WATERLOO, Iowa - Russell R. Wasendorf Jr., the son of former Peregrine Financial Group CEO Russell R. Wasendorf Sr., on Sept. 19 sued U.S. Bank in an Iowa state court, alleging that it committed fraud by not fulfilling its fiduciary duty to inform Peregrine that it was comingling customer funds with other money used for running the company (Russell R. Wasendorf Jr. v. U.S. Bank, No. LACV119935, Iowa Dist., Black Hawk Co.). Subscribers may view the complaint available within the full article.
TUSCALOOSA, Ala. - An Alabama federal judge on Sept. 19 decertified a collective action brought by Dollar Tree Stores Inc. managers who allege that they were wrongfully classified as exempt and claim that they are owed overtime wages (Susie Knott, et al. v. Dollar Tree Stores, Inc., No. 06-1553, Chelsie Richardson, et al. v. Dollar Tree Stores, Inc., No. 08-693, N.D. Ala.; 2012 U.S. Dist. LEXIS 133963).
WASHINGTON, D.C. - A Delaware federal judge relied on a legally incorrect allocation of the burden of proof in finding that Medtronic Inc. did not infringe two reissue patents relating to a cardiac resynchronization therapy (CRT) device, the Federal Circuit U.S. Court of Appeals ruled Sept. 18 (Medtronic Inc. v. Boston Scientific Corp. and Guidant Corp., No. 11-1313, Fed. Cir.). Subscribers may view the decision available within the full article.
SAN JUAN, Puerto Rico - Humana Health of Puerto Rico Inc., a health insurer, sufficiently alleged that eight physicians violated federal and state antitrust laws by price-fixing, a federal judge in Puerto Rico ruled Sept. 17 in denying the physicians' motion to dismiss (Humana Health of Puerto Rico, Inc. v. Juan L. Vilaro, et al., No. 12-1445, D. Puerto Rico). Subscribers may view the opinion available within the full article.
MINNEAPOLIS - A federal judge in Minnesota on Sept. 19 adopted a magistrate judge's findings that two employees of a defendant company in a breach of contract case knowingly destroyed evidence before a forensic investigation of their computers and ordered the company to pay an additional $125,000 in sanctions to cover the costs incurred by the computer forensic company (Multifeeder Technology Inc. v. British Confectionary Company Limited, et al., No. 09-1090, D. Minn.; 2012 U.S. Dist. LEXIS 132619).
CHICAGO - A federal judge in Illinois on Sept. 19 declined to dismiss a consumer's Fair Credit Reporting Act (FCRA) lawsuit against Chase Bank USA N.A., ruling only that the motion is "taken under advisement pending a hearing" (Kent v. Chase Bank USA N.A., No. 12-1411, N.D. Ill.; 2012 U.S. Dist. LEXIS 133579).
ATLANTA - A Georgia appeals panel on Sept. 19 upheld summary judgment for the defendants in a wrongful death case involving a man who allegedly received substandard cancer treatment, agreeing that the claims brought by his father were barred by the statute of repose (Howard MacFarlan v. Atlanta Gastroenterology Associates Inc., et al., No. A12A1138, Ga. App., 4th Div.; 2012 Ga. App. LEXIS 782).
LOS ANGELES - A California appeals panel on Sept. 17 affirmed summary judgment for a retailer in a premises liability action, determining that there was no evidence that the defendant's negligence caused a woman to fall in its parking lot (Alvino Campos v. Super Center Concepts Inc., No. B234264, Calif. App., 2nd Dist.; 2012 Cal. App. Unpub. LEXIS 6746).
SAN FRANCISCO - Loan documents a couple attached as evidence of fraud in their California unfair competition law (UCL) action lay out the precise terms of the loan they received, a federal judge held Sept. 17 in dismissing the claims (Rosa M Villegas and Gerardo Chavez v. Wells Fargo Bank N.A. and DOES 1-20, inclusive, No. 12-2004, N.D. Calif.; 2012 U.S. Dist. LEXIS 132511).
DENVER - An excess insurance company has no duty to defend its insured against two lawsuits brought by a general contractor seeking indemnification against construction defect claims, a Colorado federal judge found Sept. 19 (First Mercury Insurance Co. v. Stephenson Construction Inc., No. 12-0862, D. Colo.; 2012 U.S. Dist. LEXIS 133771).
SAN FRANCISCO - A man may amend his California unfair competition law (UCL) unlawful-prong action against his lenders who allegedly failed to provide due diligence, but the remainder of his claims lack sufficient particularity, a federal judge held Sept. 17 (John Avila v. Wells Fargo Bank, et al., No. 12-1237, N.D. Calif.; 2012 U.S. Dist. LEXIS 132499).
COLUMBUS, Ohio - The 10th District Ohio Court of Appeals in Franklin County on Sept. 18 affirmed the state's grant of a certificate of need (CON) to a state nursing home company to relocate licensed nursing home beds from Stark County, Ohio, to a new nursing facility in Summit County. The appeals court determined that the CON met the requirements under the state Medicaid statute and protected access to so-called Medicaid-beds in the community (In re: Altercare of Stow Rehabilitation Center, No. 12AP-29, Ohio App., 10th Dist., Franklin Co.; 2012 Ohio App. LEXIS 3728).
DENVER - The Colorado consumer who alleges that he developed the lung disease bronchiolitis obliterans from exposure to diacetyl in microwave popcorn flavoring was awarded $7.2 million Sept. 19 by a U.S. District Court for the District of Colorado jury (Wayne Watson, et uxor v. Dillon Companies Inc., et al., No. 08-91, D. Colo.). View related prior history, 2012 U.S. Dist. LEXIS 123518.
