WASHINGTON, D.C. - The Bolivarian Republic of Venezuela on Sept. 8 filed its reply in a District of Columbia federal court to a Canadian gold-mining company's opposition to a motion in which it seeks to respond to a recently asserted waiver argument made by the company, which is seeking to confirm a $740.3 million arbitration award (Gold Reserve Inc. v. Bolivarian Republic of Venezuela, No. 1:14-cv-2014, D. D.C.).
NEW YORK - A New York federal judge on Sept. 9 issued an order refusing a request filed by the government of Romania to reconsider a decision that refused to vacate a $185,530,618 arbitration award issued by the International Centre for Settlement of Investment Disputes (ICSID) in favor of several investors, finding that all of its arguments lacked merit (Viorel Micula v. Government of Romania, No. 15-107, S.D. N.Y.; 2015 U.S. Dist. LEXIS 119906).
FORT LAUDERDALE, Fla. - A Florida jury on Sept. 8 issued a $4.5 million verdict for a woman who alleged that her laryngeal and lung cancers were caused by cigarette smoking but found that she was 50 percent liable for the development of her cancers (Mary Cooper, et al. v. R.J. Reynolds Tobacco Co., et al., No. CACE-08026350, Fla. Cir., 17th Jud. Cir.).
BROOKLYN, N.Y. - A declaratory judgment copyright defendant must produce documents relating to the publication and first sale of products not at issue in the litigation, if they were included in the same copyright registrations as those products that are at issue, a New York federal magistrate judge ruled Sept. 8 (Classic Touch Decor Inc. v. Michael Aram Inc., No. 15-453, E.D. N.Y.; 2015 U.S. Dist. LEXIS 119249).
SEATTLE - In a Sept. 3 motion filed in its unfair billing case against Amazon.com Inc. in Washington federal court, the Federal Trade Commission seeks a protective order to prevent Amazon from using the discovery process to obtain documents about competitor Apple Inc. related to a similar, but separate FTC proceeding against Apple (Federal Trade Commission v. Amazon.com Inc., No. 2:14-cv-01038, W.D. Wash.).
PHILADELPHIA - A Pennsylvania federal judge on Sept. 4 denied a motion by comedian William H. "Bill" Cosby Jr. to take discovery to determine if the counsel and plaintiff from a prior sexual assault case violated a court order by releasing a confidential transcript from that case to the media (Tamara Green, et al. v. William H. Cosby Jr., No. 2:15-cv-00144, E.D. Pa.; 2015 U.S. Dist. LEXIS 118216).
JOHNSTOWN, Pa. - The U.S. government's expert can testify on child sexual abuse accommodation syndrome (CSAAS) in a sexual abuse case, a Pennsylvania federal judge ruled Sept. 8, finding the expert credible and her report reliable (United States of America v. Joseph D. Maurizio, Jr., No. 14-23, W.D. Pa.; 2015 U.S. Dist. LEXIS 119204).
RALEIGH, N.C. - An expert's report is admissible to determine the class members in a proposed class action against Dish Network LLC regarding violations of the Telephone Consumer Protection Act (TCPA), a North Carolina federal judge ruled Sept. 8, finding that the expert is qualified and that her report and opinions rest on a reliable foundation (Thomas H. Krakauer v. Dish Network, LLC, No. 14-333, M.D. N.C.; 2015 U.S. Dist. LEXIS 118858).
SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on Sept. 4 affirmed dismissal of a New York man's putative class action alleging that Sony Computer Entertainment America LLC violated the Video Protection Privacy Act (VPPA) by unlawfully retaining and disclosing his personally identifiable information (PII), holding that the act does not provide for a private right of action for unlawful disclosure (Daniel Rodriguez v. Sony Computer Entertainment America LLC, et al., No. 12-17391, 9th Cir.; 2015 U.S. App. LEXIS 15782).
TORONTO - The Canada Supreme Court on Sept. 4 ruled unanimously that the plaintiffs in the Lago Agrio contamination lawsuit against Chevron Corp. could seek enforcement of the $18.5 billion judgment they won in Ontario Court (Chevron Corp. v. Yaiguaje, No. 35682, 2015 SCC 42).
WILMINGTON, Del. - A federal judge in Delaware on Sept. 3 granted a motion for class certification filed by lead plaintiffs in a securities class action lawsuit, ruling that the lead plaintiffs met all statutory requirements for class certification (In re Wilmington Trust Securities Litigation, No. 10-990, D. Del.; 2015 U.S. Dist. LEXIS 117423).
KANSAS CITY, Mo. - A federal judge in Missouri on Sept. 3 refused to exclude asbestos state-of-the-art testimony from two historians simply because they lack medical degrees, found that Missouri law kept Caterpillar Inc. in a couple's asbestos action and found that failure to comply with Kansas medical-reporting requirements required dismissal of claims against Hennessey Industries Inc. (John New and Beth New v. Borg-Warner Corp., et al., No. 13-675, W.D. Mo.; 2015 U.S. Dist. LEXIS 117430; 2015 U.S. Dist. LEXIS 117426; 2015 U.S. Dist. LEXIS 117427).
