NEWARK, N.J. - A New Jersey federal judge on April 6 denied a Chinese entity's motion for sanctions prohibiting a corporation from using Hong Kong banking records in the present action, finding that the facts of the case did not warrant the imposition of sanctions (Minmetals Inc. v. Dragon Boom Ltd., et al., No. 2:13cv3834, D. N.J.; 2015 U.S. Dist. LEXIS 44573).
SAN JOSE, Calif. - After previously dismissing a putative class action targeting Google Wallet, a California federal judge on April 1 found that many of the previous defects had been cured, permitting claims for breach of contract and violation of California's unfair competition law (UCL) to survive a dismissal motion by Google Inc. (Alice Svenson v. Google Inc., et al., No. 5:13-cv-04080, N.D. Calif.; 2015 U.S. Dist. LEXIS 43902).
SAN JOSE, Calif. - In light of the Federal Trade Commission's settlement with Google Inc. over the sale of unauthorized purchases made by minors related to games and applications purchased from the Google Play Store (in-app purchases), a California federal judge on April 3 granted the Internet giant's motion to deny certification of a class that "covers the same conduct at issue in the FTC matter," finding that it did not meet the superiority requirement of Federal Rule of Civil Procedure (FRCP) 23 (Ilana Imber-Gluck, et al. v. Google Inc., No. 5:14-cv-01070, N.D. Calif.).
SAN FRANCISCO - Claims in a putative class action alleging that dog food manufactured by Nestle Purina Petcare Co. contains toxic substances have "no credible basis" and rest on "unsubstantiated and anecdotal online reports," Purina argues in a motion to dismiss filed in the U.S. District Court for the Northern District of California on April 2 (Frank Lucido v. Nestle Purina Petcare Co., et al., No. 3:15-cv-00569-LB, N.D. Calif.).
SAN FRANCISCO - Two experts' opinion that every asbestos fiber exposure substantially contributes to disease meets neither federal expert reliability standards nor California law on causation, an asbestos defendant told a federal judge in California on April 3 (Barry Kelly and Molly Kelly v. CBS Corp., et al., No. 11-3240, N.D. Calif.).
SAN JOSE, Calif. - Deeming a proposed settlement between Google Inc. and a proposed class to be fair, a California federal judge on March 31 granted final approval a year after preliminarily approving it, disposing of the class action related to alleged privacy violations related to user information purportedly revealed to third parties via "referrer headers" created from search query results (In Re Google Referrer Header Privacy Litigation, No. 10-cv-04809, N.D. Calif.).
SAN JOSE, Calif. - A federal judge in California on March 31 granted preliminary 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 42228).
XIAMEN, China - A gold holding company on April 1 announced that a Chinese arbitration commission has accepted request for arbitration filed by its subsidiary against another company in relation to a mining dispute.
BOSTON - Dismissal of an amended securities class action complaint is proper because shareholders have failed to plead any actionable misstatement in making their federal securities law claims, a federal judge in Massachusetts ruled March 31 (Mark A. Corban v. Sarepta Therapeutics Inc., et al., No. 14-10201, D. Mass.; 2015 U.S. Dist. LEXIS 42688).
OXFORD, Miss. - A Mississippi county and sheriff's department on March 31 were ordered to comply with a dismissed deputy's discovery requests and interrogatories in his Fair Labor Standards Act (FLSA) lawsuit, with a Mississippi federal magistrate judge finding the submitted responses to be "virtually worthless" (Earl Burdette v. Panola County, et al., No. 3:13-cv-00286, N.D. Miss.; 2015 U.S. Dist. LEXIS 41705).
HAMBURG, Germany - The International Tribunal for the Law of the Sea (ITLOS) on April 2 released its opinion on a request by the Sub-Regional Fisheries Commission (SRFC) on illegal and unreported fishing activities, finding that a flag state is obligated to take measures to ensure that its vessels are complying with certain marine laws enacted by the SRFC (In re Sub-Regional Fisheries Commission, No 21, ITLOS).
MOSCOW - Russia's oil company on April 1 announced that it has reached a settlement with numerous investors, ending long-running litigation and arbitration in several jurisdictions.
THE HAGUE, Netherlands - A decision by the Permanent Court of Arbitration was released April 2 in which the tribunal issued an award addressing arguments made by Chevron Corp. and its subsidiary Texaco Petroleum Co. (TexPet) in relation to settlement agreements with the Republic of Ecuador (Chevron Corporation, et al. v. The Republic of Ecuador, No. 2009-23, PCA).
MARTINSBURG, W.Va. - Requiring a defendant's attorney to arrange and label responsive discovery documents would improperly reveal her thought processes and is not required under Federal Rule of Civil Procedure (FRCP) 34(b), a West Virginia federal judge found March 30, overruling the plaintiff's objection to a magistrate's discovery ruling (CTL Engineering of West Virginia Inc. v. ms consultants inc., et al., No. 3:14-cv-00090, N.D. W.Va.; 2015 U.S. Dist. LEXIS 39762).
