FRESNO, Calif. - A California federal judge on March 3 adopted in full a magistrate judge's January recommendation to approve a $900,000 settlement to be paid by CVS Pharmacy Inc. to end wage claims brought by distribution center workers (Leticia Ceja-Corona, et al. v. CVS Pharmacy, Inc., No. 12-1868, E.D. Calif.; 2015 U.S. Dist. LEXIS 25730).
CHICAGO - Lumber Liquidators Inc. allegedly misrepresented the amount of formaldehyde, a known carcinogen, in laminate hardwood flooring it sold that was manufactured in China, an Illinois woman says in a class action lawsuit filed March 4 in Illinois federal court (Sarah Bloomfield, et al. v. Lumber Liquidators Inc., et al., No. 15-cv-1956, N.D. Ill.).
SAN FRANCISCO - A California woman on March 4 filed a class action lawsuit in federal court against Lumber Liquidators Inc., claiming that the company violated state consumer fraud laws by selling laminate flooring manufactured in China that contains levels of formaldehyde that exceed limits allowed by the state (Shelley Conte, et al. v. Lumber Liquidators Inc., et al., No. 15-cv-1012-JCS, N.D. Calif.).
SANTA ANA, Calif. - Noting a moving defendant's failure to show significant prejudice from a plaintiff's failure to comply with certain portions of its discovery requests, and in light of a subsequent submission of comparable evidence, a California federal magistrate on March 3 granted in part the defendant's motion for sanctions, awarding only a small portion of the award sought (Oculu LLC v. Oculus VR Inc., No. 8:14-cv-00196, C.D. Calif.).
CHICAGO - A Nevada doctor need not defend against patent infringement allegations in Illinois federal court, thanks to a March 3 ruling by U.S. Judge Edmond E. Chang of the Northern District of Illinois (Addiction and Detoxification Institute LLC v. Thomas C. Yee, No. 14-5648, N.D. Ill.; 2015 U.S. Dist. LEXIS 25716).
FORT LAUDERDALE, Fla. - A Florida federal magistrate judge on March 4 ordered a copyright and trademark infringement plaintiff to hand over evidence relating to its finances from 2010 to the present (Exist Inc. v. ESY Inc., No. 14-62429, S.D. Fla.; 2015 U.S. Dist. LEXIS 26248).
SACRAMENTO, Calif. - A regulatory agency in the State of California on March 3 announced that it had ordered the closure of 12 underground injection wells used by hydraulic fracturing companies. The California Division of Oil, Gas and Geothermal Resources (DOGGR) said the wells needed to be closed to protect groundwater aquifers.
PHILADELPHIA - A suit filed March 3 in state court in Pennsylvania alleges that defects in an Army helicopter caused a crash during an exercise in Afghanistan, killing one serviceman and severely injuring a second (Jonathon Kohl, et al. v. Triumph Group Inc., March Term, 2015, No. 000354, Pa. Comm. Pls., Philadelphia Co.).
JACKSON, Miss. - Pending briefing and discovery, a Mississippi federal judge on March 2 granted a motion by Google Inc. to preliminarily enjoin a subpoena Mississippi Attorney General (AG) Jim Hood served on the Internet giant in conjunction with his efforts to curb online piracy and the sale of counterfeit prescription drugs (Google Inc. v. Jim Hood, No. 3:14-cv-00981, S.D. Miss.).
PIKEVILLE, Ky. - An insurance policy states that there is no duty to defend or indemnify for underlying claims arising from an insured's faulty workmanship; however, there are factual issues regarding whether the insurer's insurance agent represented that the insurer would have such duties, a Kentucky federal judge ruled March 3 (Essex Insurance Co. v. Ricky Robinson Construction Inc., et al., No. 12-143, E.D. Ky.; 2015 U.S. Dist. LEXIS 26425).
NEW YORK - A commercial general liability insurer has a duty to indemnify an insured for an underlying judgment arising out of its alleged construction defects on a home, a New York federal judge ruled March 4 (Joseph Uvino and Wendy Uvino v. Harleysville Worcester Insurance Co., et al. v. J. Barrows Inc., No. 13-4004, S.D. N.Y.; 2015 U.S. Dist. LEXIS 26441).
