OAKLAND, Calif. — A California federal judge on March 22 granted in part a motion for summary judgment by Apple Inc., finding that the plaintiffs in a putative antitrust class action failed to establish the primary alleged aftermarket for iPhone voice and data services related to claimed service exclusivity through AT&T Mobility, but the judge deemed a narrower aftermarket related to iPhones not unlocked for service provider exclusivity sufficiently alleged (Zack Ward, et al. v. Apple Inc., No. 4:12-cv-05404, N.D. Calif.).
SAN FRANCISCO — A network of “vendors” who perform maintenance and repair services at properties owned by Field Asset Services Inc. (FAS) are employees, not independent contractors, and are owed overtime and business expenses, a California federal judge ruled March 17 in an order granting the vendors’ motion for partial summary judgment and denying FAS’s motion to decertify the class of vendors (Fred Bowerman, et al. v. Field Asset Services Inc., et al., No. 13-57, N.D. Calif., 2017 U.S. Dist. LEXIS 39000).
COLUMBUS, Ohio — An economic expert may opine as to whether the market in which a company’s stock traded was efficient during a class period and whether it is possible to calculate damages on a classwide basis for purposes of liability, an Ohio federal judge ruled March 17 (Alan Willis v. Big Lots Inc., et al., No. 12-0604, S.D. Ohio, 2017 U.S. Dist. LEXIS 38933).
NEWARK, N.J. — Three drug makers and the three largest pharmacy benefit managers have engaged in a pricing scheme to drive up the cost of diabetes insulin — by more than 150 percent in the last five years — in violation of the Racketeer Influenced and Corrupt Organizations Act, the Employee Retirement Income Security Act of 1974, the Sherman Act and numerous state laws, four consumers and Type 1 Diabetes Defense Foundation allege in a March 17 class complaint filed in the U.S. District Court for the District of New Jersey (Julia Boss, et al. v. CVS Health Corporation, et al., No. 17-1823, D. N.J.).
TRENTON, N.J. — A New Jersey federal judge on March 17 decided several motions to exclude testimony in a putative class action against the manufacturer and retailers of a washer that was not energy efficient despite a label on the product (Charlene Dzielak, et al. v. Whirlpool Corp., et al., No. 12-0089, D. N.J., 2017 U.S. Dist. LEXIS 39232).
NEWARK, N.J. — An owner of smart TVs made by Samsung Electronics America Inc. filed a putative class complaint against the manufacturer in New Jersey federal court March 10, alleging that consumers’ private conversations were secretly recorded and intercepted, in violation of the New Jersey Consumer Fraud Act (CFA) and federal privacy laws (Joshua Siegel v. Samsung Electronics America Inc., No. 2:17-cv-01687, D. N.J.).
WASHINGTON, D.C. — The U.S. Supreme Court on March 21 heard arguments from Microsoft Corp. and a class of owners of allegedly defective Xbox gaming systems as to whether an appeals court has jurisdiction to consider a class certification appeal after the plaintiffs have voluntarily dismissed their claims with prejudice (Microsoft Corp. v. Seth Baker, et al., No. 15-457, U.S. Sup.).
JEFFERSON CITY, Mo. — A Missouri federal judge on March 16 granted in part and denied in part motions for summary judgment by insureds and a homeowners insurer in a class action alleging that the insurer committed breach of contract when it unlawfully applied a policy's $1,000 deductible to an actual cash value (ACV) payment in a hailstorm coverage dispute (Eric Lafollette v. Liberty Mutual Fire Insurance Co., No. 14-04147, W.D. Mo., 2017 U.S. Dist. LEXIS 37755).
PHILADELPHIA — While a Telephone Consumer Protection Act (TCPA) class settlement agreement reached in a lawsuit against a water ice company allowed for class counsel to seek attorney fees and expenses up to $1 million, the class counsel are entitled to only $651,000 in fees and $40,073.97 in expenses, a Pennsylvania federal judge ruled March 16 (Sherry Brown, et al. v. Rita’s Water Ice Franchise Company LLC, No. 15-3509, E.D. Pa., 2017 U.S. Dist. LEXIS 37676).
WASHINGTON, D.C. — A Seventh Circuit U.S. Court of Appeals ruling that an Indian tribe’s sovereign immunity bars a man’s class action claims that the tribe violated the Fair and Accurate Credit Transaction Act (FACTA) by printing identifying information on his credit card receipts will stand after the U.S. Supreme Court on March 20 declined to hear the man’s challenge to the decision (Jeremy Meyers v. Oneida Tribe of Indians of Wisconsin, No. 16-745, U.S. Sup.).
