NEW YORK - The Second Circuit U.S. Court of Appeals on Aug. 8 affirmed a decision confirming a $40 million arbitration award issued in favor of an investor and against the Kingdom of Thailand, finding that a federal court did not err when it did not independently adjudicate the jurisdiction of the tribunal (Werner Schneider, acting in his capacity as insolvency administrator of Walter Bau AG [In Liquidation] v. The Kingdom of Thailand, No. 11-1458, 2nd Cir.; 2012 U.S. App. LEXIS 16508).
SAN FRANCISCO - A long-running suit alleging consumer fraud in the rounding up of wireless minutes was revived Aug. 7 by the First District California Court of Appeal, which ruled that claims under California's unfair competition law (UCL; Business and Professions Code Section 17200, et seq.) should not have been dismissed by demurrer without leave to amend (Diane Tucker, et al. v. Pacific Bell Mobile Services, et al., No. A132619, Calif. App., Dist. 1, Div. 5).
CEDAR RAPIDS, Iowa - Although an Iowa federal judge on Aug. 7 found that the European-based defendants in a copyright dispute did not have sufficient contacts with Iowa to permit jurisdiction under the state's long-arm statute, he permitted discovery to determine whether jurisdiction can be established under the federal long-arm statute (Fraserside IP LLP v. Sergej Letyagin, et al., No. 3:11-cv-03041, N.D. Iowa; 2012 U.S. Dist. LEXIS 109889).
RALEIGH, N.C. - A North Carolina Court of Appeals panel on Aug. 7 affirmed a $25,904 award to a modular home company that sued to recover the unpaid balance of a construction contract, concluding that the trial court was correct to bar testimony from the defendants' expert witness (Fisher Housing Companies Inc. v. Haywood J. Hendricks, et al., No. COA12-120, N.C. App.; 2012 N.C. App. LEXIS 908).
SCRANTON, Pa. - The Pennsylvania Minimum Wage Act (PMWA) provides for the recovery of unpaid overtime as well as minimum wages, a Pennsylvania federal judge held Aug. 6 in denying judgment on the pleadings to a hospital in a former employee's class action lawsuit alleging that the hospital failed to pay her overtime wages in violation of the PMWA (Michele Sakalas v. Wilkes-Barre Hospital Co., et al., No. 3:11-cv-0546, M.D. Pa.; 2012 U.S. Dist. LEXIS 110013).
PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Aug. 7 vacated a trial court's certification of a class of BMW purchasers and lessees of certain vehicles equipped with Bridgestone run-flat tires (RFTs) finding that the named plaintiff's claims fail to satisfy the numerosity and predominance requirements (Jeffrey Marcus, et al. v. BMW of North America, LLC, et al., Nos. 11-1192 & 11-1193, 3rd Cir.; 2012 U.S. App. LEXIS 16369).
NEW YORK - A federal trial court erred in granting summary judgment to manufacturer Stora Enso North American (SENA) but properly granted summary judgment to manufacturer Stora Enso Oyj (SEO) on direct purchasers' claims that the defendants engaged in a horizontal price-fixing scheme by agreeing with a nonparty manufacturer to fix prices of publication paper at supracompetitive prices, the Second Circuit U.S. Court of Appeals ruled Aug. 6 (In re: Publication Paper Antitrust Litigation, No. 11-101-cv, 2nd Cir.; 2012 U.S. App. LEXIS 16330).
CHICAGO - In a one-page order issued Aug. 7, the federal bankruptcy judge presiding over the Chapter 7 bankruptcy of Peregrine Financial Group Inc. granted the trustee authority to subpoena various financial institutions that did business with Peregrine before its demise (In Re: Peregrine Financial Group Inc., No. 12-27488, N.D. Ill. Bkcy.) Subscribers may view the order available within the full article.
SPRINGFIELD, Mass. - A Massachusetts federal judge on Aug. 3 denied conditional certification to a class of city employees in a police dispatcher's lawsuit alleging that the city has a practice of miscalculating certain workers' wages for the purpose of denying them proper overtime compensation (Scott Burns v. City of Holyoke, No. 12-30003, D. Mass.; 2012 U.S. Dist. LEXIS 108856).
NEW YORK - A New York federal judge on Aug. 1 certified a class of more than 100 pizzeria workers in a lawsuit alleging that the business failed to pay employees overtime or minimum wages and did not maintain adequate employment records (Marcel Mendez v. Pizza on Stone, LLC (d/b/a Adrianne's Pizza Bar) No. 11-6316, S.D. N.Y.; 2012 U.S. Dist. LEXIS 108605).
HOUSTON - A Texas federal judge on Aug. 1 denied a company's request for additional attorney fees it incurred for work that allegedly was required by the unjustified refusal of an entity to abide by an arbitration award issued by the American Arbitration Association (AAA), finding that the time spent in relation to confirmation of the award was spent on at least one issue that was not frivolous (Tricon Energy Ltd. v. Vinmar International Ltd., No. 4:10-cv-05260, S.D. Texas; 2012 U.S. Dist. LEXIS 107563).
NEW YORK - Former employees failed to demonstrate that Xerox Corp. promised vested lifetime healthcare benefits or that the plan fiduciaries made material misrepresentations in violation of the Employee Retirement Income Security Act, the Second Circuit U.S. Court of Appeals ruled Aug. 3 in an unpublished order affirming the dismissal of the retirees' putative class action (Samuel D. Coriale, et al. v. Xerox Corporation, et al., No. 11-1724-cv, 2nd Cir.; 2012 U.S. App. LEXIS 16086).
