Apr
4
United States Denied Motion To Dismiss Crop Loss Suit For Herbicide Crop Damage
April 4, 2012 | Leave a Comment
POCATELLO, Idaho – A lawsuit filed in the U.S. District Court for the District of Idaho by a group of six Idaho farmers who allege reduced sugar beet, wheat and potato yields because of sulfonylureas herbicide drift from Bureau of Land Management land survived a defense motion to dismiss; the presiding judge denied the statute [...]
Mar
14
Judge: Fraudulent Concealment Claim In Suit Over Faulty Leak Detector Untimely
March 14, 2012 | Leave a Comment
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.; [...]
Mar
11
New York Federal Judge Denies Class Certification In FMLA Suit Against Verizon
March 11, 2012 | Leave a Comment
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 [...]
Feb
10
Appeals Panel Upholds Use Of Pro-Rata Approach In Lead Coverage Suit
February 10, 2012 | Leave a Comment
BALTIMORE – An insurer is liable for less than 45 percent of a jury verdict entered in favor of a tenant who sustained injuries as a result of lead paint in the insured’s property because the insurer can be liable only for the time that it insured the property owner, the Fourth Circuit U.S. Court [...]
Jan
2
Parties Move To Dismiss All Claims In Auction-Rate Securities Suit
January 2, 2012 | Leave a Comment
BOSTON – Shareholders and Deutsche Bank AG (DB) have agreed to resolve all outstanding disputes in a securities lawsuit alleging that DB wrongly invested more than $ 200 million in auction-rate securities, according to a Dec. 19 joint motion to dismiss filed by both parties in Massachusetts federal court (Akamai Technologies, et al. v. Deutsche [...]
Dec
31
Settlement Money To Be Distributed In Wal-Mart Gender Discrimination Suit
December 31, 2011 | Leave a Comment
LONDON, Ky. – More than 1,300 women who were denied employment at a Wal-Mart Stores Inc. distribution center will receive payments ranging from $ 2,000 to $ 52,500 under a settlement of gender discrimination claims brought by the U.S. government more than 10 years ago, according to a Dec. 20 order approving a final notice [...]
Dec
28
E*TRADE Announces $ 79M Settlement Of Subprime Claims In Securities Suit
December 28, 2011 | Leave a Comment
NEW YORK – E*TRADE Financial Corp. has agreed to a $ 79 million settlement with investors to settle claims that it misrepresented the risk associated with its investment in subprime mortgage-backed securities in violation of federal securities laws, according to a Securities and Exchange Commission Form 8-K filed by E*TRADE on Dec. 21 (Larry Freudenberg [...]
Nov
13
High Court Won’t Hear Appeal In Dana Corp. Securities Class Action Suit
November 13, 2011 | Leave a Comment
WASHINGTON, D.C. – The U.S. Supreme Court on Nov. 7 ruled that it will not hear an appeal of a Sixth Circuit U.S. Court of Appeals ruling that shareholders have properly pleaded scienter in making their federal securities law claims against two executive officers of Dana Corp. (Michael J. Burns, et al. v. Plumbers & [...]
Sep
8
6th Circuit Reinstates Volunteer Firefighter’s Sexual Harassment Suit
September 8, 2011 | Leave a Comment
CINCINNATI – An Ohio federal judge erred when he limited his analysis to remuneration when considering whether an Ohio volunteer fire department’s firefighters were employees under the requirements of Title VII of the Civil Rights Act of 1964 during the time one of the firefighters claims she was sexually harassed by the fire chief, a [...]
Sep
5
Ecuadorian Plaintiffs Denied Judgment On Pleadings In $ 18 Billion Pollution Suit
September 5, 2011 | Leave a Comment
NEW YORK – Representatives of the Lago Agrio, Ecuador, plaintiffs (LAP) joined in the U.S. District Court for the Southern District of New York litigation by Chevron Corp. for an injunction declaring an $ 18 billion judgment for alleged contamination of the Amazon basin unenforceable were denied judgment on the pleadings on Aug. 31 by [...]