LexisNexis® Legal Newsroom
    Mealey's Data Privacy - 3rd Circuit Affirms Dismissal Of Ex-Employee's Laptop Data Theft Suit Against Coke

    PHILADELPHIA - Because an ex-employee of The Coca-Cola Co. (Coke) failed to establish a causal connection between credit card fraud and the theft of company-owned laptops containing employees' personally identifiable information (PII), a Third Circuit U.S. Court of Appeals panel on June 20 affirmed the dismissal of his putative breach of contract and negligence class claims against the soft drink manufacturer (Shane K. Enslin v. The Coca-Cola Co., et al., Nos. 17-3153 and 17-3256, 3rd Cir., 2018 U.S. App. LEXIS 16613).

    Mealey's Franchise - Collective Of Delivery Food Drivers Decertified In Misclassification Action

    TAMPA, Fla. - A Florida federal judge on June 20 decertified a collective of food delivery drivers who allege that they were misclassified and denied minimum and overtime wages, ruling that the drivers failed to show that they are similarly situated (David Roberson, et al. v. Restaurant Delivery Developers, LLC, et al., No. 17-769, M.D. Fla., 2018 U.S. Dist. LEXIS 103044).

    Mealey's Antitrust/Unfair Competition - Borrower Failed To Show Lenders Violated UCL; 9th Circuit Affirms Dismissal

    SANTA ANA, Calif. - The Ninth Circuit U.S. Court of Appeals on June 19 affirmed a district court's dismissal of a borrower's claims for violation of California's unfair competition law (UCL) and the California Homeowners Bill of Rights (HBOR), holding that she failed to allege that the practices of lenders were unfair or unlawful and that she challenged a foreclosure that had not yet occurred (Diane Weinsheimer v. Mortgage Electronic Registration Systems Inc., et al., No. 16-56725, 9th Cir., 2018 U.S. App. LEXIS 16511).

    Mealey's Labor & Employment - Disability Claimant Owed Own-Occupation Benefits; Attorney Fee Award Remanded

    SAN FRANCSICO - The Ninth Circuit U.S. Court of Appeals on June 21 affirmed a district court's award of own-occupation long-term disability (LTD) benefits in favor of a disability claimant but vacated and remanded the lower court's award of attorney fees in favor of the claimant for recalculation (Dave Nagy v. Group Long Term Disability Plan for Employees of Oracle America Inc., et al., Nos. 16-16160, 17-15491, 9th Cir., 2018 U.S. App. LEXIS 16883).

    Mealey's Labor & Employment - Pier 1 Will Pay $750,000 To Settle Class Complaint Over Missed Rest Breaks

    SANTA ANA, Calif. - A California federal judge on June 19 granted final approval of a nonreversionary $750,000 class settlement that will be paid by Pier 1 Imports U.S. Inc. to end a complaint alleging that workers of the home furnishings and accessories chain were denied rest breaks (Jennifer Pedraza v. Pier 1 Imports U.S. Inc., et al., No. 16-1447, C.D. Calif., 2018 U.S. Dist. LEXIS 103490).

    Mealey's Litigation Procedure - 3rd Circuit Affirms Dismissal Of Ex-Employee's Laptop Data Theft Suit Against Coke

    PHILADELPHIA - Because an ex-employee of The Coca-Cola Co. (Coke) failed to establish a causal connection between credit card fraud and the theft of company-owned laptops containing employees' personally identifiable information (PII), a Third Circuit U.S. Court of Appeals panel on June 20 affirmed the dismissal of his putative breach of contract and negligence class claims against the soft drink manufacturer (Shane K. Enslin v. The Coca-Cola Co., et al., Nos. 17-3153 and 17-3256, 3rd Cir., 2018 U.S. App. LEXIS 16613).

    Mealey's Litigation Procedure - Plaintiffs' Counsel Loses Bid To Stay Asbestos-Talc Agreement Discovery Order

    NEWARK, N.J. - A federal judge on June 20 declined to stay discovery into a plaintiff law firm's referral deal in a New Jersey federal court case alleging that BASF Catalysts LLC and its law firm conspired to destroy evidence of asbestos contamination in talc (Kimberlee Williams, et al. v. BASF Catalysts LLC., et al., No. 11-1754, D. N.J.).

    Mealey's Trade Secret - Tesla Claims Former Employee Wrote Code To Steal Company's Trade Secrets

    LAS VEGAS - A former employee of Tesla Inc. wrote computer code that allowed him to hack into the company's computer system and steal confidential and trade secret information in violation of state and federal trade secret misappropriation laws, Tesla alleges in a June 20 complaint filed in Nevada federal court (Tesla Inc. v. Martin Tripp, No. 18-1088, D. Nev.).

