ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on Jan. 4 affirmed a district court's dismissal of claims for recession and damages under the Truth in Lending Act (TILA) against a bank and mortgage lender, finding that it would not address arguments raised for the first time on appeal (John D. Dunn, et al. v. Bank of America, N.A., et al., No. 15-3985, 8th Cir.; 2017 U.S. App. LEXIS 76).
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals in a Jan. 3 opinion joined the Sixth, Seventh and Eighth circuits in declining to adopt a requirement that prior to class certification class representatives must proffer an administratively feasible way to identify class members (Robert Briseno, et al. v. ConAgra Foods, Inc., No. 15-55727, 9th Cir.; 2017 U.S. App. LEXIS 38).
SAN FRANCISCO - Shareholders in a securities class action lawsuit against a specialty oil products manufacturer and distributor, certain of its current and former officers and directors and underwriters of two stock offerings failed to plead falsity in making their federal securities law claims because their claims failed to meet the strict pleading standards of the Private Securities Litigation Reform Act (PSLRA) and Federal Rule of Civil Procedure 9(b), a federal judge in California ruled Dec. 29 (Norfolk County Retirement System, et al. v. Solazyme Inc., et al., No. 15-2938, N.D. Calif.; 2016 U.S. Dist. LEXIS 179949).
SYRACUSE, N.Y. - A reinsurer told a federal court in New York on Dec. 30 that an insurer's request regarding testimony from its corporate designee is improper because among other reasons, the reinsurer says, it does not have the information the insurer seeks (Utica Mutual Insurance Company v. R&Q Reinsurance Company, No. 15-cv-00270, N.D. N.Y.).
WASHINGTON, D.C. - The District of Columbia Circuit U.S. Court of Appeals on Dec. 30 affirmed a District of Columbia federal judge's ruling rejecting allegations that the fiduciary of an employee stock ownership plan (ESOP) breached its duty by failing to prevent participants from purchasing or holding "doomed" stock, finding that the claims fall far short under the U.S. Supreme Court's ruling in Fifth Third Bancorp v. Dudenhoeffer (Donna Marie Coburn, et al. v. Evercore Trust Company N.A., No. 16-7029, D.C. Cir.; 2016 U.S. App. LEXIS 23396).
SEATTLE - Noting an issue of first impression, the Ninth Circuit U.S. Court of Appeals on Jan. 3 dismissed an insurer's petition for permission to appeal a lower court's remand order in a class action lawsuit founded on federal question jurisdiction but concluded that because the insurer's notice of removal was not untimely, the lower court erred in awarding $18,330 in attorney fees to the plaintiff (Chan Healthcare Group, PS v. Liberty Mutual Fire Insurance Co., et al., Nos. 16-35210, 16-80019, 9th Cir.; 2017 U.S. App. LEXIS 19).
AKRON, Ohio - An Ohio federal judge on Dec. 29 granted approval of a $1.15 million settlement to be paid by U.S. Bancorp and U.S. Bank National Association (collectively, U.S. Bank) to end a Fair Labor Standards Act collective action brought by co-managers (CMs) who alleged that they were improperly denied overtime wages (Kelly Waggoner, et al. v. U.S. Bancorp, et al., No. 14-1626, N.D. Ohio; 2016 U.S. Dist. LEXIS 179843).
SCRANTON, Pa. - A Pennsylvania federal judge on Jan. 3 concluded that the operator of a Poconos resort had no justification for not timely submitting video surveillance discovery in a personal injury suit, but because he found the failure to have not been in bad faith, the judge stopped short of granting the plaintiffs' motion to strike use of the surveillance materials at trial (Brian Perez, et al. v. Great Wolf Lodge of the Poconos LLC, et al., No. 3:12-cv-01322, M.D. Pa.; 2017 U.S. Dist. LEXIS 308)
CHICAGO - An Illinois federal judge on Dec. 30 certified an excessive deduction class but not an overtime class in a lawsuit brought by a tile store sales associate against his employer (Adriel Osorio, et al. v. The Tile Shop, LLC, No. 15-15, N.D. Ill.; 2016 U.S. Dist. LEXIS 180077).
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Dec. 29 released its consent award adopting a settlement agreement resolving all claims asserted by thousands of Italian bondholders related to defaulted bonds and the Argentine Republic (Abaclat and others v. The Argentine Republic, No. ARB/07/05, ICSID).
ST. LOUIS - A Missouri federal judge on Dec. 30 granted in part and denied in part various motions to exclude medical expert testimony from a woman who is accusing a company of defects in a surgical aesthetics product as well as the company (Andrea Rachelle Clinton v. Mentor Worldwide LLC, No. 16-00319, E.D. Mo.; 2016 U.S. Dist. LEXIS 180223).
HOUSTON - The U.S. Supreme Court's decision in Tyson Foods, Inc. v. Bouaphakeo (136 S. Ct. 1036 ) - a Fair Labor Standards Act case in which the high court, in its decision approving of the plaintiffs' reliance on representative evidence to satisfy the procedural requirements for class certification, expressly stated that it was not establishing any broad or categorical rules concerning the use of "representative evidence" in class cases - has no effect on a racial discrimination suit filed by the Equal Employment Opportunity Commission against Bass Pro Outdoor World LLC, a Texas federal judge ruled Dec. 28 (Equal Employment Opportunity Commission v. Bass Pro Outdoor World, LLC, et al., No. 11-3425, S.D. Texas; 2016 U.S. Dist. LEXIS 179403).
