SAN FRANCISCO - An Uber Technologies Inc. customer's class complaint alleging that the ride-sharing app's cancellation fees are arbitrary may proceed, a California federal judge ruled April 17, denying the company's motion to compel arbitration (Julian Metter v. Uber Technologies, Inc., No. 16-6652, N.D. Calif., 2017 U.S. Dist. LEXIS 58481).
CLEVELAND - Ohio's Supreme Court on April 19 agreed to wade into a dispute over the admissibility of expert causation testimony in an asbestos case, according to its docket (Mark Schwartz, et al. v. Honeywell International Inc., et al., No. 103377, Ohio Sup.).
NEW YORK - A Second Circuit U.S. Court of Appeals panel on April 14 affirmed a New York federal judge's dismissal of a plaintiff's claims for pension and stock benefits on timeliness grounds, saying that his complaint was filed well outside of the six-year limitations period that applies to Employee Retirement Income Security Act claims (Benjamin Reches v. Morgan Stanley & Co. Inc., No 16-3294, 2nd Cir., 2017 U.S. App. LEXIS 6490).
PHILADELPHIA - A decision by a Pennsylvania federal judge to "eschew" statutory damages and award more than $4 million to a trademark plaintiff was an abuse of discretion because "the record was insufficient to approximate actual damages," the Third Circuit U.S. Court of Appeals ruled April 18 (Covertech Fabricating Inc. v. TVM Building Products Inc., No. 15-3893, 3rd Cir., 2017 U.S. App. LEXIS 6588).
PHOENIX - Blood-testing start-up Theranos Inc. on April 18 agreed to pay $4.85 million to Arizona as full restitution to state residents who had their blood tested under the company's auspices only to have 834,233 test results voided (State of Arizona, et al. v. Theranos, Inc., No. n/a, Ariz. Super., Maricopa Co.).
WASHINGTON, D.C. - The U.S. Supreme Court on April 18 heard oral arguments in an appeal of a 10th Circuit U.S. Court of Appeals ruling that determined that disgorgement is not a penalty or forfeiture pursuant to 28 U.S. Code Section 2462, U.S.C. 2462, and thus, is not subject to a five-year statute of limitations (Charles R. Kokesh v. Securities and Exchange Commission, No. 16-529, U.S. Sup.).
WASHINGTON, D.C. - The U.S. Supreme Court on April 17 heard oral arguments in an appeal of a Second Circuit U.S. Court of Appeals ruling affirming that shareholders that filed a securities class action lawsuit after opting out of settlement class against the same defendants were barred from doing so as their claims were outside the statute of repose (California Public Employees' Retirement System v. Moody Investors Service Inc., et al., No. 16-373, U.S. Sup.).
BAY CITY, Mich. - A Michigan federal judge on April 13 directed an Indian tribe's health care plan administrator to respond to the tribe's request to file four sealed summary judgment documents on the public record in the tribe's lawsuit alleging violations of the Employee Retirement Income Security Act (Saginaw Chippewa Indian Tribe of Michigan, et al. v. Blue Cross Blue Shield of Michigan, No. 1:16-cv-10317, E.D. Mich., 2017 U.S. Dist. LEXIS 56562).
WASHINGTON, D.C. - Vacating a $2.7 million sanctions award against Goodyear Tire & Rubber Co. in a product liability suit, the U.S. Supreme Court on April 18 ruled that such an award must have a causal link to costs incurred by the opposing party that are attributable to the misconduct (Goodyear Tire & Rubber Co. v. Leroy Haeger, et al., No. 15-1406, U.S. Sup., 2017 U.S. LEXIS 2613).
NEW YORK - The Second Circuit U.S. Court of Appeals on April 14 rejected an appeal of a court decision that refused to certify multiple class actions asserting violations of labor law, finding that the court's ruling was well reasoned and that it did not err when it found that the proposed classes failed to meet the sufficient requirements for class certification (Donna Ruiz, et al. v. Citibank, N.A., No. 15-3941 and Frederic Winfield, et al. v. Citibank, N.A., No. 15-3946, 2017 U.S. App. LEXIS 6399).
SEATTLE - A Washington federal judge on April 17 entered judgment in favor of an insurer three days after granting its motion for judgment on the pleadings in its lawsuit disputing coverage for underlying direct infringement, contributory infringement and vicarious liability claims brought against its insured Zillow Inc. (National Union Fire Insurance Co. v. Zillow, Inc., No.16-1461, W.D. Wash., 2017 U.S. Dist. LEXIS 57496).
