FORT LAUDERDALE, Fla. - A man whose mother died in a Florida nursing home after the air conditioning system broke following Hurricane Irma filed suit on Sept. 15 against the home, its owners and administrative staff, seeking a pure bill of discovery and to preclude the home, its staff and owner from destroying evidence that could lead to who is responsible for his mother's death (Francis L. Lopez v. Rehabilitation Center At Hollywood Hills LLC, et al., No. CACE17016659, Fla. 17th Jud. Cir. Broward Co.).
SAN DIEGO - After finding that a consumer sufficiently pleaded that she relied on various representations regarding the health benefits of coconut oil, a California federal judge on Sept. 18 denied a motion filed by the maker of the product to dismiss the purchaser's claims for violation of California's unfair competition law (UCL) and other causes of action (Syndi Tracton v. Viva Labs Inc., No. 16-cv-2772, S.D. Calif., 2017 U.S. Dist. LEXIS 151178).
TAMPA, Fla. - A Florida federal judge on Sept. 14 denied an unopposed motion by the plaintiff in a Telephone Consumer Protection Act (TCPA) lawsuit to file the motion for class certification under seal, ruling that claims that information in the motion was declared confidential by the defendant is insufficient to overcome the public's right of access (Melanie Glasser, et al. v. Hilton Grand Vacations Company, LLC, No. 16-952, M.D. Fla., 2017 U.S. Dist. LEXIS 149332).
PASADENA, Calif. - A Ninth Circuit U.S. Court of Appeals panel on Sept. 15 reversed a trial court's decertification of a class of consumers suing a supplement maker for allegedly including false claims on the labels of its aphrodisiac supplements, ruling that the trial court abused its discretion when it based its decision on the lead plaintiff's inability to provide restitution damages through the full refund model (Troy Lambert, et al. v. Nutraceutical Corp., No. 15-56423, 9th Cir., 2017 U.S. App. LEXIS 17923).
COLUMBUS, Ohio - A cosmetics company is not entitled to summary judgment on a woman's claim that she contracted a methicillin-resistant Staph aureus (MRSA) infection from a makeover at one of the company's stores, an Ohio federal judge held Sept. 15 after finding that the opinions of the woman's causation experts are sufficiently reliable to be admitted at trial (Susan Welch Kelly, et al. v. Bare Escentuals Beauty, Inc., et al., No. 2:14-cv-1359, S.D. Ohio, 2017 U.S. Dist. LEXIS 150060).
CHICAGO - An Illinois federal judge on Sept. 15 denied a motion to dismiss a class complaint accusing Shutterfly Inc. of violating Illinois' Biometic Information Privacy Act (BIPA) by using facial recognition software to scan faces in uploaded images and then storing that data (Alejandro Monroy, et al. v. Shutterfly, Inc., No. 16-10984, N.D. Ill., 2017 U.S. Dist. LEXIS 149604).
ESPOO, Finland - Nokia Technologies on Sept. 18 announced that an international arbitral tribunal has issued a confidential award, resolving a dispute with an electronics company over a smartphone patent license.
SAN JOSE, Calif. - Voicing its intention to appeal a California federal judge's ruling ordering it to comply with a warrant issued under the Stored Communications Act (SCA) seeking production of foreign-stored user emails, Google Inc. on Sept. 13 moved for an order of civil contempt related to its noncompliance, to establish appellate jurisdiction (In re: Search of Content That is Stored at Premises Controlled by Google, No. 3:16-mc-80263, N.D. Calif.).
SAN FRANCISCO - A California federal judge on Sept. 14 awarded attorney fees and incentive awards following the $60.8 million settlement reached between Wal-Mart Stores Inc. and a class of drivers who brought wage claims against their employer, but in amounts below those requested by the plaintiffs (Charles Ridgeway, et al. v. Wal-Mart Stores Inc., No. 08-cv-05221, N.D. Calif., 2017 U.S. Dist. LEXIS 149440).
FRESNO, Calif. - A U.S. District Court for the Eastern District of California judge on Sept. 14 dismissed a class complaint accusing several gyms and their franchisor of violating the Electronic Funds Transfer Act (EFTA) following the transfer of memberships, but gave the plaintiffs one more opportunity to amend their complaint while warning them that the "Court's resources are limited" and that the amended pleadings "will be considered to be the best the parties can present" (Jogert Abrantes, et al. v. Fitness 19 LLC, et al., No. 16-903, E.D. Calif., 2017 U.S. Dist. LEXIS 149435).
GREENBELT, Md. - A Maryland federal judge on Sept. 15 awarded summary judgment to a utility contractor on an insurance company's claim that the contractor's negligence caused a house fire, after excluding the insurer's expert from testifying about the standard of care for the work at issue due to lack of a reliable methodology (American Strategic Insurance Corp. v. Scope Services, Inc., No. 15-2045, D. Md., 2017 U.S. Dist. LEXIS 149789).
STANTON, Ky. - A Kentucky Court of Appeals panel on Sept. 15 vacated certification of a class of customers suing United Propane Gas Inc. for breach of contract and other violations, finding the trial court's certification was deficient under Kentucky Rules of Civil Procedure 23.01, 23.02 and 23.03 (United Propane Gas, Inc. v. Faye Purcell, et al., No. 2016-CA-001037-MR, Ky. App., 2017 Ky. App. LEXIS 523).