    Mealey's Trade Secret - Analytics Company Sues Former Business Partner For Alleged Trade Secret Theft

    SAN FRANCISCO - A data analytics company and its subsidiaries sued its former business partner and its subsidiaries in California federal court on June 19, alleging that the business partner stole the company's trade secrets during a joint venture between the companies and used the information to develop its own competing software (Teradata Corp., et al. v. SAP SE, et al., No. 18-3670, N.D. Calif.).

    Mealey's Trade Secret - Split Ohio Panel Upholds Most Of Trade Secrets Jury Verdict, Damages Award

    AKRON, Ohio - In affirming in part and denying in part a state court's judgment in a trade secret misappropriation lawsuit, a divided Ohio appellate panel on June 20 overruled seven assignments of error brought by a defendant, determining that the trial court did not err in denying the defendant's post-trial motions for directed verdict or judgment notwithstanding the verdict on a lighting sales agency's claims against the defendant for tortious interference, trade secret misappropriation and civil conspiracy (Phoenix Lighting Group LLC, et al. v. Genlyte Thomas Group LLC, No. 28082, Ohio App., 9th Dist., 2018 Ohio App. LEXIS 2588).

    Mealey's Native American Law - Court Cannot Declare Tribe Is Federally Recognized, Judge Rules

    TACOMA, Wash. - While a Washington Indian tribal group cannot be granted federal recognition by a court, it can challenge the government's decision to not allow Native American tribes that have been denied recognition to re-petition for the coveted status, a judge in the U.S. District Court for the Western District of Washington held June 20 (Chinook Indian Nation, et al. v. Ryan K. Zinke, et al., No. 17-5668, W.D. Wash., 2018 U.S. Dist. LEXIS 103273).

    Mealey's Fracking - Tribe: Trump Administration's Fracking Permit Decision Is 'Unlawful'

    WASHINGTON, D.C. - The Mandan Hidatsa and Arikara (MHA) Nation on June 20 filed a lawsuit in District of Columbia federal court against the U.S. Department of the Interior (DOI) and Secretary of the Interior Ryan Zinke seeking declaratory relief from the "unlawful decision" by the DOI that invalidated a stay issued by another federal agency with regard to hydraulic fracturing permits (Mandan Hidatsa and Arikara Nation v. The United States Department of the Interior, et al., No. 18-1462, D. D.C.).

    Mealey's Elder Law - Indiana High Court Says Compromise Chapter Cannot Enforce Pre-Mortem Agreement

    INDIANAPOLIS - A 4-1 Indiana Supreme Court on June 19 reversed an appeals court's ruling that a woman could use the state's compromise chapter to enforce an agreement she and her brother entered into before her father's death, holding that the Legislature intended the chapter to apply to agreements entered into after someone's death (David Kent v. Cynthia Kerr, No. 55S01-1712-ES-00747, Ind. Sup., 2018 Ind. LEXIS 449).

    Mealey's Data Privacy - Supreme Court: Probable Cause Required For Cell Location Records Search

    WASHINGTON, D.C. - A divided U.S. Supreme Court on June 22 found that the government's search of a suspect's cell site location information (CSLI) records qualified as a search under the Fourth Amendment to the U.S. Constitution, thus requiring a showing of probable cause before search of such records in which it found that a user has a reasonable expectation of privacy (Timothy Ivory Carpenter v. United States, No. 16-402, U.S. Sup., 2018 U.S. LEXIS 3844).

    Mealey's Antitrust/Unfair Competition - Judge Remands UCL, FCRA Claims Against Modeling Event Companies

    SAN JOSE, Calif. - A California federal judge on June 19 held that a woman who alleged that an employer's background check violated her rights and affected her credit report lacked standing to sue for violations of the Fair Credit Reporting Act (FCRA), California's unfair competition law (UCL) and other claims, but remanded the case to a state court for potential amendment of her causes of action (Sigrid Williams v. Nichols Demos Inc., et al., No. 5:17-cv-07101, N.D. Calif., 2018 U.S. Dist. LEXIS 103502).

    Mealey's Toxic Tort/Environmental - Judge Finds Waiver Can't Keep Asbestos Case Out Of Federal Court

    BENTON, Ill. - A circular waiver of asbestos claims appears to exclude only those the plaintiff believes would result in federal officer removal because otherwise it would appear to leave her with no case, a federal judge in Illinois held June 19 (Janice Reinbold, et al. v. Advanced Auto Parts Inc., et al., No. 18-605, S.D. Ill., 2018 U.S. Dist. LEXIS 102399).