CHARLOTTE, N.C. - A broad discovery request by Chapter 11 debtor Garlock Sealing Technologies LLC seeking information from 24 asbestos personal injury trusts and claims-processing facilities is an integral part of Garlock's attempt to establish a pattern of racketeering activity by an asbestos plaintiffs' law firm, a North Carolina federal judge held Sept. 3 in overruling the law firm's objections to a magistrate's approval of the discovery (Garlock Sealing Technologies LLC v. Belluck & Fox, LLP, et al., No. 3:14-cv-118, W.D. N.C.).
WASHINGTON, D.C. - The International Centre for Settlement of Investment (ICSID) on Sept. 4 constituted a tribunal that will hear an energy charter treaty arbitration commenced by a Swiss company against Romania in relation to the termination of energy delivery contracts (Alpiq AG v. Romania, No. ARB/14/28, ICSID).
VALDOSTA, Ga. - An insurance policy's volunteer endorsement precludes coverage for an underlying personal injury lawsuit, a Georgia federal judge ruled Sept. 4, excluding an expert's testimony that the endorsement provides coverage (GuideOne Mutual Insurance Co. v. Timothy J. Daniel, II, et al., No. 13-126, M.D. Ga.; 2015 U.S. Dist. LEXIS 118199).
CHICAGO - Sears Holdings Corp. improperly withheld certain documents during discovery and failed to disclose a key witness, an Illinois federal magistrate judge found in a Sept. 3 report and recommendation, holding that the insurer, the plaintiff in a dispute over claims regarding a home fire attributed to a clothes dryer, is entitled to sanctions for Sears' misconduct (MemberSelect Insurance Co. v. Electrolux Home Products Inc., et al., No. 1:13-cv-04097, N.D. Ill).
ORLANDO, Fla. - An expert has not demonstrated any reliable basis on which he can opine on how long it would take for a saw manufacturer to incorporate flesh-detection technology into a consumer-ready benchtop table saw, a Florida federal judge ruled Sept. 3, excluding in part the expert's testimony (Erik Bruskotter v. Robert Bosch Tool Corp., No. 13-1841, M.D. Fla.; 2015 U.S. Dist. LEXIS 117664).
SAN RAMON, Calif. - A settlement agreement between Chevron Corp. and a California litigation services firm in which the firm withdrew its support of a case against Chevron in Ecuador and has agreed to relinquish its share in a $9.5 billion Ecuadorian court judgment to Chevron was released Sept. 4.
PASADENA, Calif. - A Ninth Circuit U.S. Court of Appeals panel majority on Sept. 3 reinstated a service technician's class claim seeking compensation for time spent commuting in a company vehicle, finding that questions remain regarding whether that mode of transportation was required (Joseluis Alcantar, et al. v. Hobart Service, et al., No. 13-55400, 9th Cir.; 2015 U.S. App. LEXIS 15687).
TRENTON, N.J. - A homeowner failed to show that his expert has "good grounds" for his testimony of damages sustained to a home during Superstorm Sandy, a New Jersey federal magistrate judge ruled Sept. 3, excluding the expert's testimony to the extent that he opines on the cause of the damage to the property (Christopher Wehman v. State Farm Fire and Casualty Co., No. 14-1416, D. N.J.; 2015 U.S. Dist. LEXIS 117445).
NEWARK, N.J. - A federal judge in New Jersey on Aug. 31 granted a motion filed by lead plaintiffs in a securities class action lawsuit to certify a class of shareholders, ruling that the lead plaintiffs have shown that the instant action meets all statutory requirements for a class action lawsuit (City of Sterling Heights General Employees' Retirement System v. Prudential Financial Inc., No. 12-5275, D. N.J.; 2015 U.S. Dist. LEXIS 115287).
SANTA ANA, Calif. - A lead plaintiff's credit card statements are relevant to establishing his putative class claim under California's Consumers Legal Remedies Act (CLRA), a California federal magistrate ruled Aug. 31, declining to quash a subpoena served on the credit card issuer by defendant Barnes & Noble Inc. (BN) (Kevin Khoa Nguyen v. Barnes & Noble Inc., No. 8:12-cv-00812, C.D. Calif.).
CHARLOTTE, N.C. - A North Carolina federal judge on Aug. 31 denied a worker's motion for class certification in a lawsuit alleging breach of contract and wage-and-hour violations due to the plaintiff's failure to demonstrate commonality, typicality and adequacy (Michael Troche, et al. v. Bimbo Foods Bakeries Distribution, Inc., f/k/a George Weston Bakeries Distribution, Inc., No. 11-234, W.D. N.C.; 2015 U.S. Dist. LEXIS 115482).
LOS ANGELES - In a jointly filed stipulation on Sept. 2, Sony Pictures Entertainment Inc. and a putative class of former employees whose personally identifying information (PII) was purportedly compromised in a 2014 network breach asked a California federal court to continue existing hearing and certification deadlines, citing a newly reached "agreement in principle to settle all" existing claims (Michael Corona, et al. v. Sony Pictures Entertainment Inc., No. 2:14-cv-09600, C.D. Calif.).
DENVER - Because an energy company's counsel of record bore responsibility for disclosing any potentially applicable insurance policies, a 10th Circuit U.S. Court of Appeals panel on Sept. 2 upheld a trial court's award of sanctions against the attorney for failing to submit a copy of a directors and officers (D&O) liability policy during discovery (Sun River Energy Inc. v. Erik S. Nelson, et al., No. 14-1321, 10th Cir.; 2015 U.S. App. LEXIS 15645).