ATLANTA - The 11th Circuit U.S. Court of Appeals on Aug. 30 reversed a District Court's judgment as a matter of law on an employer's overtime liability and remanded the case for a new trial (FLM LLC et al. v. The Cincinnati Insurance Co. No. 11-13708, 11th Cir.; 2012 U.S. App. LEXIS 18384).
DAYTON, Ohio - Merely visiting a website without obtaining a benefit from it does not bind a user to the site's "terms and conditions" or its forum selection clause, an Ohio federal magistrate judge ruled Aug. 28, finding that the court lacked jurisdiction over the site owner's federal Lanham Act claims and granting the defendants' motions to dismiss (Traton News LLC v. Traton Corp., et al., No. 3:11-cv-00435, S.D. Ohio; 2012 U.S. Dist. LEXIS 121947).
MIAMI - A Florida Court of Appeal panel on Aug. 29 ruled that a jury's verdict for the plaintiff in a product liability action was "fundamentally inconsistent," reversed the trial court's denial of the defendants' motion to set aside the verdict and remanded the case for entry of judgment in favor of the defendants (Tricam Industries Inc., et al. v. Diana Coba, No. 3D11-50, Fla. App., 3rd Dist.; 2012 Fla. App. LEXIS 14462).
NEW YORK - The Chapter 11 trustee in the bankruptcy proceeding of MF Global Holdings Ltd. (MFGH) on Aug. 29 filed a brief in the U.S. Bankruptcy Court for the Southern District of New York opposing a motion by the trustee in the Securities Investor Protection Act (SIPA) 15 U.S.C.S. § 78aaa, proceeding of MFGH's affiliate, MF Global Inc. (MFGI) (In Re: MF Global Inc., No. 11-2790, Chapter 11, S.D. N.Y. Bkcy.). View related prior history, 2012 U.S. Dist. LEXIS 58792.
NEW YORK - The Second Circuit U.S. Court of Appeals on Aug. 29 upheld a district court's rejection of a construction worker's claims that his employer breached a collective bargaining agreement (CBA) by charging his allotment of overtime hours for the purposes of determining his future eligibility for overtime work and improperly reassigning the worker from the night shift to the day shift (Scibilia v. Verizon Communications, Inc., et al. No. 11-1675, 2nd Cir.; 2012 U.S. App. LEXIS 18292).
SAN FRANCISCO - A total prior work exclusion in a commercial general liability insurance policy precludes coverage for a construction defective action, the Ninth Circuit U.S. Court of Appeals ruled Aug. 30, finding that an insurer has no duty to defend (Ghilotti Bros. Inc. v. American Safety Indemnity Co., No. 10-17231, 9th Cir.; 2012 U.S. App. LEXIS 18432).
BANGOR, Maine - A Maine federal bankruptcy judge on Aug. 28 denied confirmation of a plan of reorganization which sought the use of self-insurance funds and would impose a self-insurance channeling injunction upon the Maine Self-Insurance Guaranty Association (MSIGA), the Maine Superintendent of Insurance and other state agencies (In re: Irving Tanning Co., et al., No. 10-11757, D. Maine Bkcy.; 2012 Bankr. LEXIS 3960).
DETROIT - A woman's gender discrimination and sexual harassment claims against her former employer and supervisor fail because she was having a consensual sexual relationship with the supervisor and was not replaced with a male worker, a Michigan federal judge held Aug. 29 (Janine Souther v. Posen Construction, Inc., and Rick Minard No. 11-cv-13966, E.D. Mich.; 2012 U.S. Dist. LEXIS 122940).
KNOXVILLE, Tenn. - The Tennessee Court of Appeals on Aug. 28 overturned summary judgment for the defendant in a premises liability action, concluding that a reasonable jury could find an amusement park liable for a woman's slip-and-fall injuries (Teresa Holt, et al. v. The Dollywood Co., No. E2011-02481-COA-R3-CV, Tenn. App.; 2012 Tenn. App. LEXIS 590).
DALLAS - A federal judge in Texas on Aug. 28 vacated and remanded a case against Mexican glassmaker Vitro S.A.B. de C.V, ruling that creditors had grounds to file an involuntary Chapter 11 bankruptcy proceeding against it for its failure to pay its debts on time (Knighthead Master Fund LP v. Vitro Packaging LLC [In Re: Vitro Asset Corp.], No. 11-2603,Chapter 11, N.D. Texas). Subscribers may view the opinion available within the full article.
NEW YORK - A group of pilots with American Airlines and the now-defunct Trans World Airlines (TWA) on Aug. 29 filed a brief in the U.S. Bankruptcy Court for the Southern District of New York objecting to American's motion seeking authority to rejects its collective bargaining agreements (CBAs) with the pilots (In Re: AMR Corporation, No. 11-15463, Chapter 11, S.D. N.Y. Bkcy.). Subscribers may view the brief available within the full article.
NEW YORK - A federal judge in New York on Aug. 29 granted preliminary approval of a $590 million settlement between shareholders, Citigroup Inc. and certain of its current and former executive officers and directors on claims that the defendants misrepresented Citigroup's exposure to billions of dollars of risky collateralized debt obligations that were backed by residential subprime mortgages (In re Citigroup Inc. Securities Litigation, No. 07-9901, S.D. N.Y.).
Follow this link to view a complimentary copy of the complete Mealey's article.
