SAN FRANCISCO - A California federal judge on March 23 mostly denied motions by Apple Inc. and a group of application (app) developers to dismiss a class action alleging privacy and other violations related to purported misappropriation of information in the address books of certain Apple devices (iDevices) (Marc Opperman, et al. v. Path Inc., et al., No. 3:13-CV-00453, N.D. Calif.; 2015 U.S. Dist. LEXIS 36137).
COLUMBUS, Ohio - A federal magistrate judge in Ohio on March 24 ordered that discovery be completed no later than April 13 in a trade name dispute between an energy company and a hydraulic fracturing company that are competing in the same energy market. The energy company contends that the fracking company should be permanently enjoined from using the name and should be compelled to produce the leases it has with landowners (American Energy Corporation v. American Energy Partners, No. 13-00886, S.D. Ohio).
MINNEAPOLIS - The federal judge overseeing the brain-injury multidistrict litigation against the National Hockey League on March 25 denied the NHL's motion to dismiss the plaintiffs' class action complaint (In re: National Hockey League Players Concussion Injury Litigation, MDL No. 14-2551, D. Minn.).
NEW YORK - A Tennessee woman filed a collective action complaint on March 24, accusing her employer of violating Fair Labor Standards Act (FLSA) minimum and overtime wage provisions by paying its employees who work as virtual assistants (VAs) on a per-task basis but grossly underestimating the amount of time each task takes to complete (Harriet Callier, et al. v. Fancy Hands, Inc., No. 15-2232, S.D. N.Y.).
TORONTO - A resource company on March 26 issued an update on settlement negotiations with the government of Mongolia in relation to an approximately $100 million award recently issued in its favor by the Permanent Court of Arbitration (PCA).
WASHINGTON, D.C. - A District of Columbia federal judge on March 25 granted a motion to dismiss claims asserted against various banks, finding that a property owner's claims for violation of the Truth in Lending Act (TILA) and the Real Estate Settlement Procedures Act (RESPA) were time-barred (Harold J. Taylor v. Wells Fargo Bank N.A., et al., No. 14-617, D. D.C.; 2015 U.S Dist. LEXIS 37127).
NEW YORK - A worker who was found by an administrative law judge to have been fully disabled more than two months before her termination cannot bring race and color bias claims against her former employer alleging that her termination was discriminatory, the Second Circuit U.S. Court of Appeals ruled March 24 (Sebrena Robinson v. Concentra Health Services, Inc., No. 14-941, 2nd Cir.; 2015 U.S. App. LEXIS 4757).
PADUCAH, Ky. - Granting an insurer's motion for reconsideration, a Kentucky federal judge held March 25 that two underlying actions claiming that insureds participated in a scheme to improperly market international textbooks are not covered under the clear and unambiguous language of a business and management indemnity policy (C.A. Jones Management Group, et al. v. Scottsdale Indemnity Co., No. 5:13-CV-00173, W.D. Ky.; 2015 U.S. Dist. LEXIS 37575).
WASHINGTON, D.C. - A decision by the U.S. Patent and Trademark Office to revive a patent application previously deemed abandoned for failure to satisfy a filing schedule was not subject to third-party collateral challenge, the Federal Circuit U.S. Court of Appeals affirmed March 26 in a per curiam decision (Exela Pharma Sciences LLC et al. v. Michele K. Lee et al., No. 13-1206, Fed. Cir.).
DETROIT - A Michigan Court of Appeals panel on March 24 reversed a trial court judge's rulings awarding summary disposition to a condominium owner's association and ordering a couple to pay $19,111.55 in costs and fees after ruling that the association was required to follow the presuit provisions of its bylaws before assessing a special, $1,000-per-month assessment on individual unit owners to fund a construction defects lawsuit against the building's developer (Nottingham Village Condominium Association v. John Pensom, et al., No. 319552, Mich. App.; 2015 Mich. App. LEXIS 638).
