RENO, Nev. – A federal judge in Nevada on Feb. 2 granted the Federal Deposit Insurance Corp. and individual defendants’ motion to dismiss a suit arising from a loan plaintiffs took out with failed bank First National Bank of Nevada (FNB) (Parker’s Model T, et al. v. Federal Deposit Insurance Corp., et al., No. 10-00791, [...]

LOS ANGELES – A federal judge in California on Feb. 1 dismissed a putative class action accusing Bank of America Co. and an affiliate insurer of pulling money from customers’ bank accounts to pay for insurance policies that customers did not request or approve (Jerome White, et al. v. Bank of America Corp., et al., [...]

BALTIMORE – A federal judge in Maryland on Feb. 1 awarded summary judgment to ExxonMobil Oil Corp. after finding that a plaintiff company’s fraudulent concealment claim over problems with an electronic line leak detector was barred by Maryland’s three-year statute of limitations (Storto Enterprises Inc. v. ExxonMobil Oil Corporation, et al., No. 10-1630, D. Md.; [...]

NEW YORK – A proposed class of Verizon Communications Inc. employees in a complaint alleging violations of the Family Medical Leave Act (FMLA) does not meet the commonality and typicality requirements for class certification, a New York federal judge held Feb. 1, citing the recent landmark U.S. Supreme Court case Wal-Mart Stores, Inc. v. Dukes [...]

PHOENIX – A federal judge in Arizona on Nov. 29 preliminarily approved a $ 145 million settlement between shareholders and Apollo Group Inc. and certain of its executive officers to end the long-running securities class action lawsuit (In re Apollo Group, Inc. Securities Litigation, No. 04-2147, D. Ariz.). LexisNexis® Mealey’s™ Daily Legal News

WASHINGTON, D.C. – Saying graphic new cigarette pack warnings ordered by the U.S. Food and Drug Administration violate companies’ First Amendment rights by compelling speech, a judge in the U.S. District Court for the District of Columbia issued a preliminary injunction on Nov. 7 halting enforcement of the requirement in a case of first impression [...]

NEW YORK – Lehman Brothers Holding Inc.’s former directors and plan committee members did not breach fiduciary duties under the Employee Retirement Income Security Act by continuing to offer company stock as an investment option for Lehman’s employee stock ownership plan (ESOP) before the company’s declaring bankruptcy, a federal judge in New York ruled Oct. [...]

NEW YORK – A data protection corporation may not recover its losses arising from a $ 25 million class action settlement because it did not comply with its excess insurance policy’s consent-to-settle provision, a New York federal judge ruled Sept. 9 (Federal Insurance Company v. Safenet Inc., et al., No. 09 CV 7863 [NRB], S.D. [...]

PASCAGOULA, Miss. – A Mississippi Chancery Court judge has ordered Brown & Williamson Tobacco Co. (B&W) to pay the state $ 8.1 million, with more likely to come, saying Aug. 24 that the company avoided millions of dollars in payments called for in a four-state settlement with the major tobacco companies by selling cigarettes under [...]

NEW ORLEANS – The Louisiana federal judge overseeing the Vioxx multidistrict litigation on Aug. 9 approved common benefit fee payments totaling $ 315.2 million to 92 plaintiff law firms (In Re: Vioxx Products Liability Litigation, MDL Docket No. 1657, No. 2:05-med-1657, E.D. La.). LexisNexis® Mealey’s™ Daily Legal News

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