LexisNexis® Legal Newsroom
Mealey's Insurance - Panel Rejects Appeal Of Order Confirming Arbitration Award For 1 Of 482 Claims

ST. PAUL, Minn. - The Eighth Circuit U.S. Court of Appeals on July 10 refused to entertain an automotive glass repair company insured's appeal of an order that confirmed an arbitration award for one of 482 partially paid auto glass claims, finding that it lacks jurisdiction to decide whether a lower federal court improperly found that a two-year statute of limitations applied to consolidated auto glass invoice claims (Alpine Glass Inc. v. Country Mutual Insurance Company, et al., No. 14-2578, 8th Cir.; 2015 U.S. App. LEXIS 11904).

Mealey's Litigation Procedure - 2nd Circuit Vacates Rulings In Favor Of Fox Unpaid Interns; Establishes New Test

NEW YORK - The Second Circuit U.S. Court of Appeals on July 2 vacated an order conditionally certifying a nationwide class of unpaid interns working at divisions of Fox Searchlight Pictures Inc. and Fox Entertainment Group Inc. (collectively, Fox) and vacated an order granting partial summary judgment to two of those interns and remanded for reconsideration of the interns' employment status based on a new test focusing on the educational aspects of the internships (Eric Glatt, et al. v. Fox Seachlight Pictures, Inc., et al., Nos. 13-4478 and 13-4481, 2nd Cir.; 2015 U.S. App. LEXIS 11435).

Mealey's Litigation Procedure - Sony Ex-Employees Seek Class Certification In Data Breach Suit

LOS ANGELES - About two weeks after seeing part of their putative class complaint against Sony Pictures Entertainment Inc. dismissed, a group of former Sony employees on June moved for class certification on their remaining claims of negligence, unfair competition and violation of the California Confidentiality of Medical Information Act (CCMIA) (Michael Corona, et al. v. Sony Pictures Entertainment Inc., No. 2:14-cv-09600, C.D. Calif.).

Mealey's Litigation Procedure - Sony Employees' Data Breach Class Action To Proceed; Some Claims Dismissed

LOS ANGELES - A California federal judge on June 15 denied in part a motion by Sony Pictures Entertainment Inc. to dismiss a putative class action by former employees related to a 2014 data breach, finding that the plaintiffs had standing to sue and that they sufficiently alleged negligence and unfair competition claims (Michael Corona, et al. v. Sony Pictures Entertainment Inc., No. 2:14-cv-09600, C.D. Calif.).

Mealey's Antitrust/Unfair Competition - Sony Employees' Data Breach Class Action To Proceed; Some Claims Dismissed

LOS ANGELES - A California federal judge on June 15 denied in part a motion by Sony Pictures Entertainment Inc. to dismiss a putative class action by former employees related to a 2014 data breach, finding that the plaintiffs had standing to sue and that they sufficiently alleged negligence and unfair competition claims (Michael Corona, et al. v. Sony Pictures Entertainment Inc., No. 2:14-cv-09600, C.D. Calif.).

Mealey's IP/Tech - Sony Employees' Data Breach Class Action To Proceed; Some Claims Dismissed

LOS ANGELES - A California federal judge on June 15 denied in part a motion by Sony Pictures Entertainment Inc. to dismiss a putative class action by former employees related to a 2014 data breach, finding that the plaintiffs had standing to sue and that they sufficiently alleged negligence and unfair competition claims (Michael Corona, et al. v. Sony Pictures Entertainment Inc., No. 2:14-cv-09600, C.D. Calif.).

Mealey's Litigation Procedure - State Department Requests Dismissal Of FOIA Suit Over Clinton Emails

WASHINGTON, D.C. - A news and entertainment media operator failed to state a claim upon which relief can be granted, the U.S. Department of State said June 8 in its answer to a complaint by Gawker Media LLC in District of Columbia federal court seeking to compel communications related to Hillary Clinton's use of a personal email account during her tenure as secretary of State under the Freedom of Information Act (FOIA) (Gawker Media LLC, et al. v. Department of State, No. 1:15-cv-00363, D. D.C.).

Mealey's IP/Tech - State Department Requests Dismissal Of FOIA Suit Over Clinton Emails

WASHINGTON, D.C. - A news and entertainment media operator failed to state a claim upon which relief can be granted, the U.S. Department of State said June 8 in its answer to a complaint by Gawker Media LLC in District of Columbia federal court seeking to compel communications related to Hillary Clinton's use of a personal email account during her tenure as secretary of State under the Freedom of Information Act (FOIA) (Gawker Media LLC, et al. v. Department of State, No. 1:15-cv-00363, D. D.C.).

