NEW YORK - A federal judge erred in dismissing a securities fraud lawsuit because investors properly alleged a "domestic transaction" under Section 10(b) of the Securities Exchange Act of 1934, a Second Circuit U.S. Court of Appeals panel ruled June 19 in reversing and remanding the action to the district court (Ryan Giunta, et al. v. James B. Dingman, et al., No. 17-1375, 2nd Cir., 2018 U.S. App. LEXIS 16407).
PHILADELPHIA - The Pennsylvania Superior Court on June 19 affirmed a $12.85 million pelvic mesh verdict against Ethicon Inc., rejecting both the defendants' arguments and the plaintiff's argument that delay damages should have also been applied to her punitive damage award (Patricia L. Hammons v. Ethicon, Inc., et al., No. 1522 EDA 2016, Pa. Super., 2018 Pa. Super. LEXIS 681).
NEW YORK - Deutsche Bank AG and its foreign exchange (FX) business on June 20 agreed to pay $205 million to settle claims with the New York Department of Financial Services (DFS) stemming from the DFS's investigation into the global bank's operation of its foreign exchange business.
WEST PALM BEACH, Fla. - A man accused of misappropriating and converting more than $11 billion in assets of a deceased bitcoin miner filed a motion to dismiss in Florida federal court June 15, asserting a lack of jurisdiction and claim preclusion due to Australian judgments in his favor (Ira Kleiman, et al. v. Craig Wright, No. 9:18-cv-80176, S.D. Fla.).
INDIANAOLIS - In light of a defendant's showing of relevance and the plaintiffs' failure to establish privilege, an Indiana federal magistrate judge on June 14 concluded that a Facebook instant message string between two named plaintiffs was not covered by a protective order in a putative class action over pension plan administrative fees, leading him to mostly grant a motion to compel (Mary Bell, et al. v. Pension Committee of ATH Holding Company LLC, et al., No. 1:15-cv-02062, S.D. Ind.).
PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on June 18 affirmed a district court's decision to grant judgment on the pleadings for lenders and a loan servicer, holding that her claims were barred by a two-year statute of limitations and that she had no viable claim for violation of California's unfair competition law (UCL) (Pamela Rae v. Bank of America, N.A., et al., No. 17-55283, 9th Cir., 2018 U.S. App. LEXIS 16344).
SAN FRANCISCO - A California federal judge on June 14 granted final approval of a $142 million settlement that will be paid by Wells Fargo & Co. and Wells Fargo Bank N.A. to resolve class claims that the bank opened accounts for individuals, enrolled them in products and services and submitted applications for products and services without consent (Shahriar Jabbari, et al. v. Wells Fargo & Company, et al., No. 15-2159, N.D. Calif.).
ATLANTA - The 11th Circuit U.S. Court of Appeals on June 14 affirmed the conviction of a doctor for participating in opioid "pill mills" in Georgia, finding no abuse of discretion by the trial court in allowing a government expert to testify that the doctor's conduct showed that he was more of a drug dealer than a health care provider (United States v. Romie Roland, No. 17-11058, 11th Cir., 2018 U.S. App. LEXIS 15941).
TRENTON, N.J. - A New Jersey appeals panel on June 18 agreed with a trial court that a Yaz/Yasmin plaintiff failed to provide a valid expert opinion to support her claim, resulting in dismissal with prejudice (Rhonda Fuller v. Bayer Corp., et al., No. A-4813-1574, N.J. Super., App. Div., 2018 N.J. Super. Unpub. LEXIS 1418).
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on June 15 remanded a disability benefits dispute to the district court to determine whether the claimant is entitled to equitable relief based on the disability plan's failure to properly offset the claimant's disability benefits (Petar Mrkonjic v. Delta Family-Care and Survivorship Plan, et al., Nos. 16-56335, No. 16-56487, 9th Cir., 2018 U.S. App. LEXIS 16162).
WILMINGTON, Del. - A recent lawsuit in a string of actions seeking to hold insurers of former Chapter 11 debtor W.R. Grace & Co. liable for claimants' asbestos diseases should be dismissed because a Delaware federal bankruptcy judge has already found that the claims are barred by the protections afforded the insurers in W.R. Grace's reorganization, one insurer argues in a June 15 filing (Barbara Hunt, et al. v. Maryland Casualty Company, No. 18-50402, D. Del. Bkcy.).
