THE HAGUE, Netherlands - A decision by the Permanent Court of Arbitration (PCA) was released July 20 in which a tribunal ordered a Netherlands company and the Republic of Poland to pay costs incurred during arbitration over land rights (Enkev Beheer B.V. v. The Republic of Poland, No. 2013-01, PCA).
SAN JOSE, Calif. - A California federal magistrate judge on July 15 granted in part and denied in part an insurer's motion to compel an insured to respond further to its first set of requests for production in a coverage lawsuit over an underlying trade secret dispute (Silicon Storage Technology Inc. v. National Union Fire Insurance Co. of Pittsburgh, Pa., et al., No. 13-05658, N.D. Calif.; 2015 U.S. Dist. LEXIS 92775).
MOUNT VERNON, Ill. - No issue of material fact remains as to whether a nurse assigned by a health care staffing agency to work in a hospital was a temporary employee of the hospital when she was injured after slipping and falling on the hospital premises, an Illinois appeals court ruled July 16 (Shelley Reichling v. Touchette Regional Hospital Inc., No. 5-14-0412, Ill. App., 5th Dist.; 2015 Ill. App. LEXIS 543).
PHILADELPHIA - The Third Circuit U.S. Court of Appeals on July 17 granted leave to consumer advocacy group Public Citizen Inc. to file an amicus curiae brief in support of a group of former National Football League players seeking reversal of the approval of a class action settlement of brain-injury claims against the league (In re: NFL Players Concussion Injury Litigation, Nos. 15-2206, et al., 3rd Cir.).
CHICAGO - The judge overseeing the brain-injury multidistrict litigation against the National College Athletic Association should certify a personal injury class to resolve an alleged conflict of interest in the proposed $75 million settlement of the litigation, a former student-athlete argues in a brief filed July 16 (In re National Collegiate Athletic Association Student-Athlete Concussion Injury Litigation, MDL No. 2492, Master Docket No. 1:13-cv-09116, N.D. Ill.)
NEW YORK - Health care providers are not beneficiaries of their patients' health insurance plans and, therefore, do not have standing to assert anti-retaliation protections under the Employee Retirement Income Security Act, the Second Circuit U.S. Court of Appeals affirmed July 15 (Henry L. Rojas, M.D., et al. v. Cigna Health and Life Insurance Company, et al., No. 14-3455, 2nd Cir.; 2015 U.S. App. LEXIS 12210).
TORONTO - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on July 20 released an order granting a request by Canada and a U.S. corporation for leave to directly examine two witnesses in the case and granting Canada's request to file new exhibits (Mercer International, Inc. v. Canada, No. ARB[AF/12/3], ICSID).
WASHINGTON, D.C. - After two Ugandan entities and the Republic of Uganda notified the International Centre for Settlement of Investment Disputes (ICSID) that they have settled their dispute over a production-sharing agreement, the tribunal on July 15 issued an order discontinuing the case (Tullow Uganda Operations Pty Ltd., et al. v. the Republic of Uganda, No. ARB/13/25, ICSID).
SYRACUSE, N.Y. - A federal judge in New York on July 14 affirmed a magistrate judge's ruling denying a reinsurer's motion to compel discovery, holding that the magistrate judge's ruling was not clearly erroneous or contrary to the law (Utica Mutual Insurance Company v. Clearwater Insurance Company, No. 13-cv-01178, N.D. N.Y.).
LOS ANGELES - A California appeals court panel on July 16 reinstated a $6.5 million Actos bladder cancer verdict, finding that the trial court erred in excluding the plaintiffs' causation expert in a post-verdict ruling (Nancy Cooper, et al. v. Takeda Pharmaceuticals America, Inc., et al., No. B250163, Calif. App., 2nd Dist., Div. 3; 2015 Cal. App. Unpub. LEXIS 4965).
FORT SMITH, Ark. - An insurer is to produce certain documents pertaining to a construction project at issue in a subrogation lawsuit over costs associated with payment to complete and repair a subcontractor's work, an Arkansas federal judge ruled July 16 (Hartford Fire Insurance Co. v. The Harris Company of Fort Smith Inc. v. Limestone Development LLC and ARK-CON Testing Service Inc., No. 14-02096, W.D. Ark.; 2015 U.S. Dist. LEXIS 92607).
WASHINGTON, D.C. - Citing the presumption against subpoenaing high-ranking government officials and the plaintiffs' failure to establish that they cannot obtain the information sought from other sources, a District of Columbia federal judge on July 16 granted the government's motion to quash a subpoena seeking testimony from the secretary of the Department of Homeland Security (DHS) in a lawsuit alleging privacy violations by the government's retention, search and use of the plaintiffs' emails (Gilberte Jill Kelley, et al. v. Federal Bureau of Investigation, et al., No. 1:13-cv-00825, D. D.C.).