TAMPA, Fla. - A federal judge in Florida on Aug. 29 approved Holland & Knight LLP's agreement to pay $25 million to settle charges brought by the Securities and Exchange Commission that it helped hedge fund manager Arthur Nadel conduct a $168 million Ponzi scheme (Securities and Exchange Commission v. Arthur Nadel, et al., No. 09-00087, M.D. Fla.).
DENVER - A group of former Boeing Co. workers suing on behalf of a class of approximately 700 others failed to prove that widespread age bias was at play when the company that purchased two Boeing sites decided which of Boeing's workforce it would rehire (Perry Apsley, et al. v. The Boeing Company, et al., No. 11-3238, 10th Cir.; 2012 U.S. App. LEXIS 18161).
SAN FRANCISCO - In a suit brought by the Federal Trade Commission, the Ninth Circuit U.S. Court of Appeals on Aug. 28 affirmed the contempt order against an online marketer of prepaid debit cards and short-term loans to consumers in the subprime market (Federal Trade Commission v. EDebitPay LLC, et al., No. 11-55431, 9th Cir.; 2012 U.S. App. LEXIS 18206).
WASHINGTON, D.C. - Coverage for six underlying lawsuits against a law firm insured is precluded by a professional liability insurance policy's exclusion for claims alleging misappropriation of assets, a District of Columbia federal judge ruled Aug. 28, granting the insurer's motion for summary judgment and awarding it certain sums already paid in underlying defense costs (Navigators Insurance Company v. Baylor & Jackson, et al., No. 12-242 [JEB], D. Colo.; 2012 U.S. Dist. LEXIS 122159).
NEW YORK - A federal judge in New York on Aug. 28 denied a motion for reconsideration in a securities class action lawsuit against Bank of America Corp. (BoA) and others, ruling that he had properly determined that shareholders had properly pleaded scienter in making their federal securities law claims against BoA (Pennsylvania Public School Employees' Retirement System v. Bank of America Corp., et al., No. 11-733, S.D. N.Y.). View related prior history, 2012 U.S. Dist. LEXIS 96317.
LOS ANGELES - A California jury on Aug. 29 awarded a widow $6.895 million and found that Crane Co. acted maliciously in exposing her husband to asbestos, but returned no punitive damages against the company, sources told Mealey Publications (Elaine Margie Paulus, et al. v. Access Hotels & Resorts, et al., No. BC437739, Calif. Super., Los Angeles Co.). Subscribers may view the verdict sheet available within the full Mealey's article.
PORTLAND, Ore. - The U.S. District Court for the District of Oregon magistrate judge presiding over the lawsuit filed by Oregon National Guard members for exposure to hexavalent chromium at Qarmat Ali in Iraq issued an order Aug. 29 affirming his jurisdiction over the claims against contractors engaged to restore crude oil production after the U.S. invasion; a trial on the claims of 12 plaintiffs is set to begin Oct. 9 (Rocky Bixby, et al. v. KBR, Inc., et al., No. 09-632, D. Ore.; 2012 U.S. Dist. LEXIS 122854).
ATLANTA - A pension fund has properly pleaded scienter on the part of a company's outside auditor, which is alleged to have issued false audit statements concealing the company's involvement in an illegal financial "smoothing" scheme, a federal judge in Georgia ruled Aug. 28 (In re Carter's Inc. Securities Litigation, No. 08-2940, N.D. Ga.; 2012 U.S. Dist. LEXIS 122498).
ATLANTA - A lead plaintiff in a securities class action lawsuit has failed to properly plead any of its federal securities law claims against an office real estate investment trust, a federal judge in Georgia ruled Aug. 27 (In re Piedmont Office Trust Inc. Securities Litigation, No. 07-2660, N.D. Ga.). Subscribers may view the order available within the full article.
ANNAPOLIS, Md. - After finding that a trial court erred when it applied the wrong test in determining whether an expert's methodologies and theories in relation to mold exposure and illness are generally accepted in the relevant scientific community, a Maryland appeals court on Aug. 29 reversed a decision holding that the expert's testimony was admissible (Montgomery Mutual Insurance Co. v. Josephine Chesson, et al., No. 2454, September Term, 2009, Md. App.; 2012 Md. App. LEXIS 94).
CAMDEN, N.J. - A federal judge in New Jersey on Aug. 27 dismissed with prejudice a couple's class action lawsuit against HSBC Mortgage Services Inc. and Mortgage Electronic Systems Inc. (MERS) after finding that their claims should have been raised during an earlier foreclosure action brought by the defendants (Francis Napoli, et al. v. HSBC Mortgage Services Inc., et al., No. 12-CV-222, D. N.J.; 2012 U.S. Dist. LEXIS 121204).
RALEIGH, N.C. - A report issued Aug. 29 by the monitor of the $25 billion National Mortgage Settlement states that the five banks involved in the agreement have reportedly already granted $10.56 billion in relief to consumers in the form of short sales and principal reductions. Subscribers may view the report available within the full article.
COLUMBUS, Ohio - The Ohio Supreme Court on Aug. 29 ruled that a couple's claims against a municipality for water damage caused by an allegedly defective sewer system were barred by governmental immunity (Barbara Coleman, et al. v. Portage County Engineer, No. 2011-0199, Ohio Sup.; 2012 Ohio LEXIS 2036).