NEWARK, N.J. - A decision finding that an asbestos-tainted talc defendant and its former attorneys must face allegations that they fraudulently destroyed documents pertinent to litigation stands after the Third Circuit U.S. Court of Appeals declined rehearing on Dec. 1 (Kimberlee Williams, et al. v. BASF Catalysts LLC, et al., No. 13-1089, 3rd Cir.).
MIAMI - An orthodontics company lacks standing to challenge the delay in implementing the Patient Protection and Affordable Care Act (ACA)'s employer mandate, a divided 11th Circuit U.S. Court of Appeals panel held Dec. 2 (Kawa Orthodontics LLP v. Secretary, U.S. Department of the Treasury, et al., No. 14-10296, 11th Cir.).
GREENSBORO, N.C. - A sports management consulting firm saw its subpoena on the North Carolina Department of the Secretary of State (NCSOS) quashed Nov. 26, with a North Carolina federal magistrate finding the subpoena to be overbroad, burdensome and pertaining to privileged information from criminal investigations that were unrelated to the present lawsuit (Champion Pro Consulting Group Inc., et al. v. Impact Sports Football LLC, et al., No. 1:12-cv-00027, M.D. N.C.; 2014 U.S. Dist. LEXIS 165825).
TORONTO - A Canadian energy corporation on Dec. 2 announced that an international arbitration tribunal has issued an award against it in a dispute with an oil and gas fund.
NEW YORK - After finding that Luxembourg and Canadian corporations showed the necessary elements for a preliminary injunction, a New York federal judge on Dec. 1 granted their request to enjoin a partnership and a corporation from arbitrating a breach of contract dispute before the Financial Industry Regulatory Authority (FINRA) (Pictet Funds [Europe] S.A., et al. v. Emerging Managers Group L.P., et al., No. 14-cv-6854, S.D. N.Y.; 2014 U.S. Dist. LEXIS 166477).
CLEVELAND - Determining that the plaintiff in a breach of promise lawsuit inadvertently disclosed a personal memo that was obtained by the defendants during discovery, an Ohio appeals panel on Nov. 26 ruled that this may have preserved his attorney-client privilege defense, vacating a lower court's motion to compel (Michael D. See v. John C. Haugh, et al., No. 101380, Ohio App., 8th Dist.; 2014 Ohio App. LEXIS 5129).
ATLANTA - The 11th Circuit U.S. Court of Appeals on Dec. 1 reversed a Florida judge's dismissal of a class complaint under the Telephone Consumer Protection Act (TCPA), finding that an offer of judgment to the lead plaintiff before he moved for class certification did not render the lead plaintiff's claims nor those of the class moot (Brian Keim, et al. v. ADF Midatlantic, LLC, et al., No. 13-13619, 11th Cir.; 2014 U.S. App. LEXIS 22509).
COLUMBIA, S.C. - A South Carolina federal judge on Dec. 1 granted a motion to consolidate two complaints filed by exotic dancers seeking unpaid wages (Kaleigh R. Dittus, et al. v. KEG, Inc., et al., No. 14-300, Nicolet Arcieri v. Shadow Management Company, Inc., et al., No. 14-3029, D. S.C.; 2014 U.S. Dist. LEXIS 166116).
TOLEDO, Ohio - An Ohio federal judge on Dec. 1 certified a class in a complaint accusing a nutritional supplements company of sending unsolicited faxed advertisements in violation of the Telephone Consumer Protection Act (TCPA) (Sandusky Wellness Center, LLC v. Wagner Wellness, Inc., et al., No. 12-2257, N.D. Ohio; 2014 U.S. Dist. LEXIS 166275).
CHICAGO - A former high school football player on Dec. 1 filed a class action complaint against the Illinois High School Association (IHSA) in Illinois state, alleging that the organization, which governs high school athletics in the state, has failed to adequately address the issue of concussions in football players (Daniel Bukal, et al. v. Illinois High School Association, No. 014-CH-19131, Ill. Cir., Cook Co., Chanc. Div.).
SAN FRANCISCO - A federal judge in California on Nov. 26 certified for interlocutory appeal his ruling that a retirement plan sponsored by an employer associated with a church does not qualify as a church plan exempt from the requirements of the Employee Retirement Income Security Act (Starla Rollins v. Dignity Health, et al., No. 13-1450, N.D. Calif.; 2014 U.S. Dist. LEXIS 165531).
PHILADELPHIA - The policy reasons behind the severance of punitive damages in the federal asbestos litigation remain, various defendants argue in Nov. 26 briefs urging the judge overseeing the litigation to continue the practice (Kenneth McAfee and Shirley McAfee v. 20th Century Glove Corporation of Texas, et al., No. 13-6856, Gerald Morris and Barbara Morris v. Honeywell International Inc., et al., No. 13-6591, E.D. Pa.).
DETROIT - A Michigan federal judge on Nov. 26 found that a detective offered as both an expert and fact witness in the racketeering trial against several motorcycle gang members was not qualified as an expert, granting in part one gang member's motion to exclude (United States of America v. Antonio Johnson, No. 2:13-cr-20764, E.D. Mich.; 2014 U.S. Dist. LEXIS 165455).