WASHINGTON, D.C. - The District of Columbia Circuit U.S. Court of Appeals on Dec. 27 affirmed a district court's decision to confirm a $11.2 million arbitral award issued by the International Chamber of Commerce (ICC) International Court of Arbitration in favor of a power company, finding that the Federal Republic of Nigeria failed to show that confirmation of the award was not manifestly unjust (Enron Nigeria Power Holding Ltd. v. Federal Republic of Nigeria, No. 15-7121, D.C. Cir.; 2016 U.S. App. LEXIS 23276).
DETROIT - Lead plaintiffs in a securities class action lawsuit against a drug company and its CEO have failed to plead their federal securities law claims because they have not shown that any of the alleged misrepresentations made by the defendants were actionable or that the defendants acted with deliberate recklessness, a federal judge in Michigan ruled Dec. 27 in granting the defendants' motion to dismiss (Kevin L. Dougherty v. Esperion Therapeutics Inc., et al., No. 16-10089, E.D. Mich.; 2016 U.S. Dist. LEXIS 178581).
BOSTON - A federal judge in Massachusetts on Dec. 28 approved a stipulation between an insurer and reinsurer regarding confidential materials and cautioned that the burden of proving the need for confidentiality falls to the impoundment-seeking party (Lamorak Insurance Company v. Everest Reinsurance Co., No. 15-cv-13425, D. Mass.).
WASHINGTON, D.C. - An ad hoc Committee for the International Centre for Settlement of Investment Disputes (ICSID) on Dec. 28 released its decision on an application for annulment of an award issued in favor of several marine transportation services entities, annulling a portion of the award in which the tribunal failed to state its reasons on an estimation in the value of a business, but affirmed a $36.3 million award of damages (Tidewater Inc., et al. v. The Bolivarian Republic of Venezuela, No. ARB/10/5, ICSID).
DETROIT - An arbitration provision agreed to by Uber Technologies Inc. drivers "clearly and unmistakably" provides that an arbitrator must decide the issue of arbitrability, a Michigan federal judge ruled Dec. 27, granting a motion to compel arbitration of a wage class complaint filed by two drivers (Arthur Zawada, et al. v. Uber Technologies, Inc., et al., No. 16-11334, E.D. Mich.; 2016 U.S. Dist. LEXIS 178582).
SAN FRANCISCO - A federal district court did not err in dismissing a securities class action lawsuit against Tesla Motors Inc. and its CEO because shareholders failed to plead any materially misleading statements or omissions in making their federal securities law claims, a Ninth Circuit U.S. Court of Appeals panel ruled Dec. 21 (In re Tesla Motors Inc. Securities Litigation, No. 14-17501, 9th Cir.).
NEW YORK - A federal judge in New York on Sept. 16 granted final approval of a $486 million settlement in a securities class action lawsuit between shareholders and certain of its executive officers, ruling that the settlement is fair, reasonable and adequate (In re Pfizer Inc. Securities Litigation, No. 04-9866, S.D. N.Y.).
WASINGTON, D.C. - A District of Columbia federal judge on Dec. 20 ordered the U.S. Treasury Department to produce more than 100 documents it has withheld in a civil action against the Pension Benefit Guaranty Corp. (PBGC), saying that Treasury has "miserably failed" to explain its deliberative process privilege claims (U.S. Department of the Treasury v. Pension Benefit Guaranty Corp., v. Dennis Black, et al., No. 12-mc-100, D. D.C.; 2016 U.S. Dist. LEXIS 175656).
SAN DIEGO - A California federal judge on Dec. 20 granted a clothing retailer's motion to dismiss a consumer's claims for violation of California's unfair competition law (UCL) and claims for false advertising in relation to its pricing, finding that she failed to allege facts to support her class action claims (Courtney Dennis v. Ralph Lauren Corporation, No. 16cv1056, S.D. Calif.; 2016 U.S. Dist. LEXIS 176856).
DENVER - A proposed class complaint accusing a company of failing to be upfront on its website about its monthly fees belongs in federal, not state, court under the Class Action Fairness Act (CAFA) once the traditional meaning of the term "in controversy" is applied, a 10th Circuit U.S. Court of Appeals panel ruled Dec. 20, reversing a district court's decision (Elizabeth Hammond v. Stamps.com, Inc., No. 16-2243, 10th Cir.; 2016 U.S. App. LEXIS 22600).
LOS ANGELES - The defendants in a putative class action alleging that the University of Southern California's (USC) 403(b) retirement plans charged excessive fees moved Dec. 19 in California federal court for an order compelling individual, nonclass arbitration and dismissal or, in the alternative, staying all proceedings pending the resolution of arbitration (Allen L. Munro, et al. v. University of Southern California, et al., No. 2:16-cv-06191, C.D. Calif.).
DALLAS - A journalist who suffered an epileptic seizure after receiving a tweet from an anonymous poster containing a strobe image was granted leave by a Texas judge on Dec. 19 to depose a representative of Twitter Inc. to obtain identifying information about the Doe poster for the purpose of pursuing legal action against him or her (In re: Petition of Kurt Eichenwald Requesting Pre-suit Deposition under Rule 202, No. DC-16-16077, Texas Dist., Dallas Co.).
HOUSTON - In a breach of contract lawsuit, a Texas federal judge on Dec. 20 excluded in part testimony from both parties involved in a dispute over an agreement for the supply of crude oil (Musket Corp. v. Suncor Energy [U.S.A.] Marketing Inc., No. 15-100, S.D. Texas; 2016 U.S. Dist. LEXIS 175601).