SEATTLE - A 2-1 panel of the Ninth Circuit U.S. Court of Appeals on April 27 overturned a federal judge in Washington's ruling remanding a groundwater contamination suit against The Boeing Co. and a company it hired to investigate and remediate contamination at the site, finding that the plaintiffs' lawsuit did not fall within the single local event exception to the Class Action Fairness Act (CAFA) (Jocelyn Allen, et al. v. The Boeing Company, et al., No. 15-13562, 9th Cir.; 2015 U.S. App. LEXIS 6868).
SAN FRANCISCO - Rideshare application (app) operator Uber Technologies Inc. may subpoena an Internet service provider (ISP) and a third-party website in its effort to uncover the identity of a John Doe defendant responsible for a data breach incident, a California federal magistrate judge ruled April 27, granting Uber's discovery motions, as well as a motion to seal those motions (Uber Technologies Inc. v. John Doe I, No. 3:15-cv-00908, N.D. Calif.; 2015 U.S. Dist. LEXIS 54915).
SAN DIEGO - A California federal judge on April 23 granted final approval to an offer by Stanley Black & Decker Inc. and other related entities to pay $4.97 million to settle a wage-and-hour class complaint (Donovan Long, et al. v. Stanley Black & Decker, Inc., et al., No. 14-1246, S.D. Calif.; 2015 U.S. Dist. LEXIS 53595).
LOS ANGELES - A California woman on April 24 filed a class action lawsuit in federal court, accusing an online computer backup service provider of violating several state laws, including the unfair competition law (UCL), for failing to back up data as required, causing consumers to lose their data because they could neither restore nor retrieve the data in violation of several state laws (Sherry Orson v. Carbonite Inc., No. 15-3097, C.D. Calif.).
DENVER - A Colorado House of Representatives committee on April 27 killed a proposed law that would make it harder for individuals to sue over construction defects, according to published reports.
CAMDEN, N.J. - The plaintiffs who sued railroad company defendants alleging personal injury from vinyl chloride that was spilled as a result of a train derailment filed a brief on April 23 in federal court in New Jersey, contending that although they have provided expert reports to the defendants, no expert testimony is required to establish a prima facie case (In re: Paulsboro Derailment Cases, No. 13-784, D. N.J.).
NEW YORK - Competing motions for summary judgment in a dispute over the "RLX" trademark were denied March 31, according to a ruling released April 27 by a New York federal judge (Rolex Watch USA Inc. v. PRL USA Holdings Inc., No. 12-6006, S.D. N.Y.; 2015 U.S. Dist. LEXIS 54766).
ABERDEEN, Miss. - A Mississippi federal judge on April 27 denied a joint motion to stay a professional liability coverage dispute, finding that the coverage suit involves claims arising from an insurer-insured relationship and the underlying action involves legal malpractice claims arising out of duties imposed by the attorney-client relationship and, therefore, the two lawsuits are not parallel (Imperium Insurance Co. v. Jason Shelton, et al., No. 14-00083, N.D. Miss.; 2015 U.S. Dist. LEXIS 54569).
NEW ORLEANS - An insurer has no duty to indemnify an insured for $2 million arising out of an underlying lawsuit for faulty repairs on an oil rig, the Fifth Circuit U.S. Court of Appeals affirmed April 27, finding that the insured did not establish property damage under the policy (American Home Assurance Co. v. Oceaneering International Inc., No. 14-20222, 5th Cir.; 2015 U.S. App. LEXIS 6867).
WASHINGTON, D.C. - The U.S. Supreme Court on April 27 denied one petition by generic drug manufacturers to review a Pennsylvania Superior Court decision that denied preemption of plaintiffs' claims involving the heartburn drug metoclopramide (Teva Pharmaceuticals USA, Inc., et al. v. Dorothy Bentley, et al., No. 14-711, U.S. Sup.).
