SYRACUSE, N.Y. - An insurer and its reinsurer told a federal court in New York on Dec. 15 that they had held a mediation session as ordered by the court, but the case did not settle (Utica Mutual Insurance Company v. Century Indemnity Company, No. 13-cv-00995, N.D. N.Y.).
DES MOINES, Iowa - In a majority ruling, the Iowa Supreme Court on Dec. 12 found that the implied warranty of workmanlike construction did not extend to a bank that sought to recover costs related to a mold infestation in an apartment complex it acquired through foreclosure (Luana Savings Bank v. Pro-Build Holdings Inc., et al., No. 13-0060, Iowa Sup.; 2014 Iowa Sup. LEXIS 109).
BRIDGEPORT, Conn. - The families of nine of the victims who died and a woman who was injured in the December 2012 school shooting at Sandy Hook Elementary School in filed suit in Connecticut state court Dec. 13 against Bushmaster Firearms International LLC, manufacturer of the rifle used in the assault, several other manufacturers and distributors and the shop that sold the rifle used in the assault to the mother of the assailant, Adam Lanza (Donna L. Soto, et al. v. Bushmaster Firearms International LLC, et al., No. N/A, Conn. Super., Fairfield Jud. Dist.).
BOSTON - A Massachusetts federal judge on Dec. 12 partially dismissed Racketeer Influenced and Corrupt Organizations Act actions filed by two health insurers seeking to represent a class of third-party payers who allegedly paid for fraudulent prescriptions for the antidepressants Lexapro and Celexa but allowed other claims to continue against Forest Laboratories Inc. (In Re: Celexa and Lexapro Marketing and Sales Practices Litigation, MDL No. 09-2067, Painters and Allied Trade District Council 82 Health Care Fund v. Forest Laboratories, Inc., et al., No. 13-13113, New Mexico UFCW Union's and Employer's Health and Welfare Trust Fund v. Forest Laboratories, Inc., et al., No. 14-10784, D. Mass.; 2014 U.S. Dist. LEXIS 172176).
PHILADELPHIA - A Pennsylvania federal judge on Dec. 10 found that a putative class of consumers had met the minimum damages threshold under the Class Action Fairness Act (CAFA) to permit their fraud and unfair trade claims against a bitcoin miner manufacturer to proceed, denying a motion to dismiss (Craig Lenell, et al. v. Advanced Mining Technology Inc., et al., No. 14-1924, E.D. Pa.; 2014 U.S. Dist. LEXIS 172052).
WASHINGTON, D.C. - The U.S. Judicial Panel on Multidistrict Litigation (JPMDL) issued an order Dec. 10 consolidating for pretrial proceedings in the U.S. District Court for the Western District of Texas suits alleging that yogurt sold by Whole Foods Market Inc. under the brand Whole Foods 365 Greek Yogurt contains as much as six times the advertised amount of sugar (In re Whole Foods Market Inc. Greek Yogurt Marketing and Sales Practices Litigation, MDL No. 2588, U.S. JPMDL).
PASADENA, Calif. - After finding that a claimant's claims for violation of the Truth in Lending Act (TILA), fraud and other claims lacked particularity or were time-barred, the Ninth Circuit U.S. Court of Appeals on Dec. 12 affirmed dismissal of the case (Olasumbo Titilola Ajetunmobi v. Clarion Mortgage Capital Inc., et al., No. 12-56523, 9th Cir.; 2014 U.S. App. LEXIS 23397).
WASHINGTON, D.C. - The U.S. Supreme Court on Dec. 15 invited the solicitor general to weigh in on whether the court should grant review of a divided Second Circuit U.S. Court of Appeals ruling that the Employee Retirement Income Security Act preempts Vermont's health care data collection law as applied to a self-funded ERISA benefit plan (Alfred J. Gobeille v. Liberty Mutual Insurance Company, No. 14-181, U.S. Sup.).
