NEW ORLEANS - The judge presiding over a putative class action in the U.S. District Court for the Eastern District of Louisiana brought by Louisiana and Mississippi plaintiffs for personal injuries and business losses against the owner of a paper mill issued an order April 27 dismissing maritime law punitive damages, but the plaintiffs may pursue punitive damages under state law (Terral Evans, et al. v. TIN Inc., No. 11-2067, E.D. La.; 2012 U.S. Dist. LEXIS 58990).-->
OAKLAND, Calif. - Finding that the plaintiffs in a purported class action over cost-per-click (CPC) advertising agreements with Facebook Inc. failed to establish "that questions of law or fact common to the class members predominate over questions affecting only individual members," a California federal judge on April 13 denied their motion to certify the class complaint for breach of contract and unfair business practices (In re Facebook Inc. PPC Advertising Litigation, No. 09-3043, N.D. Calif.; 2012 U.S. Dist. LEXIS 52512).
RICHMOND, Va. - A professional liability insurance policy's business enterprise exclusion precludes coverage for underlying conspiracy to defraud claims against a law firm insured, the Fourth Circuit U.S. Court of Appeals affirmed March 29 (MLM v. Antonelli Terry Stout & Kraus, et al., No. 10-2404, 4th Cir.).
LOS ANGELES - A city attorney sufficiently demonstrated that a business sold marijuana in violation of drug, nuisance and unfair competition laws, warranting a permanent injunction, a California court held March 26 (The People ex rel. Carmen A. Trutanich as city attorney v. Jeffrey K. Joseph, No. B232248, Calif. App., 2nd Dist.; 2012 Cal. App. Unpub. LEXIS 2261).
HOUSTON - Controlling precedent from the Texas Supreme Court led a Texas federal judge on March 20 to grant dismissal of an insured's claims that his insurer violated the state Insurance Code and the Texas Deceptive Trade Practices Act (DTPA), finding that state law precluded such claims related to workers' compensation claims (Keen v. Wausau Business Insurance Co., et al., No. 4:11-cv-01415, S.D. Texas; 2012 U.S. Dist. LEXIS 37354).
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SAN FRANCISCO - Consumers claiming that businesses used banking information obtained from payday loan applications to create unauthorized checks to pay for coupon services must amend their California unfair competition law (UCL) claims to allege where the conduct occurred, a federal judge held March 22. The consumers cannot, however, seek restitution from the banks on which the funds were drawn, the judge said (Amber Kristi Marsh and Stacie Evans, et al. v. Zaazoom Solutions LLC, et al., No. 11-5226, N.D. Calif.; 2012 U.S. Dist. LEXIS 37758).
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