NEW YORK - An insurer is not obligated to reimburse its insureds for the cost of repairing certain concrete floor slabs, the First Department New York Supreme Court Appellate Division ruled April 21 (St. George Tower and Grill Owners Corp. v. Insurance Company of Greater New York, No. 651746/12, N.Y. Sup., App. Div., 1st Dept.; 2016 N.Y. App. Div. LEXIS 2971).
SAN FRANCISCO - A panel of the Ninth Circuit U.S. Court of Appeals on April 20 vacated a $2.3 million class counsel fee in a dental implant settlement, finding that the district court denied the defendant due process by examining attorney timesheets and cost records in camera (Jason M. Yamada, D.D.S., et al. v. Nobel Biocare Holding AG, et al., No. 14-55236, 9th Cir.; 2016 U.S. App. LEXIS 7122).
LOS ANGELES - A department store failed to supply evidence supporting its claim that the amount in controversy in a class suit by sales managers, who allege that they were not reimbursed for certain business expenses, exceeded $5 million, a California federal judge ruled April 18, sending the case back to state court (Nazanin Tehrani v. Macy's West Stores, Inc., et al., No. 15-7286, C.D. Calif.; 2016 U.S. Dist. LEXIS 51713).
NEW YORK - Plaintiffs' co-lead counsel in the General Motors ignition switch multidistrict litigation on April 19 responded to claims from another attorney that they were not helping the plaintiffs he represents, saying that the claims are without merit and that the attorney is just repeating claims he has already made (In Re: General Motors LLC Ignition Switch Litigation, No. 1:14-md-0254, S.D. N.Y.).
TYLER, Texas - Digital civil liberties organization Electronic Frontier Foundation (EFF) was granted leave by a Texas federal magistrate judge on April 18 to intervene in a patent suit over "signal abstracting" technology for the limited purpose of moving to unseal documents and docket entries in what it called a "remarkably opaque" record in the dispute between two technology firms (Blue Spike LLC v. Audible Magic Corp., No. 6:15-cv-00584, E.D. Texas).
PHILADELPHIA - A Pennsylvania federal judge on April 18 denied a renewed motion to remand a class complaint accusing Empire Beauty School salons in Pennsylvania of violating state law by overcharging customers for cosmetology services provided by its students, finding that the plaintiff's evidence of citizenship fell short of his burden (Russell Jones v. EEG, Inc., et al., No. 15-5018, E.D. Pa.; 2016 U.S. Dist. LEXIS 51379).
BECKLEY, W.Va. - A West Virginia federal judge on April 19 allowed breach of contract, negligence and fraud claims to proceed in a dispute over prize indemnity insurance coverage for a "hole-in-one" golf tournament contest, but dismissed the common-law and statutory bad faith claims (Talbot 2002 Underwriting Capital Ltd, et al. v. Old White Charities Inc., No. 15-12542, S.D. W.Va.; 2016 U.S. Dist. LEXIS 52088).
CHICAGO - Writing that a trademark infringement plaintiff "failed to demonstrate that it is entitled to any of the relief it seeks," an Illinois federal judge on April 20 denied a request for damages and injunctive relief (Taurus Flavors Inc. v. More Flavors Inc., et al., No. 15-265, N.D. Ill.; 2016 U.S. Dist. LEXIS 52693).
NEW YORK - Efforts by Hachette Filipacchi Presse - owner of the "ELLE" trademark - to dismiss a declaratory judgment action by fashion designer Elle Sasson were unsuccessful on April 20, when a New York federal judge ruled instead that the case should proceed (Elle Sasson, et al. v. Hachette Filipacchi Presse, No. 15-194, S.D. N.Y.; 2016 U.S. Dist. LEXIS 52902).
NEW YORK - A New York federal judge on April 19 confirmed a $6.3 million arbitration award after determining that an arbitration panel did not disregard the law by awarding damages to the defendant and did not deny the plaintiff fundamental fairness by refusing to consider evidence during the arbitration proceeding (Inficon Inc. v. Verionix Inc., n/k/a Kitech Ventures Inc., No. 15-8044, S.D. N.Y.; 2016 U.S. Dist. LEXIS 52708).
