RICHMOND, Va. - An insurance holding company will pay $219 million to settle claims filed in a Virginia federal court that it issued misrepresentations regarding the company's business and financial condition in violation of federal securities laws, according to a press release issued by the company on March 11 (In re Genworth Financial Inc. Securities Litigation, No. 14-682, E.D. Va.).
SAN FRANCISCO - In response to requests for information by a California federal judge, Oracle America Inc. and Google Inc. on March 9 filed supplemental briefs offering their opinions as to what are acceptable uses of Internet searches for information on potential jurors in an upcoming retrial on fair use in a copyright dispute over the Java operating system (Oracle America, Inc. v. Google, Inc., No. 3:10-cv-03561, N.D. Calif.).
WASHINGTON, D.C. - The Republican National Committee (RNC) on March 10 filed a declaratory complaint against the U.S. Department of State, seeking to enforce compliance with two requests it filed with the department under the Freedom of Information Act (FOIA) for certain emails sent to and from former Secretary of State Hillary Clinton (Republican National Committee v. United States Department of State, No. 1:16-cv-00460, D. D.C.).
MACON, Ga. - A Georgia federal judge on March 9 certified a class of homeowners seeking coverage from State Farm Fire and Casualty Co. for diminished value to their homes but declined to subdivide the class for the time being (John Thompson, et al. v. State Farm Fire and Casualty Company, No. 14-32, M.D. Ga.; 2016 U.S. Dist. LEXIS 30308).
NEW YORK - A biomechanics expert may testify as to the circumstances surrounding a motor vehicle accident, a New York federal judge ruled March 10, finding that the expert relied on the traffic collision report and a plaintiff's medical records to support his opinion (Rene H. Manlapig, et al. v. Jeremy Horace Jupiter, et al., No. 14-235, S.D. N.Y.; 2016 U.S. Dist. LEXIS 31011).
FERGUS FALLS, Minn. - A Minnesota federal judge on March 10 decertified a class of sales persons who allege that they were forced to work off the clock and granted summary judgment to the employer on the claims brought by the two remaining plaintiffs (Kenneth Lindsay, et al. v. Clear Wireless LLC, et al., No. 13-834, D. Minn.; 2016 U.S. Dist. LEXIS 31663).
RAPID CITY, S.D. - A motorcycle safety instructor may testify on the dynamics and physics of motorcycle collisions, a South Dakota federal judge ruled March 9 (Theodore J. Vore v. Clifford L. Osborn, No. 13-5075, D. S.D.; 2016 U.S. Dist. LEXIS 30009).
SALT LAKE CITY - Utah legislators on March 10 sent to the governor legislation requiring asbestos plaintiffs to declare under oath that they investigated all potential claims arising with asbestos bankruptcy trusts and filed relevant claims.
NASHVILLE, Tenn. - Legislation that proponents claim will bring transparency to asbestos litigation and asbestos bankruptcy trusts passed the Tennessee House March 10 in a unanimous vote.
RIVERSIDE, Calif. - In a brief filed March 10 in California federal court, the U.S. Department of Justice defends its motion to compel Apple Inc. to help the Federal Bureau of Investigation gain access to the iPhone belonging to one of the accused San Bernardino, Calif., shooters, arguing that any burden on the technology giant in terms of time and manpower would be minimal (In the matter of the search of an Apple iPhone seized during the execution of a search warrant on a Black Lexus IS300, California License Plate 35KGD203, No. 5:16-cm-00010, C.D. Calif.).
PHOENIX - A damages expert may testify that, in his opinion, the appropriate formula for calculating any minimum wage shortfalls in a wage dispute lawsuit is the effective hourly rate of pay formula, an Arizona federal judge ruled March 8 (Michael Wagner v. ABW Legacy Corp., Inc., et al. No. 13-2245, D. Ariz.; 2016 U.S. Dist. LEXIS 29376).
OAKLAND, Calif. - An amended class certification motion was not sufficiently narrowed by consumers who have accused rental car companies of engaging in the practice of selling collision or liability damage waiver policies for vehicle rentals to plaintiffs without providing adequate notice that the coverage might be duplicative of other policies already held by the consumers, a California federal judge ruled March 8 (Sandra McKinnon, et al. v. Dollar Thrifty Automotive Group, Inc., et al., No. 12-4457, N.D. Calif.; 2016 U.S. Dist. LEXIS 29671).
WILMINGTON, Del. - A damages expert is excluded from referencing license agreements in patent infringement lawsuits to establish royalty rates, a Delaware federal judge ruled March 9 (M2M Solutions LLC v. Enfora, Inc., et al., No. 12-32, D. Del.; 2016 U.S. Dist. LEXIS 29826).
JACKSON, Miss. - In a motion to quash filed March 8 in Mississippi federal court, the Motion Picture Association of America (MPAA) argues that a subpoena of its general counsel by Google Inc. in a lawsuit against the Mississippi attorney general (AG), to which MPAA is not a party, violates the attorney-client privilege and protections afforded by the First Amendment to the U.S. Constitution (Google Inc. v. Jim Hood, No. 3:14-cv-00981, S.D. Miss.).
