SALT LAKE CITY - A federal magistrate judge in Utah on April 28 denied a motion to quash a subpoena for a deposition filed by a former senior officer at Atlantic Richfield Co., finding that the woman may have relevant information about operations the company conducted at a site that is subject of a Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) lawsuit (Asarco LLC v. Noranda Mining Inc., No. 12-cv-00527, D. Utah; 2015 U.S. Dist. LEXIS 55650).
OAKLAND, Calif. - Reconsideration of a securities class action ruling denying a motion to dismiss filed by a corporation and certain of its executive officers is not proper because the lead plaintiff in the action properly pleaded his claims for violation of federal securities laws, a federal judge in California ruled April 28 (In re Zynga Inc. Securities Litigation, No. 12-4007, N.D. Calif.).
TAMPA, Fla. - A Florida woman who sued over unsolicited political calls placed to her cell phone failed to prove commonality in her motion for class certification, a Florida federal judge ruled April 27 (Lori Shamblin, et al. v. Obama for America, et al., No. 13-2428, M.D. Fla.; 2015 U.S. Dist. LEXIS 54849).
LOS ANGELES - In response to a joint motion by the parties in a consolidated class action brought by former employees of Sony Pictures Entertainment Inc. related to the company's recent data breach, a California federal judge on April 28 submitted the matter to private mediation (Michael Corona, et al. v. Sony Pictures Entertainment Inc., No. 2:14-cv-09600, C.D. Calif.).
NEW ORLEANS - The federal judge in Louisiana overseeing litigation over allegedly defective Chinese-manufactured drywall on April 24 ordered Wal-Mart Stores Inc. and SunPin Solar Development LLC to produce records and representatives for depositions as to whether the companies were part of an agreement with a Taishan Gypsum Co. Ltd. subsidiary to construct solar panel roofs on Wal-Mart stores even though Taishan is barred from doing business in the country (In re: Chinese Manufactured Drywall Products Liability Litigation, MDL 2407, E.D. La.).
NEW YORK - A federal judge in New York on April 24 substantially dismissed federal claims in a securities class action lawsuit, ruling that shareholders failed to plead an actionable misstatement, scienter and loss causation in making a number of their claims (Barbara Strougo v. Barclays plc, et al., No. 14-5797, S.D. N.Y.; 2015 U.S. Dist. LEXIS 54059).
MINNEAPOLIS - The 23 member clubs of the National Hockey League should be required to produce documents related to the medical and health information of players who sustained concussive and subconcussive head injuries during play, class plaintiffs told the judge overseeing brain-injury litigation against the league in the U.S. District Court for the District of Minnesota on April 27 (In re: National Hockey League Players Concussion Injury Litigation, MDL No. 14-2551, D. Minn.).
LEXINGTON, Ky. - A breach of contract case was stayed, in part, on April 28 by a Kentucky federal judge pending re-examination of two patents by the U.S. Patent and Trademark Office (Natural Alternatives LLC v. JM Farms, No. 12-333, E.D. Ky.; 2015 U.S. Dist. LEXIS 55271).
DENVER - A pedestrian seeking enhanced personal injury benefits after she was hit by a vehicle waived her class claims when she changed her arguments in the appellate court, the 10th Circuit U.S. Court of Appeals ruled April 28 (Roberta Folks v. State Farm Mutual Automobile Insurance Company, No. 13-1446, 10th Cir.; 2015 U.S. App. LEXIS 7061).
SEATTLE - A 2-1 panel of the Ninth Circuit U.S. Court of Appeals on April 27 overturned a federal judge in Washington's ruling remanding a groundwater contamination suit against The Boeing Co. and a company it hired to investigate and remediate contamination at the site, finding that the plaintiffs' lawsuit did not fall within the single local event exception to the Class Action Fairness Act (CAFA) (Jocelyn Allen, et al. v. The Boeing Company, et al., No. 15-13562, 9th Cir.; 2015 U.S. App. LEXIS 6868).
LOS ANGELES - A California woman on April 24 filed a class action lawsuit in federal court, accusing an online computer backup service provider of violating several state laws, including the unfair competition law (UCL), for failing to back up data as required, causing consumers to lose their data because they could neither restore nor retrieve the data in violation of several state laws (Sherry Orson v. Carbonite Inc., No. 15-3097, C.D. Calif.).
SAN FRANCISCO - Rideshare application (app) operator Uber Technologies Inc. may subpoena an Internet service provider (ISP) and a third-party website in its effort to uncover the identity of a John Doe defendant responsible for a data breach incident, a California federal magistrate judge ruled April 27, granting Uber's discovery motions, as well as a motion to seal those motions (Uber Technologies Inc. v. John Doe I, No. 3:15-cv-00908, N.D. Calif.; 2015 U.S. Dist. LEXIS 54915).
