Federal Judge Tosses Suit Accusing Retail Chain Of Failing To Provide Breaks

    SAN FRANCISCO - A California federal judge on Nov. 15 dismissed a class complaint filed by a retail store clerk who filed various wage-and-hour claims based on the employer's alleged failure to provide meal and rest breaks, finding that the lead plaintiff's failure to show that the lack of breaks was due to the employer not providing them (Patrick Bellinghausen v. Tractor Supply Company, et al., No. 13-2377, N.D. Calif.; 2013 U.S. Dist. LEXIS 163193).

    High Court To Hear Appeal In Securities Suit Challenging Basic Ruling

    WASHINGTON, D.C. - The U.S. Supreme Court on Nov. 15 agreed to hear an appeal of a securities class action lawsuit seeking determination of whether the Supreme Court's ruling in Basic Inc. v. Levinson should be modified with regard to its presumption of reliance coming from the fraud-on-the-market theory (Halliburton Co., et al. v. Erica F. John Fund Inc., No. 13-317 U.S. Sup.).

    Federal Judge Approves Class Of Consumers In ATM Fees Suit

    NASHVILLE, Tenn. - A federal judge in Tennessee on Nov. 15 certified a class of plaintiffs alleging that a retail operator violated the Electronic Fund Transfer Act's (EFTA) fee notice requirements (Lynn Harter v. Beach Oil Co. Inc., No. 10-0968, M.D. Tenn.; 2013 U.S. Dist. LEXIS 162989).

    Man's State Law Claims Against Loan Servicer Are Preempted, Judge Rules

    SACRAMENTO, Calif. - A federal judge in California on Nov. 15 dismissed without prejudice a man's lawsuit challenging the foreclosure of his home after finding that his state law claims, including his cause of action brought under California Business and Professions Code Section 17200, are preempted by the Home Owners Loan Act (HOLA) (Jason Deschaine v. IndyMac Mortgage Services, et al., No. 13-1991 WBS CKD, E.D. Calif.; 2013 U.S. Dist. LEXIS 163203).

    Michigan Appeals Panel Overturns Decision In Workplace Injury Action

    DETROIT - The Michigan Court of Appeals on Nov. 14 revived a couple's workplace accident case, concluding that the trial court erred by imposing limits on their ability to conduct discovery (Naum Thomai, et al. v. MIBA Hydramechanica Corp., No. 310755, Mich. App.; 2013 Mich. App. LEXIS 1858).

    Federal Judge Allows Credit Card Interest Suit Against Capital One To Proceed

    ALEXANDRIA, Va. - A federal judge in Virginia on Nov. 15 allowed a putative class action alleging that Capital One Bank (USA) N.A. deceived customers about fees and conditions applied to their 0 percent annual percentage rate (APR) access checks to proceed (Margaret Murr v. Capital One Bank [USA] N.A., No. 13-1091, E.D. Va.).

    High Court Denies Challenge To Judge's Practice In Appointing Class Counsel

    WASHINGTON, D.C. - The U.S. Supreme Court on Nov.18 denied a petition for review filed by a class member who objected to the settlement of a class suit accusing Sirius XM Radio Inc. of antitrust violations in connection with the 2008 merger of the only two providers of satellite radio, and Justice Samuel A. Alito Jr. commented that a judge's requirement that class counsel reflect the class as to race and gender may warrant "future review" (Nicholas Martin v. Carl Blessing, et al., No. 13-169, U.S. Sup.).

    Hedonic Damages Opinion Lacks Reliable Basis, New Jersey Judge Concludes

    JERSEY CITY, N.J. - A New Jersey trial judge held Nov. 12 that an accident victim's hedonic damages expert could not testify because his "willingness to pay" opinion was unreliable (Shalome and Joe Johnson v. George Redd, et al., No. HUD-L-855-11, N.J. Super., Hudson, Co.; 2013 N.J. Super. Unpub. LEXIS 2739).

