FRESNO, Calif. - A California federal judge on March 3 adopted in full a magistrate judge's January recommendation to approve a $900,000 settlement to be paid by CVS Pharmacy Inc. to end wage claims brought by distribution center workers (Leticia Ceja-Corona, et al. v. CVS Pharmacy, Inc., No. 12-1868, E.D. Calif.; 2015 U.S. Dist. LEXIS 25730).
DALLAS - Third-party beneficiaries did not prove that all damages awarded against an insured in an underlying construction defects lawsuit are covered by the commercial general liability insurance policy, a Texas appeals panel held March 3, reversing a trial judge's judgment and rendering a take-nothing judgment in favor of the insurer (Dallas National Insurance Co. v. Calitex Corp., et al., No. 05-13-01505-CV, Texas App., 5th Dist.; 2015 Tex. App. LEXIS 2002).
SAN FRANCISCO - A California woman on March 4 filed a class action lawsuit in federal court against Lumber Liquidators Inc., claiming that the company violated state consumer fraud laws by selling laminate flooring manufactured in China that contains levels of formaldehyde that exceed limits allowed by the state (Shelley Conte, et al. v. Lumber Liquidators Inc., et al., No. 15-cv-1012-JCS, N.D. Calif.).
WASHINGTON, D.C. - Both sides faced critical questioning from Justice Anthony Kennedy during oral arguments March 4 in the case challenging the availability of subsidies in the Patient Protection and Affordable Care Act (ACA) federal exchange (David King, et al. v. Sylvia Mathew Burwell, et al., No. 14-114, U.S. Sup.).
NEW YORK - The federal judge overseeing the General Motors LLC (New GM) ignition switch litigation on March 3 denied as "premature" a motion by the plaintiffs for an order requiring the automaker to provide unredacted versions of documents related to the automakers board of directors (In re: General Motors LLC Ignition Switch Litigation, No. 14-md-2543, S.D. N.Y.).
NEW YORK - General Motors LLC (New GM) on March 2 asked the judge overseeing the ignition switch multidistrict litigation to dismiss 303 suits without prejudice for failure to comply with discovery requirements (In re: General Motors LLC Ignition Switch Litigation, No. 14-md-2543, S.D. N.Y.).
SAN FRANCISCO - In a March 2 corrected ruling, a California federal magistrate judge applied a legal standard championed by Twitter Inc. and an amicus curiae and reversed an earlier order in which she had granted a defamation plaintiff's motion to compel discovery of two anonymous Twitter users, concluding upon reconsideration that their postings were protected under the First Amendment to the U.S. Constitution (Music Group Macao Commercial Offshore Ltd., et al. v. John Does I-IX, No. 3:14-mc-80328, N.D. Calif.).
MIAMI - A Florida man on March 3 filed a class action lawsuit in federal court, claiming that veneer flooring manufactured in China and sold by Lumber Liquidators Inc. contains toxic levels of the carcinogen formaldehyde (Joaquin Badias, et al. v. Lumber Liquidators Inc., et al., No. 15-cv-20876, S.D. Fla.).
MINNEAPOLIS - A Minnesota federal judge on Feb. 27 certified a class of Minneapolis homeowners suing General Mills Inc. (GMI) for alleged contamination in the neighborhood near a former GMI facility (Karl Ebert, et al. v. General Mills, Inc., No. 13-3341, D. Minn.; 2015 U.S. Dist. LEXIS 23736).
HOUSTON - A Texas federal judge on March 2 granted summary judgment for a bank, finding that a borrower's claims for fraud and breach of contract in relation to his loan modification failed (Andre Matthews v. JPMorgan Chase Bank N.A., No. 14-2266, S.D. Texas; 2015 U.S. Dist LEXIS 24723).
NEW YORK - In a March 2 judgment, a New York federal judge sentenced a confessed hacker to 24 months' imprisonment for his illegal access to at least 400 victims' computers via remote access tool (RAT) malicious software (malware) (United States of America v. Kyle Fedorek, No. 1:14-cr-00548, S.D. N.Y.).
DENVER - A dispute over trademarked bovine serums will proceed with a temporary restraining order in place, thanks to a March 3 ruling by a Colorado federal judge (Atlas Biologicals Inc. v. Thomas Kutrubes, No. 15-355, D. Colo.; 2015 U.S. Dist. LEXIS 25502).
PORTLAND, Ore. - An Oregon federal judge found March 3 that an insurer has no duty to indemnify its insured for an underlying arbitration award entered against it because the technology errors and omissions liability insurance policy's warranty exclusion precludes recovery (Travelers Property Casualty Company of America v. Serverlogic Corp., et al., No. 13-2128-SI, D. Ore.; 2015 U.S. Dist. LEXIS 25460).
NEW YORK - A New York appellate panel majority on March 3 found that a breach of contract claim brought by the purchaser of a 115-apartment residential building over air infiltration issues was barred by the purchase agreement's statute of limitations and that the buyer could pursue claims over allegedly fraudulent statements made by the sellers of the building (TIAA Global Investments LLC, et al. v. One Astoria Square LLC, et al., No. 652907/12, N.Y. Sup., App. Div., 1st Dept.; 2015 N.Y. App. Div. LEXIS 1756).
SANTA ANA, Calif. - A California appeals panel on March 2 affirmed a defense verdict in a shoulder pain pump case, saying evidence that the Food and Drug Administration did not approve the pump's use is irrelevant because the plaintiff failed to prove that he had an injury caused by the pump (In Re Infusion Pump Cases, No. G048732, Calif. App., 4th Dist., Div. 3).
SAN ANTONIO - A Texas federal judge on March 3 certified a lender's motion to dismiss claims against it for violation of the Truth in Lending Act (TILA) and the Home Ownership and Equity Protection Act (HOEPA) to the Fifth Circuit U.S. Court of Appeals (David Leonard Orosco v. Ovation Lending LLC, No. 14-CV-00897, W.D. Texas; 2015 U.S. Dist. LEXIS 25371).
GREENVILLE, N.C. - Five commercial general liability insurers had a duty to defend and share equally in defense costs in the three underlying construction defect lawsuits against their mutual insured, a North Carolina federal judge ruled Feb. 27 (Harleysville Mutual Insurance Co. v. Hartford Casualty Insurance Co., et al., No. 11-187, E.D. N.C.; 2015 U.S. Dist. LEXIS 25362).
SEATTLE - A shipbuilder's reliance on rulings in the federal asbestos multidistrict litigation ignores that even the multidistrict litigation judge agreed that circumstantial evidence can be used to establish causation, a federal judge in Washington held March 2 in denying rehearing (Connie M. McCrossin, et al. v. IMO Industries Inc., et al., No. 14-5382, W.D. Wash.; 2015 U.S. Dist. LEXIS 24952).
CHARLESTON, W.Va. - A pelvic mesh multidistrict litigation bellwether trial involving an Ethicon Prolift device got under way on March 2 in a West Virginia federal court (Dianne M. Bellew v. Ethicon, Inc., et al., No. 13-22473, S.D. W.Va.).
MEDFORD, Ore. - An Oregon federal judge on March 2 granted an executive and organization liability insurer's motion for summary judgment as to a bad faith claim, finding that the insurer's denial of coverage was not unreasonable (Daryl J. Kollman, et al. v. National Union Fire Insurance Company of Pittsburgh, PA, No. 04-3106, D. Ore.; 2015 U.S. Dist. LEXIS 25464).