Mealey's IP/Tech - Patent Claims Against Movie Studios Dismissed By Florida Federal Judge

MIAMI - A Florida federal judge on June 1 agreed with two declaratory judgment patent infringement plaintiffs that a defendant's counterclaims of patent infringement fail to demonstrate sufficient intent or knowledge of the patents in suit (Twentieth Century Fox Home Entertainment LLC v. Nissim Corp., No. 14-81349; Paramount Pictures Corp. v. Nissim Corp., No. 14-81350, S.D. Fla.; 2015 U.S. Dist. LEXIS 70467).

Mealey's Litigation Procedure - Restaurant Employees Allege Interference Under ERISA Related To ACA Compliance

NEW YORK - Nationwide restaurant/entertainment chain Dave & Buster's Inc. violated the Employee Retirement Income Security Act by reducing the hours of its work force in 2013 in order to avoid the costs associated with providing health insurance to its full-time employees in compliance with the Patient Protection and Affordable Care Act (ACA), an employee alleges in a class action complaint filed May 8 in federal court in New York (Maria De Lourdes Parra Marin v. Dave & Buster's, Inc., et al., No. 15 CV 3608, S.D. N.Y.).

Mealey's Health Law - Restaurant Employees Allege Interference Under ERISA Related To ACA Compliance

NEW YORK - Nationwide restaurant/entertainment chain Dave & Buster's Inc. violated the Employee Retirement Income Security Act by reducing the hours of its work force in 2013 in order to avoid the costs associated with providing health insurance to its full-time employees in compliance with the Patient Protection and Affordable Care Act (ACA), an employee alleges in a class action complaint filed May 8 in federal court in New York (Maria De Lourdes Parra Marin v. Dave & Buster's, Inc., et al., No. 15 CV 3608, S.D. N.Y.).

Mealey's Labor & Employment - Restaurant Employees Allege Interference Under ERISA Related To ACA Compliance

NEW YORK - Nationwide restaurant/entertainment chain Dave & Buster's Inc. violated the Employee Retirement Income Security Act by reducing the hours of its work force in 2013 in order to avoid the costs associated with providing health insurance to its full-time employees in compliance with the Patient Protection and Affordable Care Act (ACA), an employee alleges in a class action complaint filed May 8 in federal court in New York (Maria De Lourdes Parra Marin v. Dave & Buster's, Inc., et al., No. 15 CV 3608, S.D. N.Y.).

Mealey's Litigation Procedure - Ex-Employees' Suit Over Sony Data Breach Referred To Mediation

LOS ANGELES - In response to a joint motion by the parties in a consolidated class action brought by former employees of Sony Pictures Entertainment Inc. related to the company's recent data breach, a California federal judge on April 28 submitted the matter to private mediation (Michael Corona, et al. v. Sony Pictures Entertainment Inc., No. 2:14-cv-09600, C.D. Calif.).

Mealey's IP/Tech - Federal Circuit Reverses Enhanced Damages, Fee Award In Patent Case

WASHINGTON, D.C. - A Louisiana federal judge's decision to treble a jury's damage award in a patent case was vacated April 29 by the Federal Circuit U.S. Court of Appeals in light of the panel's rejection of the jury's determination of willful infringement (Innovention Toys LLC v. MGA Entertainment Inc. et al., No. 14-1731, Fed. Cir.).

Mealey's IP/Tech - $10 Million Sought By Author In California Copyright Case

LOS ANGELES - Lions Gate Entertainment Inc., the movie studio behind the hit horror film "Cabin in the Woods," was accused of copyright infringement on April 13 in California federal court (Peter Gallagher v. Lions Gate Entertainment Inc. et al., No. 15-2739, C.D. Calif.).

Mealey's IP/Tech - 6th Circuit: No Jurisdiction Over Trademark Appeal

CINCINNATI - An Ohio federal judge must resolve a pending motion for findings of fact and conclusions of law pursuant to Federal Rule of Civil Procedure 52 before a trademark infringement plaintiff may appeal an adverse jury verdict, the Sixth Circuit U.S. Court of Appeals said April 6 (Slep-Tone Entertainment Corp. v. Karaoke Kandy Store Inc., et al., No. 13-4105, 6th Cir.; 2015 U.S. App. LEXIS 5473).