TROY, Mich. - An insurer has no duty to defend or indemnify a solar power company for underlying allegation of defective installation of solar panels, a Michigan appeals panel ruled April 19, finding that the insurance policy does not provide coverage because only its insured's own work was damaged (Employers Mutual Casualty Co. v. Mid-Michigan Solar, LLC and Nova Consultants, Inc., Nos. 325082 & 326553, Mich. App.; 2016 Mich. App. LEXIS 791).
SEATTLE - Summary judgment in an insurance bad faith lawsuit against two general commercial liability insurers is proper because insureds have failed to show that either of the insurers had a duty to defend the insureds in two underlying lawsuits, a federal judge in Washington ruled April 18 (American Management Services East LLC, et al. v. Scottsdale Insurance Co., et al., No. 15-1005, W.D. Wash.; 2016 U.S. Dist. LEXIS 51768).
LAS VEGAS - A Nevada federal judge on April 18 denied preliminary approval of a $250,000 settlement to be paid by a rental management company in a suit over the collection of "resort fees," finding that the plaintiff failed to show that the terms were fair and reasonable (Alice Sinanyan, et al. v. Luxury Suites International, LLC, et al., No. 15-225, D. Nev.; 2016 U.S. Dist. LEXIS 51511).
OXFORD, Miss. - A federal judge in Mississippi on April 19 ruled that a homeowners insurance policy was void because a misrepresentation on the policy application regarding home ownership was material (State Farm Fire & Casualty Insurance Company v. Cedric Flowers, et al., No. 15-cv-99-SA-SAA, N.D. Miss.; 2016 U.S. Dist. LEXIS 52172).
LOS ANGELES - The U.S. Department of Justice and Environmental Protection Agency on April 20 announced that a group of 66 companies agreed to reimburse the agency for $8 million it spent on cleaning up the Omega Chemical Superfund site in Whittier, Calif., and agreed to spend $70 million to install a groundwater treatment system (United States of America, et al. v. Abex Aerospace, et al., No. 16-cv-2696, C.D. Calif.).
SANTA CLARA, Calif. - A day after stating that a plaintiff verdict was a reasonable possibility, Intuitive Surgical Inc. on April 20 settled a da Vinci surgical robot injury lawsuit as the jury started its third day of deliberations in a California state court (Michelle Zarick, et al. v Intuitive Surgical, Inc., No. 2012-1-cv-23723, Calif. Super., Santa Clara Co.).
WASHINGTON, D.C. - Car dealership service advisers are salespeople and are exempt from overtime pay under 29 U.S. Code Section 213(b)(10)(A), Paul D. Clement of Bancroft in Washington told the U.S. Supreme Court on April 20 during oral arguments on behalf of a car dealership (Encino Motorcars, LLC v. Hector Navarro, et al., No. 15-415, U.S. Sup.).
BOSTON - Dismissal of a securities class action lawsuit is not proper because lead plaintiffs have properly pleaded a material misrepresentation, scienter and loss causation in making their federal securities law claims, the lead plaintiffs argue in an April 18 opposition brief (William M. Cody, et al. v. ConforMIS Inc., et al., No. 15-13295, D. Mass.).
ALEXANDRIA, Va. - Defendants in a securities class action lawsuit will pay more than $41 million to settle claims that they misrepresented a company's business and financial condition in violation of federal securities laws, according to a motion for preliminary approval of settlement filed in Virginia federal court on April 18 (In re NII Holdings Inc. Securities Litigation, No. 14-227, E.D. Va.).
ORLANDO, Fla. - A Florida federal judge on April 18 partially granted and partially denied motions to dismiss a proposed class complaint accusing a mortgage servicer and an insurer of engaging in a kickback scheme where borrowers were overcharged for "force-placed" insurance (John C. Sekula, et al. v. Residential Credit Solutions, Inc., et al., No. 15-2104, M.D. Fla.; 2016 U.S. Dist. LEXIS 51636).
SAN JOSE, Calif. - A California federal judge on April 15 granted Apple Inc.'s motion to dismiss a putative consumer class action involving smartphones (Thomas A. Palmer v. Apple Inc., No. 5:15-cv-05808, N.D. Calif., San Jose Div.; 2016 U.S. Dist. LEXIS 51823).