PHILADELPHIA - A group of 19 former professional football players July 31 asked U.S. Judge Anita Brody of the Eastern District of Pennsylvania for access to the medical, actuarial and economic data used to support the settlement of a brain-injury class action against the National Football League (In re: National Football League Players Concussion Injury Litigation, MDL No. 2323, No. 2:12-md-02323 [AB]; E.D. Pa.)
NEW YORK - A group of 156 plaintiffs asked U.S. Judge Jesse M. Furman of the Southern District of New York July 31 for leave to file an omnibus complaint against General Motors LLC (GM) for deaths and injuries that occurred prior to the sale of General Motors Corp. (In re General Motors LLC Ignition Switch Litigation, No. 14-MD-2543 [JMF]; Pamela Edwards, et al. v. General Motors LLC, S.D. N.Y.).
CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on July 31 affirmed sanctions levied against three attorneys in a copyright infringement case over adult websites, finding that the attorneys violated direct orders of a trial court and engaged in abusive discovery practices (Lightspeed Media Corp., et al. v. Anthony Smith, et al., No. 13-3801 and 14-1682, 7th Cir.; 2014 U.S. App. LEXIS 14725).
CINCINNATI - The Sixth Circuit U.S. Court of Appeals on July 30 partially reinstated wage claims brought by a food distributor's sales representatives who sued alleging that they were improperly misclassified as exempt from receiving overtime (Thomas E. Killion, et al. v. KeHE Distributors, LLC, Nos. 13-3357/4340, 6th Cir.; 2014 U.S. App. LEXIS 14528).
NEW YORK - Claims in an ignition-switch defect class action involve both Old (presale) GM and New (post-sale) GM and are therefore subject to stay, the bankruptcy judge overseeing General Motors Corp.'s (GM) Chapter 11 case ruled July 30 (In re: Chapter 11 Motors Liquidation Co., et al., f/k/a General Motors Corp., et al., No. 09-50026, S.D. N.Y. Bky.).
SAN JOSE, Calif. - The Quaker Oats Co. will remove trans fat ingredients from dozens of oatmeal and snack bar products for at least 10 years under a settlement of class action unfair competition law (UCL) claims approved July 29 by a California federal judge (In Re Quaker Oats Labeling Litigation, No. 10-00502, N.D. Calif.).
LOS ANGELES - A California woman filed a class action complaint in the U.S. District Court for the Central District of California on July 28, seeking to represent owners of the more than 792,000 Jeep vehicles that are part of a recall announced by Chrysler Group LLC on July 22 to address ignition-switch defects (Latoya Lumpkin, et al. v. Chrysler Group LLC, No. 14-01555, C.D. Calif.).
PHILADELPHIA - A trial court, not an arbitrator, must decide whether employees' employment agreements that don't directly address it permit classwide arbitration, a Third Circuit U.S. Court of Appeals panel ruled July 30, vacating the trial court's order directing an arbitrator to decide the matter (David Opalinski, et al. v. Robert Half International Inc., et al., No. 12-4444, 3rd Cir.; 2014 U.S. App. LEXIS 14538).
SAN FRANCISCO - The plaintiff in a contractual dispute failed to establish its need for specific financial information it sought from the defendant via discovery requests, a California federal magistrate judge found July 28, denying that request and ordering the parties to confer on requests concerning electronically stored information (ESI) (AI-Daiwa Ltd. v. Apparent Inc., et al., No. 3:13-cv-04156, N.D. Calif.; 2014 U.S. Dist. LEXIS 103016).
ST. PAUL, Minn. - Former Boston Bruins defenseman Jon Rohloff filed a putative class action in the U.S. District Court for the District of Minnesota July 29 on behalf of former National Hockey League (NHL) players who allege hockey-related brain injuries, especially those suffered in fighting during games (Jon Rohloff, et al. v. National Hockey League, D. Minn., No. 14-03038).
CINCINNATI - Inconsistency between a plaintiff expert's testimony and the recollection of the plaintiff about the details of his accidental shooting is an insufficient basis to exclude the expert's testimony, the Sixth Circuit U.S. Court of Appeals ruled in a 2-1 opinion on July 29 (Mark D. Lee v. Smith & Wesson Corp., No. 13-3597, 6th Cir.).
BALTIMORE - After finding that class claims asserted by homeowners in relation to the foreclosure of their property failed under the Fair Credit Reporting Act (FCRA), a Maryland federal judge on July 29 granted a bank's motion to dismiss the case (Byron R. Bartlett, et al. v. Bank of America, NA, No. 13-975, D. Md.; 2014 U.S. Dist. LEXIS 102897).
