VANCOUVER, British Columbia - A Canadian mining firm on Aug. 31 announced in a news release that an arbitrator has issued an award in its favor, ordering a Texas entity and its Mexican affiliate to pay it $468,726.92 in costs and expenses that were incurred while challenging the arbitrability of a dispute in Mexico (Goldgroup Mining Inc. v. Dyna USA Inc., et al., No. No. 50-20-1400-0226, ICDR).
SAN FRANCISCO - The Golden State Warriors was named as a co-defendant in a putative class action in California federal court Aug. 29, with a plaintiff alleging that the National Basketball Association team's mobile phone app illegally intercepts and records users' private conversations in violation of the Electronic Communications Privacy Act (Latisha Satchell v. Sonic Notify Inc. d/b/a Signal360, et al., No.3:16-cv-04961, N.D. Calif.).
TYLER, Texas - Determining that a securities class action lawsuit meets the Federal Rules of Civil Procedure 23(a) and 23(b)(2) requirements for class certification, a federal magistrate judge in Texas on Aug. 29 recommended that a class certification motion be granted and a pension fund be appointed as lead plaintiff (Alan B. Marcus v. J.C. Penney Co. Inc., et al., No. 13-0736, E.D. Texas; 2016 U.S. Dist. LEXIS 115795).
RICHMOND, Va. - A woman on Aug. 26 filed a proposed class action lawsuit against a smoothie chain in Virginia state court, claiming that berries used in the restaurants' smoothies were infected with hepatitis A (HAV) (Laura L. Pyka v. TLC Tropical Smoothie LLC, No. CL16003893-00, Va. Cir., Richmond City).
PHOENIX - The Arizona federal judge overseeing the C.R. Bard inferior vena cava (IVC) filter multidistrict litigation on Aug. 29 denied the plaintiffs' motion to depose a defendant executive, saying the would-be deponent doesn't have unique knowledge that the plaintiffs haven't shows they can't get their answers elsewhere (In Re: Bard IVC Filters Products Liability Litigation, MDL Docket No. 2641, No. 15-md-2641, D. Ariz.).
OWENSBORO, Ky. - A disability insurer must produce information related to its disability medical claims reviewers, a Kentucky federal magistrate judge said Aug. 26, rejecting the insurer's argument in its motion for reconsideration that producing the information would create an undue burden on the insurer (Paulette Owes v. Liberty Life Assurance Company of Boston, No. 15-71, W.D. Ky.; 2016 U.S. Dist. LEXIS 114470
ORLANDO, Fla. - A federal magistrate judge in Florida on Aug. 30 denied plaintiffs' motion to compel Pulte Home Corp. to produce the names and addresses of individuals who purchased homes built with allegedly defective stucco, explaining that the requested information is not typically discoverable in the precertification stage (Shaun Parker Gazzara, et al. v. Pulte Home Corporation, No. 16-cv-657-Orl-31TBS, M.D. Fla.; 2016 U.S. Dist. LEXIS 116064).
LOS ANGELES - A California federal judge on Aug. 26 denied a motion for certification of a class of bus drivers bringing wage-and-hour claims, finding that class counsel does not meet Federal Rule of Civil Procedure 23's adequacy requirement (James Motty, et al. v. First Student, Inc., et al., No. 15-7463, C.D. Calif.; 2016 U.S. Dist. LEXIS 114948).
DETROIT - A Michigan federal judge on Aug. 29 denied a "placeholder" motion filed by the named plaintiff in a proposed Telephone Consumer Protection Act (TCPA) class suit, finding that the motion is unnecessary in light of the decision in Campbell-Ewald Co. v. Gomez (136 S. Ct. 663, 666, 193 L. Ed. 2d 571 ) (Compressor Engineering Corporation, et al. v. Comfort Control Supply Company, Inc., et al., No. 16-11726, E.D. Mich.; 2016 U.S. Dist. LEXIS 115389).
CHICAGO - An Illinois federal judge on Aug. 29 granted final approval of a $12.1 million settlement, ending a consolidated class complaint accusing a mortgage lender of placing unauthorized debt collection calls, but reduced the fees for class counsel from 36 percent to 30 percent of the net settlement fund (Heather Wright, et al. v. Nationstar Mortgage LLC, No. 14-10457, N.D. Ill.; 2016 U.S. Dist. LEXIS 115729).
DENVER - The 10th Circuit U.S. Court of Appeals on Aug. 31 refused to rehear a Chinese company's appeal of a decision to dismiss its petition to confirm an arbitral award that was issued in its favor, denying its petition for rehearing en banc (CEEG [Shanghai] Solar Science & Technology Co., Ltd. v. Lumos Solar LLC, No. 15-1256, 10th Cir.).
CLEVELAND - Mobile homeowners' misrepresentation claims do not arise out of events that sought damages for an 'occurrence' under a commercial general liability insurance policy and umbrella policy, an Ohio federal judge ruled Aug. 26, finding that the insurer had no duty to defend and indemnify claims filed in a class action lawsuit (Lakeside Terrace Homes Sales Ltd., et al. v. Arrowood Indemnity Co., No. 15-1794, N.D. Ohio; 2016 U.S. Dist. LEXIS 114828).