FRANKFORT, Ky. - A federal judge in Kentucky on March 31 partially dismissed a chemical exposure injury case filed by a group of former employees of a glass manufacturing plant, concluding that the claim for fraud failed but that their allegations of fraudulent concealment were not barred by state workers' compensation laws (Elbert Cox Jr., et al. v. Koninklijke Philips NV, et al., No. 13-406, E.D. Ky.; 2015 U.S. Dist. LEXIS 41120).
TRENTON, N.J. - A federal magistrate judge's rulings denying a motion to compel discovery filed by two environmental groups on companies accused of violating the Resource Conservation and Recovery Act (RCRA) and Clean Water Act (CWA) and granting the defendants' motion for a protective order were affirmed March 31 by a federal judge in New Jersey after the judge found that the magistrate judge did not make any clear errors in his decisions (Raritan Baykeeper v. NL Industries Inc., et al., No. 09-4117, D. N.J.; 2015 U.S. Dist. LEXIS 41166).
ATLANTA - An expert's testimony regarding causation from "any exposure" to asbestos is "not controversial" in a case alleging more than de minimis exposure, a divided Georgia appeals court held March 30 (Scapa Dryer Fabrics Inc. v. Knight, et al., No. A14A1587, Ga. App.; 2015 Ga. App. LEXIS 237).
WASHINGTON, D.C. - The U.S. Supreme Court will not hear an appeal of a Second Circuit U.S. Court of Appeals ruling in a securities class action lawsuit where an investor sought determination of whether the claims made are preempted under the Securities Litigation Uniform Standards Act (SLUSA) (In re Herald, Primeo, and Thema (Dana Trezziova v. Sonja Kohn, et al.), No. 14-736, U.S. Sup.).
LOS ANGELES - A couple asked a federal judge in California on March 30 to exclude a bankruptcy trust estimation order critical of asbestos litigation, while three defendants sought to exclude expert testimony that "each and every exposure" contributes to a disease (Howard Utech, an individual, Joann Utech, an individual v. Asbestos Corporation Limited, et al., No. 14-4977, C.D. Calif.).
MIAMI - A Florida federal judge on March 30 granted a cruise line's motion to compel arbitration of a system manager's personal injury claims, finding that the claims must be arbitrated pursuant to Convention on the Recognition and Enforcement of Foreign Arbitral Awards (Francis D'Cruz v. NCL [Bahamas] Ltd., et al., No. 1:15-cv-20240, S.D. Fla.; 2015 U.S. Dist. LEXIS 40326).
CONCORD, N.H. - Medical records, employment search records and email communications are relevant to a plaintiff's claims against her former employer, a New Hampshire federal judge ruled March 27, mostly granting the defendant's motion to compel production of such materials (Christyna Faulkner v. Mary Hitchcock Medical Center, et al., No. 1:12-cv-00482, D. N.H.; 2015 U.S. Dist. LEXIS 39371).
WASHINGTON, D.C. - The U.S. Supreme Court on March 30 granted a petition for writ of certiorari in a securities class action lawsuit but remanded the action to a federal circuit court for further consideration in light of the Supreme Court's recent ruling in Omnicare Inc. v. Laborers District Council Construction Industry Pension Fund (No. 13-435, U.S. Sup.) (Marshall Freidus, et al. v. ING Groep NV, et al., No. 13-1505, U.S. Sup.).
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on March 27 upheld a trial court's ruling finding that marine superintendents suing for overtime did not fall within the Fair Labor Standards Act (FLSA) administrative exemption but that the highly compensated employee exemption applied to one of the superintendents and that all the plaintiffs' claims were subject to the FLSA's two-year statute of limitations (Vasilios Zannikos, et al. v. Oil Inspections [U.S.A.], Incorporated, et al., No. 14-20253, 5th Cir.; 2015 U.S. App. LEXIS 4986).
SEATTLE - Finding no error in a trial court's jury instructions or discovery ruling, a Ninth Circuit U.S. Court of Appeals on March 27 affirmed its judgment in favor of an Internet movie website on an actress' breach of contract claim against it (Huong Hoang v. IMDb.com, No. 13-35390, 9th Cir.; 2015 U.S. App. LEXIS 5001).
NEW BRUNSWICK, N.J. - A judge properly admitted evidence of asbestos contamination and testimony regarding exposure in a talc case resulting in a $1.6 million award, a New Jersey appeals court held March 27 (Steven Kaenzig v. Charles B. Chrystal Inc., et al., No. A-2512-13T3, N.J. Super., App. Div.).