NEW YORK - Newly uncovered evidence that could show that mobile device manufacturer BlackBerry Ltd. and certain of its former executive officers concealed declining sales of its new Z10 smartphone and other 10 series mobile devices is enough to warrant amendment of a shareholder class action complaint so that shareholders may properly plead the elements of their federal securities law claims, a federal judge in New York ruled Sept. 13 in granting the shareholders leave to amend (Marvin Pearlstein v. BlackBerry Ltd., et al., No. 13-7060, S.D. N.Y.; 2017 U.S. Dist. LEXIS 148479).
WASHINGTON, D.C. - A District of Columbia federal judge on Sept. 13 rescinded certification of a class of people who allege that they have been denied effective transition services by the District of Columbia, resulting in them being stuck in nursing facilities in violation of the integration mandate of Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act, finding that the plaintiffs failed to show the existence of "a concrete, systemic failure that entitles them to class-wide relief" (Ivy Brown, et al. v. District of Columbia, No. 10-2250, D. D.C., 2017 U.S. Dist. LEXIS 147939).
OAKLAND, Calif. - The lead plaintiff in a securities class action lawsuit against a clinical stage biopharmaceutical company relied on erroneous information in arguing that the company and certain of its senior executives concealed from investors certain adverse events observed in a phase III clinical trial for the company's hepatitis B drug in violation of federal securities laws, a federal judge in California ruled Sept. 12 in granting the defendants' motion to dismiss (In re Dynavax Securities Litigation, No. 16-6690, N.D. Calif., 2017 U.S. Dist. LEXIS 147760).
SAN FRANCISCO - Since a construction company seeks to assert claims for violation of California's unfair competition law (UCL) as representative claims under state law, rather than as class claims under federal law, a California federal judge on Sept. 12 denied an insurer's motion to strike parts of the company's complaint filed against it in relation to its issuance of general liability insurance policies (Albert D. Seeno Construction Company, et al. v. Aspen Insurance UK Limited, No. 17-cv-03765, N.D. Calif., 2017 U.S. Dist. LEXIS 147646).
VANCOUVER, British Columbia - A gold mining company on Sept. 14 announced that two Greek ministries have filed a formal notice of arbitration against it in Greece, asserting claims related to a technical study for a metallurgical plant.
COLUMBUS, Ohio - An Ohio federal judge on Sept. 11 granted a motion for certification filed by a class of nurses who allege that their employer erred by automatically deducting 30 minutes from their pay per day for a meal break even though the nurses often had to work during those breaks (Lynnett Myers, et al. v. Marietta Memorial Hospital, et al., No. 15-2956, S.D. Ohio, 2017 U.S. Dist. LEXIS 146233).
CHICAGO - Two companies got a $54 million trademark infringement verdict against them tossed Sept. 11 when an Illinois federal judge granted them a new trial based on the unreliability and irrelevance of expert testimony regarding the likelihood of consumer confusion about the products at issue, which the judge said probably "unfairly influenced the jury's verdict" (The Black & Decker Corporation, et al. v. Positec USA Inc., et al., No. 11-cv-5426, N.D. Ill., 2017 U.S. Dist. LEXIS 147463).
MONTGOMERY, Ala. - Defendants who removed a class complaint over lost medical records failed to show that the Class Action Fairness Act's (CAFA) amount in controversy requirement is satisfied, an Alabama federal judge ruled Sept. 12, sending the suit back to state court (Dawn Cobb Carrigan, et al. v. Southeast Alabama Rural Health Associates, et al., No. 17-114, M.D. Ala., 2017 U.S. Dist. LEXIS 147194).
ATLANTA - Following credit monitoring and reporting firm Equifax Inc.'s Sept. 7 announcement of a massive data breach involving 143 million consumers and numerous consumer class action filings, a securities class action complaint was filed on Sept. 8 in Georgia federal court (Hampden Kuhns v. Equifax Inc., et al., N.D. Ga.).
PHILADELPHIA - A class of owners of life insurance policies adequately alleged that a life insurer's admitted consideration of lower investment income and higher reinsurance costs constituted breaches of the policies, a Pennsylvania federal judge ruled Sept. 11 (In re: Lincoln National Co. Litigation, No. 16-06605, E.D. Pa., 2017 U.S. Dist. LEXIS 146904).
THE HAGUE, Netherlands - The Permanent Court of Arbitration (PCA) on Sept. 11 announced a cooperation agreement that will allow it to now host PCA hearings in Nairobi, Kenya.
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) was constituted Sept. 11 in an arbitration commenced by a precious metals exploration and development company against the Republic of Colombia (Eco Oro Minerals Corp. v. Republic of Colombia, No. ARB/16/41, ICSID).
NEW YORK - A New York federal judge on Sept. 12 granted a motion to compel arbitration filed by Glassdoor Inc. in a class lawsuit filed by users who claim that their email addresses were publically disclosed (Paulo Pincaro, et al. v. Glassdoor, Inc., No. 16-6870, S.D. N.Y., 2017 U.S. Dist. LEXIS 147517).