NEW YORK - A federal judge in New York on Aug. 2 approved nine settlement agreements worth approximately $183 million after reduction for opt-outs between air carriers and direct and indirect domestic and foreign purchasers of airfreight shipping services on their claims that the carriers were part of a worldwide price-fixing scheme (In re: Air Cargo Shipping Services Antitrust Litigation No. 06-MD-1775, E.D. N.Y.; 2012 U.S. Dist. LEXIS 108299).
NEW ORLEANS - A federal district court judge properly excluded a plaintiff's expert witnesses in a surgical mesh case, granted summary judgment and sanctioned the plaintiff for the costs of delays, a panel of the Fifth Circuit U.S. Court of Appeals ruled Aug. 2 (Deborah Smith, et al. v. Johnson & Johnson, Inc., et al., No. 11-60624, 5th Cir.).
PHOENIX - An Arizona federal judge on July 31 certified a national class of people who bought stock in Matrixx Initiatives Inc. from Dec. 22, 2007, and June 15, 2009, and allegedly saw their stock price drop because the company failed to report 800 cases of customers who lost their sense of smell (anosmia) after using Matrixx's nonprescription cold remedy nasal products (David Shapiro, et al. v. Matrixx Initiatives, Inc, et al., No. 09-1479, D. Ariz.).
NEW YORK - Shareholders and a number of defendants in a securities class action lawsuit against investment bank IndyMac Bank MBS Inc., its subsidiary and others have agreed to settle claims for $6 million, according to court documents filed July 31 by the lead plaintiffs in the action (In re IndyMac Mortgage-Backed Securities Litigation, No. 09-4583, S.D. N.Y.). Subscribers may view the motion for class certification available within the full article.
LAS VEGAS - An Internet site accused of copyright infringement of "adult-themed" videos must disclose to a Las Vegas video producer the identities of six people who allegedly uploaded protected video, a Nevada federal judge ruled Aug. 1 (Liberty Media Holdings, LLC v. Sergej Letyagin, d/b/a SunPorno.com, et al., No. 2:12-cv-00923-LRH-GWF, D. Nev.; 2012 U.S. Dist. LEXIS 107184).
NEW YORK - A federal magistrate judge on July 30 recommended that plaintiffs representing 59 victims of the Sept. 11, 2001, terrorist attacks collectively receive $6,048,513,805 in damages from Islamic Republic of Iran, Ayatollah Ali Hoseini Khamenei, Hezbollah and other Iranian individuals and entities, Osama bin Laden, the Taliban and al Qaeda after a default judgment was entered against the defendants for their liability concerning the attacks (In Re: Terrorist Attacks on September 11, 2001, No. 03 MDL 1570 $(GBD$) $(FM$), S.D. N.Y.). View related prior history, 2008 U.S. Dist. LEXIS 69631.
NEW YORK - An investor filed a class action complaint against Bank of America Corp., Barclays Bank PLC and several other banks on July 30 in federal court in New York, alleging that the defendant banks conspired to and did suppress and manipulate the London interbank offered rate (LIBOR) for the U.S. dollar in violation of federal antitrust law (33-35 Green Pond Road Associates, LLC v. Bank of America Corporation, et al., No. 12-cv-5822, S.D. N.Y.). Subscribers may view the class action complaint available within the full article.
MIAMI - A Florida federal judge on Aug. 1 granted one motion to dismiss and denied one motion to dismiss in the multidistrict litigation alleging the improper collection of overdraft fees of their customers (In Re: Checking Account Overdraft Litigation, No. 09-2036, S.D. Fla.).
BROOKLYN, N.Y. - A group of former pilots for World Airways Inc., a division of bankrupt Global Aviation Holdings Inc., on July 31 filed a putative class action contending that the mass layoffs the company instituted after it filed its bankruptcy petition violated federal employment law (Daniel Schroeder, et al. v. Global Aviation Holdings Inc. $(In Re: Global Aviation Holdings Inc.$), No. 12-40783, Chapter 11, E.D. N.Y. Bkcy.). View related prior history, 2012 Bankr. LEXIS 3437.
ATLANTA - For the second time in a month, the 11th Circuit U.S. Court of Appeals on July 31 instructed a district court to compel arbitration in a suit involving a bank's overdraft fees, finding that the unconscionable cost-and-fee shifting provision was severable from the arbitration agreement (In Re: Checking Account Overdraft Litigation, Doris Powell-Perry, et al. v. Branch Banking and Trust Company, No. 11-14319, 11th Cir.; 2012 U.S. App. LEXIS 15781).
BOSTON - A Massachusetts federal judge dismissed putative class claims against car rental company Zipcar on July 31, saying that the company's high late fees are imposed for a reasonable business purpose (Naomi Reed, et al. v. Zipcar Inc., No. 11-11340-NMG, D. Mass.; 2012 U.S. Dist. LEXIS 106371).
DES MOINES, Iowa - The Iowa Supreme Court on July 27 affirmed in part and reversed in part a lower court decision granting judgment in favor of insurance companies in a putative class action brought by a group of chiropractic doctors who allege that they were wrongfully paid lower rates for their services than for equivalent services offered by medical doctors or osteopathic physicians (Steven A. Mueller, et al. v. Wellmark Inc., et al., No. 10-10, Iowa Sup.; 2012 Iowa Sup. LEXIS 83).
SAN FRANCISCO - A July 25 ruling by a California federal magistrate judge that patent plaintiff Apple Inc. is entitled to an adverse inference jury instruction based on Samsung Electronics Co. Ltd.'s deletion of emails was proper, Apple argued July 31 (Apple Inc. v. Samsung Electronics Co. Ltd., no. 11-1846, N.D. Calif.).