LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Defendants To Pay $64M To Settle Claims In Long-Running Securities Suit

TOLEDO, Ohio - Defendants in a long-running securities class action lawsuit will pay $64 million to settle claims that they misrepresented a company's business and financial condition in violation of federal securities laws, according to a motion for preliminary approval of settlement filed in Ohio federal court on July 14 (Plumbers & Pipefitters National Pension Fund, et al. v. Michael Burns, et al., No. 05-7393, N.D. Ohio).

Mealey's Securities/D&O Liability - Defendants To Pay $64M To Settle Claims In Long-Running Securities Suit

TOLEDO, Ohio - Defendants in a long-running securities class action lawsuit will pay $64 million to settle claims that they misrepresented a company's business and financial condition in violation of federal securities laws, according to a motion for preliminary approval of settlement filed in Ohio federal court on July 14 (Plumbers & Pipefitters National Pension Fund, et al. v. Michael Burns, et al., No. 05-7393, N.D. Ohio).

Mealey's Insurance - Business Enterprise Exclusion Precludes Coverage, Wisconsin Majority Affirms

MADISON, Wis. - A majority of the Wisconsin Supreme Court on June 30 affirmed that a professional liability errors and omissions insurance policy's business enterprise exclusion bars coverage for six underlying lawsuits against a professional trustee insured, finding that the insured relied on a "stunted strand of law" in arguing that the insurer has a duty to defend (David M. Marks v. Houston Casualty Co., et al., No. 2013AP2756, Wis. Sup.; 2016 Wisc. LEXIS 162).

Mealey's Litigation Procedure - Shareholders To Pay $8.5M To Settle Claims In Securities Class Action Lawsuit

PHILADELPHIA - Urban Outfitters Inc. and certain of its executive officers will pay $8.5 million to settle claims that they misrepresented the clothing retailer's business and financial condition in violation of federal securities laws, according to a stipulation of settlement filed June 8 in Pennsylvania federal court by the lead plaintiff in the action (In re Urban Outfitters Inc. Securities Litigation, No. 13-5978, E.D. Pa.; 2016 U.S. Dist. LEXIS 24915).

Mealey's Securities/D&O Liability - Shareholders To Pay $8.5M To Settle Claims In Securities Class Action Lawsuit

PHILADELPHIA - Urban Outfitters Inc. and certain of its executive officers will pay $8.5 million to settle claims that they misrepresented the clothing retailer's business and financial condition in violation of federal securities laws, according to a stipulation of settlement filed June 8 in Pennsylvania federal court by the lead plaintiff in the action (In re Urban Outfitters Inc. Securities Litigation, No. 13-5978, E.D. Pa.; 2016 U.S. Dist. LEXIS 24915).

Mealey's Antitrust/Unfair Competition - Judge Orders Business To Pay Damages For Unlawful Broadcast

LOS ANGELES - A California federal judge on May 26 granted summary judgment on numerous claims asserted by a commercial distributor of sporting events for violation of California's unfair competition law (UCL) and violation of certain broadcasting laws, ordering the owner of an establishment who unlawfully broadcast a program to pay damages (Joe Hand Promotions Inc. v. Danny Kim, No. 14-05951, C.D. Calif.; 2016 U.S. Dist. LEXIS 69413).

Mealey's IP/Tech - Federal Judge Finds UCL Claim Is Preempted By Copyright Act

SANTA ANA, Calif. - A California federal judge on May 25 found that a claim for violation of California's unfair competition law (UCL) and copyright infringement asserted by a meditation center business and its owners should be dismissed, finding that the UCL claim was preempted by copyright law and that the plaintiffs failed to allege substantial similarity in relation to the copyrighted works (Divine Dharma Meditation Int'l Inc., et al. v. Institute of Latent Energy Studies, No. 16-226, C.D. Calif.; 2016 U.S. Dist. LEXIS 68890).

Mealey's Antitrust/Unfair Competition - Federal Judge Finds UCL Claim Is Preempted By Copyright Act

SANTA ANA, Calif. - A California federal judge on May 25 found that a claim for violation of California's unfair competition law (UCL) and copyright infringement asserted by a meditation center business and its owners should be dismissed, finding that the UCL claim was preempted by copyright law and that the plaintiffs failed to allege substantial similarity in relation to the copyrighted works (Divine Dharma Meditation Int'l Inc., et al. v. Institute of Latent Energy Studies, No. 16-226, C.D. Calif.; 2016 U.S. Dist. LEXIS 68890).