SAN JUAN, Puerto Rico - After finding that borrowers failed to meet the payment obligations of their mortgage, a Puerto Rico federal magistrate judge on Aug. 25 granted summary judgment in favor of an asset company on its claims related to foreclosure of the property (Roosevelt Cayman Asset Company v. Jorge Luis Oquendo-Robles, et al., No. 15-1268, D. Puerto Rico; 2016 U.S. Dist. LEXIS 115118).
LOS ANGELES - A California federal judge on Aug. 26 denied a motion to temporarily enjoin three state court cases filed against the maker of a line of hair products that allegedly cause hair loss, finding that the state courts do not threaten settlement of a federal class action that makes similar hair loss claims (Amy Friedman, et al. v. Guthy-Renker LLC, et al., No. 14-6009, C.D. Calif.; 2016 U.S. Dist. LEXIS 114934).
DETROIT - A Michigan federal judge on Aug. 26 excluded partial testimony in an insurance coverage dispute on the remaining issue as to whether an insured's property was located within a 100-year floodplain at the time of its loss (Federal-Mogul Corp. v. Insurance Company of the State of Pennsylvania, No. 12-12005, E.D. Mich.; 2016 U.S. Dist. LEXIS 114573).
SAN JOSE, Calif. - Following an Aug. 25 hearing, a California federal judge granted approval that same day of a settlement agreement disposing of a class action over Yahoo Inc.'s scanning of emails, awarding the class $4 million in costs and fees and $20,000 in service awards (In Re Yahoo Mail Litigation, No. 5:13-cv-04980, N.D. Calif.; 2016 U.S. Dist. LEXIS 115056).
BALTIMORE - A Maryland federal judge on Aug. 24 consolidated two Employee Retirement Income Security Act class actions against Bon Secours Health System Inc. and appointed interim lead class counsel (Arlene Hodges, et al. v. Bon Secours Health System Inc., et al., No. RDB-16-1079, Carolyn Miller, et al. v. Bon Secours Health System Inc., et al., No. RDB-16-1150, D. Md.; 2016 U.S. Dist. LEXIS 113414).
MADISON, Wis. - A federal judge in Wisconsin on Aug. 25 ruled that an insurance company has no duty to defend a manufacturer accused of making allegedly defective windows, finding that the Wisconsin Supreme Court's ruling in Wisconsin Pharmacal Co. LLC v. Nebraska Cultures of California Inc. (2016 WI. 14, 367 Wis. 2d 221 ) made it clear that the integrated systems rule is applicable and does not require the insurer to provide coverage for damage caused to the homes of purchasers of the windows (Mary Haley, et al. v. Kolbe & Kolbe Millwork Co. Inc., No. 14-cv-99, W.D. Wis.; 2016 U.S. Dist. LEXIS 113752).
ORLANDO, Fla. - A financial adviser's discounted cash flow method is appropriate to determine the lost damages in a telecommunications agreement, a Florida federal judge ruled Aug. 24, declining to exclude the adviser's testimony (Local Access LLC and Blitz Telecom Consulting LLC v. Peerless Network Inc. v. Local Access LLC, No. 14-399, M.D. Fla.; 2016 U.S. Dist. LEXIS 112885).
ATLANTA - Following a Georgia federal judge's final approval of a $13 million settlement between The Home Depot Inc. and a class of consumers suing over a 2014 data breach, judgment was issued on Aug. 24 memorializing an accompanying award of almost $7.8 million in service awards for the class (In re: The Home Depot Inc., Customer Data Security Breach Litigation, No. 1:14-md-02583, N.D. Ga.).
WASHINGTON, D.C. - The U.S. Supreme Court on Aug. 24 put on its docket a widow's appeal of an appellate court ruling that affirmed the dismissal of her wrongful death lawsuit against Shell Oil Co. for her husband's alleged exposure to gasoline containing benzene (Yolande Burst v. Shell Oil Company, et al., No. 16-241, U.S. Sup.).
ST. PAUL, Minn. - A loan referral firm's sending of more than 1,000 solicitation emails to recipients it knew were in Minnesota constituted sufficient contacts to establish jurisdiction over it in the state, the en banc Minnesota Supreme Court ruled Aug. 24, affirming two lower court rulings in a consumer protection class action (Scott Rilley, et al. v. MoneyMutual LLC, No. A14-1307, Minn. Sup.; 2016 Minn. LEXIS 526).
NEW YORK - Although a federal district court did not err in dismissing a federal securities class action complaint against BlackBerry Limited and certain of its former executive officers for failure to plead scienter, it is unclear whether newly discovered evidence submitted by lead plaintiffs was insufficient to determine whether the court properly denied their motion for reconsideration, a Second Circuit U.S. Court of Appeals panel ruled Aug. 24 (Todd Cox, et al. v. BlackBerry Limited, et al., No. 15-3991, 2nd Cir.).
NEW YORK - A group of London market reinsurers on Aug. 23 told a federal court in New York that it should not allow the alleged owner of a reinsured to intervene in a reinsurance arbitration dispute because the motion to intervene is untimely (Certain Underwriting Members at Lloyd's, London v. Insurance Company of the Americas, No. 16-cv-00323, S.D. N.Y.).
LONDON - An English oil and gas company on Aug. 26 confirmed that it has been named as the respondent in an international arbitration related to the selection of a contractor for the drilling of wells.