WORCESTER, Mass. - A federal magistrate judge in Massachusetts on Feb. 14 denied a plaintiff company's request for unredacted copies of four email chains that were shown to two deponents before their depositions, after finding that the communications did not refresh their memories (Accusoft Corporation v. Quest Diagnostics Inc., et al., No. 12-cv-40007-TSH, D. Mass.; 2014 U.S. Dist. LEXIS 18976).
CHICAGO - An attorney who was part of a large group of lawyers in multiple states representing landowners challenging the installation of fiber-optic cable on their properties without their consent is bound by a mediated final fee allocation even though he never signed it, the Seventh Circuit U.S. Court of Appeals ruled Feb. 14 (Brent Bauer, et al. v. Qwest Communications Company, LLC, et al., No. 12-3036, 7th Cir.; 2014 U.S. App. LEXIS 2840).
BROOKLYN, N.Y. - A federal judge in New York on Feb. 11 denied a motion to consolidate cases brought by the United States and state attorneys general and several merchants challenging American Express Co. and American Express Travel Related Services Co. Inc.'s (collectively, American Express) "anti-steering" rules, which prevent U.S. merchants from providing consumers with incentives to use forms of payment that are less expensive to the merchant than American Express-branded payment cards (In re: American Express Anti-Steering Rules Antitrust Litigation, No. 11-2221, United States of America, et al. v. American Express Co., et al., No. 10-4496, E.D. N.Y.; 2014 U.S. Dist. LEXIS 17226).
CLEVELAND - An Ohio appeals panel on Feb. 13 affirmed the denial of insureds' motion for a protective order against a condominium association regarding a letter allegedly concerning attorney-client-privileged information between the insureds and their insurer over coverage for construction defects claims (Condominiums at Stonebridge Owners' Association Inc. v. K&D Group Inc., et al., No. 100261, Ohio App., 8th Dist.; 2014 Ohio App. LEXIS 493).
NEW ORLEANS - The spouses of employees who are suing their employer over an incentive points program can't be included in the number of class members in order to decide jurisdiction, a Louisiana federal judge ruled Feb. 13 (Sharon Stump, et al. v. Samuel Camp, et al., No. 13-6739, E.D. La.; 2014 U.S. Dist. LEXIS 18411).
SAN JOSE, Calif. - A California federal judge on Feb. 13 conditionally certified a collective wage and hour action filed by three Hewlett-Packard Co. (HP) technical support workers seeking overtime wages (Eric Benedict, et al. v. Hewlett-Packard Company, No. 13-119, N.D. Calif.).
TEXARKANA, Texas - A trial court should not have allowed a counselor to testify that a former jailer accused of shooting her 10th husband in the head four times and burning his body in his pickup truck showed characteristics similar to a personality disorder, a Sixth District Texas Court of Appeals panel held Feb. 12 (Sharon Anne Maxwell v. State of Texas, No. 06-12-00194-CR, Texas App., 6th Dist.; 2014 Tex. App. LEXIS 1514).
NEW YORK - The bankrupt New York City Opera Inc. on Feb. 12 filed a brief in the U.S. Bankruptcy Court for the Southern District of New York objecting to a motion by the Official Committee of Unsecured Creditors that seeks the authority to conduct an examination by compelling the production of documents related to proposals submitted by parties that may want to take control of the opera (In Re: New York City Opera Inc., No. 13-13240, Chapter 11, S.D. N.Y. Bkcy.).
BOSTON - On Feb. 12, the federal judge in Massachusetts overseeing the multidistrict litigation involving purchasers of Nexium's antitrust claims - that the manufacturer of the heartburn medication and generic drug manufacturers entered into reverse-payment agreements to keep generic versions of the medication out of the market - made rulings on pending summary judgment motions and continued the date the trial was to commence (In re Nexium [Esomeprazole] Antitrust Litigation, No. 12-md-02409, D. Mass.; 2014 U.S. Dist. LEXIS 17718).
NEW YORK - The Second Circuit U.S. Court of Appeals on Feb. 10 denied Apple Inc.'s motion to stay pending appeal the portion of a district court's order that imposed an external compliance monitor after the district court ruled that Apple conspired with publishers to fix prices of electronic books (United States of America v. Apple Inc., Nos. 13-3741, 14-60, 2nd Cir.; Texas, et al. v. Apple Inc., No. 14-61, 2nd Cir.).
CHICAGO - The Seventh Circuit U.S. Court of Appeals on Feb. 10 upheld a summary judgment ruling for the Boy Scouts of America and a sanctions ruling against a former Boy Scouts employee in the employee's age and race bias suit (Curtis L. Westbrook v. Boy Scouts of America, No. 10-4161, 7th Cir.; 2014 U.S. App. LEXIS 2453).
BRISBANE, Australia - An Australian judge on Feb. 11 answered various questions submitted by a builder in a case filed by union officials, finding that the officials were entitled to enter a worksite where they believed certain health and safety violations had occurred (Ramsay v Sunbuild Pty Ltd., No.  FCA 54, Australia Fed.).
TOLEDO, Ohio - Property damage claims alleged against Whirlpool Corp. in the U.S. District Court for the Northern District of Ohio by the plaintiffs in a childhood cancer cluster class action were dismissed Feb. 10 in the second amended complaint for failing to state a claim; personal injury and wrongful death claims under the theory of negligence survived the motion to dismiss (Wendy Brown, et al. v. Whirlpool Corp., No. 13-1092, N.D. Ohio).
