SAN FRANCISCO - Partly reversing a lower court's summary judgment ruling in favor of Match.com LLC (Match), a Ninth Circuit U.S. Court of Appeals panel on Sept. 1 held that a woman's claim that the dating website failed to warn her about another member, who brutally attacked her, is not precluded by the Communications Decency Act (CDA) (Mary Kay Beckman v. Match.com LLC, No. 13-16324, 9th Cir.; 2016 U.S. App. LEXIS 16218).
AUSTIN, Texas - The Third District Texas Court of Appeals on Aug. 30 reversed and remanded a lower court decision dismissing the claims of a woman who was involved in an auto accident against a woman insured by an insolvent insurer, finding that the lower court had abused its discretion by dismissing the claims based on a discovery noncompliance (Crystal Bingham Hernandez v. Tiffany Polley, No. 03-15-00384-CV, Texas App., 3rd Dist.; 2016 Tex. App. LEXIS 9526).
OAKLAND, Calif. - A California federal judge on Aug. 29 granted Chevron Corp.'s motion to dismiss an Employee Retirement Income Security Act class action against it alleging breach of fiduciary duty for failure to state a claim (Charles E. White, et al. v. Chevron Corp., et al., No. 16-cv-0793, N.D. Calif.; 2016 U.S. Dist. LEXIS 115875).
LOS ANGELES - The court previously considered and rejected a man's claim involving discovery violations, an asbestos defendant told a federal judge in California on Aug. 29 in urging him to deny terminating sanctions. An Aug. 1 ruling in the case denied reconsideration of a ruling allowing strict liability claims arising from exposure aboard a Navy ship to proceed (Victoria Lund, et al. v. Crane Co., et al., No. 13-2776, C.D. Calif.).
MIAMI - A Florida jury awarded a husband and wife more than $21 million on Aug. 30 after finding that his mesothelioma arose in part from asbestos exposure during overhaul work at a power plant (Richard Batchelor and Regina M. Batchelor v. American Optical Corp., et al., No. 16-000012 CA 42, Fla. Cir., Miami-Dade Co.).
NEW YORK - United Parcel Service Inc. on Aug. 29 asked a federal judge in New York to bar the State of New York and New York City from presenting the amount of damages they are seeking against it in an upcoming cigarette trafficking trial (The State of New York, et al. v. United Parcel Service Inc., No. 15-cv-1136, S.D. N.Y.).
OAKLAND, Calif. - Two weeks after a California federal judge dismissed their suit against Twitter Inc. under the Anti-Terrorism Act (ATA), the family members of two terror attack victims on Aug. 30 filed an amended complaint focusing on Twitter's purported "provision of material support" to ISIS and its supporters via its social network services (Tamara Fields, et al. v. Twitter Inc., No. 4:16-cv-00213, N.D. Calif.).
NEW YORK - A plaintiff alleging violation of the Electronic Communications Privacy Act (ECPA) by a provider of advertising services for Internet error pages should have known of her duty to preserve browsing history and tracking cookie evidence from her computer, a New York federal magistrate judge ruled Aug. 29, granting in part the defendant's motion for sanctions for spoliation (Betsy Feist v. Paxfire Inc., et al., No. 1:11-cv-05436, S.D. N.Y.; 2016 U.S. Dist. LEXIS 116405).
LOS ANGELES - One day after filing a notice of nonopposition to a motion to compel arbitration by Snapchat Inc., the lead plaintiffs in a putative class action on Aug. 30 filed a notice of voluntary dismissal in California federal court, agreeing to pursue their claim against the social network provider under Illinois' Biometric Information Privacy Act (BIPA) via arbitration (Jose Luis Martinez, et al. v. Snapchat Inc., No. 2:16-CV-05182, C.D. Calif.).
SACRAMENTO, Calif. - After finding that no exceptional circumstances existed in an action in which a former franchisee asserts claims for violation of California's unfair competition law (UCL) and other causes of action, a California federal judge on Aug. 30 refused to stay the case pending the outcome of another related action pending in New York (James S. Martin v. Minuteman Press International Inc., et al., No. 2:16-cv-00833, E.D. Calif.; 2016 U.S. Dist. LEXIS 116733).
VANCOUVER, British Columbia - A Canadian mining firm on Aug. 31 announced in a news release that an arbitrator has issued an award in its favor, ordering a Texas entity and its Mexican affiliate to pay it $468,726.92 in costs and expenses that were incurred while challenging the arbitrability of a dispute in Mexico (Goldgroup Mining Inc. v. Dyna USA Inc., et al., No. No. 50-20-1400-0226, ICDR).