CHICAGO - Plaintiff American Medical Association (AMA) and three defendants in a declaratory judgment copyright action were ordered March 25 by an Illinois federal judge to show cause why the dispute should not be consolidated with another pending case (American Medical Association v. 3Lions Publishing Inc. et al., No. 14-5280, N.D. Ill.; 2015 U.S. Dist. LEXIS 37891.).
DENVER - The 10th Circuit U.S. Court of Appeals on March 25 affirmed a district court's decision that dismissed a borrower's claims for violation of the Fair Debt Collection Practices Act (FDCPA) and other claims, finding that he failed to show that he was deprived of his due process rights in relation to the foreclosure of his property (Sherron L. Lewis Jr. v. JPMorgan Chase Bank, et al., No. 14-1140, 10th Cir.; 2015 U.S. App. LEXIS 4820).
PASADENA, Calif. - Car dealership service advisers are not exempt from Fair Labor Standards Act (FLSA) overtime pay requirements, the Ninth Circuit U.S. Court of Appeals ruled March 24, noting that the matter was a question of first impression for the circuit (Hector Navarro, et al. v. Encino Motorcars, LLC, No. 13-55323, 9th Cir.; 2015 U.S. App. LEXIS 4769).
WILLIAMSPORT, Pa. - A federal magistrate judge in Pennsylvania on March 25 dismissed a lawsuit brought by a resident who alleged that a hydraulic fracturing company was liable for breach of contract, strict liability and damages in torts, concluding that the case suffered from a "complete failure of competent proof" (Edward E. Kamuck v. Shell Energy Holdings, et al., No. 11-1425, M.D. Pa.).
SHERMAN, Texas - A Texas federal judge on March 24 held that a second professional liability insurer has a duty to defend its medical center insured against an underlying lawsuit filed by a former patient (Corinth Investors Holdings LLC d/b/a Atrium Medical Center v. Evanston Insurance Co., et al., No. 13-682, E.D. Texas; 2015 U.S. Dist. LEXIS 36273).
NEW YORK - A federal judge in New York on March 23 appointed an institutional investor as lead plaintiff in a consolidated securities class action lawsuit, ruling that the investor has met all statutory requirements for serving as lead plaintiff (Woburn Retirement System v. Salix Pharmaceutical Ltd., et al., No. 14-8925 and George Bruyn v. Salix Pharmaceutical Ltd., et al., No. 14-9226, S.D. N.Y.; 2015 U.S. Dist. LEXIS 26409).
BOSTON - Citing a recent First Circuit U.S. Court of Appeals opinion, a federal judge in Massachusetts on March 25 confirmed a reinsurance arbitration award, finding that an arbitration panel did not exceed its authority (First State Insurance Company, et al. v. Nationwide Mutual Insurance Company, No. 13-cv-11322, D. Mass.).
CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on March 24 partially reinstated race bias claims brought by a former Chicago public school system employee who alleges that she was let go during a reorganization while another, less qualified white employee in the same position was retained (Joyce Hutchens v. Chicago Board of Education, et al., No. 13-3648, 7th Cir.; 2015 U.S. App. LEXIS 4769).
WASHINGTON, D.C. - The U.S. Supreme Court on March 23 declined review of an 11th Circuit U.S. Court of Appeals ruling affirming a federal jury award in a merger agreement lawsuit that sought determination whether Section 10(b) of the Securities Exchange Act of 1934 requires a corporation to update prior truthful statements (Stiefel Laboratories Inc., et al. v. Timothy Finnerty, No. 14-687, U.S. Sup.).
FORT LAUDERDALE, Fla. - A Florida state court jury awarded $3 million in punitive damages March 25 to the widow of a man who died of lung cancer after smoking for approximately 50 years (Rose Pollari, et al. v. R.J. Reynolds Tobacco Co., et al., No. 14-001563CA19, Fla. 17th Jud. Cir., Broward Co.).