NEW YORK - A federal judge in New York on Oct. 13 rejected lead plaintiffs' motion in a securities class action lawsuit to vacate a previous ruling based on their finding of new evidence, finding that the lead plaintiffs failed to bring the evidence at the time of the defendants' motion for reconsideration (In re SAIC Inc. Securities Litigation, No. 12-1353, S.D. N.Y.; 2014 U.S. Dist. LEXIS 13629).
CINCINNATI - Although a lead plaintiff in a securities class action lawsuit properly pleaded a material misrepresentation and omission, it has failed to plead scienter and dismissal of its claims was proper, a Sixth Circuit U.S. Court of Appeals panel ruled Oct. 10 (In re Omnicare Inc. Securities Litigation, No. 13-5597, 6th Cir.; 2014 U.S. App. LEXIS 19326).
SAN FRANCISCO - A California appellate panel on Oct. 10 affirmed that a class action suit alleging that a gas and electric company deceptively misrepresented how much revenue it required to provide safe and reliable natural gas service in violation of California's unfair competition law (UCL) was barred because it would interfere with the continuing jurisdiction of the Public Utilities Commission (PUC) in pending regulatory matters against the defendant (Filomena Guerrero, et al. v. Pacific Gas & Electric Co., et al., No. A139429, Calif. App., 1st Dist., Div. 3; 2014 Cal. App. LEXIS 909).
TALLINN, Estonia - An Estonian water company on Oct. 14 announced that it has filed international arbitration proceedings against the Republic of Estonia, seeking more than $114,067,000, or 90 million euros, in compensation for breaches of a water supply contract.
FRESNO, Calif. - A California federal magistrate judge on Oct. 10 denied a request by plaintiffs in a wage-and-hour suit for a protective order preventing their employers from taking depositions of absent class members as a part of a "pilot study" (Sabas Arredondo, et al. v. Delano Farms Co., et al., No. 09-1247, E.D. Calif.; 2014 U.S. Dist. LEXIS 145562).
KANSAS CITY, Kan. - A Kansas federal judge on Oct. 10 overruled a joint motion seeking approval of a $350,000 settlement in a wage-and-hour collective action filed by meat workers who allege that they are improperly compensated under a "gang time" system (Valente Sandoval Barbosa, et al. v. National Beef Packing Company, LLC, No. 12-2311, D. Kan.; 2014 U.S. Dist. LEXIS 144439).
TORONTO - A Canadian energy company on Oct. 14 announced in news release that a Canadian court has issued an injunction in its favor and against the Kyrgyz Republic barring it from selling shares of a gold-mining company and said that it will seek an extension of the injunction pending an enforcement hearing in relation to an $118 million arbitration award in its favor.
LAS VEGAS - Attorneys representing the plaintiffs in a class complaint over car rental fees were awarded more than $6.27 million on Oct. 9 by a Nevada federal judge, who opined that such a large award was appropriate given the extended litigation and complexity of the lawsuit (Janet Sobel, et al. v. The Hertz Corporation, No. 06-545, D. Nev.; 2014 U.S. Dist. LEXIS 143926).
LAFAYETTE, La. - Actos manufacturer Takeda Pharmaceutical Co. Ltd. on Oct. 9 told a multidistrict litigation court that it has spent more than $3.6 million to restore 103,000 documents and expected to complete all file restorations by the end of the year (In Re: Actos [Pioglitazone] Product Liability Litigation, MDL Docket No. 2299, No. 11-md-2299, W.D. La.).
SAN JOSE, Calif. - A putative class complaint filed in California federal court on Oct. 9 charges LinkedIn Corp. with five violations of the Fair Credit Reporting Act (FCRA) related to the online professional network provider's "Reference Report" function that the plaintiffs say provides unverified employment information on users that has had a negative effect on their employment opportunities (Tracee Sweet, et al. v. LinkedIn Corp., No. 5:14-cv-04531, N.D. Calif.).
HOUSTON - A Texas oil company on Oct. 10 announced that it has commenced international arbitration against Venezuela's state oil company.
TRENTON, N.J. - A New Jersey federal judge on Oct. 8 denied as premature a motion by Merck & Co. Inc. to dismiss a class complaint filed by female employees who allege that the company favors men and discriminates against females when it comes to pay and promotions (Kelli Smith, et al. v. Merck & Co., Inc., No. 13-2970, D. N.J.; 2014 U.S. Dist. LEXIS 143013).