FRESNO, Calif. - A California federal magistrate judge on Nov. 26 granted preliminary approval to a $2.3 million settlement to be paid by a California grape grower and a labor contractor to end a class complaint filed by workers seeking unpaid wages (Margarita Rosales, et al. v. El Rancho Farms, et al., Angel Lopez Cruz, et al. v. El Rancho Farms, et al., No. 09-707, E.D. Calif.; 2014 U.S. Dist. LEXIS 165711).
WASHINGTON, D.C. - A Canadian mining corporation on Dec. 1 announced that it has filed a petition to confirm a $740.3 million award in a District of Columbia federal court that was issued in its favor and against the Bolivarian Republic of Venezuela (Gold Reserve Inc. v. Bolivarian Republic of Venezuela, No. 1:14-cv-2014, D. D.C.).
SAN FRANCISCO - A California federal magistrate judge on Nov. 26 preliminarily approved a $1 million settlement to be paid by Tractor Supply Co. to resolve a wage-and-hour class complaint filed by a former store clerk (Patrick Bellinghausen v. Tractor Supply Company, No. 13-2377, N.D. Calif.; 2014 U.S. Dist. LEXIS 165529).
NEW YORK - A New York federal judge on Nov. 26 found that the International Chamber of Commerce (ICC) and an arbitrator were immune from suit under a banking and financial advisory services agreement, granting their motion to dismiss the case and for sanctions (Landmark Ventures Inc. v. Stephanie Cohen, et al., No. 13-9044, S.D. N.Y.; 2014 U.S. Dist. LEXIS 165366).
SAN JOSE, Calif. - A federal judge in California on Nov. 25 granted the defendants' separate motions to dismiss a putative class action complaint that contained state unfair competition law (UCL) claims accusing the owners of a retirement community of mismanaging entrance and monthly fees (Burton Richter, et al. v. CC-Palo Alto Inc., et al., No. 14-750, N.D. Calif.; 2014 U.S. Dist. LEXIS 165078).
HOUSTON - A Texas federal judge on Nov. 24 allowed late opt-in filings by nearly a dozen exotic dancers in a class complaint accusing the clubs where they dance and the clubs' owners of denying them wages by improperly classifying them as independent contractors (Paulita Coronado, et al. v. D N.W. Houston, Inc., et al., No. 13-2179, S.D. Texas; 2014 U.S. Dist. LEXIS 164151).
CHARLOTTESVILLE, Va. - A Virginia federal judge on Nov. 26 vacated an order directing the warden of a Virginia jail to bring certain inmates to the district court to testify in a class case alleging that prisoners are subjected to cruel and unusual punishment in light of a joint notice of settlement filed Nov. 25 (Cynthia B. Scott, et al. v. Harold W. Clarke, et al., No. 12-36, W.D. Va.).
SAN FRANCISCO - A California appeals court on Nov. 25 affirmed a trial court's decision to dismiss a technology corporation's appeal of a ruling to deny its request for correction of an international arbitration award, finding that the petition was untimely and lacked merit (Amkor Technology Inc. v. Tessera Inc., No. A139596, Calif. App., 1st Dist., Div. 3).
NEW ORLEANS - After finding that a district court's order granting a London insurer's motion to stay a case and to compel arbitration was interlocutory and not final, the Fifth Circuit U.S. Court of Appeals on Nov. 25 dismissed an electric power company's appeal for lack of jurisdiction (Southwestern Electric Power Co., et al. v. Certain Underwriters at Lloyds of London, et al., No. 13-31130, 5th Cir.; 2014 U.S. App. LEXIS 22439).
GRETNA, La. - A Louisiana appeals court on Nov. 25 vacated a trial court's decision granting a hospital summary judgment and denying class certification in a wrongful billing suit, saying a recent state Supreme Court decision established that the plaintiffs had a private right of action under the state's Billing Act (Nell Ladieu, et al. v. Jefferson Parish Hospital Service District No. 2 d/b/a East Jefferson General Hospital, No. 14-CA-449, La. App., 5th Dist.; 2014 La. App. LEXIS 2824).
BALTIMORE - District judges retain the power to issue sanctions in remanded cases, including vacating remand, a divided en banc Fourth Circuit U.S. Court of Appeals held Nov. 25 in an asbestos-tainted talc action (Joyce Barlow v. Colgate Palmolive Co. and John Crane-Houdille Inc., et al., Clara Mosko v. Colgate Palmolive Co. and John Crane-Houdaille Inc., et al., Nos. 13-1839, 13-1840, 4th Cir.).
CHICAGO - The alleged assignee of certain rights of an insolvent insurer asked the Second Circuit U.S. Court of Appeals on Nov. 21 for a rehearing en banc of the court's decision denying the appeal of a lower court's dismissal of a motion to compel an international reinsurer to arbitrate a payment dispute (Pine Top Receivables of Illinois, LLC v. Banco De Seguros Del Estado, No. 13-1364, 7th Cir.).