COLUMBUS, Ohio — Class certification in a shareholder lawsuit against a broad line closeout retailer and certain of its executive officers is proper because the lead plaintiff in the action has met all statutory requirements needed for certification, a federal judge in Ohio ruled March 17 (Alan Willis v. Big Lots Inc., et al., No. 12-0604, S.D. Ohio, 2017 U.S. Dist. LEXIS 38926).
PIERRE, S.D. — The South Dakota Supreme Court on March 15 upheld the certification of a defendant class represented by the secretary of the State of South Dakota Game, Fish and Parks Department and comprising individuals who have used or will use the water of two South Dakota lakes in a lawsuit filed by landowners whose property around the lakes was partially submerged in 1993 and who have claimed that the public has no right to access the water and ice over top of their property (Thad Duerre, et al. v. Kelly R. Hepler, et al., No. 27885, S.D. Sup., 2017 S.D. LEXIS 29).
RICHMOND, Va. — The Fourth Circuit U.S. Court of Appeals on March 17 affirmed dismissal of a complaint filed by a player of a video game, finding that her claims for recovery of money spent in a virtual casino did not constitute money lost under Maryland's loss-recovery statute (Mia Mason v. Machine Zone Inc., No. 15-2469, 4th Cir., 2017 U.S. App. LEXIS 4766).
NEW YORK — A pension fund has met all statutory guidelines to serve as lead plaintiff in a securities class action lawsuit against Xerox Corp. and certain of its executive officers, a federal judge in New York ruled Feb. 28 in appointing the pension fund as lead plaintiff (Oklahoma Firefighters Pension and Retirement System v. Xerox Corp., et al., No. 16-8260, S.D. N.Y., 2017 U.S. Dist. LEXIS 28445).
BROOKLYN, N.Y. — Shareholders in a securities class action lawsuit against the operator of an online marketplace and certain of its executive officers have failed to show that the defendants issued any material misrepresentations or omission or acted with the requisite scienter, a federal judge in New York ruled March 16 in granting the defendants’ motion to dismiss (Saleh Altayyar, et al. v. Etsy Inc., et al., No. 15-2785, E.D. N.Y.).
SAN JOSE, Calif. — In a March 15 order, a California federal judge denied preliminary approval of a proposed settlement of a class action over Google Inc.’s practice of scanning emails of non-Gmail users, faulting the lack of clear notice and disclosures in the settlement and finding it unclear that the settlement is “fundamentally fair, adequate, and reasonable” (Daniel Matera, et al. v. Google Inc., No. 5:15-cv-04062, N.D. Calif., 2017 U.S. Dist. LEXIS 37370).
LOS ANGELES — A federal judge in California on March 15 substantially dismissed a securities class action complaint against a solar energy products manufacturer and certain of its executive officers, ruling that shareholders failed to plead the requisite elements of a majority of their federal securities laws claims (Kevin T. Know, et al. v. Yingli Green Energy Holding Co. Ltd., et al., No. 15-4003, C.D. Calif., 2017 U.S. Dist. LEXIS 37223).
CHICAGO — An Illinois judge on March 14 approved a liquidator’s recommendation of a payment to a class of homeowners that won a construction defect lawsuit against a group of developers insured by an insolvent insurer (In the matter of the liquidation of Legion Indemnity Co., No. 02 CH 06695, Ill. Cir., Cook Co., Chanc. Div.).
NEW YORK — The lead plaintiff and defendants in a securities class action lawsuit against an online foreign exchange market broker and certain of its officers asked the Second Circuit U.S. Court of Appeals recently to decide whether a federal district court judge erred in dismissing the lead plaintiffs’ amended complaint for failure to plead scienter pursuant to federal securities laws (Retirement Board of the Policemen’s Annuity and Benefit Fund of Chicago v. FXCM Inc., et al., No. 16-3775, 2nd Cir.).
SANTA ANA, Calif. — Lead plaintiffs in a securities class action lawsuit against a drug maker and certain of its executive officers asked a federal judge in California on March 15 to certify a class of investors, arguing that class certification is statutorily appropriate (Hsingching Hsu v. Puma Biotechnology Inc., et al., No. 15-0865, C.D. Calif.).