Class Opposed To Merger Of American, US Airways Appeals, Says Evidence Not Considered

NEW YORK - The class plaintiffs who opposed the merger of bankrupt American Airlines Inc. and US Airways Group Inc. by filing an adversary complaint in the bankruptcy of American Airlines' parent company, AMR Corp., on Dec. 19 filed a designation of appeal contending that evidence presented in the...

8th Circuit Upholds Dismissal Of Clerk's Class Action Suit Over Recording Fees

ST. LOUIS - An Arkansas federal judge's decision to dismiss a class action suit brought by a city clerk against Mortgage Electronic Registration Systems Inc. (MERS) and a number of banks was affirmed Dec. 31 by a panel of the Eighth Circuit U.S. Court of Appeals after the panel found that the judge...

Federal Judge Denies Reconsideration Of Fees Suit Against Wells Fargo

MINNEAPOLIS - A federal judge in Minnesota on Dec. 30 denied Wells Fargo & Co.'s motion to reconsider an order granting summary judgment to a consumer who alleged that the bank violated the Electronic Funds Transfer Act (EFTA) by failing to provide proper ATM fee notices, finding that the pre...

Judge Says CVS Shareholders Properly Pleaded Material Misrepresentation, Scienter

PROVIDENCE, R.I. - Dismissal of a shareholder class action lawsuit challenging the merger that brought CVS Caremark Corp. together is not warranted because the shareholders have properly pleaded a material misrepresentation and scienter in making their federal securities law claims, a federal judge in...

Magistrate Dismisses Discovery Objection In Loan Dispute

BANGOR, Maine - A federal magistrate judge in Maine on Jan. 7 terminated a discovery objection filed by the defendant in a suit arising from an $18 million loan, finding that an issue regarding business records cannot be resolved at this stage in the litigation (Bankers' Bank Northeast v. Everett...

Judge Dismisses Man's Class Action Suit Over Reverse Mortgages

SAN FRANCISCO - A federal judge in California on Jan. 3 dismissed with prejudice a man's class action lawsuit against Wells Fargo Bank N.A. and the Federal National Mortgage Association (Fannie Mae), after finding that the deed to a reverse mortgage his mother obtained before her death did not require...

Judge Rejects 'Natural' Class; Finds No Evidence Ben & Jerry's Set Higher Prices

SAN FRANCISCO - A woman's claim that she paid more for ice cream labeled "natural" sufficiently alleges an injury, but her inability to submit evidence suggesting that a wholesaler like Ben & Jerry's Homemade Inc. was actually able to impose higher prices given market variations...

Judge Certifies Class In Securities Suit Against Gas And Oil Company

SANTA ANA, Calif. - A federal judge in California on Jan. 6 certified a class of investors in a securities class action lawsuit against a natural gas and oil company alleged to have issued misrepresentations in proxy statements used as part of a series of mergers in violation of federal securities laws...

9th Circuit Reverses Loan Servicing Suit Against Stearns Bank

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Jan. 8 reversed a federal jury's finding that Stearns Bank N.A., as the servicer of a failed bank's loan, breached its contract, ruling that an incorrect jury instruction "likely caused the jury to assign liability to Stearns for...

Capital One Settles Auto Loan Dispute For $3 Million

BALTIMORE - Capital One Bank N.A. has agreed to pay more than $3 million to settle a class action alleging that it engaged in phony debt-cancellation agreements included in car loans, according to documents the bank and a plaintiff filed Jan. 10 in a Maryland federal court (Philip Decohen v. Capital...

U.S. High Court: State's Lawsuit On Behalf Of Citizens Is Not Mass Action

WASHINGTON, D.C. - A state's lawsuit seeking restitution for itself and its citizens, in which it is the only named plaintiff, does not qualify as a mass action under the Class Action Fairness Act (CAFA), the U.S. Supreme Court ruled unanimously on Jan. 14 (State of Mississippi, ex rel. Jim Hood...

Major League Baseball Pitcher Curt Schilling: Privilege Not Waived In Bankruptcy

WILMINGTON, Del. - Former Major League Baseball (MLB) pitcher Curt Schilling and his business partners in bankrupt video game company 38 Studios LLC on Jan. 15 filed a brief in the U.S. Bankruptcy Court for the District of Delaware objecting to the trustee's motion seeking approval to waive attorney...

9th Circuit Upholds Dismissal Of Credit Card Fees Suit

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Jan. 21 affirmed a federal court's dismissal of a putative class action brought by credit cardholders alleging that banks violated the U.S. Constitution via their over-limit and late fees, finding that the substantive due process jurisprudence...

Judge: Trustee In 38 Studios Bankruptcy Entitled To Limited Waiver Of Privilege

WILMINGTON, Del. - The federal bankruptcy judge presiding over the Chapter 7 bankruptcy of 38 Studios, the video game manufacturer operated by former Major League Baseball (MLB) pitcher Curt Schilling and some business partners, on Jan. 23 granted a limited waiver of attorney-client and work product...