NEW YORK - A man's testimony that he came into contact with a company's joint compound covers the time when the company manufactured only an asbestos-containing version of the product, satisfying the standard for exposure, a New York justice held in an opinion posted Sept. 17 (Edward Sadowski and Alberta Sadowski v. A.O. Smith Water Products, et al., No. 190215/11, N.Y. Sup., New York Co.). Subscribers may view the opinion available within the full article.
SAN FRANCISCO - A California federal magistrate judge on Sept. 18 granted dismissal of unregistered trademark dilution and common-law trademark infringement claims but will allow a pro se plaintiff leave to amend his complaint (Akeem O. Brown v. Shawn David Green et al., No. 12-2113, N.D. Calif.). Subscribers may view the order available within the full article.
BOSTON - A Massachusetts federal judge on Sept. 17 resolved, in part, allegations surrounding a copyrighted approach for treating children with social, emotional and behavioral challenges with a grant of summary judgment (Ross Greene v. J. Stuart Ablon, et al., No. 09-10937, D. Mass.). Subscribers may view the decision available within the full article.
NEW YORK - Bankrupt law firm Dewey & LeBoeuf on Sept. 19 filed a brief in the U.S. Bankruptcy Court for the Southern District of New York arguing that its settlement and release plan for the firm's partners meets federal bankruptcy standards (In Re: Dewey & LeBoeuf, No. 12-12321, Chapter 11, S.D. N.Y. Bkcy.). Subscribers may view the brief available within the full article.
CHICAGO - A federal judge in Illinois on Sept. 17 granted a bank and an ATM owner and operator's motion for summary judgment in a putative class action that alleges that the defendants violated the Electronic Funds Transfer Act's (EFTA) 15 U.S.C.S. § 1601 , ATM fee notice requirements, ruling that the evidence shows that the owner and operator posted a fee notice and that it was not removed by an employee of the owner and operator or bank (Hank Drager v. Bridgeview Bank, No. 10-07585, N.D. Ill.; 2012 U.S. Dist. LEXIS 132584).
ST. LOUIS - An Eighth Circuit U.S. Court of Appeals majority on Sept. 17 affirmed a lower court decision and concluded that under Minnesota law, oral or written publication of material that violates a person's right of privacy covers a Telephone Consumer Protection Act (TCPA) 47 U.S.C.S. § 227, claim regarding the sending of unsolicited fax advertisements (Owners Insurance Company, et al. v. European Auto Works, Inc., doing business as Autopia, et al., 11-3068, 8th Cir.; 2012 U.S. App. LEXIS 19458).
ABERDEEN, Miss. - A country club board president's comments about his mother losing her job because she was too old are enough to defeat the club's bid for summary judgment on the head tennis professional's claim that his firing was due to age discrimination, a Mississippi federal judge held Sept. 18 (Walter Curtis Brown Jr. v. Tupelo Country Club, No. 1:11-cv-19, N.D. Miss.; 2012 U.S. Dist. LEXIS 132755).
WASHINGTON, D.C. - A District of Columbia federal judge on Sept. 14 denied a motion by the Republic of Peru to dismiss a petition to confirm an arbitration award issued by the International Centre for Settlement of Investment Disputes (ICSID) in favor of an energy company, finding that the company stated a claim for which relief could be granted and that the award was not ambiguous (Duke Energy International Peru Investments No. 1 Ltd. v. Republic of Peru, No. 11-1602, D. D.C.; 2012 U.S. Dist. LEXIS 131119).
SAN JOSE, Calif. - A federal judge in California on Sept. 17 granted JP Morgan Chase Bank NA's motion to dismiss a wrongful foreclosure suit brought by a borrower who originally took out his more than $1.2 million loan with the failed Washington Mutual Bank (WaMu), refuting the borrower's argument that Chase did not require any rights regarding the loan when it purchased Chase's assets (Angel S. Lomely v. JP Morgan Chase Bank NA, No. 12-01194, N.D. Calif.; 2012 U.S. Dist. LEXIS 132599).
KANSAS CITY, Kan. - Consumers in a class action lawsuit have failed to show that a debt collector violated state or federal debt collection laws by collecting an interest rate higher than allowed under state law because the controlling statute allows for such action, a federal judge in Kansas ruled Sept. 18 (Donald M. Browning, et al. v. Cohen, McNeile & Pappas P.C., No. 11-2611, D. Kan.; 2012 U.S. Dist. LEXIS 132714).
ST. LOUIS - Aurora Dairy Corp. and retailers that sell its milk will pay $7.5 million under a settlement agreement granted preliminary approval Sept. 14 to end a consolidated class action suit accusing the companies of using unfair and deceptive practices to sell non-organic milk at organic prices (In Re: Aurora Dairy Corp. Organic Milk Marketing and Sales Practices Litigation, No. 08-1907, E.D. Mo.). View related prior history, 2010 U.S. App. LEXIS 19254.
ST. LOUIS - A Missouri federal judge on Sept. 14 dismissed a lawsuit filed by an asbestos personal injury trust seeking insurance policy proceeds from two insurers after the parties notified the court that they had settled the dispute (Brauer Supply Co. 542(g) Asbestos Personal Injury Trust v. Atlanta International Insurance Co., No. 09-1640, E.D. Mo.).