WASHINGTON, D.C. - In light of a recent agreement between a Spanish oil company and the Argentina Republic, the International Centre for Settlement of Investment Disputes (ICSID) on May 22 released an order granting termination of arbitration between the parties (Repsol, S.A., et al., v. Argentine Republic, ARB/12/38, ICSID).
WEST PALM BEACH, Fla. - A Florida federal judge, in an opinion filed May 20, declined to dismiss a class complaint filed against both the former owner and current owner of a Florida golf club by members alleging breach of contract due to membership changes by the current owner (Norman Hirsch, et al. v. Jupiter Golf Club LLC, et al., No. 13-80456, S.D. Fla.; 2014 U.S. Dist. LEXIS 69086).
CENTRAL ISLIP, N.Y. - A New York federal judge on May 21 conditionally certified a class of employees of a landscaping company who allege they were illegally denied overtime pay and authorized the plaintiffs to post and circulate a notice of pendency and consent to join form in both English and Spanish (Roberto Batres, et al. v. Valente Landscaping, Inc., et al., No. 14-1434, E.D. N.Y.; 2014 U.S. Dist. LEXIS 69719).
NEW YORK - A class of plaintiffs who allege that they were injured by faulty ignition switches in vehicles sold by bankrupt General Motors LLC on May 21 filed an adversary complaint in the U.S. Bankruptcy Court for the Southern District of New York seeking relief in the Chapter 11 bankruptcy of GM (Steven Groman, et al. v. General Motors LLC [In Re: Motors Liquidation Company], No. 09-50026, Adv. No. 14-01929, Chapter 11, S.D. N.Y. Bkcy.).
SAN JOSE, Calif. - A federal judge on May 19 dismissed a consumer's California unfair competition law (UCL) class action challenge to the use of the term "evaporated cane juice" on yogurt labels in another ruling finding that recent Food and Drug Administration action on the issue bars consumer claims based on the primary jurisdiction doctrine (Glen Avila v. Redwood Hill Farm and Creamery, Inc., No. 13-00335, N.D. Calif.; 2014 U.S. Dist. LEXIS 69378).
SAN JOSE, Calif. - A California federal judge on May 20 remanded a wage-and-hour class complaint, finding that the defendant employers failed to show that the amount in controversy exceeds $5 million (Melvyn Letuligasenoa, et al. v. International Paper Company, et al., No. 13-5272, N.D. Calif.; 2014 U.S. Dist. LEXIS 69884).
HARRISBURG, Pa. - A federal judge in Pennsylvania overseeing a wrongful termination and retaliation suit on May 20 ordered the parties to share the costs of a forensic examination of the plaintiff's computer and denied in part the plaintiff's motion to bar his former employer from serving subpoenas on prospective employers, ruling that the information was relevant to the mitigation of damages (Richard F. Zeller v. South Central Emergency Medical Services Inc., et al., No. 13-CV-2584, M.D. Pa.; 2014 U.S. Dist. LEXIS 68940).
WASHINGTON, D.C. - The District of Columbia Circuit U.S. Court of Appeals on May 21 denied a petition filed by the Republic of Argentina for rehearing of a dispute in which the U.S. Supreme Court reversed an appellate court ruling that vacated an order confirming a $185,285,485.85 award issued in favor of a United Kingdom investor (Republic of Argentina v. BG Group plc, No. 11-7021, D.C. Cir.; 2014 U.S. App. LEXIS 9495).
LAS VEGAS - Progressive Casualty Insurance Co. must produce certain documents but may apply "privilege filters" to and withhold certain documents, a federal magistrate judge in Nevada ruled May 20 in a suit in which Progressive seeks a declaration that its directors and officers (D&I) policy does not provide coverage for suits the Federal Deposit Insurance Co (FDIC-R)., as the receiver for failed banks, has brought against the former directors and officers of those banks (Progressive Casualty Insurance Co. v. Jackie K. Delaney, et al., No. 11-0678, D. Nev.; 2014 U.S. Dist. LEXIS 69166).
SAN FRANCISCO - A federal judge on May 20 dismissed two consumers' California unfair competition law (UCL) class action challenging the use of the term "evaporated cane juice" on food labels, citing the Food and Drug Administration's recent notice seeking comments on the issue and several court decisions issued since the FDA notice dismissing or staying similar lawsuits (Mary P. Swearingen and Joshua Ogden v. Yucatan Foods, L.P., No. 13-3544, N.D. Calif.).
ST. LOUIS - A class of workers suing their former employer for enhanced pension benefits pursuant to their pension plan as they were terminated shortly after a "change in control" was granted certification on May 16 by a U.S. District Court for the Eastern District of Missouri judge (Brian Knowlton, et al. v. Anheuser-Busch Companies, LLC, et al., No. 13-210, E.D. Mo.; 2014 U.S. Dist. LEXIS 67507).
NEW ORLEANS - A federal magistrate judge in Louisiana on May 20 granted a personal injury plaintiff's motion to compel production of two statements from his co-workers taken five days after he was involved in an accident, ruling that because the statements were given to an insurance claims adjuster, they were not protected by the work product doctrine (Richard Arthur Norman v. Odyssea Marine Inc., et al., No. 13-6690, E.D. La.; 2014 U.S. Dist. LEXIS 69063).