BALTIMORE - Expert witnesses for the U.S. government in a case alleging that actions of the operator of a mobile X-ray business in committing Medicare fraud caused the deaths of four people can testify as to the "but-for" causation of death standard for two of the deceased patients but cannot testify about the but-for cause of bodily injury because the government relies on an incorrect definition of that standard, a Maryland federal judge held July 14 (United States of America v. Rafael Chikvashvili, No. 14-0423, D. Md.; 2015 U.S. Dist. LEXIS 91680).
NEW YORK - A New York federal judge on July 14 granted a petition to confirm a $9,933,900 award issued in favor of a Japanese company in a dispute over a shipping contract, finding nothing that would warrant vacating the award (NS Tinited Kailin Kaisha, Ltd. v. Cogent Fibre Inc., No. 15-1784, S.D. N.Y.).
AUSTIN, Texas - Efforts by Samsung Austin Semiconductor (SAS) LLC to quash a subpoena by Rembrandt Secure Computing LP in Rembrandt's patent lawsuit against Apple Inc. were largely successful on July 15 (Rembrandt Secure Computing LP v. Apple Inc. et al., No. 15-438, W.D. Texas; 2015 U.S. Dist. LEXIS 91756).
COLUMBUS, Ohio - A copyright infringement plaintiff has 30 additional days to engage in discovery with Kohl's Department Stores Inc. in connection with a thumbnail image of a reindeer figurine, an Ohio federal magistrate judge ruled July 15 (Hua-Cheng Pan v. Kohl's Department Stores Inc., No. 12-1063, S.D. Ohio; 2015 U.S. Dist. LEXIS 92001).
HOUSTON - After finding that a consultant would be prejudiced by having to arbitrate his claims in India, a Texas federal judge on July 13 denied a motion to compel arbitration under a consulting agreement (Growtech Partners, et al. v. Accenture LLP, et al., No. 14-3307, S.D. Texas; 2015 U.S. Dist. LEXIS 91511).
NEW YORK - The Equal Employment Opportunity Commission on July 15 filed a religious bias lawsuit against United Parcel Service Inc. in New York federal court, accusing the company of unlawfully discriminating against a class of male applicants and employees who have beards or long hair as part of their religious observance (Equal Employment Opportunity Commission v. United Parcel Service, Inc., No. 15-4141, E.D. N.Y.).
MISSOULA, Mont. - A Montana federal magistrate judge on July 14 ruled that several statements made by a liability expert for a man claiming that he was arrested without probable cause are inadmissible for several reasons, including that they are legal conclusions or they constitute speculation or subjective belief (Anthony Chaney v. Daniel Wadsworth, et al., No. 14-177, D. Mont.; 2015 U.S. Dist. LEXIS 91897).
WASHINGTON, D.C. - After hearing arguments regarding an award of sanctions against the attorneys in a patent litigation that has spanned more than 13 years and four appeals, a Federal Circuit U.S. Court of Appeals panel on July 15 affirmed a district court's assessment of almost $200,000 in sanctions against the attorneys related to discovery abuses surrounding their client's false deposition testimony (Alexander S. Orenshteyn, et al. v. Citrix Systems Inc., No. 15-1056, Fed. Cir.).
COLUMBUS, Ohio - Finding it clear that the computer hard drives of a man accused of illegal online file sharing are relevant to the copyright infringement claim against him, an Ohio federal judge on July 14 ordered production of the drives for examination under a protective order shielding any portions of the drives designated as confidential by the defendant (Malibu Media LLC v. David Ricupero, No. 2:14-cv-00821, S.D. Ohio; 2015 U.S. Dist. LEXIS 91263).
LOS ANGELES - In a pair of July 10 in chambers orders, a California federal magistrate judge found deposition-related violations by two lawyer placement firms embroiled in a trademark infringement and unfair competition lawsuit, awarding sanctions to each (Lateral Link Group LLC v. Habeas Corp., et al., No. 2:14-cv-05695, C.D. Calif.).
CINCINNATI - Only the company that placed allegedly unwanted marketing calls, not the related company on whose behalf the calls were placed, may be named as a defendant in a Telephone Consumer Protection Act (TCPA) class complaint, an Ohio federal judge ruled July 10 (Terry Murray, et al. v. Choice Energy, LLC, et al., No. 15-60, S.D. Ohio; 2015 U.S. Dist. LEXIS 89913).
BOSTON - A Wal-Mart Stores Inc. employee filed a class complaint on July 14 in Massachusetts federal court accusing the retailer of unlawfully depriving health benefits to the spouses of employees who are in same-sex marriages (Jacqueline A. Cote, et al. v. Wal-Mart Stores, Inc., No. 15-12945, D. Mass.).