MADISON, Wis. - A Wisconsin federal judge on Nov. 7 found that a bank did not violate the Fair Credit Reporting Act (FCRA) when it reviewed two property owners' credit reports, finding that they were not proper class representatives, and granted summary judgment for the bank (Jon Germain, et al. v. Bank of America N.A., No. 13-cv-676, W.D. Wis.; 2014 U.S. Dist. LEXIS 158874).
MIAMI - Citing a plaintiff's failure to disclose "critical copyright transfers" or evidence of "negotiations leading up to the execution of transfer documents" despite "repeated, direct inquiries" by the plaintiff's former counsel, a Florida federal magistrate judge on Nov. 10 deemed an award of attorney fees on behalf of a copyright infringement defendant warranted (Latele Television C.A. v. Telemundo Communications Group LLC, et al., No. 12-22539, S.D. Fla.; 2014 U.S. Dist. LEXIS 158634).
LONDON - After finding that an England and Wales High Court lacked jurisdiction over various Cypriot and other entities, a justice for the court on Nov. 11 granted a request by the companies to set aside an order for service on them in relation to an underlying action to confirm an arbitration award (Cruz City 1 Mauritius Holdings v. Unitech Limited, et al., No.  EWHC 3704 [Comm], England and Wales High, Comm.).
NEW YORK - A company that makes a line of products advertised as treating sinus congestion will offer full refunds to consumers who can provide proof of purchase as part of a settlement granted final approval in a New York federal court on Nov. 10 (In Re: Sinus Buster Products Consumer Litigation, No. 12-2429, E.D. N.Y.; 2014 U.S. Dist. LEXIS 158415).
NEWARK, N.J. - Finding that a defendant's discovery request for an additional search of electronically stored information (ESI) would be duplicative of previous requests, a New Jersey federal judge on Oct. 7 declined to overrule a magistrate's granting of a protective order barring such a search (Koninklijke Philips N.V. v. Hunt Control Systems Inc., No. 2:11-cv-03684, D. N.J.; 2014 U.S. Dist. LEXIS 157793).
DENVER - The 10th Circuit U.S. Court of Appeals on Nov. 10 found that neither the state action nor the local controversy provisions of the Class Action Fairness Act (CAFA) provide a basis to remand to state court a class action lawsuit challenging an insurer's practices, ordering a lower federal court to decide whether the amount in controversy exceeds $5 million (Brett F. Woods, et al. v. Standard Insurance Co., No. 13-2160, 10th Cir.).
OKLAHOMA CITY - The federal judge in Oklahoma presiding over a lawsuit brought against Halliburton Energy Services Inc. (HESI) by a group of residents who allege injury from exposure to radioactive waste on Nov. 10 ruled that a discovery order should not be amended to provide for random selection of discovery plaintiffs (Mitchell L. McCormick v. Halliburton Energy Services Inc., No. 11-012723, W.D. Okla.).
FORT LAUDERDALE, Fla. - Finding that the possibility of insureds' windfall double recovery is a potentially dispositive threshold issue that must be considered in ruling on summary judgment motions, a Florida federal judge on Nov. 6 granted an insurer's motion to continue the insureds' motion for partial summary judgment to the extent the insurer seeks further discovery regarding the sale of a related third party (MapleWood Partners, et al. v. Indian Harbor Insurance Co., No. 08-23343, S.D. Fla.; 2014 U.S. Dist. LEXIS 157319).
SAN FRANCISCO - A federal magistrate judge in California on Nov. 6 dismissed with leave to amend a class action complaint alleging that the distributers of a supplement to boost human growth hormone violated the state's unfair competition law (UCL) claim, saying no private right of action existed for the plaintiff's substantiation claim (Julian Engel v. Novex Biotech LLC, et al., No. 14-3457, N.D. Calif.; 2014 U.S. Dist. LEXIS 157281).
LOS ANGELES - A federal judge in California left standing several claims, including a state unfair competition law (UCL) claim in class action for wrongful seizure of property and personal belongings (Victoria Urenia, et al. v. Public Storage, et al., No. 13-1934, C.D. Calif.; 2014 U.S. Dist. LEXIS 158110).
GREENSBORO, N.C. - A former University of North Carolina at Chapel Hill (UNC) football player filed a class complaint on Nov. 6 in North Carolina federal court, accusing the school of providing him and other football student-athletes with inferior educations (Michael McAdoo, et al. v. The University of North Carolina at Chapel Hill, No. 14-935, M.D. N.C.).
PASADENA, Calif. - The State of California may proceed with claims against the maker of a gender prediction test under the state's unfair competition and false advertising laws but may not proceed with restitution claims that seek relief for those alleged violations on behalf of members of a class who already settled claims with the company, the Ninth Circuit U.S. Court of Appeals ruled Nov. 7 (The People of the State of California v. IntelliGender, LLC, No. 13-56806, 9th Cir.; 2014 U.S. App. LEXIS 21312).
CHARLESTON, W.Va. - An in-home direct care worker's class complaint seeking unpaid overtime fails because she brought her claims pursuant to state law when she and the other workers are actually subject to federal law, the West Virginia Supreme Court of Appeals ruled Nov. 7 (Carol King, et al. v. West Virginia's Choice, Inc., No. 13-1255, W.Va. Sup.; 2014 W. Va. LEXIS 1174).
