DETROIT - An expert for three insured golf courses may testify that the weight of ice killed the turfgrass by prohibiting a gaseous exchange by the turfgrass, leading to anoxia, a Michigan federal judge held Aug. 30, declining to exclude the testimony because the expert provided documentation (Bloomfield Hills Country Club, et al. v. The Travelers Property Casualty Company of America, et al., No. 15-11290, E.D. Mich.; 2016 U.S. Dist. LEXIS 116172).
ST. CROIX, Virgin Islands - A pool expert's testimony that application of a waterproofing manufacturer's product caused the delamination in affected pools is relevant for the purpose of establishing causation for the pool surfacing company's damages, a Virgin Islands federal judge ruled Aug. 30 (Poolworks Inc. v. Aquafin Inc., No. 14-0037, D. Virgin Islands; 2016 U.S. Dist. LEXIS 116112).
MIAMI - After finding that a cruise line worker's employment contract envisioned performance abroad because he worked on international waters, the 11th Circuit U.S. Court of Appeals on Aug. 29 affirmed a decision finding that an arbitration clause was enforceable under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (Francis D'Cruz v. NCL [Bahamas] Ltd., et al., No. 15-11766, 11th Cir.; 2016 U.S. App. LEXIS 15932).
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Aug. 31 affirmed a district court's decision to grant summary judgment in favor of a bank, finding that the notices of default were admissible and that a claim for violation of the Fair Debt Collections Practices Act (FDCPA) was filed in bad faith and for the purpose of harassment (LSR Consulting LLC, as Assignee of Vinay K. Karna and Mridula L. Karna v. Wells Fargo Bank, N.A., No. 15-20774, 5th Cir.; 2016 U.S. App. LEXIS 16147).
AUSTIN, Texas - The Third District Texas Court of Appeals on Aug. 30 reversed and remanded a lower court decision dismissing the claims of a woman who was involved in an auto accident against a woman insured by an insolvent insurer, finding that the lower court had abused its discretion by dismissing the claims based on a discovery noncompliance (Crystal Bingham Hernandez v. Tiffany Polley, No. 03-15-00384-CV, Texas App., 3rd Dist.; 2016 Tex. App. LEXIS 9526).
OAKLAND, Calif. - A California federal judge on Aug. 29 granted Chevron Corp.'s motion to dismiss an Employee Retirement Income Security Act class action against it alleging breach of fiduciary duty for failure to state a claim (Charles E. White, et al. v. Chevron Corp., et al., No. 16-cv-0793, N.D. Calif.; 2016 U.S. Dist. LEXIS 115875).
NEW YORK - A plaintiff alleging violation of the Electronic Communications Privacy Act (ECPA) by a provider of advertising services for Internet error pages should have known of her duty to preserve browsing history and tracking cookie evidence from her computer, a New York federal magistrate judge ruled Aug. 29, granting in part the defendant's motion for sanctions for spoliation (Betsy Feist v. Paxfire Inc., et al., No. 1:11-cv-05436, S.D. N.Y.; 2016 U.S. Dist. LEXIS 116405).
LOS ANGELES - One day after filing a notice of nonopposition to a motion to compel arbitration by Snapchat Inc., the lead plaintiffs in a putative class action on Aug. 30 filed a notice of voluntary dismissal in California federal court, agreeing to pursue their claim against the social network provider under Illinois' Biometric Information Privacy Act (BIPA) via arbitration (Jose Luis Martinez, et al. v. Snapchat Inc., No. 2:16-CV-05182, C.D. Calif.).
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).