SAN DIEGO - A California appellate panel on Dec. 10 upheld a trial court's denial of certification to two classes of workers who allege that they were denied lawfully owed breaks, required to perform work off the clock and subjected to improper rounding of work time (Emerita V. Chavez, et al. v. Angelica Corporation, No. D063199, Calif. App., 4th Dist., Div. 1; 2014 Cal. App. Unpub. LEXIS 8767).
LOUISVILLE, Ky. - A judge had both authority and grounds to grant dismissals with prejudice, but the dismissals apply only to the three moving defendants and do not reach other defendants in an asbestos case, the Kentucky appeals court held Dec. 12 (James W. Fuqua and Sandra L. Fuqua v. Flour-Daniel Illinois Inc., et al., No. 2012-CA-002179-MR, Ky. App.; 2014 Ky. App. Unpub. LEXIS 953).
NEW ORLEANS - Even five days of alleged asbestos exposure constitute a potential substantial cause of a man's asbestosis, a Louisiana appeals court panel held Dec. 10 in reversing summary judgment for an employer (Edward Anthony Alberes, et al. v. Anco Insulations Inc., et al., No. 2013-CA-1549, La. App., 5th Cir.; 2014 La. App. Unpub. LEXIS 706).
SAN FRANCISCO - A federal judge in California on Dec. 12 dismissed a case alleging that the transfer of a deed of trust and promissory note securing a mortgage were improperly securitized, saying that the plaintiff's theories do not support any of her claims, including one brought under the state's unfair competition law (UCL) (Carolanne Sottile v. JP Morgan Chase Bank, et al., No. 13-5909, N.D. Calif.; 2014 U.S. Dist. LEXIS 172277).
CHICAGO - The Illinois federal judge overseeing the testosterone multidistrict litigation on Dec. 13 ordered appointment of plaintiff attorneys to serve as liaisons with state courts presiding over similar lawsuits (In Re: Testosterone Replacement Therapy Products Liability Litigation, MDL Docket No. 2545, No. 14-1748, N.D. Ill., Eastern Div.).
COLUMBIA, S.C. - A South Carolina federal magistrate judge's recommendation that copyright infringement allegations against Apple Inc. and Amazon Inc. be dismissed was adopted Dec. 12 by a South Carolina federal judge (Roland Chambers v. Apple Inc., et al., No. 14-972, D. S.C.).
GRAND RAPIDS, Mich. - A Michigan federal judge on Dec. 10 approved a settlement under which a marketing company will pay $415,000 to settle claims that it used the names and personal financial information of approximately 8,000 Michigan residents in violation of the Fair Credit Reporting Act (FCRA) (Christopher Franke, et al. v. Financial Lead Services, et al., No. 12-1374, W.D. Mich.; 2014 U.S. Dist. LEXIS 170553).
WASHINGTON, D.C. - After a corporation failed to respond to a medical services company's petition to confirm, a District of Columbia federal judge on Dec. 11 entered a default ruling against it and confirmed a Hungarian arbitration award (Mediso Medical Equipment Developing Services Ltd. v. BIOSCAN Inc., No. 14-1440, D. D.C.; 2014 U.S. Dist. LEXIS 171397).
DES MOINES, Iowa - The Iowa Supreme Court on Dec. 12 refused to extend the breach of implied warranty of workmanlike construction to a for-profit developer who sued another developer over the fill used to prepare an unimproved lot for construction, holding that only homeowners can assert such a claim for a dwelling (Rosauer Corporation v. Sapp Development LLC, et al., No. 13-1285, Iowa Sup.; 2014 Iowa Sup. LEXIS 108).
WASHINGTON, D.C. - Arguments that plaintiff attorney advertising is driving Xarelto litigation can't be considered a factor in deciding on centralization of more than 50 federal cases involving the prescription anticoagulant, the Judicial Panel on Multidistrict Litigation (JPMDL) ruled Dec. 12 (In Re: Xarelto [Rivaroxaban] Products Liability Litigation, MDL Docket No. 2592, JPMDL).