ICSID Issues First Procedural Order In Investment Dispute With Peru

    LONDON - The International Centre for Settlement of Investment Disputes (ICSID) on Aug. 27 released its first procedural order in an arbitration filed by a company in relation to a mining dispute with the Republic of Peru, establishing the procedural rules that will govern the case (The Renco Group, Inc. v. Republic of Peru, $(UNCT/13/1$)).

    Kmart Settles Cashier Seating Class Suit For $280,000

    SAN FRANCISCO - A California federal judge on Aug. 23 granted preliminary approval of a $280,000 settlement to be paid by Kmart Corp. to end a class complaint by cashiers alleging that they were denied seats at the checkout stands (Colette Delbridge, et al. v. Kmart Corporation, No. 11-2575, N.D. Calif.; 2013 U.S. Dist. LEXIS 120377).

    9th Circuit Rules On Standard For Determining Jurisdiction Under CAFA

    PASADENA, Calif. - A California federal judge erred in applying the legal certainty standard to a wage-and-hour class complaint when trying to determine if the $5 million amount in controversy threshold under the Class Action Fairness Act (CAFA) was met, the Ninth Circuit U.S. Court of Appeals ruled Aug. 27, vacating an order to remand the suit to state court and ordering that the preponderance of the evidence standard be used (Robert Rodriguez, et al. v. AT&T Mobility Services LLC, No. 13-56149, 9th Cir.; 2013 U.S. App. LEXIS 17851).

    Federal Judge Confirms $400 Million Award, Finds Mexican Court Erred

    NEW YORK - A New York federal judge on Aug. 27 granted a Mexican corporation's request to confirm an approximately $400 million arbitration award that was issued in its favor in a dispute over contracts for the construction of offshore platforms, finding that a Mexican court that nullified the award improperly applied a law that was not in existence at the time the parties entered the underlying agreements (Corporacion Mexicana De Mantenimiento Intergral, S. De R.L. De C.V. v. Pemex-Exploracion Y Produccion, No. 1:10-cv-00206, S.D. N.Y.).

    Illinois Federal Judge Approves Southwest Airlines Drink Voucher Settlement

    CHICAGO - An Illinois federal judge on Aug. 26 granted final approval of a class settlement in a case over an airline's decision to no longer honor its drink coupons (In re: Southwest Airlines Voucher Litigation, No. 11-8176, N.D. Ill.; 2013 U.S. Dist. LEXIS 120735).

    Libor Suit Plaintiffs May Not Amend Antitrust Complaints, Federal Judge Rules

    NEW YORK - The federal judge in New York overseeing the London InterBank Offered Rate (Libor) antitrust litigation on Aug. 23 denied motions by over-the-counter (OTC), bondholder and exchange-based plaintiffs for leave to amend their amended complaints to add allegations of antitrust injury related to their claims that 16 banks manipulated the Libor interest rate benchmark (In re: LIBOR-Based Financial Instruments Antitrust Litigation, No. 11 MD 2262, S.D. N.Y.; 2013 U.S. Dist. LEXIS 120674).

    9th Circuit: Wrong Test Was Applied To Determine Class Jurisdiction

    SAN FRANCISCO - A federal district court erred in applying the legal certainty test outlined in Lowdermilk v. U.S. Bank Nat'l Ass'n (479 F.3d 994, 1000 $(9th Cir. 2007$)) to determine whether the Class Action Fairness Act (CAFA) jurisdiction amount was met when the amount in controversy was not unambiguous, the Ninth Circuit U.S. Court of Appeals ruled Aug. 26, reversing an order to remand the wage-and-hour case to state court (Tuong Hoang, et al. v. Supervalu Inc., et al., No. 13-56183, 9th Cir.; 2013 U.S. App. LEXIS 17798).

    Judge: Tobacco Plaintiff May Not Claim Punitive Damages For Unintentional Torts

    MIAMI - A tobacco wrongful death plaintiff may not recover punitive damages for the unintentional torts of strict liability and negligence, a Florida federal judge said in an Aug. 26 decision that allowed punitive damages on other counts and otherwise rejected the defendants' motion for summary judgment (Ronnie L. Jacobson, et al. v. Philip Morris USA Inc., et al., No. 1:12-cv-23781, S.D. Fla.).

