CLEVELAND - A judge properly admitted expert testimony linking asbestos exposure and a man's Hodgkin's lymphoma, and sufficient evidence supports the jury's resulting verdict permitting the man to participate in the state's workers' compensation system, an Ohio appeals court held Sept. 25 (Brett H. Walker v. Ford Motor Co., et al., No. 100759, Ohio App., 8th Dist.).
WASHINGTON, D.C. - The U.S. Supreme Court on Sept. 29 dismissed an appeal in a securities class action lawsuit after receiving letter briefs from the involved parties stating that they would voluntarily dismiss the action if a settlement agreement is approved by a federal judge (Public Employees' Retirement System of Mississippi v. IndyMac MBS Inc., et al., No. 13-640, U.S. Sup.).
CHICAGO - A federal judge in Illinois on Sept. 25 dismissed Racketeer Influenced and Corrupt Organizations Act claims against the manufacturer of Humira and AndroGel, saying the plaintiff failed to show the existence of a viable enterprise in the defendants' practice of offering savings cards that discount a patient's copay obligations for the drugs (New England Carpenters Health and Welfare Fund, individually and on behalf of all others similarly situated v. Abbott Laboratories, et al., No. 12-1662, N.D. Ill.; 2014 U.S. Dist. LEXIS 134857).
NEW ORLEANS - The federal judge in Louisiana overseeing litigation stemming from damages caused by the use of defective Chinese drywall on Sept. 26 certified a class for plaintiffs in six lawsuits who are seeking damages from Taishan Gypsum Co. Ltd. and its affiliates, ruling that the class satisfies the requirements of Federal Rules of Civil Procedure 23(a) and 23(b)(3) (In re: Chinese Manufactured Drywall Products Liability Litigation, MDL 2407, E.D. La.; 2014 U.S. Dist. LEXIS 112890).
HATTIESBURG, Miss. - Stating that conclusions about an insurer's purported bad faith behavior and interpretations of policy terms are "question[s] of law for the court," a Mississippi federal judge on Sept. 26 granted in part an insured's motion to strike her insurer's expert's testimony related to a house fire claim (Sandra Willis v. Allstate Insurance Co., No. 2:13-cv-00060, S.D. Miss.; 2014 U.S. Dist. LEXIS 136139).
CAMDEN, N.J. - A New Jersey federal judge on Sept. 29 granted a motion filed by current and former employees of Durand Glass Manufacturing Co. who are seeking unpaid overtime and wages for conditional certification for a collective action pursuant to the Fair Labor Standards Act (FLSA) but denied a motion for class certification pursuant to Federal Rule of Civil Procedure 23 regarding their New Jersey state law wage claims (Cindy Bobryk, et al. v. Durand Glass Manufacturing Company, Inc., No. 12-5360, D. N.J.; 2014 U.S. Dist. LEXIS 137168).
WASHINGTON, D.C. - A District of Columbia federal judge on Sept. 29 denied a motion for class certification and a motion to supplement the records in a lawsuit filed by federal secretaries and clerical workers who allege race discrimination (Cynthia Artis, et al. v. Janet L. Yellen, No. 01-400, D. D.C.; 2014 U.S. Dist. LEXIS 136753).
THE HAGUE, Netherlands - The Permanent Court of Arbitration on Sept. 25 announced that it has issued an order terminating arbitration between the Republic of Denmark and the European Union in relation to a dispute over a shared stock of herring (The Kingdom of Denmark in respect of the Faroe Islands v. The European Union, PCA).
CAMDEN, N.J. - A New Jersey federal judge on Sept. 29 agreed to transfer a class complaint filed by retired National Football League (NFL) players seeking compensation for each time their images are shown in NFL films to the U.S. District Court for the District of Minnesota where one similar case has already been filed and two others have been transferred (Curley Culp, et al. v. NFL Productions LLC, d/b/a NFL Films, et al., No. 13-7815, D. N.J.; 2014 U.S. Dist. LEXIS 137172).
JACKSONVILLE, Fla. - The testimony of a plaintiff's expert pertaining to the severity of a police dog bite was properly excluded by a trial court, an 11th Circuit U.S. Court of Appeals panel held Sept. 25, finding that the testimony was vague, undermined by the expert's own words and "indiscernible and uncertain" under Federal Rule of Evidence (FRE) 702 (Colin A. Edwards v. Bryan C. Shanley, et al., No. 13-14393, 11th Cir.; 2014 U.S. App. LEXIS 18397).
FORT MYERS, Fla. - Objections raised by a defendant bank's counsel during depositions in a breach of trust lawsuit were appropriately made in light of the attorney-client privilege, a Florida federal magistrate judge concluded Sept. 24, denying the plaintiffs' motion to compel additional deposition response or to sanction the attorneys (Stacey Sue Berlinger, et al. v. Wells Fargo, N.A., et al., No. 2:11-cv-00459, M.D. Fla.; 2014 U.S. Dist. LEXIS 134643).
JACKSON, Miss. - A Mississippi federal judge on Sept. 24 denied numerous motions filed by a property owner in relation to the foreclosure of his home, including a motion for leave to submit an expert report on mold damage, finding that they were untimely (Eric L. Jackson v. Bank of America, N.A., et al., No. 3:13-cv-581, S.D. Miss.; 2014 U.S. Dist. LEXIS 134524).
MILWAUKEE - A Wisconsin federal magistrate judge on Sept. 24 found that a subcontractor had established that its discovery requests for a contractor's payroll and subcontractor records are reasonably calculated to lead to admissible evidence, granting in part a motion to compel (RMS of Wisconsin Inc. v. Shea-Kiewit Joint Venture, et al., No. 2:13-cv-01071, E.D. Wis.; 2014 U.S. Dist. LEXIS 134522).