    Consumers In Comcast Antitrust Case May Move To Certify Narrowed Class, Judge Says

    PHILADEPHIA - A federal judge in Philadelphia on Nov. 12 denied Comcast Corp.'s motion to strike consumers' motion to recertify a class following the U.S. Supreme Court's reversing the court's motion to certify the class, but the judge permitted Comcast to file a substantive response to the motion to recertify (Stanford Glaberson, et al. v. Comcast Corporation, et al., No. 03-6604, E.D. Pa.; 2013 U.S. Dist. LEXIS 160890).

    PCA Terminates Arbitration Over Court Measures Between Ghana And Argentina

    THE HAGUE, Netherlands - The Permanent Court of Arbitration (PCA) on Nov. 13 announced that it has entered an order terminating arbitration between the Argentine Republic and the Republic of Ghana in relation to a dispute over court measures adopted by Ghana and its retention of a frigate (The Argentine Republic v. The Republic of Ghana, PCA).

    Comerica Agrees To Pay Nearly $15M To Settle Overdraft Fees Litigation

    MIAMI - Comerica Bank on Nov. 14 agreed to pay nearly $15 million to exit a multidistrict litigation in which class members allege that several banks manipulated the order of debit card transactions to maximize checking account overdraft fees (In Re: Checking Account Overdraft Litigation, No. 09-md-02036, S.D. Fla.).

    Magistrate Judge Denies Plaintiffs' Request For Evidentiary Sanctions

    CHICAGO - A federal magistrate judge in Illinois on Nov. 12 refused to strike a defendant's answer and affirmative defenses to a breach of contract suit and denied a request to preclude the defendant from offering any evidence in support of his claims as a sanction for his failure to bring requested documents with him to his deposition (Robert P. Maher, et al. v. The Rowen Group Inc., d/b/a Playroom Entertainment, et al., No. 12 C 7169, N.D. Ill.; 2013 U.S. Dist. LEXIS 160939).

    Pennsylvania Federal Judge Won't Exclude Experts From Testifying In Patent Case

    HARRISBURG, Pa. - A patent dispute will proceed with the testimony of two competing expert witnesses, thanks to two Nov. 13 rulings by a Pennsylvania federal judge (Kimberly Clark Worldwide Inc. v. First Quality Baby Products LLC et al., No. 09-1685, M.D. Pa.).

    West Virginia Supreme Court Reverses Orders Excluding Plaintiff's Causation Experts

    CHARLESTON, W.Va. - The West Virginia Supreme Court of Appeals ruled Nov. 13 that a trial court judge abuses his discretion when he determines, in the course of disposing of motions in limine, that the opinions of the disputed experts are right or wrong (Deborah Kay Harris v. CSX Transportation Inc., No. 12-1135, W.Va. Sup.; 2013 W.Va. LEXIS 1285).

    Colorado Federal Judge Approves $2.49M Settlement In Assistant Managers' Wage Suit

    DENVER - A Colorado federal judge on Nov. 13 granted approval of a $2.49 million settlement ending a collective action filed by salaried assistant general managers (AGMs) of a fast food chain seeking unpaid overtime (Jaquelyn Ann Whittington, et al. v. Taco Bell of America, Inc., et al., No. 10-1884, D. Colo.; 2013 U.S. Dist. LEXIS 161665).

    Class Certified In Credit Card Billing Rights Dispute

    NEW YORK - A federal judge in New York on Nov. 12 certified a class in a suit alleging that World Financial Network National Bank (WFNNB) provided Ann Taylor LOFT credit card customers with disclosure statements that violated the Truth in Lending Act (TILA) (Ester Kelen v. World Financial Network National Bank, No. 12-5024, S.D. N.Y.; 2013 U.S. Dist. LEXIS 161863).

    Putative Class Action Filed Over Adobe Systems Security Breach

    SAN JOSE, Calif. - A graphic designer filed a putative class action against Adobe Systems Inc. in California federal court on Nov. 11, leveling claims of unfair business practices and breach of contract related to a massive security breach that the software giant recently experienced (Christina Halpain v Adobe Systems Inc., No. 5:13-cv-05226, N.D. Calif.).

