SAN FRANCISCO - A class of long-term renters suing Airbnb Inc. in part for injury in fact due to the company's short-term renters causing damage to common resources failed to demonstrate standing under California's unfair competition law (UCL), a California appellate panel ruled Aug. 10 in an unpublished opinion (Louis Gamache, et al. v. Airbnb, Inc., No. A146179, Calif. App., 1st Dist., Div. 5, 2017 Cal. App. Unpub. LEXIS 5501).
CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on Aug. 10 affirmed that a woman's Illinois state law wage claim is completely preempted by the Employee Retirement Income Security Act because she could have brought her claim under ERISA and because her claims did not implicate a legal duty independent of ERISA (Heather Studer v. Katherine Shaw Bethea Hospital, No. 16-3728, 7th Cir., 2017 U.S. App. LEXIS 14800).
SAN FRANCISCO - A company that provides vehicle service contracts (VSC), also known as extended warranties, cannot be held vicariously liable for telephone calls by telemarketers from All American Auto Protection Inc. (AAAP) that violated the Telephone Consumer Protection Act (TCPA) because the telemarketers were not acting as its agents, the Ninth Circuit U.S. Court of Appeals ruled Aug. 9 (Charles A. Jones, et al. v. Royal Administration Services, Inc., No. 15-17328, 9th Cir., 2017 U.S. App. LEXIS 14671).
ABERDEEN, Miss. - A Mississippi federal judge on Aug. 10 denied an insurer's motion for summary judgment in a suit alleging that the insurer acted in bad faith by failing to pay the insured the full replacement cost of his home after determining that genuine issues of material fact exist regarding the insured's claim for contractual damages (James Whitfield v. Allstate Vehicle and Property Insurance Co., No. 16-51, N.D. Miss., 2017 U.S. Dist. LEXIS 127732).
RICHMOND, Va. - A trial judge erred in applying the doctrine of judicial estoppel to hold that a "reinsurance participation agreement" (RPA) constituted an insurance contract under Virginia law, the Fourth Circuit U.S. Court of Appeals ruled Aug. 11, reversing in part a ruling and remanding for further proceedings (Minnieland Private Day School Inc. v. Applied Underwriters Captive Risk Assurance Company Inc., No. 16-1511, 4th Cir., 2017 U.S. App. LEXIS 14916).
SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on Aug. 10 held that two medical assistants who filed a qui tam lawsuit under the False Claims Act (FCA) against a podiatrist they worked for could not intervene in a criminal forfeiture action brought by the federal government seeking $1.2 million for false billing to Medicare because the employees lacked standing (United States v. Neil A. Van Dyck, et al., No. 16-10160, 9th Cir., 2017 U.S. Dist. LEXIS 14780).
SAN FRANCISCO - The federal judge presiding over the multidistrict litigation for Roundup, the herbicide manufactured by Monsanto Co. that contains glyphosate, on Aug. 9 ordered plaintiffs' counsel to show cause why it should not be removed from the case or otherwise sanctioned monetarily in connection with the law firm's decision to post online disputed documents that Monsanto contends are confidential (In re: Roundup Products Liability Litigation, No. 2741 MDL, N.D. Calif.).
NEW YORK - Despite the parties' Aug. 11 disclosure that they have agreed to resolve Mirena intrauterine device (IUD) secondary perforation claims, the Second Circuit U.S. Court of Appeals that day denied a motion to adjourn Aug. 14 oral arguments about the exclusion of all plaintiffs causation experts and evidence by a New York federal multidistrict litigation judge (In Re: Mirena IUD Products Litigation, Mirena MDL Plaintiffs v. Bayer HealthCare Pharmaceuticals Incorporated, No. 16-2890 and 16-2012, 2nd Cir.).
TRENTON, N.J. - A New Jersey federal judge on Aug. 8 granted a plaintiff's motion to strike and bar Wal-Mart Stores East Inc.'s use of the deposition transcript and documents obtained as a result of a March 28 deposition of the plaintiff's physician, but refused to disqualify Wal-Mart's counsel for conducting the deposition (Patricia Hone v. Wal-Mart, Inc., No. 14-1006, D. N.J., 2017 U.S. Dist. LEXIS 124736).
