NEW ORLEANS - A federal judge in Louisiana on June 19 awarded summary judgment to Bank of America N.A. on a majority of claims asserted by a woman accusing the lender of misapplying a mortgage payment and then attempting to charge her a $1,000 reinstatement fee and penalties but found that the woman can pursue her claim for negligence (Alicia Oakes v. Countrywide Home Loans Inc., et al., No. 07-9743 Section S $(5$), E.D. La.; 2012 U.S. Dist. LEXIS 84532).
SPRINGFIELD, Mass. - A Massachusetts federal judge on June 19 found no merit to an argument by Netflix Inc. that the recently enacted Twenty-First Century Communications and Video Accessibility Act of 2010 (CCVA) conflicts with the Americans with Disabilities Act (ADA) and renders claims brought under it moot, leading the judge to deny the defendant's motion for judgment on the pleadings (National Association of the Deaf, et al. v. Netflix Inc., No. 3:11-cv-30168, D. Mass.; 2012 U.S. Dist. LEXIS 84518).
CHICAGO - An Illinois federal judge in a June 19 minute order denied a motion by Internet service provider (ISP) Comcast Cable Communications LLC to reconsider a magistrate judge's denial of two accused Doe downloaders' motions to quash discovery subpoenas that were served on Comcast (Hard Drive Productions v. Does 1-48, No. 1:11-cv-09062, N.D. Ill.; 2012 U.S. Dist. LEXIS 82927).
CEDAR RAPIDS, Iowa - A federal judge in Iowa on June 18 awarded summary judgment to Select Portfolio Servicing Inc. (SPS), after finding that its reporting of negative information to credit-reporting agencies despite its involvement in a forbearance agreement with the plaintiff did not violate the Fair Credit Reporting Act (FCRA) (Richard Pundt v. Select Portfolio Servicing Inc., et al., No. 10cv159, N.D. Iowa; 2012 U.S. Dist. LEXIS 84390).
SAN FRANCISCO - A federal judge in California on June 18 dismissed several counts from a suit against several banks and other defendants arising from a home foreclosure because the complaint lacks sufficient specificity, among other reasons (John P. McGough v. Wells Fargo Bank NA, et al., No. 12-0050, N.D. Calif.; 2012 U.S. Dist. LEXIS 84327).
LIBERTY, Mo. - A Missouri appeals court on June 19 relieved a ceiling tile manufacturer of liability for a man's mesothelioma but said that on retrial, a jury must apply its portion of the fault to the other two defendants (Lois J. Wagner, Robin G. Wagner and Wende L. Wagner v. Bondex International, et al., Nos. WD72474, WD72619, Mo. App.). Subscribers may view the opinion available within the full article.
ST. LOUIS - A claimant assigned an insured's right to action against an insurance broker failed to establish the element of damage necessary to prove its claim for broker negligence against the broker, a Missouri appeals panel affirmed June 19 (Extended Stay Inc., et al. v. American Automobile Insurance Co., et al. v. International Placement Services Inc., No. ED97109, Mo. App., Eastern Dist., Div. 3; 2012 Mo. App. LEXIS 825).
NEW YORK - The federal bankruptcy judge presiding over the Chapter 11 bankruptcy proceeding of Residential Capital LLC (ResCap) on June 20 granted a motion by Berkshire Hathaway Inc. to appoint an examiner (In Re: Residential Capital LLC, No. 12-12321, Chapter 11, S.D. N.Y. Bkcy.). Subscribers may view the order available within the full article.
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on June 15 affirmed the dismissal of a rate-setting dispute between a community mental health center and the U.S. Department of Health and Human Services (DHHS) and its secretary, Kathleen Sebelius (Paladin Community Mental Health Center, et al., v. Kathleen Sebelius, in her official capacity as Secretary of Health and Human Services, et al., No. 11-50682; 2012 U.S. App. LEXIS 12155).
RALEIGH, N.C. - The North Carolina Court of Appeals on June 19 affirmed summary judgment for the defendants in a medical malpractice case involving a woman who was injured while under anesthesia, concluding that "proof of the cause of Decedent's injury precludes application of the res ipsa loquitur doctrine" (Carl Alston, et al. v. Granville Health System, et al., No. COA11-1522, N.C. App.; 2012 N.C. App. LEXIS 762).
WILLIAMSPORT, Pa. - A $20.9 million settlement of 15 lawsuits filed across the country alleging that Rite Aid Corp. illegally classified its assistant store managers as exempt in order to avoid paying them overtime wages received preliminary approval June 18 from a Pennsylvania federal judge (Shirley Craig, et al. v. Rite Aid Corporation, et al., No. 4:08-cv-02317, M.D. Pa.). Subscribers may view the order available within the full article.
LEXINGTON. Ky. - The claims of the last plaintiff in a mass tort against the operators of the National Electric Coil plant in Harlan County, Ky., were dismissed and judgment was entered for the defendants June 19 in the U.S. District Court for the Eastern District of Kentucky because the plaintiff failed to adduce specific causation evidence in support of her wrongful death claims (Charles W. Adams Jr., et al. v. Cooper Industries Inc., et al., No. 03-476, E.D. Ky.; 2012 U.S. Dist. LEXIS 84742).