DENVER - A live-music and entertainment company cannot seek damages against its former employee for violation of Colorado's trade secret statute because, although it has shown that the former employee possessed the company's trade secret information and obtained it by improper means, it has failed to plead actual misappropriation, a federal magistrate judge in Colorado ruled June 14 in recommending that the defendant's motion to dismiss be granted in part and denied in part (KAABOOWorks Services LLC v. Brian Pilsl, No. 17-2530, D. Colo., 2018 U.S. Dist. LEXIS 99931).
CLEVELAND - A woman says in a lawsuit filed June 18 in Ohio state court that Atlas Roofing Corp. should replace the shingles she had installed on her roof in 2002 because their defective design allows them to absorb moisture and then blister and crack long before the expiration of the product's 30-year warranty (Katie Burton v. Atlas Roofing Corp., No. CV 18 899593, Ohio Comm. Pls., Cuyahoga Co.).
SAN FRANCISCO - In a June 18 ruling, the Ninth Circuit U.S. Court of Appeals affirmed a Washington federal judge's decision to award a single statutory damage award in each of five cases involving the same BitTorrent "swarm" upload of the film "London Has Fallen" (LHF Production Inc. v. Doe 1, et al., No. 17-35237, 9th Cir., 2018 U.S. App. LEXIS 16360).
SAN FRANCISCO - A stay of an insurer's suit seeking a declaration regarding its duty to defend an insured in an underlying lead exposure suit is not warranted because the insurer's coverage suit does not present the same issues as the underlying lead exposure suit and the insured will not be prejudiced if the insurer's suit proceeds, a California federal judge said June 18 in denying the insured's motion to stay (James River Insurance Co. v. W.A. Rose Construction, et al., No. 18-2030, N.D. Calif., 2018 U.S. Dist. LEXIS 101698).
DETROIT - Two Eastern Michigan University (EMU) students filed a class complaint on June 15 in Michigan federal court, alleging that the school violated Title IX of the Education Amendments of 1972 when it eliminated its women's tennis and softball teams in the midst of their competitive seasons and left many foreign students in limbo (Marie Mayerova, et al. v. Eastern Michigan University, et al., No. 18-11909, E.D. Mich.).
NEW YORK - A New York federal judge on June 15 refused to grant a motion filed by a group of mining entities to dismiss a petition to confirm a $48,053,462 arbitral award issued by the International Chamber of Commerce's (ICC) International Court of Arbitration in favor of a group of Brazilian companies, holding that the companies sufficiently alleged that the entities were attempting to avoid their obligations under contract for the sale of pig iron by making sure a related entity was judgment proof (CBF Industria De Gusa S/A, et al. v. Amci Holdings Inc., et al., No. 13 Civ. 2581, S.D. N.Y., 2018 U.S. Dist. LEXIS 100781).
TRENTON, N.J. - A New Jersey appeals court on June 15 ruled that a bank's original foreclosure case, which was voluntarily dismissed, did not begin to run a statute of limitations, rejecting a borrower's argument that the foreclosure action was time-barred (Deutsche Bank National Trust Company, ex rel. v. Michael Hochmeyer, et al., No. A-4714-16T3, N.J. Super., App. Div., 2018 N.J. Super. Unpub. LEXIS 1402).
WASHINGTON, D.C. - Because a company did not issue insurance or reinsurance contracts during the tax years at issue, a U.S. tax judge ruled June 18 that it did not receive more than 50 percent of its gross receipts from insurance premiums (Reserve Mechanical Corp. v. Commissioner of Internal Revenue, No. 14545-16, U.S. Tax).
SALT LAKE CITY - Two insurers owe no coverage to an insured contractor for costs incurred from repairing nondefective parts of construction projects as a result of the process to remove and replace a subcontractor's nonconforming lumber, a Utah federal judge ruled June 18 (Big-D Construction Midwest LLC v. Zurich American Insurance Co., No. 16-952, D. Utah).
WEST PALM BEACH, Fla. - A man's ability to recall an asbestos-containing brake box's design clearly indicates that he looked at the packaging and required sending failure-to-warn claims to a jury, a man tells a Florida appeals court in a June 14 reply brief (James W. Coates, et al. v. Honeywell International Inc., No. 4D17-1533, Fla. App., 4th Dist.).