ST. PAUL, Minn. - Finding merit to objections of two members of a consumer class action over a 2013 data breach experienced by Target Corp., an Eighth Circuit U.S. Court of Appeals panel on Feb. 1 remanded a settlement of that suit, finding that a trial court "failed to articulate its analysis of the numerous disputed issues of law and fact regarding the propriety of class certification" (In re: Target Corporation Customer Data Security Breach Litigation, No. 15-3909, 15-3912, 16-1203, 16-1245 and 16-1408, 8th Cir., 2017 U.S. App. LEXIS 1767).
NEW ORLEANS - Producing an unprepared corporate witness who failed to answer almost 100 noticed matters despite months of preparation time was akin to offering no witness at all, a federal judge in Louisiana held Jan. 31 in ordering a new deposition and imposing costs and fees (Martha Denmon Storer, et al. v. Crown Cork & Seal Co., et al., No. 14-2488, W.D. La., 2017 U.S. Dist. LEXIS 13349).
ALEXANDRIA, Va. - Six claims of a Fujifilm Corp. patent are unpatentable under the Patent Act, 35 U.S.C. 102(b) and 103(a), Sony Corp. alleges in a Jan. 30 petition for inter partes review by the Patent Trial and Appeal Board (Sony Corporation v. Fujifilm Corporation, No. IPR2017-00809, PTAB).
CHICAGO - Efforts by an individual defendant accused of trademark infringement to obtain dismissal on jurisdictional grounds were rejected Jan. 25 by an Illinois federal judge, who noted that the person - as owner and director of a co-defendant corporation - would be "be significantly involved in the case regardless of the claims against him personally" (Deckers Outdoor Corporation v. Australian Leather Pty. Ltd., et al., No. 16-3676, N.D. Ill.; 2017 U.S. Dist. LEXIS 11087).
EUGENE, Ore. - A woman who was injured in a fall at a tribal casino in Oregon sued the casino and the tribe's court Jan. 25 in federal court in Oregon, asserting that the tribal court improperly dismissed her negligence claims based on a summary judgment finding that she did not strictly comply with the tribe's notice procedures (Lisa M. Wilson v. Umpqua Indian Development Corporation, et al., No. 6:17-cv-00123, D. Ore.).
WASHINGTON, D.C. - A Texas federal judge did not err in finding that a covenant not to sue barred a patent infringement action nor in holding that the defendant in the case failed to properly support its claim for damages in the form of attorney fees, the Federal Circuit U.S. Court of Appeals concluded Jan. 26 (Securus Technologies Inc. v. Global Tel*Link Corporation, Nos. 16-1470, -1506, Fed. Cir.; 2017 U.S. App. LEXIS 1376).
CHICAGO - An Illinois judge on Jan. 24 approved a confidential settlement agreement between the estate of an insolvent insurer and a mortgage insurer (In the Matter of the Rehabilitation of Triad Guaranty Insurance Corporation, No. 12-CH-43895, Ill. Cir., Cook Co.).
SAN FRANCISCO - A California federal judge on Jan. 24 dismissed proposed class action claims for violation of California's unfair competition law (UCL) and other claims, finding that a consumer failed to show that she purchased prawns from a retailer that were provided by two food product companies that produced the prawns using illegal labor practices (Monica Sud, et al. v. Costco Wholesale Corporation, et al., No. 15-cv-03783, N.D. Calif.; 2017 U.S. Dist. LEXIS 9943).
SANTA ANA, Calif. - A California water district filed a brief in California federal court on Jan. 25 defending the qualifications of one of its experts to testify in a groundwater contamination case involving methyl tertiary butyl ether (MTBE). The water district also contends in a separate brief that its claim for $34 million in damages "will be amply supported" by the testimony provided (Orange County Water District v. Unocal Corporation, et al., No. 03-1742, C.D. Calif.).