Mealey's IP/Tech - 11th Circuit Remands, Says 'Bushwacker' Mark Should Be Canceled

ATLANTA - A Florida federal judge properly found that plaintiff Sandshaker Lounge and Package Store LLC had no protectable rights in the "bushwacker" trademark because it is "a generic term for a chocolaty frozen drink containing rum and coffee liqueur," the 11th Circuit U.S. Court of Appeals ruled March 19 (Sandshaker Lounge and Package Store LLC v. Quietwater Entertainment Inc., No. 14-14481, 11th Cir.; 2015 U.S. App. LEXIS 4419).

Mealey's Insurance - 11th Circuit: Insurer Was Not Entitled To Reform Policy Based On Mutual Mistake

ATLANTA - Finding that a commercial general liability insurer failed to demonstrate the existence of a mutual mistake, the 11th Circuit U.S. Court of Appeals on Feb. 13 affirmed a lower federal court's refusal to reform the policy to include "restaurant and bars" and "assault and battery sublimit" endorsements (Essex Insurance Co. v. Tina Marie Entertainment LLC, d/b/a Scene Premium Night Club, No. 14-11861, 11th Cir.; 2015 U.S. App. LEXIS 2277).

Mealey's Litigation Procedure - Sony Seeks Dismissal Of Ex-Employees' Suits Over Data Breach

LOS ANGELES - Sony Pictures Entertainment Inc. on Feb. 9 filed motions to dismiss seven putative class actions brought against it in California federal court by former employees asserting negligence by the entertainment giant related to a recent breach of its computer network that compromised the employees' personal identifying information (PII) (Michael Corona, et al. v. Sony Pictures Entertainment Inc., No. 2:14-cv-09600, C.D. Calif.).

Mealey's IP/Tech - Sony Seeks Dismissal Of Ex-Employees' Suits Over Data Breach

LOS ANGELES - Sony Pictures Entertainment Inc. on Feb. 9 filed motions to dismiss seven putative class actions brought against it in California federal court by former employees asserting negligence by the entertainment giant related to a recent breach of its computer network that compromised the employees' personal identifying information (PII) (Michael Corona, et al. v. Sony Pictures Entertainment Inc., No. 2:14-cv-09600, C.D. Calif.).

Mealey's Labor & Employment - 6th Circuit: Meal Periods During Which Guards Are On Call Are Not Compensable

CINCINNATI - Meal periods during which casino security guards remain on site and monitor their radios in case of an emergency are not compensable, the Sixth Circuit U.S. Court of Appeals ruled Jan. 7 (Angelia Ruffin, et al. v. MotorCity Casino, d/b/a Detroit Entertainment, L.L.C., No. 14-1444, 6th Cir.; 2015 U.S. App. LEXIS 236).

Mealey's Litigation Procedure - Former Employees File Class Action Over Sony Data Breach

LOS ANGELES - Two former employees filed a putative class complaint against Sony Pictures Entertainment Inc. in California federal court Dec. 15, asserting that the entertainment giant was negligent in its cyber security, which led to the recent breach of Sony's computer network and the compromising of the personal identifying information (PII) of thousands of past and present employees (Michael Corona, et al. v. Sony Pictures Entertainment Inc., No. 2:14-cv-09600, C.D. Calif.).

Mealey's IP/Tech - Former Employees File Class Action Over Sony Data Breach

LOS ANGELES - Two former employees filed a putative class complaint against Sony Pictures Entertainment Inc. in California federal court Dec. 15, asserting that the entertainment giant was negligent in its cyber security, which led to the recent breach of Sony's computer network and the compromising of the personal identifying information (PII) of thousands of past and present employees (Michael Corona, et al. v. Sony Pictures Entertainment Inc., No. 2:14-cv-09600, C.D. Calif.).

Mealey's Labor & Employment - Adult Nightclub Owner Ordered To Pay Dancers $10.87M In Damages

NEW YORK - A New York federal judge on Nov. 14, ruling on pretrial motions, ordered the employers of adult entertainers to pay more than $10.8 million in damages for various violations of federal and state wage laws (Sabrina Hart, et al. v. Rick's Cabaret International, Inc., et al., No. 09-3043, S.D. N.Y.; 2014 U.S. Dist. LEXIS 160264).

Mealey's Litigation Procedure - Adult Nightclub Owner Ordered To Pay Dancers $10.87M In Damages

NEW YORK - A New York federal judge on Nov. 14, ruling on pretrial motions, ordered the employers of adult entertainers to pay more than $10.8 million in damages for various violations of federal and state wage laws (Sabrina Hart, et al. v. Rick's Cabaret International, Inc., et al., No. 09-3043, S.D. N.Y.; 2014 U.S. Dist. LEXIS 160264).