CHICAGO - Two groups of consumers, both represented by Hagens Berman, filed two separate class complaints, one in the U.S. District Court for the District of Rhode Island on Aug. 7 and the second in the U.S. District Court for the Northern District of Illinois on Aug. 9, accusing CVS Health Corp. and Walgreens Boots Alliance Inc., respectively, of fraudulently driving up the cost of generic drugs (Megan Schultz, et al. v. CVS Health Corporation, No. 17-359, D. R.I., David Grabstald, et al. v. Walgreens Boots Alliance, Inc., No. 17-5789, N.D. Ill.).
DETROIT - A group of Michigan residents on Aug. 8 filed a class action against Ford Motor Co. in Michigan state court contending that the company is liable for groundwater contamination as a result of leaking "highly toxic chemicals" from its facility in Livonia, Mich. (Bruce Tenniswood, et al. v. Ford Motor Co., 17-011941-NZ, Mich. Cir., Wayne Co.).
WASHINGTON, D.C. - An appeal by a patent owner seeking to compel discovery in an infringement action governed by the Biologics Price Competition and Innovation Act of 2009 (BPCIA), Pub. L. No. 111-148, 124 Stat. 119, 804 (2010), was dismissed Aug. 10 by the Federal Circuit U.S. Court of Appeals, which deemed jurisdiction over the dispute lacking under the collateral order doctrine (Amgen Inc. v. Hospira Inc., No. 16-2179, Fed. Cir.).
CHICAGO - Insurers have a duty to defend an insured against class action claims of leaks in windows because neither the economic loss doctrine nor the "your work" exclusion precludes coverage, the Seventh Circuit U.S. Court of Appeals held Aug. 8, reversing an underlying judgment and remanding with instructions to vacate that judgment (Mary Haley, et al. v. Kolbe & Kolbe Millwork Co., et al., Nos. 16-3563 & 16-3648, 7th Cir., 2017 U.S. App. LEXIS 14572).
MONTGOMERY, Ala. - A nonprofit public insurer argues to an Alabama federal court in an Aug. 9 brief that it did not waive its right to arbitrate its $1.3 million lawsuit under a reinsurance agreement and that a reinsurer will not be prejudiced in sending the dispute to arbitration (Alabama Municipal Insurance Corp. v. Munich Reinsurance America Inc., No. 16-cv-00948, M.D. Ala.).
NEW ORLEANS - A panel of the Fifth Circuit U.S. Court of Appeals on Aug. 9 affirmed a decision in favor of Chevron USA Inc. and others to deny a motion to remand a company's claims for fraud, finding that the court did not err in finding that a confidentiality agreement's arbitration provision required that the question of arbitrability must be decided by arbitrators (Brittania-U Nigeria Limited v. Chevron USA, Inc., et al., No. 16-20690, 5th Cir., 2017 U.S. App. LEXIS 14692).
OKLAHOMA CITY - The Oklahoma Supreme Court on Aug. 10 found that a tobacco tax labeled as a "smoking cessation fee" is a revenue-raising tax because the money generated from it is being used to balance the state's budget and, therefore, that it should be stricken in its entirety (James P. Naifeh, et al. v. State of Oklahoma, et al., No. 116102, Okla. Sup.).
JACKSON, Miss. - A Mississippi Court of Appeals panel on Aug. 8 reversed a summary judgment ruling for a casino in a slip-and-fall suit after finding that the plaintiff showed a genuine issue of fact over whether a puddle his wife slipped in was created by condensation from a vent on the ceiling (Peter J. Patricola v. Imperial Palace Of Mississippi LLC., No. 2016-CA-01043, Miss. App., 2017 Miss. App. LEXIS 442).
WASHINGTON, D.C. - A Pennsylvania federal judge did not err in making factual findings not foreclosed by a jury's verdict that a patent plaintiff lacked standing to assert infringement, in connection with a subsequent decision to award two prevailing infringement defendants $3.9 million in attorney fees, the Federal Circuit U.S. Court of Appeals ruled Aug. 10 (AIA America Inc. v. Avid Radiopharmaceuticals, No. 16-2647, Fed. Cir., 2017 U.S. App. LEXIS 14745).
HUNTSVILLE, Ala. - No coverage is owed to an insured for mold damages to an insured's home because the policy at issue contained an endorsement that specifically excluded coverage for mold, an Alabama federal judge said Aug. 9 in granting the insurer's motion for summary judgment (Prithpal Singh v. State Farm Fire & Casualty Co., No. 16-1447, N.D. Ala., 2017 U.S. Dist. LEXIS 125651).