JACKSONVILLE, Fla. - An expert's opinion that changes in the design of cigarettes increase the risk of adenocarcinoma in smokers is not relevant to a smoker's strict liability claim against cigarette manufacturers, a judge ruled in an order entered Sept. 22 in Florida federal court (Penny Dover v. R.J. Reynolds Tobacco Co., et al., No. 09-11531, M.D. Fla.).
NEW YORK - Ordering the parties "to work together to coordinate discovery to the maximum extent feasible in order to avoid duplication of effort and to promote the efficient and speedy resolution of the MDL Proceeding and the Coordinated Actions," the federal judge overseeing the General Motors LLC ignition switch litigation on Sept. 24 set forth procedures for discovery and other pretrial proceedings (In re: General Motors LLC Ignition Switch Litigation, No. 14-md-02543-JMF, S.D. N.Y.).
SPRINGFIELD, Ill. - The Illinois Supreme Court Sept. 25 granted review of an appeals court ruling reinstating a $10.1 billion consumer fraud verdict stemming from Philip Morris USA Inc.'s marketing of "light" cigarettes (Sharon Price, et al. v. Philip Morris Inc., No. 00-L-112, Ill. Sup.).
RICHMOND, Va. - A panel of the Fourth Circuit U.S. Court of Appeals on Sept. 24 ruled that attorneys who assisted the New York lawyer who won an $18.5 million verdict in the Lago Agrio contamination case against Chevron Corp. were not entitled to privilege regarding documents sought by the company, which argues that the verdict was fraudulent (Chevron Corporation v. Aaron Marr Page, et al., No. 13-2028 and [In Re: Hugo Gerardo Camacho Naranjo, et al., No. 13-1382, 4th Cir.).
MINNEAPOLIS - A man alleging constitutional violations and unlawful arrest at the hands of Minneapolis police saw his motion to compel discovery denied by a Minnesota federal judge on Sept. 22, with the judge finding that the interrogatories seeking identification of the laws and legal authority supporting the defendants' defense of the legality of the arrest "impermissibly seek protected work product" (John Hugh Gilmore v. City of Minneapolis, et al., No. 0:13-cv-01019, D. Minn.; 2014 U.S. Dist. LEXIS 132543).
WASHINGTON, D.C. - After finding no violation of due process or the right of defense in relation to a $43.03 million award issued in favor of an energy firm, a committee of the International Centre for Settlement of Investment Disputes (ICSID) on Sept. 23 released a decision denying a request filed by the Argentine Republic to annul the award (El Paso Energy International Co. v. The Argentine Republic, No. ARB/03/15, ICSID).
THE HAGUE, The Netherlands - A metal mining company on Sept. 25 announced that its subsidiary has commenced arbitration before the Permanent Court of Arbitration (PCA) against the Plurinational State of Bolivia in relation to the alleged expropriation of a mining project.
INDIANAPOLIS - Most of the financial and tax documents sought by a bank in a lawsuit brought by investors in a failed rate-swap agreement are relevant to the claims against it and are not unduly burdensome to produce, an Indiana federal magistrate judge ruled Sept. 22, mostly granting the bank's motion to compel (Executive Management Services Inc., et al. v. Fifth Third Bank, No. 1:13-cv-00582, S.D. Ind.; 2014 U.S. Dist. LEXIS 132473).
WASHINGTON, D.C. - The president of a committee for the International Centre for the Settlement of Investment Disputes (ICSID) on Sept. 24 released a decision denying a request made by two companies that were awarded $1,769,625,000 in a dispute over an oil exploration and exploitation contract with the Republic of Ecuador to modify a stay of the decision, finding that the committee has no jurisdiction to modify the stay in relation to Ecuador's potential enforcement of a tax judgment issued in another court (Occidental Petroleum Corp., et al. v. The Republic of Ecuador, No. ARB/06/11, ICSID).
WASHINGTON, D.C. - The U.S. Supreme Court on Sept. 23 issued an order requiring parties in a securities class action lawsuit against IndyMac MBS Inc. to file letter briefs addressing whether the case still needs to be heard due to a pending settlement agreement reached by the parties in federal district court (Public Employees' Retirement System of Mississippi v. IndyMac MBS Inc., et al., No. 13-640, U.S. Sup.).
SYRACUSE, N.Y. - In a case over an alleged conflict regarding reinsurance arbitration counsel, a federal judge in New York on Sept. 22 denied an insurer's motion to dismiss its reinsurers' counterclaim, which asks to disqualify the counsel, and granted the reinsurers' motion for discovery (Utica Mutual Insurance Company v. Employers Insurance Company of Wausau, et al., No. 12-cv-01293, N.D. N.Y.; 2014 U.S. Dist. LEXIS 132271).
OMAHA, Neb. - A damages expert's "unique and largely untested method of calculating damages" did not sufficiently apportion a technology firm's purported patent infringement damages from the defendants' profits, a Nebraska federal judge ruled Sept. 22, granting the defendants' motion to exclude per Daubert v. Merrell Dow Pharmaceuticals Inc. (509 U.S. 579, 492 ) and Federal Rule of Evidence 702 in a dispute over two wireless network authorization patents (Prism Technologies LLC v. AT&T Mobility LLC, et al., Nos. 8:12-cv-00122, 8:12-cv-00123, 8:12-cv-00124, 8:12-cv-00125 and 8:12-cv-00126, D. Neb.; 2014 U.S. Dist. LEXIS 132619).