Mealey's Labor & Employment - 7th Circuit: No Coverage For Suit Alleging Law Firms Breached Employment Agreement

CHICAGO - The Seventh Circuit U.S. Court of Appeals on May 16 affirmed a lower federal court's ruling that there is no coverage under the "employee benefits liability provision" of a business owners insurance policy for underlying claims that two law firms and their principals breached an employment agreement (Hartford Casualty Insurance Co. v. Karlin, Fleisher & Falkenberg, LLC, et al., No. 15-3417, 7th Cir.; 2016 U.S. App. LEXIS 8921).

Mealey's Insurance - 7th Circuit: No Coverage For Suit Alleging Law Firms Breached Employment Agreement

CHICAGO - The Seventh Circuit U.S. Court of Appeals on May 16 affirmed a lower federal court's ruling that there is no coverage under the "employee benefits liability provision" of a business owners insurance policy for underlying claims that two law firms and their principals breached an employment agreement (Hartford Casualty Insurance Co. v. Karlin, Fleisher & Falkenberg, LLC, et al., No. 15-3417, 7th Cir.; 2016 U.S. App. LEXIS 8921).

Mealey's Litigation Procedure - Investors Seek Preliminary Approval Of $41.5M Settlement In Securities Suit

ALEXANDRIA, Va. - Defendants in a securities class action lawsuit will pay more than $41 million to settle claims that they misrepresented a company's business and financial condition in violation of federal securities laws, according to a motion for preliminary approval of settlement filed in Virginia federal court on April 18 (In re NII Holdings Inc. Securities Litigation, No. 14-227, E.D. Va.).

Mealey's Securities/D&O Liability - Investors Seek Preliminary Approval Of $41.5M Settlement In Securities Suit

ALEXANDRIA, Va. - Defendants in a securities class action lawsuit will pay more than $41 million to settle claims that they misrepresented a company's business and financial condition in violation of federal securities laws, according to a motion for preliminary approval of settlement filed in Virginia federal court on April 18 (In re NII Holdings Inc. Securities Litigation, No. 14-227, E.D. Va.).

Mealey's Antitrust/Unfair Competition - Judge Seeks Briefing On Conflict Between States' Consumer Protection Laws

SAN FRANCISCO - A judge on April 15 asked for additional briefing on how to handle differences between California consumer protection laws and those of other states in a UCL, Business and Professions Code Section 17200, et seq., suit over an alleged misrepresentations about a joint supplement (Vincent D. Mullins, et al. v. Premier Nutrition Corp., No. 13-1271, N.D. Calif.; 2016 U.S. Dist. LEXIS 51139, 2016 U.S. Dist. LEXIS 51140).

Mealey's Toxic Tort/Environmental - Florida Appeals Court Finds Blunts Are Not Loose Tobacco Products

TALLAHASSEE, Fla. - A Florida appeals panel on April 6 found that blunt wraps used to wrap homemade cigars are not subject to taxation because they are not legally considered "loose tobacco" under Florida law, reversing an assessment against a company that sold blunts in the state between 2009 and 2011 (Brandy's Products Inc. v. Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, No. 1D15-3101, Fla. App. 1st Dist.; 2016 Fla. App. LEXIS 5244).

Mealey's Litigation Procedure - Judge Dismisses Claims Alleging Apple Misled About IPhone Capabilities

SAN JOSE, Calif. - Plaintiffs cannot point to sufficiently specific advertisements or claims made by Apple Inc. regarding the iPhone's Bluetooth or Wi-Fi capabilities, a federal judge in California held March 25 in dismissing unfair competition law (UCL), Business and Professions Code Section 17200, et seq., claims with prejudice (David Yastrab, et al. v. Apple Inc., No. 14-1974, N.D. Calif.).

Mealey's IP/Tech - Judge Dismisses Claims Alleging Apple Misled About IPhone Capabilities

SAN JOSE, Calif. - Plaintiffs cannot point to sufficiently specific advertisements or claims made by Apple Inc. regarding the iPhone's Bluetooth or Wi-Fi capabilities, a federal judge in California held March 25 in dismissing unfair competition law (UCL), Business and Professions Code Section 17200, et seq., claims with prejudice (David Yastrab, et al. v. Apple Inc., No. 14-1974, N.D. Calif.).

Mealey's Antitrust/Unfair Competition - Judge Dismisses Claims Alleging Apple Misled About IPhone Capabilities

SAN JOSE, Calif. - Plaintiffs cannot point to sufficiently specific advertisements or claims made by Apple Inc. regarding the iPhone's Bluetooth or Wi-Fi capabilities, a federal judge in California held March 25 in dismissing unfair competition law (UCL), Business and Professions Code Section 17200, et seq., claims with prejudice (David Yastrab, et al. v. Apple Inc., No. 14-1974, N.D. Calif.).

