GRAND RAPIDS, Mich. - An insurer's and its insureds' breach of implied warranty lawsuit based on alleged manufacturing defects in trusses for a hog building is subject to a four-year statute of limitations and the economic loss doctrine, a Michigan federal judge ruled Sept. 25 (Farm Bureau Mutual Insurance Company of Michigan, et al. v. Borkholder Buildings & Supply, LLC, No. 14-1118, W.D. Mich.; 2015 U.S. Dist. LEXIS 128830).
NEW HAVEN, Conn. - An insurer and its reinsurer asked a federal court in Connecticut on Sept. 25 to cancel a settlement conference because the parties say they have reached a settlement in principle of their reinsurance dispute (Travelers Casualty & Surety Company v. R&Q Reinsurance Company, No. 14-cv-01651, D. Conn.).
ATLANTA - In a Sept. 25 brief supporting a motion to dismiss claims brought against it by a putative class of financial institutions (FI plaintiffs) related to a 2014 breach of its network, Home Depot Inc. argued to a Georgia court that the banks need to take responsibility for their role in the losses they claim to have incurred as a result of the breach (In re: The Home Depot Inc., Customer Data Security Breach Litigation, No. 1:14-md-02583, N.D. Ga.).
LOS ANGELES - A California federal judge on Sept. 28 dismissed a broadcast company's claims for violation of California's unfair competition law (UCL) and another violation as moot, but awarded it $21,000 for damages for the unauthorized broadcast of a professional fight (J&J Sports Productions Inc. v. Stephen Lim, et al., No. 13-08949, C.D. Calif.; 2015 U.S. Dist. LEXIS 130443).
RIVERSIDE, Calif. - A California federal judge on Sept. 25 found that Volkswagen Group of America Inc. did not waive its right to litigate causes of action for violation of California's unfair competition law (UCL) and other claims against a vehicle dealer, denying a motion to compel arbitration of the dispute (Volkswagen Group of American Inc. v. Saul Chevrolet Inc., dba CardinalWay Volkswagen, et al., No. 5:15-cv-00505, C.D. Calif.; 2015 U.S. Dist. LEXIS 129554).
RIVERSIDE, Calif. - Dismissal of an insurance breach of contract and bad faith lawsuit is proper because the insureds violated the fraud and misrepresentation provisions of their automobile insurance policy, a federal judge in California ruled Sept. 24 (Ali Almazni, et al. v. United Financial Casualty Co., et al., No. 14-0975, C.D. Calif.; 2015 U.S. Dist. LEXIS 129562).
NEWARK, N.J. - A New Jersey federal judge on Sept. 25 granted approval of a $2.8 million settlement in a class complaint brought by independent contractors who deliver furniture and provide installation services in New Jersey for Macy's Inc. and HomeDeliveryLink Inc. (Henry Badia, et al. v. HomeDeliveryLink, Inc., et al., Nos. 12-6920 and 12-7097, D. N.J.; 2015 U.S. Dist. LEXIS 129033).
CINCINNATI - The Sixth Circuit U.S. Court of Appeals on Sept. 24 determined that a district court erred in granting a disability insurer's motion for summary judgment because it is not clear if the insurer properly denied a long-term disability (LTD) claim (Vicki Koning v. United of Omaha Life Insurance Co., No. No. 14-2188, 6th Cir.; 2015 U.S. App. LEXIS 17022).
WASHINGTON, D.C. - A complaint by the State of Vermont alleging violations of the Vermont Consumer Protection Act (VCPA) in connection with letters sent by one defendant corporation to other corporations alleging patent infringement should not have been removed to federal court, the Federal Circuit U.S. Court of Appeals ruled Sept. 28 (State of Vermont v. MPHJ Technology Investments LLC, No. 15-1310, Fed. Cir.; 2015 U.S. App. LEXIS 17060).
LANSING, Mich. - In a Sept. 25 order, the Michigan Supreme Court said it would consider whether to answer a question certified to it by the Ninth Circuit U.S. Court of Appeals as to whether the online music-streaming service provided by Pandora Media Inc. constitutes "renting" or "lending" under the state's Video Rental Privacy Act (VRPA) (In Re Certified Question from the U.S. Court of Appeals for the Ninth Circuit, Peter Deacon v. Pandora Media Inc., No. 151104, Mich. Sup.).
FORT WORTH, Texas - Dismissal of claims against an insurance adjuster in an insurance breach of contract and bad faith lawsuit is proper because an insured failed to state a claim for relief, a federal judge in Texas ruled Sept. 28 (Yolanda Aguilar v. State Farm Lloyds, et al., No. 15-565, N.D. Texas; 2-015 U.S. Dist. LEXIS 130384).