ST. CROIX, Virgin Islands - The firearms identification methodology used by the government's expert in a murder case were reliable and relevant under the standards of Daubert v. Merrill Dow Pharmaceuticals Inc., 509 U.S. 579 ), a Virgin Islands federal judge ruled July 28, and also deemed the expert to be qualified and denied a plaintiff's motion to exclude the expert's testimony (United States of America, et al. v. Elvin Wrensford, et al., No. 1:13-cv-00003, D. Virgin Islands; 2014 U.S. Dist. LEXIS 102446).
PHOENIX - Because there will be no jury to be potentially prejudiced by expert testimony that was objected to by the defendants in a prison conditions class action, an Arizona federal judge on July 28 denied the defendants' motion to preclude, also finding that the objections were insufficient to support exclusion of the experts' opinions in their entirety (Victor Antonio Parsons, et al. v. Charles L. Ryan, et al., No. 2:12-cv-00601, D. Ariz.; 2014 U.S. Dist. LEXIS 102541).
LONDON - The London International Court of Arbitration (LCIA) on July 29 announced that it has formally adopted a new set of rules, which will take effect in October.
DENVER - A lay witness did not exceed the scope of Federal Rule of Evidence 701 in a tax fraud trial, a 10th Circuit U.S. Court of Appeals panel found July 28, affirming a lower court's conviction and rejecting the appellant's challenge of the witness's testimony (United States of America v. Curtis L. Morris, No. 12-1474, 10th Cir.; 2014 U.S. App. LEXIS 14292).
CHICAGO - The National Collegiate Athletic Association (NCAA) and student-athletes claiming head injuries suffered in intercollegiate play reached a $75 million settlement of their federal class action suit July 29 (In re National Collegiate Athletic Association Student-Athlete Concussion Injury Litgation, MDL No. 2492, Master Docket No. 1:13-cv-09116, N.D. Ill.).
RICHMOND, Va. - The Fourth Circuit U.S. Court of Appeals on July 25 let stand the certification of a class of employees alleging hostile work environment claims, finding that the petition filed by the employer for interlocutory review of a trial court's refusal to decertify the class was untimely (Nucor Corporation, et al. v. Quinton Brown, et al., No. 14-154, 4th Cir.; 2014 U.S. App. LEXIS 14182).
PORTLAND, Ore. - After finding that claims asserted in a shareholders dispute related directly to an arbitration agreement, an Oregon federal judge on July 24 stayed an action pending the outcome of arbitration in Cyprus (William Davis, et al. v. Cascade Tanks LLC, No. 3:13-cv-02119, D. Ore.; 2014 U.S. Dist. LEXIS 100958).
NEW YORK - A New York appeals panel on July 24 denied reargument of its earlier decision regarding timeliness of an asbestos-related reinsurance arbitration dispute (In the Matter of ROM Reinsurance Management Company, Inc., et al. v. Continental Insurance Company, Inc., No. M-1783, N.Y. Sup., App. Div., 1st Dept.).
INDIANAPOLIS - An Indiana federal judge on July 28 conditionally certified a class of satellite television technicians who are paid per job but are seeking overtime compensation (Freddy Simmons, et al. v. Broadway Home Improvement Inc., d/b/a ABC Hi-Def Communications, et al., No. 14-483, S.D. Ind.; 2014 U.S. Dist. LEXIS 102420).
HANNIBAL, Mo. - The expert witness proffered by the plaintiff in a dispute over insurance coverage for roof and water damage from a hailstorm did not have "sufficient specialized knowledge" regarding the type of roof at issue, a Missouri federal judge found July 25, also concluding that the expert's report was based on an insufficient factual basis and, as such, must be excluded (Phyllis Hannan v. Auto-Owners Insurance Co., No. 2:13-cv-00053, E.D. Mo.; 2014 U.S. Dist. LEXIS 101403).
THE HAGUE, Netherlands - A tribunal for the Permanent Court of Arbitration on July 28 announced that it has issued awards in three arbitration cases filed against the Russian Federation in relation to investments made in OAO Yukos Oil Co. (Yukos), awarding the investors more than $50 billion (Yukos Universal Limited [Isle of Man] v. The Russian Federation, No. AA 227, PCA).
TAMPA, Fla. - A Florida federal judge on July 23 refused to dismiss a class complaint accusing a pizza chain of wrongfully charging sales tax on a delivery fee and negligently misrepresenting that tax (Bruce Schojan, et al. v. Papa John's International Inc., et al., No. 14-1218, M.D. Fla.; 2014 U.S. Dist. LEXIS 100319).
SCRANTON, Pa. - Although a Pennsylvania federal judge on July 23 found that a physician was qualified to testify as to possible future treatments a plaintiff may need to undergo for an ankle injury that is at the heart of a negligence lawsuit, the judge concluded that the doctor's testimony about how the injury might affect the plaintiff's future employment possibilities was "much too attenuated to be allowed," granting in part the defendant's motion to preclude (Peter Lazar v. Cedar Lake Camp, et al., No. 3:13-cv-00973, M.D. Pa.; 2014 U.S. Dist. LEXIS 100112).