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'Misbranded Food Products' Case Misses Heightened Pleading Mark, Judge Says
SAN JOSE, Calif. - A woman's use of the phrase "misbranded food products" in her California unfair competition law (UCL) action falls short of the heightened standard for fraud allegations, a federal...
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Presumption Of Prudence Applies; Judge Dismisses Pfizer Stock-Drop Case
NEW YORK - A federal judge in New York on March 29 dismissed claims by participants in Pfizer Inc.'s retirement savings plans that the plan fiduciaries breached their fiduciary duties under the...
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Class Action Alleging Privacy Breaches By Google Android Operating System Tossed
SAN FRANCISCO - Relying heavily on In re iPhone Application Litigation (2011 U.S. Dist. LEXIS 106865 $(N.D. Calif. 2011$)), a California federal judge on March 26 mostly dismissed a class action...
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Yahoo's Supply Of User Info Per Subpoenas Protected By Law, 9th Circuit Rules
SAN FRANCISCO - Because Yahoo! Inc. complied with two grand jury subpoenas in good faith when it supplied the government with subscriber information, a Ninth Circuit U.S. Court of Appeals panel on...
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Judge Dismisses Antitrust Class Action Against Inflight Internet Provider
SAN FRANCISCO - Three airline travelers have failed to show that "there has been a substantial foreclosure of competition in the relevant market" of providers of Internet connectivity on domestic...
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Countrywide Reaches $500M Settlement In Mortgage-Backed Securities Class Actions
LOS ANGELES - Countrywide Financial Corp. will pay $500 million to shareholders in three related securities class action lawsuits to settle claims that it misrepresented the investment quality of...
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Citigroup, Others To Pay $730M To Settle Federal Securities Law Claims
NEW YORK - Shareholders and Citigroup Inc. and other defendants in a securities class action lawsuit alleging that the defendants misrepresented the investment quality of stock offerings in violation...
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Bayer Combination Aspirin Refund Class OK'd, But Judge Denies 1 Cy Pres...
BROOKLYN, N.Y. - A New York federal judge on April 8 certified a $15 million refund class settlement for consumers who purchased Bayer Aspirin with Heart Advantage and Bayer Women's Low Dose Aspirin +...
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Insurer's Conclusion That Autism Therapy Is Experimental Is Arbitrary, Judge...
DETROIT - A health insurer arbitrarily and capriciously denied coverage for applied behavioral analysis (ABA) therapy for autism based on the plan's exclusion for experimental treatment under the...
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Plan Administrator Didn't Breach Fiduciary Duties In Mental Health Parity Case
SEATTLE - A health plan administrator did not breach its fiduciary duties under the Employee Retirement Income Security Act by failing to modify its coverage certificates to reflect a court order that...
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Ohio Federal Judge Rejects Request For Protective Order In Overtime Class Suit
COLUMBUS, Ohio - A protective order is not warranted in a nurse's class overtime suit, an Ohio federal judge ruled April 4, overruling a magistrate judge's opinion and order issued earlier this year...
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Conn. Federal Judge Denies Transfer, Dismissal Of Overtime Collective Suit
NEW HAVEN, Conn. - A collective suit seeking unpaid overtime filed by home health clinicians may not be transferred to the state when the workers' former employer is headquartered or dismissed, a...
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Louisiana Federal Judge Grants Remand In Health Care Reimbursement Dispute
LAFAYETTE, La. - A Louisiana federal judge on April 4 granted a motion to remand in a class action health care reimbursement case, saying that one of the defendants was not fraudulently joined and that...
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The Hard Stop On 'Adventurous Innovation' In Class Action Litigation: The...
By Michael Mallow and Livia Kiser I. Comcast v. Behrend: The Class Action Mechanism Under Scrutiny Comcast v. Behrend is the latest opinion issued by the U.S. Supreme Court interpreting and applying...
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Court: Coverage Exists For Claims Insured Did Not Participate In Birth Injury...
RICHMOND, Va. - A majority of the Virginia Supreme Court on April 18 affirmed a lower court's finding that a professional liability insurer has duty to defend and indemnify its insured against an...
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Federal Circuit Reverses Dismissal Of Patent Claims Against Time Warner
WASHINGTON, D.C. - A California federal judge applied an incorrect standard in dismissing claims of patent infringement levied against Time Warner Cable Inc. (TWC) and DirectTV, the Federal Circuit...
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7th Circuit: Worker's Bias Claims Fail As She Could Not Not Perform Her Job...
CHICAGO - An employee who suffered permanent lifting restrictions following an on-the-job injury failed to show that she was discriminated against when she was denied two different positions based on...
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W.R. Grace Asbestos Trust To Receive $900,000 From Deal With Insurer
WILMINGTON, Del. - A federal bankruptcy judge in Delaware on April 17 approved a settlement agreement between Chapter 11 debtor W.R. Grace & Co. and one of its insurers that will provide more than...
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Texas Panel: Man Failed To Show Beverage Distributor Caused His Eye Injuries
HOUSTON - A Texas appellate panel on April 18 affirmed summary judgment for the defendant in a personal injury action involving an exploding beer bottle, concluding that the plaintiff failed to...
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Texas Appeals Panel Dismisses Malpractice Claims Against Radiologist
HOUSTON - A Texas appellate panel on April 18 dismissed medical malpractice claims against a radiologist, ruling that the plaintiff's expert failed to show that the defendant's negligence caused a...
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