ST. LOUIS - A Missouri appeals panel on July 10 reversed summary judgment in favor of a contractor and its insurer against a subcontractor's insurer regarding an underlying judgment because the finding did not delineate between the amount of damages to the subcontractor's work and the amount of damages to other parts of the property (Assurance Company of America and DHP Systems Inc. v. Secura Insurance Co. and Missouri Valley Glass, No. ED96627, Mo. App., Eastern Dist., Div. 2; 2012 Mo. App. LEXIS 883).
DALLAS - A federal judge in Texas on July 11 granted summary judgment in favor of a bank alleged to have violated the Electronic Fund Transfer Act (EFTA) by not posting an ATM fee notice because the photographs of the ATM without a notice submitted by the plaintiff are undated and do not describe the location or identity of the operator of the ATM ((Frank Bonarrigo v. Prosperity Bank, No. 11-03555, N.D. Texas; 2012 U.S. Dist. LEXIS 96653).
WASHINGTON, D.C. - A federal judge in Washington on July 11 partially dismissed a consumer's class action lawsuit against a debt collector and one of its managing partners for lack of proper venue but transferred the case to another federal district court where the venue would be proper (Juliette Murdoch v. Rosenberg & Associates LLC, et al., No. 12-36, D. D.C.; 2012 U.S. Dist. LEXIS 95580).
ST. LOUIS - An Eighth Circuit U.S. Court of Appeals panel on July 12 upheld the dismissal of a Minnesota couple's lawsuit against Mortgage Electronic Registration Systems Inc. (MERS) and Aurora Loan Services Inc. after agreeing with a federal judge that the plaintiffs failed to state a claim upon which relief could be granted (Gary Cox, et al. v. Mortgage Electronic Systems Inc., et al., No. 11-2646, 8th Cir.; 2012 U.S. App. LEXIS 14245).
CHICAGO - An ERISA-governed disability insurer that terminated benefits to a claimant with chronic back problems acted reasonably, the Seventh Circuit U.S. Court of Appeals ruled July 10 (Susan Marantz v. Permanente Medical Group Inc., et al., No. 10-1136, 7th Cir.; 2012 U.S. App. LEXIS 14004).
DENVER - Insureds have failed to establish that a stay of an advertising injury coverage lawsuit pending the 10th Circuit U.S. Court of Appeals' resolution of their mandamus petition is appropriate, a Colorado federal judge ruled July 12, denying the motion (Dish Network Corporation, et al. v. Arch Specialty Insurance Company, et al., No. 09-cv-00447-JLK, D. Colo.; 2012 U.S. Dist. LEXIS 96416).
ATLANTA - The 11th Circuit U.S. Court of Appeals on July 12 rejected a cruise line worker's arguments that an arbitration clause in his employment contract was invalid as against public policy, affirming a Florida federal court's decision to compel arbitration of his injury-related claims against a cruise line (Kenneth Fernandes v. Carnival Corporation, d.b.a. Carnival Cruise Lines, No. 09-15675, 11th Cir.; 2012 U.S. App. LEXIS 14270).
HARTFORD, Conn. - Although a copyright infringement defendant demonstrated irreparable injury, a Connecticut federal judge on July 11 refused to enjoin the U.S. Customs and Border Protection's (CBP) seizure of its allegedly infringing products (Lego A/S v. Best-Lock Construction Toys Inc., 11-1586, D. Conn.).
MIAMI - A Florida federal judge on July 10 denied summary judgment to both parties in a dispute over their respective professional names of Spyder Harrison and Spider Harrison, finding that issues of material fact exist on trademark infringement, unfair competition and cyberpiracy claims (Richard Shottland v. Bernard Harrison, No. 1:11-cv-20140, S.D. Fla.; 2012 U.S. Dist. LEXIS 94876).
MIAMI - Bank of the West has become the latest bank to settle claims in a multidistrict litigation in which plaintiffs allege that it manipulated customers' debit card transactions in order to charge overdraft fees, agreeing to pay $18 million to exit the suit, according to a document the plaintiffs filed July 11 in a federal court in Florida (In Re: Checking Account Overdraft Litigation, No. 09-md-2036, S.D. Fla.).
Review a complimentary copy of the motion for preliminary approval of the class settlement in the attached PDF.
BOSTON - An insurer has a duty to defend its insured against underlying environmental contamination claims because the alleged polluting activities support a reasonable inference that property damage was discoverable during the applicable policy period, the First Circuit U.S. Court of Appeals said July 11 (Travelers Casualty and Surety Co. v. Providence Washington Insurance Co. Inc., No. 11-2193, 1st Cir.; 2012 U.S. App. LEXIS 14203).
NEW YORK - The federal bankruptcy judge in New York presiding over the Chapter 11 bankruptcy of AMR Corp., the parent company of American Airlines, on July 11 issued an order lifting the automatic stay to allow Wells Fargo Bank Northwest National Association to enforce its rights under lease agreements related to American's practice of selling planes to the lender and then leasing them back (In Re: AMR Corporation, No. 11-15463, Chapter 11, S.D. N.Y. Bkcy.). Subscribers may view the order available within the full article.
ATLANTA - The Georgia Court of Appeals on July 11upheld summary judgment for a truck stop named as the defendant in a slip-and-fall injury case, ruling that the trial court correctly concluded that the record lacks evidence of the defendant's superior knowledge of the hazard causing the plaintiff's fall (Kenneth Courter v. Pilot Travel Centers LLC, No. A12A0628, Ga. App.; 2012 Ga. App. LEXIS 648).
