PHILADELPHIA - Evidence of frequent, regular and proximate exposure to asbestos suffices as specific causation evidence, a couple told a federal judge in Pennsylvania on Nov. 25 in response to a motion for clarification from Ford Motor Co. (Leroy J. Mortimer and Cheryl Mortimer v. A.O. Smith Corp., et al., No. MDL 875, 13-4169, E.D. Pa.).
SAN JOSE, Calif. - The plaintiffs in a putative class action over a breach of Anthem Inc.'s database, which was consolidated with many similar cases, saw their motion to remand to New York state court denied Nov. 24 by a California federal judge, who found that the plaintiffs' state law claims were preempted by the Employee Retirement Income Security Act (ERISA), thus requiring federal jurisdiction (Y. Michael Smilow, et al. v. Anthem Life & Disability Insurance Co., et al., No. 15-cv-04739, N.D. Calif.; 2015 U.S. Dist. LEXIS 159643).
NEW YORK - Defendants' "consistent" reliance on a Mealey's Asbestos Bankruptcy Report commentary and their concern that deposing the authors would provide "leverage" in ongoing negotiations demonstrate the validity of a subpoena, plaintiffs in New York asbestos litigation told a judge Nov. 24 (In re: New York City Asbestos Litigation, All Weitz & Luxenberg Asbestos Cases, No. 040000/88, N.Y. Sup., New York Co.).
NEW YORK - A New York federal judge on Nov. 23 granted a transportation company's request for an injunction freezing $476,700,190.49 in assets and other assets in relation to its petition to confirm a $359,997,368.50 arbitration award that was issued in its favor by the Hong Kong International Arbitration Centre (HKIAC) (GE Transporation [Shenyang] Co. Ltd. v. A-Power Energy Generation Systems Ltd., No. 15-6194, S.D. N.Y.; 2015 U.S. Dist. LEXIS 158230).
SHARJAH, United Arab Emirates - A United Arab Emirates (UAE) gas company on Nov. 29 announced that a London arbitral tribunal has issued a $1,981,951,322 award in its favor and against the Kurdistan Regional Government of Iraq (KRG).
PITTSBURGH - A Pennsylvania federal judge on Nov. 23 found that an economic loss expert in an employment discrimination case did not rely solely upon the plaintiff's "self-serving statements" about his ability to work (Albert E. Gucker v. United States Steel Corp., No. 13-583, W.D. Pa.; 2015 U.S. Dist. LEXIS 157901).
SHERMAN, Texas - An expert based upon his experience within the construction industry may testify with regard to the damage an insured's roof experienced following a wind and hail storm, a Texas federal judge ruled Nov. 23, finding that the expert's testimony is reliable (Kim Gill v. State Farm Lloyds, No. 14-781, E.D. Texas; 2015 U.S. Dist. LEXIS 158070).
WEST PALM BEACH, Fla. - A Florida federal judge on Nov. 23 affirmed a bankruptcy court's decision in favor of a bank, ordering the debtors to surrender the property pursuant to a statement of intention (David A. Failla, et al. v. Citibank N.A., et al., No. 15-80328, S.D. Fla.; 2015 U.S. Dist. LEXIS 157832).
CHICAGO - An Illinois federal judge on Nov. 20 declined to exclude regulation and causation experts in a Paxil suicide case (Wendy B. Dolin, individually and as independent executor of the Estate of Stewart Dolin v. SmithKline Beecham Corp. d/b/a GlaxoSmithKline, No. 12-6403, N.D. Ill.; 2015 U.S. Dist. LEXIS 156877).
ATLANTA - In a breach of warranty lawsuit, an expert failed to use reliable principles or methods in his opinion regarding the cause of a fall from a car hauler, a majority Georgia appeals panel ruled Nov. 20, affirming the entry of summary judgment to the car hauler's manufacturer (Dennis Moore and Lisa Moore v. Cottrell, Inc., No. A15A0802, Ga. App.; 2015 Ga. App. LEXIS 726).
SAN FRANCISCO - An expert's role in a patent infringement lawsuit over the use of a Java operating program does not affect his neutrality in testifying in a copyright infringement lawsuit involving different parties, a California federal judge ruled Nov. 23 (Oracle America, Inc. v. Google, Inc., No. 10-03561, N.D. Calif.; 2015 U.S. Dist. LEXIS 158154).
SEATTLE - An estate's wrongful death asbestos action cannot proceed where the statute of limitations forecloses on the underlying personal injury action, a Washington appeals court held Nov. 23 (Karin Hill, as personal representative of the estate of Heinz Gerhard Schneider v. Bartell's Asbestos Settlement Trust, et al., No. 73960-3-I, Wash. App., Div. 1; 2015 Wash. App. LEXIS 2887).
SAN JOSE, Calif. - A federal judge in California on Nov. 20 granted final approval of a nearly $25 million securities class action settlement, ruling that the settlement has met all statutory requirements for approval (In re Celera Corp. Securities Litigation, No. 10-2604, N.D. Calif.; 2015 U.S. Dist. LEXIS 157408).