INDIANAPOLIS - A unanimous Indiana Supreme Court on April 24 overturned the state court of appeals and said that the claims of 19 plaintiffs involving the DePuy XL hip prosthesis can stay in Indiana state court and don't have to be transferred to Virginia or Mississippi where the plaintiffs live (DePuy Orthopaedics, Inc., et al. v. Travis Brown, et al., No. 49S02-1504-CT-225, Ind. Sup.; 2015 Ind. LEXIS 319).
LOS ANGELES - Citing the "unnecessary joinder" of "an extremely large number of defendants," a California federal judge on April 24 sanctioned a copyright infringement plaintiff and its counsel (We 3 Kings Inc. v. The Steve Harvey Show et al., No. 14-8816, C.D. Calif.).
WASHINGTON, D.C. - A District of Columbia federal judge on April 23 denied a motion to remove two people as class representatives from an already settled dispute between Native American farmers and the U.S. secretary of Agriculture regarding claims of discriminatory government loan processing as well as a motion seeking an order compelling class counsel to produce certain materials (Marilyn Keepseagle, et al. v. Tom Vilsack, No. 99-3119, D. D.C.; 2015 U.S. Dist. LEXIS 53365).
SYRACUSE, N.Y. - A federal judge in New York on April 27 found that a reinsurer's removal of a state court case was untimely and therefore granted a motion to remand the case to the state court (Utica Mutual Insurance Company v. American Re-Insurance Company, n/k/a Munich Reinsurance America, Inc., No. 14-cv-01558, N.D. N.Y.).
PHILADELPHIA - The Third Circuit U.S. Court of Appeals on April 27 rejected a plaintiff's claim that "substantial justice" requires that the "registration requirement" for filing a copyright infringement action be overlooked (Gregory Markantone DPM v. Podiatric Billing Specialists LLC, No. 14-3097, 3rd Cir.; 2015 U.S. App. LEXIS 6899).
BOSTON - Commerce Insurance Co. properly denied optional additional personal injury coverage to an insured because alterations to a Brazilian driver's license constituted material misrepresentations, a Massachusetts Appeals Court panel ruled April 27 in affirming a trial court's ruling in favor of the company (Commerce Insurance Company v. Marcio Alves De Oliveira, et al., No. 14-P-507, Mass. App.; 2015 Mass. App. Unpub. LEXIS 337).
AUSTIN, Texas - Governmental immunity does not extend to a contractor hired by a governmental unit in a suit alleging negligence on the part of the contractor, the Texas Supreme Court ruled April 24 (Brown & Gay Engineering Inc. v. Zulemia Olivares, et al., No. 13-0605, Texas Sup.).
MINNEAPOLIS - Medtronic Inc., its CEO and a senior vice president on April 27 entered into a consent decree of permanent injunction with the Food and Drug Administration after repeated violations and warnings about quality issues with its SynchroMed drug pump (United States of America v. Medtronic Inc., et al., No. 15-2168, D. Minn.).
TRENTON, N.J. - A trial court erred in finding that a window installer's $1.6 million settlement of a condominium association's construction defects lawsuit was not reasonable, a New Jersey appeals panel held April 27, reversing a decision granting an insurer's motion to dismiss the association's complaint (Fox Development Co. Inc., et al. v. Praetorian Insurance Co. f/k/a Insurance Corporation of Hanover, et al., No. A-0386-13T2, N.J. Super., App. Div.; 2015 N.J. Super. Unpub. LEXIS 958).
ST. LOUIS - MI Holdings Inc., which was sued by a Missouri resident who contends that he suffered personal injuries as a result of exposure to radioactive material related to the Manhattan Engineering Project near the St. Louis Airport, on April 22 filed a brief in Missouri federal court contending that the resident's deadline for the production of material in discovery is "unreasonable" (Scott D. McClurg, et al. v. MI Holdings Inc., et al., No. 12-361 [consolidated], E.D. Mo.).