JACKSONVILLE, Fla. - A federal judge on March 24 rejected Florida insureds' request for $80,008.49 in a Tropical Storm Debby coverage dispute, awarding them only $1,093.38 for additional insulation, stud-wall sealing and out-of-pocket costs (Timothy Slater, et al. v. Hartford Insurance Company of the Midwest, No. 13-345, M.D. Fla.; 2015 U.S. Dist. LEXIS 36824).
OAKLAND, Calif. - Dismissal of a securities class action lawsuit is not proper because the lead plaintiff has properly pleaded each of all elements of his federal securities law claims against an online social media game developer and certain of its officers and directors, a federal judge in California ruled March 25 (In re Zynga Inc. Securities Litigation, No. 12-4007, N.D. Calif.).
ATLANTA - A federal judge did not err in dismissing claims in a securities class action lawsuit against a company's executive officer and outside auditor because lead plaintiffs in the action failed to properly plead scienter, an 11th Circuit U.S. Court of Appeals panel ruled March 25 (Christopher Brophy, et al. v. Jiangbo Pharmaceuticals Inc., et al., No. 14-10213, 11th Cir.; 2015 U.S. App. LEXIS 4846).
TAMPA, Fla. - A jury in the U.S. District Court for the Middle District of Florida on March 25 found a couple guilty of operating a sham clinic for the purpose of committing health care fraud (United States of America v. Mario Fuertes, et al., No. 14-cr-00092, M.D. Fla.).
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).