, et al., No. 11-1252, U.S. Sup.).
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ATLANTA - A trial court erred in admitting a plaintiff's own expert engineering testimony that a turnstile's lack of lubrication caused it to snap back and strike him in the face, a Georgia appeals panel held June 25 (L-3 Communications Titan Corp. v. David L. Patrick, No. A12A0430, Ga. App., 3rd Div.; 2012 Ga. App. LEXIS 561).