SAN FRANCISCO - Parties involved in case in which California's Accrediting Commission for Community and Junior Colleges (ACCJC) was accused of engaging in practices that violated the unlawful prong of the state's unfair competition law (UCL) when, in 2013, it terminated City College of San Francisco's (CCSF) accreditation, on April 1 filed a stipulation to dismiss an appeal following a February decision by a state court issuing a final injunction and judgment in the case that provides the CCSF a new option to secure its accreditation (People of the State of California ex rel. Dennis Herrera, San Francisco City Attorney v. Accrediting Commission for Community and Junior Colleges, No. A141237, Calif. App., 1st Dist., Div. 4).
CINCINNATI - A collective bargaining agreement (CBA) unambiguously required employer signatories to make fringe benefit contributions for all hours worked by their employees, regardless of whether those hours were for covered employment, the Sixth Circuit U.S. Court of Appeals affirmed April 1 in an unpublished opinion (Bunn Enterprises, Inc., et al. v. Ohio Operating Engineers Fringe Benefit Programs, et al., No. 14-3255, 6th Cir.; 2015 U.S. App. LEXIS 5425).
SAN JOSE, Calif. - After previously dismissing a putative class action targeting Google Wallet, a California federal judge on April 1 found that many of the previous defects had been cured, permitting claims for breach of contract and violation of California's unfair competition law (UCL) to survive a dismissal motion by Google Inc. (Alice Svenson v. Google Inc., et al., No. 5:13-cv-04080, N.D. Calif.; 2015 U.S. Dist. LEXIS 43902).
PITTSBURGH - No link exists between a couple's 2014 asbestos action alleging exposure between 1964 and 2000 and defendant US Airways Inc.'s 2002 bankruptcy, a federal judge held March 31 in granting remand (Ronald P. Abbott, Mary L. Abbott v. The Boeing Co., et al., No. 15-331, W.D. Pa.; 2015 U.S. Dist. LEXIS 42347).
COLUMBUS, Ohio - An Ohio court of claims properly dismissed an inmate's asbestos exposure action as involving constitutional claims over which it lacked jurisdiction, an Ohio appeals court held March 31 (Ronald E. Harris II v. Department of Rehabilitation and Correction, No. 14AP-668, Ohio App., 10th Dist.; 2015 Ohio App. LEXIS 1203).
SAN JOSE, Calif. - Deeming a proposed settlement between Google Inc. and a proposed class to be fair, a California federal judge on March 31 granted final approval a year after preliminarily approving it, disposing of the class action related to alleged privacy violations related to user information purportedly revealed to third parties via "referrer headers" created from search query results (In Re Google Referrer Header Privacy Litigation, No. 10-cv-04809, N.D. Calif.).
SAN JOSE, Calif. - A federal judge in California on March 31 granted preliminary approval of a nearly $25 million securities class action settlement, ruling that the settlement has met all statutory requirements for approval (In re Celera Corp. Securities Litigation, No. 10-2604, N.D. Calif.; 2015 U.S. Dist. LEXIS 42228).
WASHINGTON, D.C. - The Medicare statute precludes a hospital's challenge to reimbursement calculations made under the amended rules of the Patient Protection and Affordable Care Act (ACA), a federal judge in the District of Columbia held March 31 (Florida Health Sciences Center Inc., d/b/a Tampa General Hospital v. Secretary U.S. Department of Health and Human Services, No. 14-0791, D. D.C.; 2015 U.S. Dist. LEXIS 42650).
XIAMEN, China - A gold holding company on April 1 announced that a Chinese arbitration commission has accepted request for arbitration filed by its subsidiary against another company in relation to a mining dispute.
LAKE CHARLES, La. - A Louisiana appeals panel on April 1 held that the circumstances surrounding outrageous conduct alleged against a professor insured cannot be viewed absent a claim of a delusional episode, rejecting a homeowners insurer's argument that coverage is barred as an intentional act or as undertaken as part of a business pursuit (Kacie Renee Spears v. Shelter Mutual Insurance Company, et al., No. 14-1191, La. App., 3rd Cir.; 2015 La. App. LEXIS 641).
TRENTON, N.J. - A disability insurer did not abuse its discretion in terminating a long-term disability benefits claim because the evidence supports the insurer's decision to terminate benefits, a New Jersey federal judge said March 31 (Frank Reed v. Citigroup Inc. et al., No. 12-2934, D. N.J.; 2015 U.S. Dist. LEXIS 43364).
MOBILE, Ala. - A commercial general liability insurer has no duty to defend or indemnify an insured against two underlying construction defect lawsuits, an Alabama federal judge ruled April 1, granting default judgment in favor of the insurer (Essex Insurance Co. v. J & J Masonry LLC, et al., No. 14-2138, N.D. Ala.; 2015 U.S. Dist. LEXIS 42336).
BAINBRIDGE, Ga. - A state court jury on April 2 awarded $150 million to the family of a 4-year-old boy who died in a fire after the 1999 Jeep Grand Cherokee in which he was riding was involved in a rear-end collision (James B. Walden, et al. v. Chrysler Group LLC, No. 12-CV-472, Ga. Super., Decatur Co.).
CHICAGO - A contractor's insurer has no duty to defend or indemnify a subrogated homeowners insurer for damages caused by the contractor's alleged defective workmanship, an Illinois federal judge ruled March 31 (AMCO Insurance Co. v. Northern Heritage Builders LLC and American Family Insurance Co., No. 12-09071, N.D. Ill.; 2015 U.S. Dist. LEXIS 41341).
PHOENIX - Because an insured failed to identify any sudden or accidental discharge that caused groundwater and soil contamination at an insured site, the applicable policies' pollution exclusions can be applied to preclude coverage for the contamination, an Arizona federal judge said March 31 (Nammo Talley Inc. v. Allstate Insurance Co. et al., No. 11-01007. D. Ariz.; 2015 U.S. Dist. LEXIS 43696).
NEWARK, N.J. - A federal judge in New Jersey on April 1 granted an insurer's motion to set aside default in an insurance breach of contract and bad faith lawsuit, ruling that the insurer has presented meritorious defenses and that granting the motion will not prejudice the insureds that brought the action (Robert J. Ryan, et al. v. Liberty Mutual Insurance, No. 14-6308, D. N.J.; 2015 U.S. Dist. LEXIS 42660).
ATLANTA - After finding that a lawsuit filed by borrowers in relation to their mortgage was barred by a previous case they filed, the 11th Circuit U.S. Court of Appeals on April 2 affirmed dismissal of the action (John H. McCulley, et al. v. Bank of America N.A., No. 14-12713, 11th Cir.; 2015 U.S. App. LEXIS 5284).
ATLANTIC CITY, N.J. - A judge overseeing New Jersey's Accutane litigation on April 2 granted summary judgment to Accutane manufacturer Hoffman-La Roche after finding that as a matter of law, the drug's post-April 2002 warnings about inflammatory bowel disease (IBD) are sufficient to overcome the state's rebuttable presumption of adequacy (In Re: Accutane Litigation, No. 271, N.J. Super., Atlantic Co.).
PHILADELPHIA - A Pennsylvania federal court properly found that a former child welfare services caseworker did not adequately plead a discrimination claim against his employer under the Americans with Disabilities Act or the Pennsylvania Human Relations Act and that his due process rights were not violated, the Third Circuit U.S. Court of Appeals held April 1 in a nonprecedential opinion (Stefano Kiniropoulos v. Northampton County Child Welfare Service, No. 14-2857, 3rd Cir.; 2015 U.S. App. LEXIS 5217).