WASHINGTON, D.C. - The U.S. Supreme Court on May 18 denied a denture cream plaintiff's request to review whether epidemiological studies are a precondition for an expert causation opinion (Marianne Chapman, et vir. v. Proctor & Gamble Distributing LLC, et al., No. 14-958, U.S. Sup.).
MACON, Ga. - The mere possibility that insureds could suffer future injury if their townhouse is damaged in the future is not enough to establish a justiciable controversy regarding coverage for diminished value, a Georgia federal judge said May 14 in denying the insureds' motion for class certification (John Thompson et al. v. State Farm Fire and Casualty Co., No. 14-32, M.D. Ga.; 2015 U.S. Dist. LEXIS 63113).
WASHINGTON, D.C. - The U.S. Supreme Court ruled in a unanimous opinion on May 18 that the Ninth Circuit U.S. Court of Appeals erred in holding that Employee Retirement Income Security Act Section 413(1) bars breach of fiduciary duty claims based on the fiduciaries' initial selection of plan investments without considering "the contours of the alleged breach of fiduciary duty" under trust law (Glenn Tibble, et al. v. Edison International, et al., No. 13-550, U.S. Sup.).
WASHINGTON, D.C. - A trial court erred when it concluded that Department of Veterans Affairs nurses seeking unpaid overtime pay must show that the overtime was officially ordered or approved by express direction to be compensable, the Federal Circuit U.S. Court of Appeals ruled May 15 (Stephanie Mercier, et al. v. United States, No. 2014-5074, Fed. Cir.; 2015 U.S. App. LEXIS 8003).
SAN DIEGO - A federal judge in California on May 13 dismissed with leave to amend a plaintiff's class action complaint, which includes state unfair competition law claims (UCL), accusing a supplement maker of falsely labeling a male enhancement supplement because it does not produce the promised effects (Ryan Vigil v. General Nutrition Corp., No. 15-79, S.D. Calif.; 2015 U.S. Dist. LEXIS 63506).
LUXEMBOURG - The European Court of Justice of the European Communities on May 13 issued its decision on the interpretation of European Union law in relation to a Russian company's appeal of a decision in Lithuania, which refused to enforce an arbitral award that was issued in its favor (Gazprom [Judgment], No.  C-536/13, EUECJ).
WASHINGTON, D.C. - The U.S. Supreme Court on May 18 agreed to hear the appeal filed in a lawsuit against a company allegedly responsible for instructing or allowing a third-party vendor to send unsolicited text messages on behalf of the U.S. Navy (Campbell-Ewald Company v. Jose Gomez, No. 14-857, U.S. Sup.).
CONCORD, N.H. - A New Hampshire federal judge on May 14 denied summary judgment in a Medtronic Xomed Inc. shunt case, finding that the plaintiffs' expert and fact witnesses are admissible, at least for now (Celeste Wood, et al. v. Medtronic Xomed Inc., No. 13-90, D. N.H.; 2015 U.S. Dist. LEXIS 63300).
OKLAHOMA CITY - The federal judge in Oklahoma presiding over a lawsuit brought by residents who contend that they have been injured as a result of exposure to radioactive waste from a chemical plant operated by Halliburton Energy Services Inc. (HESI) on May 14 ruled that some of HESI's experts needed to disclose to the plaintiffs what is referred to as "testifying expert considered materials" (Mitchell L. McCormick v. Halliburton Energy Services Inc., No. 11-01272, W.D. Okla.; 2015 U.S. Dist. LEXIS 63223).
ST. LOUIS - The federal judge in Missouri presiding over a lawsuit in which a resident contends that he suffered personal injuries as a result of exposure to radioactive material related to the Manhattan Engineering Project near the St. Louis Airport issued a discovery order on May 13 to resolve a longstanding dispute over the production of documents (Scott D. McClurg, et al. v. MI Holdings Inc., et al., No. 12-361 [consolidated], E.D. Mo.).
COLUMBUS, Ohio - E.I. du Pont de Nemours & Co., which was sued by plaintiffs alleging personal injury and wrongful death in connection with a spill of perfluorooctanoic acid (also called C-8), on May 15 filed 33 answers to individual plaintiffs - which followed a boilerplate format - contending that they are barred from obtaining relief due to a prior class action settlement (In re E.I. du Pont de Nemours and Co. C-8 Personal Injury Litigation, MDL No. 2433, No. 13-2433, S.D. Ohio).