LONDON - An English justice on Feb. 7 rejected an application filed by a Romanian oil company in a dispute over supply contracts for crude oil on the basis of an abuse of process (OMV Petrom SA v. Glencore International AG, No.  EWHC 242 [Comm], England and Wales High, Comm.).
SAN FRANCISCO - Three minor league baseball players filed a class complaint on Feb. 7 against the Office of the Commissioner of Baseball and franchises, alleging illegal wage and labor practices (Aaron Senne, et al. v. Office of the Commissioner of Baseball, et al., No. 14-608, N.D. Calif.).
NEW YORK - Carolyn Fjord, who represents a class of plaintiffs who opposed the merger of bankrupt American Airlines Inc. and US Airways Group Inc. by filing an adversary complaint in the bankruptcy of American Airlines' parent company, AMR Corp., on Feb. 7 filed a brief in the U.S. Bankruptcy Court for the Southern District of New York, arguing that she should be permitted to file an amended complaint (Carolyn Fjord, et al. v. AMR Corporation, et al. [In Re: AMR Corporation], No. 11-15463, Adv. No. 13-01392, Chapter 11, S.D. N.Y. Bkcy.).
SAN JOSE, Calif. - A consumer adequately alleges that a computer manufacturer knew or should have known that its power supplies could not support high-performance components but continued to allow consumers to upgrade to such devices, a federal judge held Feb. 5 in allowing California unfair competition law (UCL) claims (David Elias, et al. v. Hewlett-Packard Co., No. 12-421, N.D. Calif.).
SAN FRANCISCO - A deaf rights organization's class action concerning captioning on the website of Cable Network News Inc. (CNN) "targets conduct in furtherance of [the network's] free speech rights and falls within the scope of" California's anti-SLAPP (strategic lawsuit against public participation) statute, a Ninth Circuit U.S. Court of Appeals panel ruled Feb. 5, reversing in part a lower court's judgment (Greater Los Angeles Agency on Deafness Inc., et al. v. Cable News Network Inc., No. 12-15807, 9th Cir.; 2014 U.S. App. LEXIS 2215; 2014 U.S. App. LEXIS 2219).
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Feb. 10 said it agreed to an en banc rehearing of a panel ruling that a petition to coordinate Darvon/Darvocet/propoxyphene cases in California state court is not a request for a joint trial that triggers removal to federal court under the Class Action Fairness Act (CAFA) (Judith Romo, et al. v. Teva Pharmaceuticals USA, Inc., No. 13-56310, Margalit Corber, et al. v. Xanodyne Pharmaceuticals, Inc., No. 13-56306, 9th Cir.).
TORONTO - Stans Energy Corp. on Feb. 6 announced that the government of Kyrgyzstan has formed an interdepartmental working group to settle ongoing arbitration in Moscow.
WASHINGTON, D.C. - The chairman of an administrative council for the International Centre for Settlement of Investment Disputes (ICSID) on Feb. 7 released a decision denying a request by the Argentine Republic to disqualify two arbitrators, finding that their decisions in a procedural order did not show a manifest lack of impartiality (Abaclat and others v. The Argentine Republic, No. ARB/07/05, ICSID).
CINCINNATI - A federal judge in Ohio on Feb. 4 awarded $1.32 million in fees, a portion of which is to paid by the sponsor of a cash-balance pension plan, in a class action in which retirees prevailed on their claims that the plan miscalculated their lump-sum payments by failing to apply a whipsaw calculation in violation of the Employee Retirement Income Security Act (William J. Schumacher v. AK Steel Corporation Retirement Accumulation Pension Plan, et al., No. 09-794, S.D. Ohio; 2014 U.S. Dist. LEXIS 13768).
CHICAGO - A federal judge in Illinois on Feb. 6 limited plaintiff and defense experts in a negligence case stemming from the strangulation death of a 3-year-old boy in the cord of vertical window blinds (Jose Padilla v. Hunter Douglas Window Coverings, No. 09 CV 1222, N.D. Ill.; 2014 U.S. Dist. LEXIS 14620).
NEW YORK - After Malaysian courts recently set aside a $56 million arbitration award issued in favor of two companies, a New York federal judge on Feb. 6 granted a request by the Government of the Lao People's Democratic Republic to vacate a previous judgment enforcing the award (Thai-Lao Lignite $(Thailand$) Co. Ltd., et al. v. Government of the Lao People's Democratic Republic, No. 10 Civ. 5256, S.D. N.Y; 2014 U.S. Dist. LEXIS 15004).
DETROIT - Witnesses for Safety-Kleen Systems Inc. may testify about an internal benzene-content study of its 105 Solvent to the extent it explains actions they took, a U.S. magistrate judge in Michigan said in a Feb. 4 order regarding the upcoming trial of the widow of a Ford Motor Co. mechanic, but the study must survive Daubert v. Merrell Dow Pharmaceuticals, Inc. (509 U.S. 579 $(1993$)) scrutiny if the company wants to draw any scientific conclusions from it (Judith A. Hendrian v. Safety-Kleen Systems, Inc., No. 08-14371, E.D. Mich., Southern Div.).