WEST PALM BEACH, Fla. - The Fourth District Florida Court of Appeal on July 11 overturned summary judgment for a retailer named as the defendant in a trip-and-fall injury action, ruling that questions remained regarding whether the defendant negligently failed to keep its premises reasonably safe (Julissa DeLeon v. Dollar Tree Stores Inc., No. 4D11-2425, Fla. App., 4th Dist.; 2012 Fla. App. LEXIS 11286).
HOUSTON - The U.S. District Court for the Southern District of Texas judge presiding over the hexavalent chromium exposure personal injury lawsuit against Iraq war contractors on July 9 issued an order granting as a matter of law the defense motion to dismiss the single business enterprise claim; in a related order issued July 10, the judge granted the defendants summary judgment on the alter-ego and joint ventures claims (Mark McManaway, et al v. KBR Inc., et al., No. 10-1044, S.D. Texas). Subscribers may view the summary judgment order available within the full article.
SAN FRANCISCO - Plaintiffs who sued a website owner for purchases made through a third party lack constitutional or statutory standing and the required reliance required by the California unfair competition law (UCL), a federal judge held June 9 (Sharon Gentes, et al. v. Trend Micro Inc., et al., No. 11-5574, N.D. Calif.). Subscribers may view the opinion available within the full article.
CHICAGO - A former employee of bankrupt Peregrine Financial Group Inc. on July 11 filed a putative class action on behalf of himself and others in the U.S. District Court for the Northern District of Illinois, seeking damages for alleged violations of federal employment law (Ronald Kotulak v. Peregrine Financial Group Inc., No. 12-05447, N.D. Ill.). Subscribers may view the complaint available within the full article.
RICHMOND, Va. - A split panel of the Fourth Circuit U.S. Court of Appeals on July 11 ruled that a bankruptcy court properly denied a debtor's Chapter 13 plan because her calculation of her size of household did not follow the proper approach; namely, she should have claimed only three of her five children as members of her household (Tanya Rene Johnson v. William H. Zimmer, No. 11-2034, Chapter 13, 4th Cir.; 2012 U.S. App. LEXIS 14153).
ST. LOUIS - A Missouri appeals panel on July 10 found that there are genuine issues of material fact regarding whether insurance brokers fully performed their duties under a contract with a boxing promoter, reversing and remanding a lower court's ruling in a lawsuit arising from a dispute over coverage for a boxer's injuries (Gateway Hotel Holdings Inc., et al. v. Chapman-Sander, Inc., et al., No. ED97066, Mo. App., Eastern Dist., Div. 3; 2012 Mo. App. LEXIS 887).
FORT WAYNE, Ind. - A broadcasting company plausibly alleged that a competitor entered into collusive agreements to aggregate exclusive network affiliations and engaged in denigrating commercial speech and predatory hiring with the purpose and effect of excluding competition in the television local spot advertising market in Fort Wayne, in violation of federal and state antitrust laws, a federal judge in Indiana ruled July 9 in denying the competitor's motion to dismiss (Nexstar Broadcasting, Inc. v. Granite Broadcasting Corporation, et al., No. 1:11-CV-249, N.D. Ind.; 2012 U.S. Dist. LEXIS 95024).
NEW YORK - Citing the transmit clause holding in Cartoon Network LLP v. CSC Holdings Inc. (536 F.3d 121 (2nd Cir. 2008) (Cablevision), a New York federal judge on July 11 denied preliminary injunctive relief in a dispute over live streaming of copyrighted television programs online (American Broadcasting Companies Inc., et al. v. Aero Inc., No. 12-1540, S.D. N.Y.). Subscribers may view the decision available within the full article.
DENVER - The 10th Circuit U.S. Court of Appeals on July 11 upheld a trial court's rejection of an assistant controller's age discrimination claim, finding that his former employer's legitimate, nondiscriminatory reasons for not promoting him were not pretext for age-based discrimination (David M. Doyle v. The Nordam Group, Inc., et al., No. 11-5004, 10th Cir.; 2012 U.S. App. LEXIS 14141).
ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on July 11 affirmed the dismissal of a suit arising from JP Morgan Chase Bank's (Chase) assumption of a loan from the failed Washington Mutual Bank (WaMu), finding that amendment of the plaintiffs' Real Estate Settlement Practices Act (RESPA) claim would be futile and that their non-RESPA claims are barred by res judicata (Christopher Hintz, et al. v. JPMorgan Chase Bank, et al., No. 11-1560, 8th Cir.; 2012 U.S. App. LEXIS 14121).
CHICAGO - A municipality did not violate a smoke shop's due process rights in denying it a business license because the owner knew what was required to maintain licensing but failed to comply, an Illinois federal judge said July 9 (Asma Saad and Tobacco House Inc., d/b/a Belicoso Cigar Lounge v. Village of Orland Park, No. 11-cv-7419, N.D. Ill., Eastern Div.; 2012 U.S. Dist. LEXIS 94093).
CHARLESTON, S.C. - A commercial general liability insurance policy and an umbrella policy do not provide coverage for damages to a building caused by alleged design and construction defects or for loss of use of the machines or loss of profits, a South Carolina federal judge held July 9, granting in part summary judgment to the insurer (Penn National Security Insurance Co. v. Design-Build Corp., et al., No. 11-02043, D. S.C.; 2012 U.S. Dist. LEXIS 94012).