    Calif. Federal Judge Partially Certifies Class Of Drivers Alleging Wage Violations

    SAN DIEGO - A California federal judge on Aug. 21 partially granted a motion for class certification sought by delivery drivers alleging wage violations including the denial of reimbursement for reasonable business expenses and the failure to issue itemized wage statements (Josue Soto, et al. v. Diakon Logistics $(Delaware$), Inc., No. 08-33, S.D. Calif.; 2013 U.S. Dist. LEXIS 119028).

    Kan. Federal Judge: Freight Broker Must Send Corrective Notice To Potential Class

    KANSAS CITY, Kan. - A Kansas federal magistrate judge on Aug. 22 agreed to order an employer to send a corrective notice to its employees informing them that a terminated employee was not fired for his participation in a wage-and-hour class suit, but the judge denied the other forms of relief sought by the lead plaintiffs in their motion for sanctions (Nancy Koehler, et al. v. Freightquote.com, Inc., No. 12-2505, D. Kan.; 2013 U.S. Dist. LEXIS 119262).

    Illinois Federal Judge Certifies 1 of 2 Classes In Electrician Pool Dispute

    CHICAGO - An Illinois federal judge on Aug. 22 certified one of two classes requested by union electricians who allege that their collective bargaining agreement (CBA) was breached and that they were denied fair representation when they claim they were effectively excluded from employment at the Chicago convention center (Joseph Healy, et al. v. International Brotherhood of Electrical Workers, et al., No. 11-8892, N.D. Ill.; 2013 U.S. Dist. LEXIS 119102).

    5th Circuit Upholds Sanctions, Summary Judgment Award In Foreclosure Suit

    NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on Aug. 21 upheld rulings imposing discovery sanctions against defendants in a foreclosure suit and subsequently awarding summary judgment to the lender after finding that the defendants' willful conduct warranted striking their counterclaims and defenses (Keybank National Association v. Perkins Rowe Associates LLC, et al., No. 12-30998, 5th Cir.; 2013 U.S. App. LEXIS 17544).

    California Appellate Panel: No Arbitration Ruling Before Class Certification

    LOS ANGELES - A California appellate panel on Aug. 21 upheld the denial of a motion to compel arbitration, finding that the filing of the order prior to a ruling on class certification was premature (Anthony Nguyen v. Inter-Coast International Training, Inc., No. B241938, Calif. App., 2nd Dist., Div. 4; 2013 Cal. App. Unpub. LEXIS 5803).

    Panel: Court Did Not Err In Relying On Testimony Of Insurer's Expert Witness

    NEW ORLEANS - A Louisiana appeals panel on Aug. 21 found that a lower court did not err in relying on an expert witness' opinion that an insured's structural damage was caused by soil subsidence and not wind, affirming the lower court's ruling in favor of the homeowners insurer in a Hurricane Katrina coverage dispute (James And Rebecca Wallace, et al. v. Louisiana Citizens Property Insurance Corporation, et al., No. 2013-CA-0075, La. App., 4th Cir.; 2013 La. App. LEXIS 1697).

    Judge Finds Lifting Stay Would Interfere With London Arbitration

    NEW ORLEANS - A Louisiana federal judge on Aug. 21 denied an insurer's request to lift the stay of a case so it could distribute the proceeds from the sale of a vessel, finding that lifting the stay would interfere with an arbitration pending in London (Mosaic Underwriting Service Inc., et al. v. Moncla Marine Operations LLC, et al., No. 12-2183, E.D. La.; 2013 U.S. Dist. LEXIS 118784).

    Putative Class Action Alleging Love Canal Landfill Leaks Returned To New York Court

    BUFFALO, N.Y. - A putative class action alleging personal injury and property damage for the release of so-called signature Love Canal contaminants during a sewer repair project in Niagara Falls, N.Y., was remanded Aug. 22 to state court for lack of subject matter jurisdiction under the well-pleaded complaint doctrine (Lisa Pierini, et al. v. City of Niagara Falls, et al., No. 13-498, W.D. N.Y.; 2013 U.S. Dist. LEXIS 119311).