PASADENA, Calif. - A trial court erred in excluding testimony from two plaintiff experts in an insurance coverage and bad faith dispute, finding that a jury should resolve contested but otherwise admissible opinions, a Ninth Circuit U.S. Court of Appeals panel held May 19 (Pyramid Technologies, Inc., et al. v. Hartford Casualty Insurance Co., No. 11-56304, 9th Cir.; 2014 U.S. App. LEXIS 9210).
TAMPA, Fla. - A Florida federal judge on May 19 declined to grant certification to a class of people whose mug shots were published on various websites, finding that certification was not appropriate under Federal Rule of Civil Procedure 23(b)(2) (Shannon L. Bilotta v. Citizens Information Associates, LLC, et. al., No. 13-2811, M.D. Fla.; 2014 U.S. Dist. LEXIS 68495).
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on May 16 released its provisional order adopting the terms of an agreement in an arbitration commenced by a resource company against two other entities in an investment dispute related to the development of gas fields in the People's Republic of Bangladesh (Niko Resources $(Bangladesh$) Ltd. v. People's Republic of Bangladesh, et al., Nos. ARB/10/11 and ARB/10/18, ICSID).
CHICAGO - The federal judge in Illinois overseeing litigation involving alleged collusion between four wireless service providers and CTIA, the Wireless Association over the price charged for text messaging on May 19 awarded summary judgment to the defendants and denied the plaintiffs' motion for spoliation sanctions, finding that they were unable to show that T-Mobile and the CTIA engaged in the requisite bad faith (In re: Text Messaging Antitrust Litigation, MDL 1997, Case No. 08 C 7082, N.D. Ill.; 2014 U.S. Dist. LEXIS 68237).
SAN FRANCISCO - Eight retired professional football players filed a class complaint on May 20 in a California federal court, accusing the National Football League (NFL) of recklessly treating players will narcotics to keep them on the field and, in doing so, "substitute$(ed$) players' health for profit" (Richard Dent, et al. v. National Football League, No. 14-2324, N.D. Calif.).
DENVER - A Colorado federal judge on May 19 granted final approval of a settlement under which United Airlines Inc. will pay $6.15 million to end a class complaint filed by a pilot who alleges he and others were denied full pension contributions while on long-term military leave (James Daniel Tuten, et al. v. United Airlines, Inc., No. 12-1561, D. Colo.; 2014 U.S. Dist. LEXIS 68336).
SAN FRANCISCO - A plumbing company that was authorized to repair and replace faulty water heaters pursuant to a class action settlement is a third-party beneficiary under the agreement, a Ninth Circuit U.S. Court of Appeals panel ruled May 16, reversing a trial court's summary judgment ruling for the water heater manufacturers (Delta Mech., Inc. v. Garden City Grp., Inc., et al., No. 12-15285, 9th Cir.; 2014 U.S. App. LEXIS 9128).
PHOENIX - A Division I Arizona Court of Appeals panel on May 15 affirmed the involuntary commitment of a woman who said she was driving 100 mph to get away from mold, finding that her experts could not link the considerable mold in her home to her mental condition (In re MH 2013-002179, No. 1 CA-MH 13-0058, Ariz. App., Div. 1; 2014 Ariz. App. Unpub. LEXIS 617).
SAN JOSE, Calif. - National pet supply retailer PetSmart Inc. will pay $10 million to settle wage-and-hour claims by more than 16,000 of its pet groomers and other employees who say that PetSmart's improper compensation practices violate California's unfair competition law (UCL), according to an agreement that a federal judge preliminarily approved May 14 (Danette M. Moore, et al. v. PetSmart, Inc., No. 12-03577, N.D. Calif.; 2014 U.S. Dist. LEXIS 67235).
SAN JOSE, Calif. - A federal judge in California on May 16 granted final approval to $20 million in partial class action settlements with Intuit Inc., Lucasfilm Ltd. and Pixar of an antitrust suit accusing high-tech companies of conspiring to fix and suppress employee compensation and to restrict employee mobility by entering into agreements not to compete for one another's employees (In Re: High-Tech Employee Antitrust Litigation, No. 11-2509, N.D. Calif.).
KARLSHAMN, Sweden - A producer of vegetable oils and fat solutions on May 16 announced that it has filed international arbitration against a maker of bioactive lipid ingredients in relation to a dispute over a shareholders agreement.
SAN JOSE, Calif. - A federal judge in California on May 16 limited the time and scope of a deposition that a senior investigator of the Equal Employment Opportunity Commission must give in an employment retaliation suit and denied the agency's request to depose its local director, finding that it was not necessary (Carlos Leglu v. County of Santa Clara, No. 13-cv-01376 BLF, N.D. Calif.; 2014 U.S. Dist. LEXIS 67882).
RICHMOND, Va. - A Fourth Circuit U.S. Court of Appeals panel on May 15 ordered a new trial in a heroin trafficking case, finding that the government's expert impermissibly based her interpretation of coded drug language on facts she obtained while investigating the case, confusing the jury (United States of America v. Danilo Garcia, No. 13-4136, 4th Cir.; 2014 U.S. App. LEXIS 9046).