NASHVILLE, N.C. - Opening statements wrapped up March 3 in a suit alleging that the failure of Ford Motor Co. to include a three-point seat belt for center rear passengers in its 1999 model year Escort caused a teenager to become paralyzed when the car in which he was riding was struck by a driver who ran a stop sign (Amos Tyndall, as guardian ad litem for Che-Val Batts, v. Ford Motor Co., et al., No. 11-CVS-86, N.C. Super., Nash Co.).
TRENTON, N.J. - A New Jersey appeals panel on March 4 affirmed a lower court's ruling that there is no coverage under a businessowner policy for a $300,000 theft at a pharmacy that was facilitated by the pharmacy's former employee (Union Hill Supremo Pharmacy v. Franklin Mutual Insurance Co., No. A-3883-13T2, N.J. Super., App. Div.; 2015 N.J. Super. Unpub. LEXIS 432).
WHEELING, W.Va. - The federal judge in West Virginia presiding over the royalty dispute between a group of West Virginia landowners and a hydraulic fracturing company regarding allegations that the company failed to pay the landowners' royalties pursuant to their leases, on March 2 referred the plaintiffs' motion to compel discovery to a magistrate judge (Patrick D. Leggett, et al. v. EQT Production Company, et al., No. 13-0004, N.D. W.Va.).
DETROIT - A Michigan federal judge on March 4 adopted a magistrate judge's report and recommendation that claims asserted against a bank and mortgage entity for violation of the Truth in Lending Act (TILA) should be dismissed as a time-barred and that the bank was not precluded from foreclosing on the property (Roy Laues-Gholston, et al. v. HSBC Mortgage Sevices, et al., No. 13-12463, E.D. Mich.; 2015 U.S. Dist. LEXIS 26100).
RALEIGH, N.C. - A North Carolina man on March 4 filed a federal class action lawsuit against Lumber Liquidators Inc., alleging that Chinese-made laminate hardwood flooring he purchased and installed in his home in August 2013 is defective because it shrinks and cracks easily and contains an excessive amount of formaldehyde (Michael Caiola, et al. v. Lumber Liquidators Inc., et al., No. 15cv37, E.D. N.C.).
ROCHESTER, N.Y. - Allegations of legal malpractice levied against a law firm in connection with its alleged failure to provide timely notice of alleged patent infringement will proceed, thanks to a March 4 denial of summary judgment by a New York federal judge (Oak Forest Products Inc., et al. v. Hiscock & Barclay LLP, No. 12-6453, W.D. N.Y.).
CINCINNATI - The Sixth Circuit U.S. Court of Appeals on March 2 affirmed a trial court's decision to deny a vehicle maker's request to file an amended complaint, finding that its claims for violation of the Racketeer Influenced and Corrupt Organizations Act were already dismissed by a Hong Kong arbitration tribunal (V Cars LLC v. Chery Automobile Co. Ltd., No. No. 13-2731, 6th Cir.; 2015 U.S. App. LEXIS 3469).
OKLAHOMA CITY - The federal judge presiding over a lawsuit brought by Oklahoma residents who contend that they were injured from exposure to radioactive waste from a chemical plant operated by Halliburton Energy Services Inc. (HESI) on March 3 denied the residents class certification (Mitchell L. McCormick v. Halliburton Energy Services Inc., No. 11-01272, W.D. Okla.).
ST. PAUL, Minn. - There is no legally sufficient evidence to show that a 1996 Toyota Camry involved in a fatal accident was defectively designed, Toyota Motor Corp. argues in a motion filed March 3 in the U.S. District Court for the District of Minnesota (Bridgette Trice, et al. v. Toyota Motor Corp., et al., Nos. 10-2802, 10-2803, 10-2804, 10-2805, D. Minn.).
TRENTON, N.J. - Two claims of a patented formulation for the treatment of osteoporosis were deemed invalid as obvious on March 4 by a New Jersey federal judge (Warner Chilcott Co. et al. v. Teva Pharmaceuticals Inc., No. 11-6936, D. N.J.; 2015 U.S. Dist. LEXIS 26207).
SAN JOSE, Calif. - A California federal judge on March 3 granted a motion for preliminary approval of a $415 million settlement with Adobe Systems Inc., Apple Inc., Google Inc. and Intel Corp. on employees' claims that the high-tech companies conspired to fix and suppress employee compensation and to restrict employee mobility by entering into agreements not to compete for one another's employees in violation of federal antitrust law (In Re: High-Tech Employee Antitrust Litigation, No. 11-2509, N.D. Calif.).