PASADENA, Calif. - A California federal court did not err in decertifying a class of Costco Wholesale Corp. workers alleging various wage violations after finding that individualized issues predominate over common ones, a Ninth Circuit U.S. Court of Appeals panel ruled Jan. 20 (Eric Stiller, et al. v. Costco Wholesale Corporation, Nos. 15-55361 and 15-55691, 9th Cir.; 2017 U.S. App. LEXIS 1062).
WASHINGTON, D.C. - A Texas federal judge did not abuse his discretion in finding that the owner of a patented mechanism for filling water balloons was likely to succeed on its claim that a competitor committed patent infringement, the Federal Circuit U.S. Court of Appeals ruled Jan. 24 (Tinnus Enterprises LLC v. Telebrands Corporation, No. 16-1410, Fed. Cir.).
WILMINGTON, Del. - Allegations that Bloomberg L.P. and Bloomberg Finance L.P. (Bloomberg, collectively) infringed a patented method for providing subscribers with real-time financial market information were rejected Jan. 19 by a Delaware federal judge in response to a defense motion for summary judgment (Quest Licensing Corporation v. Bloomberg L.P. and Bloomberg Finance L.P., No. 14-561, D. Del.; 2017 U.S. Dist. LEXIS 7200).
WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 18 reversed a decision granting judgment for the Federal National Mortgage Association (Fannie Mae) on claims related to a property foreclosure, finding that the sue-and-be-sued clause in a federal charter does not expressly confer jurisdiction on federal courts (Crystal Monique Lightfoot, et al. v. Cendant Mortgage Corporation, et al., No. 14-1055, U.S. Sup.; 2017 U.S. LEXIS 785).
NEW YORK - The Second Circuit U.S. Court of Appeals on Jan. 19 certified two questions to the New York Court of Appeals in a dispute over whether a public benefit corporation has the capacity to challenge as unconstitutional a New York statute that revived claims against public corporations for personal injuries incurred during the rescue, recovery and cleanup efforts following the Sept. 11, 2001, terrorist attacks (In re: World Trade Center Lower Manhattan Disaster Site Litigation, Nos. 15-2181, 15-2283, 15-2285, 15-2487, 15-2506 and 15-2687, 2nd Cir.).
SAN FRANCISCO - Allegations by a karaoke music producer that a defendant's practice of "media-shifting" karaoke tracks from physical compact discs to digital files violates the Lanham Act were correctly dismissed by an Arizona federal judge, the Ninth Circuit U.S. Court of Appeals ruled Jan. 18 (Slep-Tone Entertainment Corporation v. Wired for Sound Karaoke and DJ Services LLC, No. 14-17229, 9th Cir.).
KANSAS CITY, Kan. - A cell phone reseller's third attempt at class certification for counterclaims accusing Sprint Nextel Corp. of restraining trade of preowned phones failed when a Kansas federal judge on Jan. 12 ruled that the motion was filed too late (Sprint Nextel Corporation v. The Middle Man, Inc., et al., No. 12-2159, D. Kan.; 2017 U.S. Dist. LEXIS 4931).
LOS ANGELES - Seventy-two days before the start of a California class action trial involving MicroCool surgical gowns, the parties on Jan. 16 reported to a California federal judge that "[d]espite the best efforts of the parties, they have been unable to settle the case" (Hrayr Shahinian, M.D., v. Kimberly-Clark Corporation, et al., No. 14-8390, C.D. Calif.).
NEW YORK - The United States on Jan. 14 filed suit against a cigar manufacturer in New York federal court, alleging that the company failed to make payments after a civil fine was imposed against it under a law that was created to transition the tobacco industry to a free market (United States of America v. La Casa Grande Tobacco Corporation, No. 17-CV-225, S.D. N.Y.).
WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 17 denied a petition for writ of certiorari filed by the banks accused, in a multidistrict litigation that was reinstated by the Second Circuit U.S. Court of Appeals after being dismissed by the trial court, of an alleged conspiracy to manipulate U.S. Dollar London Interbank Offered Rate (LIBOR) in violation of the Sherman Act (Bank of America Corporation, et al. v. Ellen Gelboim, et al., No. 16-545, U.S. Sup.).