Mealey's Banking & Finance - Loan Modification Suit Ruling Affirmed By California Appeals Panel

SAN DIEGO - A California appeals panel on March 18 affirmed a ruling that a man who sued after being denied a loan modification did not state a valid claim under California's unfair competition law (UCL), Business and Professions Code Section 17200 (Jonah Mechanic v. Bank of America N.A., et al., No. D067080, Calif. App., 4th Dist., Div. 1; 2016 Cal. App. Unpub. LEXIS 2013).

Mealey's Antitrust/Unfair Competition - Loan Modification Suit Ruling Affirmed By California Appeals Panel

SAN DIEGO - A California appeals panel on March 18 affirmed a ruling that a man who sued after being denied a loan modification did not state a valid claim under California's unfair competition law (UCL), Business and Professions Code Section 17200 (Jonah Mechanic v. Bank of America N.A., et al., No. D067080, Calif. App., 4th Dist., Div. 1; 2016 Cal. App. Unpub. LEXIS 2013).

Mealey's Litigation Procedure - Judge Stays Insurance Action Challenging Higher Rates For Long-Term Customers

SAN FRANCISCO - A class action claiming that an insurer hid its use of a formula resulting in higher rates for long-term customers belongs before the state's insurance office, a federal judge in California held March 17 in staying unfair competition law (UCL), California Business and Professions Code Section 17200, et seq., claims (Andrea Stevenson v. Allstate Insurance Co., et al., No. 15-4788, N.D. Calif.; 2016 U.S. Dist. LEXIS 34923).

Mealey's Insurance - Judge Stays Insurance Action Challenging Higher Rates For Long-Term Customers

SAN FRANCISCO - A class action claiming that an insurer hid its use of a formula resulting in higher rates for long-term customers belongs before the state's insurance office, a federal judge in California held March 17 in staying unfair competition law (UCL), California Business and Professions Code Section 17200, et seq., claims (Andrea Stevenson v. Allstate Insurance Co., et al., No. 15-4788, N.D. Calif.; 2016 U.S. Dist. LEXIS 34923).

Mealey's Litigation Procedure - Woman's Competition Law Case Fails For Want Of Standing, Federal Judge Finds

LOS ANGELES - A woman's mere contention that she owns a defective heating system lacks sufficient specifics, a federal judge in California held March 17 in dismissing her unfair competition law (UCL), Business and Professions Code Section 17200, et seq., action for lack of standing (Joanna Park-Kim v. Daikin Industries Ltd., et al., No. 15-9523, C.D. Calif.; 2016 U.S. Dist. LEXIS 35565).

Mealey's Antitrust/Unfair Competition - Judge Stays Insurance Action Challenging Higher Rates For Long-Term Customers

SAN FRANCISCO - A class action claiming that an insurer hid its use of a formula resulting in higher rates for long-term customers belongs before the state's insurance office, a federal judge in California held March 17 in staying unfair competition law (UCL), California Business and Professions Code Section 17200, et seq., claims (Andrea Stevenson v. Allstate Insurance Co., et al., No. 15-4788, N.D. Calif.; 2016 U.S. Dist. LEXIS 34923).

Mealey's Banking & Finance - Woman's Competition Law Case Fails For Want Of Standing, Federal Judge Finds

LOS ANGELES - A woman's mere contention that she owns a defective heating system lacks sufficient specifics, a federal judge in California held March 17 in dismissing her unfair competition law (UCL), Business and Professions Code Section 17200, et seq., action for lack of standing (Joanna Park-Kim v. Daikin Industries Ltd., et al., No. 15-9523, C.D. Calif.; 2016 U.S. Dist. LEXIS 35565).

Mealey's IP/Tech - Administrative Law Judge Finds Chipotle's Social Media Policy Violates Labor Act

PHILADELPHIA - An administrative law judge (ALJ) on March 14 ruled that Chipotle Services LLC's (doing business as Chipotle Mexican Grill) social media code violates the National Labor Relations Act (NLRA) and that the fast food chain committed further violations by directing an employee to delete certain tweets, prohibiting the employee from circulating a petition challenging the chain's break policy and terminating the employee for his actions (Chipotle Services LLC d/b/a Chipotle Mexican Grill and Pennsylvania Workers Organizing Committee, a Project of the Fast Food Workers Committee, Nos. 04-CA-147314 and 04-CA-149551, NLRB Judges Div.).