WILLIAMSPORT, Pa. - Although an insured has properly pleaded his claim for insurance bad faith, he has failed to do so with regard to claims made under the Pennsylvania Unfair Insurance Practices Act (UIPA) because Pennsylvania does not provide for recovery for such claims, a federal judge in Pennsylvania ruled Aug. 29 (Ronald E. Long v. Hartford Life and Accident Insurance Co., No. 16-0138, M.D. Pa.; 2016 U.S. Dist. LEXIS 115328).
WILLIAMSPORT, Pa. - A federal judge in Pennsylvania on Aug. 29 granted in part and denied in part an insurer's motion to dismiss in an insurance breach of contract and bad faith lawsuit, ruling that Pennsylvania does not provide for recovery for bad faith claims made pursuant to the Pennsylvania Unfair Insurance Practices Act (UIPA) (Ronald E. Long v. Stonebridge Life Insurance Co., No. 16-0139, C.D. Pa.; 2016 U.S. Dist. LEXIS 115324).
SAN FRANCISCO - The Golden State Warriors was named as a co-defendant in a putative class action in California federal court Aug. 29, with a plaintiff alleging that the National Basketball Association team's mobile phone app illegally intercepts and records users' private conversations in violation of the Electronic Communications Privacy Act (Latisha Satchell v. Sonic Notify Inc. d/b/a Signal360, et al., No.3:16-cv-04961, N.D. Calif.).
COLUMBUS, Ohio - The Ohio federal judge presiding over the multidistrict litigation for cases alleging injuries against E. I. du Pont de Nemours and Co. related to exposure to perfluorooctanoic acid (known as C8), on Aug. 30 refused to vacate the trial schedule because it is not a violation of DuPont's due process rights (In re E.I. du Pont de Nemours and Co. C8 Personal Injury Litigation, MDL No. 2433, No. 13-2433, S.D. Ohio).
LOS ANGELES - Following his June ruling that deemed a patent plaintiff's conduct "exceptional," a California federal judge on Aug. 31 ordered the plaintiff to pay several defendants $1.55 million in attorney fees (Kinglite Holdings Inc. v. Micro-Star International Co. Ltd., et al., No. 14-3009, C.D. Calif.).
NEW YORK - The Second Circuit U.S. Court of Appeals on Aug. 31 found that a lower court erred when it prematurely granted summary judgment in favor of insurers on whether Amtrak was entitled to coverage under the Demolition and Increased Cost of Construction (DICC) clause in its insurance policies, vacating and remanding the Superstorm Sandy dispute in part (National Railroad Passenger Corp. v. Aspen Specialty Insurance Co., et al., No. 15-2358, 2nd Cir.; 2016 U.S. App. LEXIS 16074).
TYLER, Texas - Determining that a securities class action lawsuit meets the Federal Rules of Civil Procedure 23(a) and 23(b)(2) requirements for class certification, a federal magistrate judge in Texas on Aug. 29 recommended that a class certification motion be granted and a pension fund be appointed as lead plaintiff (Alan B. Marcus v. J.C. Penney Co. Inc., et al., No. 13-0736, E.D. Texas; 2016 U.S. Dist. LEXIS 115795).
RICHMOND, Va. - A woman on Aug. 26 filed a proposed class action lawsuit against a smoothie chain in Virginia state court, claiming that berries used in the restaurants' smoothies were infected with hepatitis A (HAV) (Laura L. Pyka v. TLC Tropical Smoothie LLC, No. CL16003893-00, Va. Cir., Richmond City).
PHOENIX - The Arizona federal judge overseeing the C.R. Bard inferior vena cava (IVC) filter multidistrict litigation on Aug. 29 denied the plaintiffs' motion to depose a defendant executive, saying the would-be deponent doesn't have unique knowledge that the plaintiffs haven't shows they can't get their answers elsewhere (In Re: Bard IVC Filters Products Liability Litigation, MDL Docket No. 2641, No. 15-md-2641, D. Ariz.).
OWENSBORO, Ky. - A disability insurer must produce information related to its disability medical claims reviewers, a Kentucky federal magistrate judge said Aug. 26, rejecting the insurer's argument in its motion for reconsideration that producing the information would create an undue burden on the insurer (Paulette Owes v. Liberty Life Assurance Company of Boston, No. 15-71, W.D. Ky.; 2016 U.S. Dist. LEXIS 114470