SAN DIEGO - A California federal judge on Nov. 20 denied a motion filed by a maker of vodka for summary judgment on claims for violation of California's unfair competition law (UCL) and negligent misrepresentation in relation to terms used on its labels, finding that the safe harbor doctrine was not triggered in the case (Gary Hofmann v. Fifth Generation Inc., et al., No. 14cv2569, S.D. Calif.; 2015 U.S. Dist. LEXIS 157378).
SAN JOSE, Calif. - In five motions to dismiss filed Nov. 23 in California federal court, Anthem Inc. and related entities seek dismissal of a class action over a January 2015 breach of its network, citing of standing, jurisdiction and failure to state a claim (In Re: Anthem Inc., Customer Data Security Breach Litigation, No. 5:15-cv-02617, N.D. Calif.).
BOISE, Idaho - A trial judge did not err in barring expert testimony challenging the accuracy of a breath test, an Idaho appeals panel held Nov. 19, affirming a drunken driving conviction (State of Idaho v. Thomas Fernandez, No. 42370, Idaho App.; 2015 Ida. App. Unpub. LEXIS 435).
DENVER - A damages expert can testify in a breach of the covenant of good faith and fair dealing lawsuit with regard to an independent sales representative agreement, a Colorado federal judge ruled Nov. 19 (Bio Med Technologies Corp. v. Sorin CRM USA, Inc. f/k/a ELA Medical, Inc., No. 14-0154, D. Colo.; 2015 U.S. Dist. LEXIS 157177).
BALTIMORE - A Maryland federal judge on Nov. 20 dismissed two payday lending companies from a consumer's putative class action alleging illegal lending practices after finding that the companies are both arms of a Native American tribe entitled to sovereign immunity (Alicia Everette v. Joshua Mitchem, et al., No. 15-1261, D. Md.; 2015 U.S. Dist. LEXIS 156980).
NEW YORK - A New York federal judge on Nov. 18 granted a Singapore group of company's request to confirm a $765,436.98 arbitral award that was issued in its favor and against a Delaware company in relation to breach of a charter party (Navig8 Chemicals Asia Pte., Ltd., et al. v. Crest Energy Partners LP, No. 15 Civ. 7639, S.D. N.Y.; 2015 U.S. Dist. LEXIS 155820).
WASHINGTON, D.C. - In light of the provision of previously unknown and possibly responsive records pertaining to its Freedom of Information Act (FOIA) lawsuit seeking to compel communications related to Hillary Clinton's use of a personal email account during her tenure as secretary of State, news and entertainment media website operator Gawker Media LLC moved in District of Columbia federal court on Nov. 18 to compel affidavits from certain government personnel regarding the email use and record production of former Deputy Assistant Secretary of State Philippe Reines (Gawker Media LLC, et al. v. Department of State, No. 1:15-cv-00363, D. D.C.).
TRENTON, N.J. - A New Jersey federal judge on Nov. 19 ruled that a class suit alleging that tens of thousands of lease agreements executed by storage unit operators violated New Jersey law belongs in federal court pursuant to the Class Action Fairness Act (CAFA) (Steven Kendall, et al. v. CubeSmart L.P., et al., No. 15-6098, D. N.J.; 2015 U.S. Dist. LEXIS 156447).
SCRANTON, Pa. - Experts cannot testify on contract damages in a breach of supply agreement lawsuit between a supermarket chain and a wholesale distributor because the experts relied on unverified secondhand data as a result of the chain's owners previously destroying their accounting records, a Pennsylvania federal judge ruled Nov. 19 (Michael Bruno, et al. v. Bozzuto's, Inc., No. 09-874, M.D. Pa.; 2015 U.S. Dist. LEXIS 156339).
NEW ORLEANS - A trial court did not err in excluding testimony regarding a man's mental capacity, the Fifth Circuit U.S. Court of Appeals ruled Nov. 19, affirming the man's convictions of drug charges for distribution of heroin (United States of America v. Armando Bardales, No. 15-40013, 5th Cir.; 2015 U.S. App. LEXIS 20246).
WASHINGTON, D.C. - A District of Columbia federal judge on Nov. 20 granted a Canadian gold mining company's petition to confirm a $740.3 million arbitration award issued in its favor and against the Bolivarian Republic of Venezuela, finding that the award did not violate public policy and that all of the relevant factors weighed in favor of confirmation (Gold Reserve Inc. v. Bolivarian Republic of Venezuela, No. 1:14-cv-2014, D. D.C.).
ATLANTA - An insurer on Nov. 17 moved in Georgia federal court to bifurcate a global bitcoin processor's bad faith claim against it from a breach of contract claim, asserting that "under Georgia law, a bad faith claim . . . cannot proceed unless coverage under an insurance policy is found" (Bitpay Inc. v. Massachusetts Bay Insurance Co., No. 1:15-cv-03238, N.D. Ga.).