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Oct. 9 issued an award in an oil project investment dispute filed by several oil companies against the Bolivarian Republic of Venezuela, awarding the companies $189,754,182 in compensation (Mobil Corp., et al. v. Bolivarian Republic of Venezuela, No. ARB/07/27, ICSID).
ATLANTA - Android devices' identification numbers are not "personally identifiable information" as defined under the Video Privacy Protection Act (VPPA), a Georgia federal judge ruled Oct. 8 (Mark Ellis, et al. v. The Cartoon Network, Inc., No. 14-484, N.D. Ga.; 2014 U.S. Dist. LEXIS 143078).
SACRAMENTO, Calif. - A California federal judge on Oct. 8 granted final approval of a $2 million settlement to be paid by the owner of California auto dealerships who was accused by technicians of using a pay scheme that failed to pay them for the actual time they spent working (Jose Ontiveros v. Robert Zamora, et al., No. 08-567, E.D. Calif.; 2014 U.S. Dist. LEXIS 143462).
SAN JOSE, Calif. - A California technology firm on Oct. 10 announced that a state court has confirmed a $128,335,504 arbitration award issued in its favor by the International Court of Arbitration of the International Chamber of Commerce (ICC).
MINNEAPOLIS - A Minnesota federal judge on Oct. 8 rejected a proposed settlement of a class complaint accusing Target Corp. of sending unsolicited faxes after the plaintiffs withdrew their support of the terms (Jonathan Small, et al. v. Target Corporation, et al., No. 13-1509, D. Minn.; 2014 U.S. Dist. LEXIS 143040).
NEW YORK - Defendants in a securities class action have failed to show that interlocutory appeal is appropriate because, among other things, they have not shown that any controlling question of law exists, a federal judge in New York ruled Oct. 7 (In re Goldman Sachs Group Inc. Securities Litigation, No. 10-3461, S.D. N.Y.; 2014 U.S. Dist. LEXIS 143127).
BOSTON - A federal judge in Massachusetts on Oct. 8 named a union retirement plan as lead plaintiff in a securities class action lawsuit against a biotechnology firm and certain of its current and former officers and directors, ruling that the retirement plan has met all statutory guidelines to become lead plaintiff (Local No. 8 IBEW Retirement Plan v. Vertex Pharmaceuticals Inc., et al., No. 14-12296, D. Mass.; 2014 U.S. Dist. LEXIS 143249).
ANNAPOLIS, Md. - The Maryland Court of Special Appeals on Oct. 6 affirmed a trial court decision that excluded the testimony of a pediatrician who had been called as a witness in a lead-paint-poisoning lawsuit on grounds that he lacked sufficient knowledge to draw conclusions about the plaintiff's alleged injuries (Jakeem Roy v. Elliot Dackman, et al., No. 558, Sept. Term 2013, Md. Spec. App.; 2014 Md. App. LEXIS 116).
SEATTLE - A federal judge in Washington on Oct. 6 granted motions to dismiss filed by defendants in a securities class action lawsuit, ruling that the lead plaintiff in the action lacks standing to bring certain claims and has failed to plead materiality and falsity with particularity for others (In re Atossa Genetics Inc. Securities Litigation, No. 13-1836, W.D. Wash.; 2014 U.S. Dist. LEXIS 142100).
FORT WAYNE, Ind. - An Indiana federal magistrate on Oct. 6 granted a professional liability insurer's motion to compel the production of documents but deemed the insured's discovery request "overly broad" in a dispute over coverage for an underlying bad faith claim (The Medical Protective Company of Fort Wayne, Indiana v. American International Specialty Lines Insurance Co., No. 1:13-CV-357, N.D. Ind.; 2014 U.S. Dist. LEXIS 141557.
DETROIT - Documents withheld from discovery by a graduate student suing her university for sexual discrimination are not subject to attorney-client privilege, a Michigan federal magistrate judge ruled Oct. 3, ordering that they be produced (Jennifer Dibbern v. University of Michigan, et al., No. 2:12-cv-15632, E.D. Mich.; 2014 U.S. Dist. LEXIS 140744).
WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 6 asked the solicitor general to file a brief expressing the views of the United States in a case challenging an appellate court's ruling that an eyelash growth product is actually a drug that was sold without approval in violation of California's unfair competition law (UCL) (Athena Cosmetics, Inc. v. Allergan, Inc., No. 13-1379, U.S. Sup.).
HAMBURG, Germany - The International Tribunal for the Law of the Sea (ITLOS) on Oct. 2 announced that it has reconstituted its chambers so that the majority of cases will now be handled by the tribunal as a full court.