    Michigan Federal Judge Denies Redbox's Request To Dismiss Customers' Privacy Suit

    DETROIT - A Michigan federal judge on Nov. 12 denied a motion by Redbox Automated Retail LLC, a video rental company, to toss a class complaint filed by customers who allege that their personal information was improperly shared with third parties (Michelle Cain, et al. v. Redbox Automated Retail, LLC, No. 12-15014, E.D. Mich.; 2013 U.S. Dist. LEXIS 160782).

    Judge Finds Letter Could Lead Insurer To Reasonably Anticipate Litigation

    HOUSTON - A federal judge in Texas on Nov. 12 held that an insurance company's claim notes created after it received a letter from a customer's client asking the company to fund a settlement that would exceed the limits of a policy the plaintiff company had with the client were sufficient for the insurer to anticipate litigation with the client (OneBeacon Insurance Company v. T. Wade Welch & Associates, et al., No. H-11-3061, S.D. Texas; 2013 U.S. Dist. LEXIS 161083).

    Broker Files Putative Class Action, Says US Bank Was Complicit In Peregrine Fraud

    CHICAGO - Fintec Group Inc., a commodities broker that did business with bankrupt Peregrine Financial Group Inc., on Nov. 11 filed a putative class action against US Bank NA in the U.S. District Court for the Northern District of Illinois, alleging that it was complicit in the fraud perpetrated by Peregrine, which misappropriated $200 million in customer-segregated funds (Fintec Group Inc. v. US Bank NA, No. 13-08076, N.D. Ill.).

    Federal California Judge Denies Request To Transfer Faxed Ad Suit To Ohio

    SAN FRANCISCO - A California federal judge on Nov. 12 denied a California company's motion to transfer a class complaint filed against it by an Ohio company over faxed advertisements (True Health Chiropractic Inc. v. McKesson Corporation, No. 13-2219, N.D. Calif.; 2013 U.S. Dist. LEXIS 161275).

    Magistrate Judge Imposes Adverse Inference For Failure To Preserve Video

    NEW YORK - A federal magistrate judge in New York presiding over a personal injury lawsuit ruled Nov. 12 that an adverse inference jury instruction should be imposed against a defendant catering company as a sanction for its failure to preserve a surveillance video that allegedly captured the plaintiff's fall (Tiffani Rodgers v. Rose Party Functions Corp., d/b/a The Rose Castle, et al., No. 10-CV-4780, E.D. N.Y.; 2013 U.S. Dist. LEXIS 161190).

    Mississippi High Court Finds Burden Shifting Erroneous In Insurance Dispute

    JACKSON, Miss. - A trial court correctly admitted expert testimony that wind from Hurricane Katrina damaged a couple's roof structure, but it wrongly shifted the burden of proof for other damage to the property owners, the Mississippi Supreme Court held Nov. 7 in reversing a directed verdict for the insurer on coverage (Jack and Margaret Ann Hoover v. United Services Automobile Association, No. 2011-CA-01486-SCT, Miss. Sup.; 2013 Miss. LEXIS 578).

    4 Subclasses Certified In Suit Over Denial Of Early Intervention Services

    WASHINGTON, D.C. - A District of Columbia federal judge granted class certification of four subclasses in a lawsuit accusing the District of Columbia of failing to provide disabled preschool children with early intervention after the District Court's prior class certification was tossed by an appellate panel in light of Wal-Mart Stores, Inc. v. Dukes (131 S. Ct. 2541 [2011]) (DL, et al. v. The District of Columbia, et al., No. 05-1437, D. D.C.; 2013 U.S. Dist. LEXIS 160018).

    Magistrate Judge: Company Must Submit Statement On Use Of Confidential Data

    CHICAGO - A plaintiff company in a trade secret misappropriation case was ordered by a federal judge in Illinois on Nov. 8 to submit a declaration or affidavit explaining if any of its client's officers or employees were provided with the defendants' confidential financial information that was erroneously attached as an exhibit to a motion for a preliminary injunction (Instant Technology LLC v. Elizabeth Defazio, et al, No. 12 C 491, N.D. Ill.; 2013 U.S. Dist. LEXIS 160251).