WILMINGTON, Del. - The Official Committee of Unsecured Creditors in the Chapter 11 bankruptcy proceeding of WP Steel Venture LLC on June 19 filed a brief in the U.S. Bankruptcy Court for the District of Delaware, contending that WP's proposed asset sale has not been planned appropriately and should be denied (In Re: WP Steel Venture LLC, No. 12-11661, Chapter 11, D. Del. Bkcy.). Subscribers may view the opinion available within the full article.
GREENSBORO, N.C. - A federal magistrate in North Carolina on June 18 denied motions to exclude plaintiffs' expert designations of two police practices experts in a civil rights case in which a sheriff's deputy used a Taser on a man who was in a tree stand, causing him to fall (Dale and Tammy Cook v. Brad Riley, et al., No. 1:11CV24, M.D. N.C.; 2012 U.S. Dist. LEXIS 83736).
LOS ANGELES - Shareholders in a company claim in a June 18 filing in California federal court that their derivative amended complaint sufficiently pleads that presuit demand on the company's board of directors would have been futile (CAMOFI Master LDC, et al. v. Jerrold Pressman, et al., No. 11-cv-04574, C.D. Calif.). Subscribers may view the brief in opposition to motion to dismiss available within the full article.
WILMINGTON, Del. - The federal bankruptcy judge presiding over the Chapter 11 proceeding of Prince Sports Inc. on June 19 approved a $74 million licensing agreement and authorized the sale of certain assets free and clear of liens (In Re: Prince Sports Inc., No. 12-11439, Chapter 11, D. Del. Bkcy.). Subscribers may view the order available within the full article.
OAKLAND, Calif. - Directors and officers Google Inc. say in a June 19 motion to dismiss a shareholder derivative suit that although the shareholder made presuit demand to the company's board of directors, the shareholder brought suit before the board made a determination (Judy Wang, Derivatively on Behalf of Google Inc. v. Larry Page, et al., No. 12-cv-01785, N.D. Calif.). Subscribers may view the brief in support of the motion to dismiss available within the full article.
WILMINGTON, Del. - After construing a disputed claim term, a Delaware federal judge on June 19 deemed a patent infringement plaintiff unlikely to succeed on its claim of infringement against a competitor in the biofuels industry (Butamax Advanced Biofuels LLC v. Gevo Inc., No. 11-54, D. Del.; 2012 U.S. Dist. LEXIS 84608).
RALEIGH, N.C. - A North Carolina appeals court on June 19 affirmed a trial judge's decision to affirm a summary ejectment order made against two tenants who stopped paying rent after a mold discovery, finding that there was enough evidence to show that a tenant and landlord relationship existed between the parties (Edith Raether v. GCO Energy Corp., et al., No. COA12-86, N.C. App.; 2012 N.C. App. LEXIS 750).
WILMINGTON, Del. - A copyright plaintiff's assertions that it erroneously titled a count for conversion as a count for copyright infringement were rejected June 19 by a Delaware federal judge, who not only dismissed the claim but also granted the defendant's motion for attorney fees (4C Inc. v. Michael Pouls et al., No. 11-778, D. Del.).
GRAND RAPIDS, Mich. - A federal judge in Michigan on June 15 awarded judgment to Wells Fargo Bank N.A.'s loan-servicing arm after finding that in addition to a couple's lack of standing to bring their wrongful foreclosure action, they failed to state claims against the loan servicer for alleged violations of the Real Estate Settlement Procedures Act (RESPA) 12 USCS § 2607 and Fair Debt Collection Practices Act (FDCPA), 15 U.S.C.S. §§1692 et seq. (Paul B. Witek v. Mortgage Electronic Registration Systems Inc., et al., No. 11-CV-216, W.D. Mich.; 2012 U.S. Dist. LEXIS 83029).
CHICAGO - A consumer has properly shown that numerous voice mail messages left for her by a debt collector violated provisions of the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C.S. §§1692 et seq. because the debt collector failed to provide the required disclosures, a federal judge in Illinois ruled June 14 (Anna Pawelczak v. Nations Recovery Center Inc., No. 11-3700, N.D. Ill.; 2012 U.S. Dist. LEXIS 82916).
SAN DIEGO - The Federal Home Loan Mortgage Corp. (Freddie Mac) and Wells Fargo Auto Finance Inc. have agreed to pay $17 million to settle two putative class actions alleging that they illegally contacted customers on their cell phones in violation of the Telephone Consumer Protection Act (TCPA), 47 U.S.C.S. § 227, according to a June 18 filing in a California federal court (Alberto Malta v. The Federal Home Loan Mortgage Corp., et al., No. 10-1290, S.D. Calif.; Danny Allen Jr. v. Wells Fargo Auto Finance Inc., No. 10-2657, S.D. Calif.). Subscribers may view the motion for settlement available within the full article.
NEW ORLEANS - A commercial general liability insurer has no duty to defend an insured for allegations of faulty construction based upon a contractual liability exclusion, a majority of the Fifth Circuit U.S. Court of Appeals affirmed June 15; however, the majority found that the exclusion was prematurely applied to the insurer's duty to indemnify (Ewing Construction Co. Inc. v. Amerisure Insurance Co., No. 11-40512, 5th Cir.; 2012 U.S. App. LEXIS 12154).
ATLANTA - In a 4-3 decision reached June 18, the Georgia Supreme Court granted summary judgment for the defendant in a premises liability action, concluding that the record showed that a woman killed by an alligator on the defendant's property had knowledge of the threat of alligators within the community (The Landings Association Inc. v. Russell Williams, et al., No. S11G1263, Ga. Sup.; 2012 Ga. LEXIS 566).