WASHINGTON, D.C. - A District of Columbia federal judge on April 23 denied a motion to remove two people as class representatives from an already settled dispute between Native American farmers and the U.S. secretary of Agriculture regarding claims of discriminatory government loan processing as well as a motion seeking an order compelling class counsel to produce certain materials (Marilyn Keepseagle, et al. v. Tom Vilsack, No. 99-3119, D. D.C.; 2015 U.S. Dist. LEXIS 53365).
SAN DIEGO - A California federal judge on April 23 granted final approval to an offer by Stanley Black & Decker Inc. and other related entities to pay $4.97 million to settle a wage-and-hour class complaint (Donovan Long, et al. v. Stanley Black & Decker, Inc., et al., No. 14-1246, S.D. Calif.; 2015 U.S. Dist. LEXIS 53595).
ST. LOUIS - MI Holdings Inc., which was sued by a Missouri resident who contends that he suffered personal injuries as a result of exposure to radioactive material related to the Manhattan Engineering Project near the St. Louis Airport, on April 22 filed a brief in Missouri federal court contending that the resident's deadline for the production of material in discovery is "unreasonable" (Scott D. McClurg, et al. v. MI Holdings Inc., et al., No. 12-361 [consolidated], E.D. Mo.).
WASHINGTON, D.C. - The U.S. Supreme Court on April 27 granted certiorari to an online data aggregation service in a case pertaining to whether the lead plaintiff in a putative action brought under the Fair Credit Reporting Act (FCRA) needs to establish an injury in fact to have standing to sue under Article III of the U.S. Constitution (Spokeo, Inc. v. Thomas Robins, et al., No. 13-1339, U.S. Sup.).
SAN FRANCISCO - A federal judge in California on April 23 granted preliminary approval to a proposed class action settlement alleging that a mortgage lender and an insurer were involved in an unjust kickback scheme involving force-placed flood insurance, in violation of, among other things, the state's unfair competition law (UCL) (Stephen Ellsworth v. U.S. Bank, N.A., et al., No. 12-2506, N.D. Calif.; 2015 U.S. Dist. LEXIS 53625).
WASHINGTON, D.C. - A District of Columbia federal judge on April 23 declined to strike class allegations brought by applicants and employees of Washington Metropolitan Area Transit Authority (WMATA) who allege that the authority's background check policy that disqualifies from employment individuals with a criminal history disproportionately excludes black applicants and employees (Erick Little, et al. v. Washington Metropolitan Area Transit Authority, et al., No. 14-1289, D. D.C.; 2015 U.S. Dist. LEXIS 53367).
WORCESTER, Mass. - Individuals who signed up to participate in an obstacle course event and then sued the organizers after the event was moved to a different location must arbitrate their claims individually, a Massachusetts federal judge ruled April 22, dismissing the participants' class complaint (Lisa C. Pazol, et al. v. Tough Mudder Incorporated, et al., No. 14-40180, D. Mass.; 2015 U.S. Dist. LEXIS 52784).
COLUMBUS, Ohio - A federal judge in Ohio on April 23 granted in part and denied in part an insurer's motion for judgment on the pleadings in an insurance breach of contract and bad faith lawsuit, ruling that an insured properly pleaded a number of her claims (Sheela K. O'Donnell v. Financial American Life Insurance Co., No. 14-1071, S.D. Ohio; 2015 U.S. Dist. LEXIS 53519).
NEWARK, N.J. - Two New York residents filed a class complaint on April 21 against New Jersey Devils LLC in the U.S. District Court for the District of New Jersey, alleging that the hockey team improperly prohibits them and other season ticket holders from selling individual or blocks of game tickets (Rey Olsen, et al. v. New Jersey Devils, LLC, No. 15-2807, D. N.J.).
PHILADELPHIA - The federal judge overseeing the multidistrict litigation against the National Football League on April 22 gave final approval to a settlement of the litigation that makes upward of $765 million available to former players who suffer from brain injuries (In re: National Football League Players Concussion Injury Litigation, MDL No. 2323, No. 2:12-md-02323 [AB]; E.D. Pa.).
MINNEAPOLIS - A month after a settlement agreement between Target Corp. and a consumer class in a lawsuit over a 2013 data breach was preliminarily approved by a federal judge, the retailer on April 22 filed notice of the proposed settlement with an estimated 60 million customers in Minnesota federal court and with the attorneys general of the class members' states, in compliance with the judge's order (In re: Target Corporation Customer Data Security Breach Litigation, No. 0:14-md-02522, D. Minn.).
TORONTO - A Canadian resource company on April 23 announced that it has held a second series of meetings with the government of Mongolia in an attempt to reach a settlement in relation to an award issued in its favor by the Permanent Court of Arbitration (PCA).
WESTPORT, Conn. - An energy group on April 22 announced that an international tribunal has issued an award, finding that a stock purchase agreement is void.