SAN JOSE, Calif. - In a June 24 reply brief supporting its motion to dismiss negligence and fraud claims against it related to a firm's botched asbestos abatement job, Groupon Inc. tells a California federal court that the homeowner plaintiffs' asserted injuries are actually unrelated to a Groupon voucher that they purchased and for which they subsequently received a full refund (William Mosley, et al. v. Groupon Inc., et al., No. 15-cv-01205, N.D. Calif.).
MIAMI - The special master in the Takata air bag multidistrict litigation on June 24 said that the judge overseeing the MDL should overrule American Honda Co. Inc.'s objections to searching its databases, consumer complaints, claims and lawsuits relating to the "aggressive deployment and non-deployment" of Takata air bags in its vehicles (In re: Takata Airbag Products Liability Litigation, No. 15-02599-CIV-Moreno, MDL No. 5-2599, S.D. Fla.).
PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on June 28 affirmed that an insurance policy's "authorized representative" exclusion bars coverage for an insured's claim seeking reimbursement of $100,000 in losses arising from computer fraud (Southern California Counseling Center v. Great American Insurance Co., No. 14-56169, 9th Cir.; 2016 U.S. App. LEXIS 11825).
NEW YORK - The New York Court of Appeals refused to decide if a trial judge erred in consolidating two asbestos cases for trial, saying in a June 28 opinion that the defendant did not adequately preserve the issue for appeal (In the Matter of New York City Asbestos Litigation; Ruby E. Konstantin, individually and as executrix of the estate of Dave John Konstantin v. 630 Third Ave. Associates, et al., No. 85, N.Y. App.).
NEW YORK - For the second time this month, a New York jury hit boiler maker Burnham LLC with a verdict in an asbestos case, this time awarding a $22 million verdict on June 24 and finding it 25 percent liable for a man's mesothelioma, sources told Mealey Publications (Frank Gondar v. A.O. Smith Water Products Co., et al., No. 190079-2015, N.Y. Sup., New York Co.).
WASHINGTON D.C. - IKEA, in conjunction with the U.S. Consumer Product Safety Commission, on June 28 announced in a press release a recall of up to 29 million MALM chests and dressers; the dressers have tipped over and fallen, resulting in the deaths of six children.
NEWARK, N.J. - A New Jersey federal judge on June 28 refused to dismiss a borrower's claim against a bank for violation of the Real Estate Settlement Procedures Act (RESPA) in relation to her request for a loan modification and reserved judgment on various state law claims pending the outcome of her request for an injunction (Edyta Rojecki v. Bank of America, N.A., et al., No. 15-8160, D. N.J.; 2016 U.S. Dist. LEXIS 83434).
DETROIT - After finding that a former property owner failed to respond to a notice of debt in a timely manner, a Michigan federal judge on June 28 granted a motion filed by a bank and loan servicer to dismiss his claim for violation of the Fair Debt Collection Practices Act (FDCPA) (Cornelious Moore v. Ocwen Loan Servicing LLC, et al., No. 15-cv-14294, E.D. Mich.; 2016 U.S. Dist. LEXIS 83400).
THE HAGUE, Netherlands - The Permanent Court of Arbitration (PCA) on June 29 said it will soon issue its award in an arbitration commenced by the Republic of the Philippines pursuant to the United Nations Convention on the Law of the Sea (UNCLOS) against the People's Republic of China (The Republic of the Philippines v. The People's Republic of China, No. 2013-19, PCA).
NEW YORK - General Motors LLC on June 24 told the judge overseeing the General Motors ignition switch multidistrict litigation that it should be allowed to introduce evidence that shows that the plaintiff in the next bellwether trial has history of cognitive defects (In Re: General Motors LLC Ignition Switch Litigation, No. 1:14-md-0254; Stephanie Cockram v. General Motors LLC, No. 14-CV-8716, S.D. N.Y.).
CHICAGO - The assignee of certain reinsurance recoverables asked a federal court in Illinois on June 28 to amend and correct its judgment and allow for the filing of an amended complaint adding certain missing elements of its claims against a Brazilian reinsurer (Pine Top Receivables of Illinois, LLC v. Banco De Seguros Del Estado, No. 12-cv-06357, N.D. Ill.; 2016 U.S. Dist. LEXIS 70462).
NEW YORK - An attorney for Chevron Corp. on June 28 sent a letter to a panel of the Second Circuit U.S. Court of Appeals contending that the attorney for the Ecuadorian residents, who initially won an $18.5 billion judgment against it before the plaintiffs' attorney was determined to have committed fraud, has waived any argument about the "purported extraterritorial application of" the Racketeer Influenced and Corrupt Organizations Act (Chevron Corporation v. Steven R. Donziger, et al., No. 14-826, 2nd Cir.).
DENVER - A federal district court did not err in finding that an insured brought her claim for uninsured motorist benefits within the statute of limitations because she brought the claim within the three-year statute of limitations, a 10th Circuit U.S. Court of Appeals panel ruled June 24 (Gladys Jones v. State Farm Mutual Automobile Insurance Co., Nos. 15-1007 and 15-1007, 10th Cir.; 2016 U.S. App. LEXIS 11661).
MILWAUKEE - A Wisconsin federal judge on June 24 denied a department store's motion to dismiss a class suit accusing it of misleading its customers by inflating "original" prices to make sale prices appear to be better deals than they actually are (Miguel Murillo, et al. v. Kohl's Corporation, et al., No. 16-196, E.D. Wis.; 2016 U.S. Dist. LEXIS 82482).
WASHINGTON, D.C. - The U.S. Supreme Court on June 27 denied a petition for writ of certiorari filed by a debt purchaser and its affiliate seeking review of a decision by the Second Circuit U.S. Court of Appeals that reversed a trial court's holding regarding the National Bank Act (NBA) preemption and vacated the denial of class certification (Midland Funding, LLC, et al. v. Saliha Madden, No. 15-610, U.S. Sup.; 2016 U.S. LEXIS 4211).
NEW YORK - Manufacturers such as Crane Co. can be liable for third-party products whose combined uses were known or reasonably foreseeable due to design, mechanics or economic necessity, New York's top court held June 28 (In the Matter of New York City Asbestos Litigation; Doris Kay Dummitt, et al. v. A.W. Chesterton, et al., Joann H. Suttner, et al. v. A.W. Chesterton Co., et al., Nos. 83, 84, N.Y. App.).
SAN FRANCISCO - Chevron Corp., which is being sued by plaintiffs who allege that the company is liable for damages related to the explosion of one its natural gas rigs in Nigeria, on June 24 filed a brief in a California federal court asking it to compel the plaintiffs to produce litigation funding documents to demonstrate the adequacy of the class representative and his counsel (Foster Ogola, et al. v. Chevron Corporation, No. 14-173, N.D. Calif.).
NEW YORK - A federal judge in New York on June 24 denied a motion to alter or amend judgment and for leave to file a second amended complaint in a securities class action lawsuit, ruling that any amendment would be futile because the shareholders' additional evidence does not cure any of the pleading deficiencies that led to dismissal of the previous amended complaint (In re Sanofi Securities Litigation, No. 14-9624, S.D. N.Y.; 2016 U.S. Dist. LEXIS 82453).
NEW YORK - A federal judge in New York on June 24 denied a motion for a stay in a securities class action lawsuit and several related actions, ruling that the defendants' motion fails to meet the guidelines established in the U.S. Supreme Court's ruling in Nken v. Holder (In re Petrobas Securities Litigation, No. 14-9662, S.D. N.Y.; 2016 U.S. Dist. LEXIS 82426).