NEW YORK - A federal district court did not err in dismissing two related securities class action lawsuits for failure to plead a material misrepresentation pursuant to the U.S. Supreme Court's ruling in Omnicare Inc., et al. v. The Laborers District Council Construction Industry Pension Fund and The Cement Masons Local 526 Combined Funds because the defendants' optimistic statements were not misleading, a Second Circuit U.S. Court of Appeals panel ruled March 7 (Gen. Partner Glenn Tongue, et al. v. Sanofi, et al., Nos. 15-588 and 15-623, 2nd Cir.; 2016 U.S. App. LEXIS 4107).
NEW YORK - Dismissal of a consolidated amended securities class action complaint against a Chinese developer and publisher of mobile games and certain of its executive officers is proper because shareholders failed to plead any actionable misrepresentations or omissions or scienter in making their federal securities law claims, a federal judge in New York ruled March 7 (In re China Mobile Games & Entertainment Group Ltd. Securities Litigation, No. 14-4471, S.D. N.Y.; 2016 U.S. Dist. LEXIS 29258).
WASHINGTON, D.C. - An international arbitration tribunal on March 8 dismissed the contract claims of a Turkish construction company against Turkmenistan for "lack of merit" (In The Arbitration Proceeding Between Ickale InSaat Limited Sirketi and Turkmenistan, No. ARB/10/24, ICSID).
ATLANTA - A Georgia federal judge on March 8 granted preliminary approval to a $13 million settlement between Home Depot Inc. and a class of consumer plaintiffs related to a 2014 breach of the retailer's network (In re: The Home Depot Inc., Customer Data Security Breach Litigation, No. 1:14-md-02583, N.D. Ga.).
DETROIT - A purported class of Flint, Mich., residents on March 7 filed a lawsuit in Michigan federal court against the governor, the state, state officials and city employees, seeking monetary damages and injunctive relief for alleged violations of federal laws pertaining to safe drinking water connected to the lead water crisis in Flint (Myia McMillian, et al. v. Gov. Richard Dale Snyder, et al., No. 16-10796, E.D. Mich.).
SAN FRANCISCO - A federal judge in California on March 4 granted in part and denied in part motions to dismiss in a securities class action lawsuit, ruling that although shareholders properly pleaded scienter, loss causation and an actionable misrepresentation, they lack standing to bring claims pursuant to the Securities Act of 1933 (Keith Thomas, et al. v. Magnachip Semiconductor Corp., et al., No. 14-1160, N.D. Calif.; 2016 U.S. Dist. LEXIS 28077).
KANSAS CITY, Kan. - A plaintiff's expert may testify as to an insurer's handling of an underlying bodily injury claim arising from a motor vehicle accident, a Kansas federal judge ruled March 7, denying an insurer's motion to exclude and motion for summary judgment on negligence and bad faith claims (Grant M. Nelson v. Progressive Northwestern Insurance Co., No. 15-7454, D. Kan.; 2016 U.S. Dist. LEXIS 28952).
NEW YORK - A trial judge did not err in allowing a lawyer to testify about his meeting with a plaintiff regarding signatures for mortgage loan documents, the Second Circuit U.S. Court of Appeals ruled March 8, affirming a verdict in favor of mortgage companies on a fraud claim (Linda D. Crawford v. Tribeca Lending Corp., et al., No. 15-1403, 2nd Cir.; 2016 U.S. App. LEXIS 4305).
NEW ORLEANS - A plaintiff failed to show that defense experts' opinions are unreliable or inadmissible, a Louisiana federal judge held March 4; however, the judge found that the plaintiff demonstrated that two newly converted, handicap-accessible parking spaces are in violation of the Americans with Disabilities Act (ADA), 42 U.S. Code Section 12181, et seq., because they do not conform to guidelines as they must under the maximum extent feasible standard (Thad Tatum v. Doctor's Associates, Inc., et al., No. 14-2980, E.D. La.; 2016 U.S. Dist. LEXIS 27764).
FORT MYERS, Fla. - Finding that a former judge may be able to assist a jury on procedures employed by U.S. Immigration and Customs Enforcement (ICE) and the U.S. immigration courts, a Florida federal judge on March 4 reserved ruling on a motion to exclude until trial (United States of America v. Yohany Hernandez-Hernandez, No. 15-59, M.D. Fla.; 2016 U.S. Dist. LEXIS 27737).
BROOKLYN, N.Y. - One week after a federal magistrate judge denied its motion to compel Apple Inc. to assist in obtaining access to an iPhone seized during a criminal investigation, the U.S. government on March 7 appealed that ruling in New York federal court, calling its request a "routine application" that has been made of Apple "dozens of times before" and with which the technology firm has always complied (In re Order Requiring Apple Inc. to Assist in the Execution of a Search Warrant Issued by This Court, No. 1:15-mc-01902, E.D. N.Y.).