SAN JOSE, Calif. - A federal judge in California on Nov. 6 held that an injunction class will continue in an unfair competition law (UCL) case over the alleged mislabeling of "all natural" packaged fruit products but decertified a damages class (Chad Brazil v. Dole Packaged Foods LLC, No. 12-1831, N.D. Calif.; 2014 U.S. Dist. LEXIS 157575).
CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on Nov. 7 affirmed a lower court decision and said certain reinsurance agreements merely show what debt is allegedly owed by a reinsurer but do not transfer the right to arbitrate that debt to the alleged assignee of certain rights of an insolvent insurer (Pine Top Receivables of Illinois, LLC v. Banco De Seguros Del Estado, No. 13-1364, 7th Cir.; 2014 U.S. App. LEXIS 21296).
LAKE CHARLES, La. - A Louisiana appeals court on Nov. 5 affirmed class action status in an unlawful health care billing case but deleted two subclasses, agreeing that the plaintiff representative was not a member of the subclasses (Gloria Vallare v. Ville Platte Medical Center, et al., No. 14-261, La. App., 3rd Cir.; 2014 La. App. LEXIS 2665).
RENO, Nev. - A federal magistrate judge in Nevada on Nov. 5 ordered a health care company accused by a former employee of fraudulently billing Medicare to produce data from 28 diagnosis-related groups (DRGs) dating back to June 2006 so the plaintiff can develop a statistical sampling plan (United States, ex rel. Cecilia Guardiola v. Renown Health, et al., No. 12-cv-00295-LRH-VPC, D. Nev.; 2014 U.S. Dist. LEXIS 157410).
WASHINGTON, D.C. - The U.S. Supreme Court on Nov. 10 denied review of an Eighth Circuit U.S. Court of Appeals ruling that a deferential standard of review applies in cases in which retirement plan participants' claim that the plan's fiduciaries breached their statutory duties of loyalty and prudence under Employee Retirement Income Security Act Section 404 (Ronald Tussey, et al. v. ABB, Inc., et al., No. 14-130, U.S. Sup.).
CHARLOTTE, N.C. - The committee representing asbestos claimants in Garlock Sealing Technologies LLC's bankruptcy case on Nov. 7 accused Garlock of fraudulently withholding evidence for last year's hearing to estimate Garlock's asbestos liability and asked a North Carolina federal bankruptcy court to reopen the hearing. Garlock responded the same day that the committee's request should be denied because the committee had access to the evidence in question and fails to rebut the basis for the bankruptcy court's estimation ruling (In re: Garlock Sealing Technologies, LLC, No. 10-31607, W.D. N.C. Bkcy.).
NEW ORLEANS - A split Fifth Circuit U.S. Court of Appeals panel on Nov. 5 reinstated a lawsuit filed by a consumer who claims that a bank violated the Electronic Funds Transfer Act (EFTA) by not posting an external notice regarding fees on its automatic teller machines (ATMs) (Lisa Mabary v. Home Town Bank, N.A., No. 13-20211, 5th Cir.; 2014 U.S. App. LEXIS 21145).
TOLEDO, Ohio - An Ohio federal magistrate judge on Nov. 6 granted a plaintiff's motion to quash discovery of materials related to the planning and preparation of her ex-husband's will and estate in a dispute over life and disability insurance benefits under the Employee Retirement Income Security Act (ERISA), finding that they were subject to the attorney-client privilege (Anette Davis v. Mary Ann Drake, et al., No. 3:14-cv-00113, N.D. Ohio; 2014 U.S. Dist. LEXIS 157313).
THE HAGUE, Netherlands - The Permanent Court of Arbitration (PCA) on Nov. 7 released several updates in a case filed by the Kingdom of the Netherlands against the Russian Federation in a dispute over the seizure of a vessel that is operated by Greenpeace International, including Russia's failure to file a countermemorial in the case (In re: Arctic Sunrise Arbitration [The Netherlands v. Russia, PCA).
CHICAGO - An offer of payment by a company that allegedly sent unauthorized faxed advertisements, which was made before a sufficient motion for class certification was filed, mooted the claims filed under the Telephone Consumer Protection Act (TCPA), an Illinois appellate panel ruled Nov. 6 (Ballard RN Center, Inc., f/k/a Ballard Nursing Center, Inc. v. Kohll's Pharmacy and Homecare, Inc., No. 1-13-1543, Ill. App., 1st Dist., 4th Div.; 2014 Ill. App. LEXIS 780).
SPOKANE, Wash. - A mining corporation on Nov. 7 announced that it has been unable to satisfy a $740.3 million award issued by the International Centre for Settlement of Investment Disputes (ICSID) against the Republic of Venezuela.
SAN DIEGO - A California federal judge, in an order filed Nov. 5, remanded a class complaint accusing Costco Wholesale Corp. of various wage violations, finding that the warehouse club failed to prove that the complaint met the $5 million Class Action Fairness Act (CAFA) threshold or the $75,000 diversity jurisdiction threshold (Paula Dittmar, et al. v. Costco Wholesale Corporation, et al., No. 14-1156, S.D. Calif.; 2014 U.S. Dist. LEXIS 156666).