ST. PAUL, Minn. - Thirty-three laid-off General Mills Inc. workers must have their age discrimination claims decided in arbitration individually, and not as a class, and they are not entitled to declaratory judgment regarding their rights under the Age Discrimination in Employment Act (ADEA) because the judgment would not resolve their claims, the Eighth Circuit U.S. Court of Appeals held April 14 (Elizabeth McLeod, et al. v. General Mills, Inc., et al., No. 15-3540, 8th Cir., 2017 U.S. App. LEXIS 6422).
TALLAHASSEE, Fla. - An attorney's referral of a client to a particular physician constitutes a confidential communication that is protected by attorney-client privilege, a majority in the Florida Supreme Court ruled April 13, reversing an appeals court finding that such a referral relationship is discoverable as a means of determining potential bias by the physician in a personal injury lawsuit (Heather Worley v. Central Florida Young Men's Christian Association, et al., No. SC15-1086, Fla. Sup., 2017 Fla. LEXIS 812).
CHICAGO - The Seventh Circuit U.S. Court of Appeals on April 14 affirmed a district court's dismissal of a disability claimant's allegation of deprivation of rights after determining that the pension plan that administered the disability plan at issue did not act in the interests of the "state" as required by the federal statute governing the claim for deprivation of rights (Joseph Reinwand v. National Electrical Benefit Fund, et al., No. 16-3381, 7th Cir., 2017 U.S. App. LEXIS 6472).
SAN FRANCISCO - Indonesia's interests in preventing, and compensating for, asbestos exposures by residents support a judge's conclusion that Hawaii is not the best forum for a former chemistry teacher's lawsuit, a divided Ninth Circuit U.S. Court of Appeals panel held April 14 (James S. Herbert, et al. v. Fisher Scientific Co. LLC, et al., No. 14-15760, 9th Cir., 2017 U.S. App. LEXIS 6464).
WASHINGTON, D.C. - A District of Columbia federal judge on April 13 granted a technology development company's request to amend a judgment that confirmed a $52,087,465.69 arbitral award issued in its favor and against the Hellenic Republic, adding the tribunal's award of costs and converting the entire ruling into U.S. dollars (Science Applications International Corp. v. The Hellenic Republic, No. 1:13-cv-01070, D. D.C.).
ST. LOUIS - A settlement agreement between an association and an insured general contractor over allegations of defective construction violated an insurance policy's cooperation clause and, thus, is unenforceable, the Eighth Circuit U.S. Court of Appeals affirmed April 17 (James River Insurance Co. v. The Interlachen Propertyowners Association and Kuepers Construction Inc., No. 16-2994, 8th Cir.).
ALEXANDRIA, Va. - A patented network-computer-based personal contact manager system renders a claimed system for sharing information over the internet unpatentable, Facebook Inc. alleges in an April 14 petition for inter partes review filed with the Patent Trial and Appeal Board (Facebook Inc. v. ZKey Investments LLC, No. IPR2017-01278, PTAB).
CHARLESTON, S.C. - A South Carolina federal judge on April 14 denied an electric and gas company's motion for partial summary judgment in its lawsuit seeking defense as an additional insured under a commercial general liability insurance policy for two underlying personal injury lawsuits (South Carolina Electric and Gas Co. v. Old Republic Insurance Co., et al., No. 16-2468, D. S.C., 2017 U.S. Dist. LEXIS 57261).
CHICAGO - A jury in Illinois federal court on April 13 issued a verdict against a group of residents who had sued two companies for allegedly contaminating its groundwater with vinyl chloride. The verdict sheet did not elaborate on the jury's decision (Village of Sauk Village v. Roadway Express Inc., et al., No. 15-9183, N.D. Ill.).
NEW YORK - In an April 17 ruling, a New York federal judge rejected a request by a plaintiff for intentional interference with contractual relations damages in connection with enforcement efforts by the agent for BMG Rights Management US LLC (Windstream Services LLC v. BMG Rights Management US LLC and Rightscorp Inc., No. 16-5015, S.D. N.Y., 2017 U.S. Dist. LEXIS 58204).
DAYTONA BEACH, Fla. - A homeowner's construction defects lawsuit against the builder of his home was reinstated by a Florida appeals panel on April 13; the court found that the action was not barred by the 10-year statute of repose (Timothy Busch v. Lennar Homes, LLC, No. 5D16-1626, Fla. App., 5th Dist., 2017 Fla. App. LEXIS 5106).
DENVER - A Colorado federal judge held April 13 that a professional liability insurer has failed to sufficiently demonstrate that it was prejudiced by a hospital insured's delayed notice of an underlying medical malpractice dispute (Children's Hospital Colorado v. Lexington Insurance Co., No. 15-01904, D. Colo., 2017 U.S. Dist. LEXIS 56892).