    Mealey's IP/Tech - Washington Federal Judge Says Patents Claim Ineligible Subject Matter

    SEATTLE - A defendant won dismissal of patent infringement allegations on June 19 when a Washington federal judge agreed that two claimed inventions of pausing in the middle of copying information without deleting progress and providing customized service to customers at a central site cover abstract ideas (Uniloc USA Inc. v. Big Fish Games Inc., No. 17-1183, W.D. Wash., 2018 U.S. Dist. LEXIS 102445).

    Mealey's Banking & Finance - Judge Relies On Decision Holding Nevada Housing Law Is Unconstitutional

    RENO, Nev. - After relying on a ruling by the Ninth Circuit U.S. Court of Appeals that held that a Nevada housing statute related to homeowners association foreclosures is unconstitutional, a Nevada federal judge on June 19 granted summary judgment for a bank that held a note before the foreclosure of a property (U.S. Bank, N.A. v. Renovista Ridge Master Property Owners Association, et al., No. 3:17-cv-00283, D. Nev., 2018 U.S. Dist. LEXIS 102500).

    Mealey's Labor & Employment - 10th Circuit: No Bias In Firing Where Worker Can't Perform Essential Job Function

    DENVER - A Wal-Mart Stores Inc. worker who was fired after requesting that she not be required to clean the men's restrooms failed to establish a prima facie case of disability discrimination despite being exempted from that task for several years because cleaning restrooms was an essential function of her job, a 10th Circuit U.S. Court of Appeals panel ruled June 20 (Simone Mielnicki v. Wal-Mart Stores, Inc., No. 17-1396, 10th Cir., 2018 U.S. App. LEXIS 16594).

    Mealey's Labor & Employment - Receptionist Failed To Show Unanswered Extended Lunch Request Was Disability Bias

    CINCINNATI - A receptionist who requested a longer lunch period to allow her more time to exercise and then quit while her request, supported by a note from her doctor, was being considered failed to show disability bias, retaliation or constructive discharge, a Sixth Circuit U.S. Court of Appeals panel ruled June 21 (Shannan McDonald v. UAW-GM Center for Human Resources, No. 17-1875, 6th Cir., 2018 U.S. App. LEXIS 16752).

    Mealey's Insurance - Insurer Sues Reinsurer For Breach Of Contract Over Asbestos Claims

    DETROIT - An insurer filed a complaint on June 21 in a Michigan federal court alleging breach of a facultative reinsurance agreement for a reinsurer's failure to indemnify it for certain loss and loss related expenses incurred in connection with asbestos claims brought against an insured (Amerisure Mutual Insurance Co. v. Transatlantic Reinsurance Co., No. 18-11966, E.D. Mich.).

    Mealey's Insurance - Majority: No Coverage Owed For Wrongful Death Suit Stemming From Obstacle Race

    FRANKFORT, Ky. - A majority of the Kentucky Court of Appeals on June 22 affirmed a lower court's ruling that a commercial general liability insurer has no duty to defend against an underlying lawsuit arising from the death of a participant in an obstacle race that was organized and presented by its insured (Chris Johnson, doing business as Extreme Rampage, et al. v. Capitol Specialty Insurance, No. 2017-CA-000171-MR, Ky. App., 2018 Ky. App. Unpub. LEXIS 447).

    Mealey's Insurance - 'Damage To Your Work' Exclusion Does Not Relieve Insurer's Duty, Judge Says

    SEATTLE - A commercial general liability insurer has a duty to defend insureds in a construction defects lawsuit, a Washington federal judge ruled June 21, finding that the "damage to your work" exclusion does not apply (The Cincinnati Specialty Underwriters Insurance Co. v. Milionis Construction Inc., et al., No. 17-00341, E.D. Wash., 2018 U.S. Dist. LEXIS 104182).

    Mealey's Labor & Employment - Collective Of Delivery Food Drivers Decertified In Misclassification Action

    TAMPA, Fla. - A Florida federal judge on June 20 decertified a collective of food delivery drivers who allege that they were misclassified and denied minimum and overtime wages, ruling that the drivers failed to show that they are similarly situated (David Roberson, et al. v. Restaurant Delivery Developers, LLC, et al., No. 17-769, M.D. Fla., 2018 U.S. Dist. LEXIS 103044).

    Mealey's Insurance - Disability Claimant Owed Own-Occupation Benefits; Attorney Fee Award Remanded

    SAN FRANCSICO - The Ninth Circuit U.S. Court of Appeals on June 21 affirmed a district court's award of own-occupation long-term disability (LTD) benefits in favor of a disability claimant but vacated and remanded the lower court's award of attorney fees in favor of the claimant for recalculation (Dave Nagy v. Group Long Term Disability Plan for Employees of Oracle America Inc., et al., Nos. 16-16160, 17-15491, 9th Cir., 2018 U.S. App. LEXIS 16883).