PASADENA, Calif. - A waiver of a plaintiff's representative Private Attorneys General Act (PAGA) claim is unenforceable, a split Ninth Circuit U.S. Court of Appeals panel ruled Sept. 28 and remanded the matter for the parties to decide in the first instance where the claim should be resolved (Shukri Sakkab, et al. v. Luxottica Retail North America, Inc., No. 13-55184, 9th Cir.; 2015 U.S. App. LEXIS 17071).
SEATTLE - A Washington Court of Appeals panel on Sept. 28 said a trial court did not err in instructing a jury on claims by a plaintiff that an endotracheal tube was negligently designed and contributed to an operating room fire that seriously burned the plaintiff's trachea and lungs (Dorothy L. Payne, et al. v. Donald R. Paugh, et al., No. 71411-2-1, Wash. App., Div. 1; 2015 Wash. App. LEXIS 2276).
LOS ANGELES - Given a choice between a California state court judge's remittitur of a Wright hip verdict from $4.5 million to $1 million, a plaintiff will opt for a new trial on damages only, the plaintiff's counsel told Mealey Publications Sept. 28 (Alan Warner, et al. v. Brad L. Penenberg, M.D., et al., No. BC 475958, Calif. Super., Los Angeles Co.).
CINCINNATI - The Sixth Circuit U.S. Court of Appeals on Sept. 25 affirmed a district court's ruling that found that a property owner waived her right to insurance proceeds in relation to a fire and that the bank that held her mortgage was entitled to the funds (Rafah Dawood v. JPMorgan Chase Bank, N.A., et al., No. 15-1242, 6th Cir.; 2015 U.S. App. LEXIS 17037).
CHICAGO - An Illinois federal judge held on Sept. 24 that an insurer has a duty to defend or indemnify its insured against underlying claims that its insured misused and misappropriated funds involving real estate closing, loan closing and title and escrow services (Title Industry Assurance Co. v. Chicago Abstract Title Agency, et al., No. 14-1906, N.D. Ill.; 2015 U.S. Dist. LEXIS 128096).
MILWAUKEE - A Milwaukee Bucks cheerleader filed a class complaint Sept. 24 in the U.S. District Court for the Eastern District of Wisconsin alleging that she and other dance team members and cheerleaders were improperly denied minimum wage and overtime for the work they performed (Lauren Herington, et al. v. Milwaukee Bucks, LLC, formerly known as, Milwaukee Bucks, Inc., No. 15-1152, E.D. Wis.).
ALAMEDA, Calif. - An Alameda County, Calif., Superior Court judge on Sept. 24 ruled that Kaiser Foundation Health Plan Inc. violated California Health and Safety Code Section 1367.63 by denying all requests for surgery to remove excess skin following bariatric surgery and that certain procedures should be covered where those "procedures would improve function or address an abnormal structure so as to create a more normal appearance to the extent possible" (Wendy Gallimore, et al. v. Kaiser Foundation Health Plan, Inc., et al., No. RG12616206, Calif. Super., Alameda Co.).
SAN DIEGO - Dismissal of an insurance breach of contract and bad faith lawsuit is proper because an insured is first required to bring his claims to arbitration under the arbitration provision of the insurance policy, a federal judge in California ruled on Sept. 25 (David Peffer v. Philadelphia Indemnity Co., No. 14-2980, S.D. Calif.; 2015 U.S. Dist. LEXIS 129531).
BOSTON - An insurer told a federal court in Massachusetts on Sept. 23 that its reinsurer has failed to honor more than $470,000 in reinsurance billings (Lamorak Insurance Company v. Everest Reinsurance Co., No. 15-cv-13425, D. Mass.).
THE HAGUE, The Netherlands - The Permanent Court of Arbitration (PCA) on Sept. 25 reconstituted a tribunal in an arbitration between the Republic of Croatia and the Republic of Slovenia over a maritime dispute, appointing two new arbitrators to the case (Republic of Croatia v. the Republic of Slovenia, No. 2012-04, PCA).
PHILADELPHIA - A putative class of insureds alleging violation of the Fair Credit Reporting Act (FCRA) in the theft of two laptops, purportedly containing their personally identifiable information (PII), have not alleged any concrete injury-in-fact, Horizon Healthcare Services Inc. argued in a Third Circuit U.S. Court of Appeals brief Sept. 23, seeking affirmation of a lower court's dismissal of the case (In Re Horizon Healthcare Services Inc. Data Breach Litigation, No. 15-2309, 3rd Cir.).
WASHINGTON, D.C. - Although affirming a New Jersey federal judge's determination that three asserted patents are not obvious, the Federal Circuit U.S. Court of Appeals on Sept. 24 reversed a judgment that a defendant induced infringement of various compound claims of the same patents (Shire LLC v. Amneal Pharmaceuticals LLC et al., Nos. 2014-1736, -1737, -1738, -1739, -1740, -1741, Fed. Cir.; 2015 U.S. App. LEXIS 16908).