    Hawaii Judge Vacates Motion Seeking To Bar Hypothetical Navy Warning Opinions

    HONOLULU - A Hawaii federal judge on Aug. 20 vacated a motion seeking to bar allegedly speculative expert opinions regarding how the U.S. Navy would have handled asbestos-related warnings, saying the plaintiffs may renew the motion after the Ninth Circuit U.S. Court of Appeals addresses the matter (Robert A. Cabasug and Joyce C. Cabasug v. Crane Co., et al., No. 12-313, D. Hawaii).

    9th Circuit Reverses Order Denying Right To Arbitration Due To Delay

    SAN FRANCISCO - An employer did not waive its right to arbitration by waiting to file such a request until a second class complaint was filed against it and consolidated with the first, the Ninth Circuit U.S. Court of Appeals ruled Aug. 21, reversing a trial court's order (Michelle Richards, et al. v. Ernst & Young, LLP, No. 11-17530, 9th Cir.; 2013 U.S. App. LEXIS 17488).

    Federal Circuit Reverses Denial Of Motion To Seal In Apple, g Row

    WASHINGTON, D.C. - A California federal judge abused her discretion in ordering unsealed certain confidential information at issue in the high-stakes patent dispute between Apple Inc. and Samsung Electronics Co. Ltd., the Federal Circuit U.S. Court of Appeals ruled Aug. 23 (Apple Inc. v. Samsung Inc., Nos. 12-1600, 1606, 13-1146, Fed. Cir.).

    Plaintiff Damages Expert Nixed By Ohio Federal Judge In Patent Case Against Muzak

    CINCINNATI - An expert was not qualified and lacked a reliable methodology for determining damages in a patent infringement action, a federal judge in Ohio held Aug. 20 in excluding his testimony (Info-Hold v. Muzak, No. 1:11-cv-283, S.D. Ohio, Western Div.; 2013 U.S. Dist. LEXIS 117953).

    Federal Judge Refuses To Grant Injunction Barring London Arbitration

    BOSTON - A Massachusetts federal judge on Aug. 19 refused to issue an anti-suit injunction prohibiting a shipping company from pursuing arbitration in London, finding that the issue of proper forum should be decided on a motion to stay the case pending arbitration (Maroc Fruit Board S.A., et al. v. MV Almeda Star, et al., No. 11-12091, D. Mass.; 2013 U.S. Dist. LEXIS 118633).

    No Coverage Owed For Collapse, Rot Of Building, Washington Appeals Panel Says

    SEATTLE - Because an insured failed to prove that its experts' methods for determining the cause of a collapse were based on a theory "generally accepted in the scientific community," a trial court did not err in granting the insurer's motion for summary judgment, the Division I Washington Court of Appeals said Aug. 19 (Lake Chelan Shores Homeowners Association v. St. Paul Fire & Marine Insurance Co., et al., No. 66636-3-I, Wash. App., Div. 1; 2013 Wash. App. LEXIS 1922).

    3rd Circuit Vacates Dismissal Of Bus, Trolley Operators' Wage Claims

    PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Aug. 19 vacated the dismissal of a class complaint filed by public transportation drivers seeking wages for work performed each morning prior to driving (David Bell, et al. v. Southeastern Pennsylvania Transportation Authority, No. 12-4031, 3rd Cir.; 2013 U.S. App. LEXIS 17166).

    Federal Judge Confirms Award For International Defense Contractor

    WASHINGTON, D.C. - A District of Columbia federal judge on Aug. 21 refused to vacate an arbitration award issued in favor of a defense contractor in a dispute over an international representative agreement with a Slovak entity, finding that the tribunal did not manifestly disregard the law in making its award (Arma S.R.O. v. BAE Systems Overseas Inc., No. 13-494, D. D.C.; 2013 U.S. Dist. LEXIS 118288).

    Film Producer May Obtain, But Not Publish, Does' Identities, Judge Rules

    CHICAGO - An Illinois federal judge on Aug. 20 granted a film production firm's motion for expedited discovery in an online file-sharing case, permitting the plaintiff to conduct expedited discovery to discover the Doe defendants' identities, while forbidding the firm from publishing the information in any way without further leave of the court (Osiris Entertainment LLC v Does 1-38, No. 1:13-cv-04901, N.D. Ill.; 2013 U.S. Dist. LEXIS 117418).