PHILADELPHIA - A New Jersey federal court must reconsider a class complaint filed by deliverers alleging that they were misclassified as independent contractors following a ruling by the New Jersey Supreme Court regarding what employment test applies to those claims, the Third Circuit U.S. Court of Appeals ruled May 12 (Sam Hargrove, et al. v. Sleepy's LLC, Nos. 12-2540 and 12-2541, 3rd Cir.; 2015 U.S. App. LEXIS 7832).
KANSAS CITY, Kan. - A federal judge in Kansas on May 14 dismissed a securities class action complaint, ruling that lead plaintiffs in the action failed to plead an actionable misstatement and scienter in making their federal securities law claims (Wayne E. Anderson v. Spirit AeroSystems Holdings Inc., et al., No. 13-2261, D. Kan.; 2015 U.S. Dist. LEXIS 63179).
PHILADELPHIA - A Pennsylvania federal judge overseeing the Zoloft birth defect multidistrict litigation on May 14 partially granted defendant Pfizer Inc.'s motion to compel the plaintiff's new general causation expert to disclose the general causation report he prepared for the plaintiffs in the Prozac birth defect litigation (In Re: Zoloft [Sertraline Hydrochloride] Products Liability Litigation, MDL Docket No. 2342, No. 2:12-md-2342, E.D. Pa.).
MADISON, Wis. - Barry Castleman, though not an official historian, may testify regarding trade journals and government publications based on his knowledge about the history of asbestos, a federal judge in Wisconsin held May 14. The judge excluded "every exposure" testimony from trial, saying the plaintiffs failed to file a substantive response in support (Gary Suoja, et al. v. Owens-Illinois Inc., No. 99-475, Barbara Connell, et al. v. Owens-Illinois Inc., No. 05-219, W.D. Wis.; 2015 U.S. Dist. LEXIS 63170).
TORONTO - A Canadian energy company on May 15 announced that it has filed a new arbitration against the Kyrgyz Republic, seeking to collect a recent $118 million Russian arbitration award issued in its favor.
WASHINGTON, D.C. - Noting the Federal Trade Commission's increased number of lawsuits and activity related to data security enforcement in recent years, a Virginia man who claims to be a blogger and former government employee filed a complaint in the U.S. District Court for the District of Columbia on May 13, seeking to compel the commission to disclose its guidelines "for what conduct or omission constitutes an unfair act or practice" related to data security (Philip Reitinger v. Federal Trade Commission, No. 1:15-cv-00725, D. D.C.).
SAN FRANCISCO - While a Los Angeles police officer offered improper expert testimony in violation of Federal Rule of Evidence 703 at the trial of four alleged Latino street gang members, the testimony probably did not have a significant impact on the jury's guilty verdicts, the Ninth Circuit U.S. Court of Appeals held May 14 in affirming the verdicts in all respects (United States of America v. Fernando Cazares, AKA Sneaky, No. 06-50677; United States of America v. Gilbert Saldana, No. 06-50678; United States of America v. Alejandro Martinez, No. 06-50679; United States of America v. Porfirio Avila, AKA Dreamer, No. 07-50037, 9th Cir.; 2015 U.S. App. LEXIS 7949).
NEW YORK - A bank's offer of complete relief in a class complaint over overdraft fees did not render the case moot, the Second Circuit U.S. Court of Appeals ruled May 14, affirming a district court's ruling but doing so on an alternative ground (Patrick Tanasi, et al. v. New Alliance Bank, et al., No. 14-1389, 2nd Cir.; 2015 U.S. App. LEXIS 7932).
WASHINGTON, D.C. - A court in the District of Columbia on May 12 ruled that a mother who has sued the District of Columbia Water and Sewer Authority (WASA) alleging injuries to herself and one of her children as a result of lead in her drinking water was compelled to provide the defendant with the academic and medical records of the sibling to the minor plaintiff on grounds that the information is "unquestionably relevant" (Sandra Barkley v. District of Columbia Water and Sewer Authority, No. 2013 CA 003811B, D.C. Super.; 2015 D.C. Super Lexis 8).
NEW YORK - A federal judge in New York on May 11 denied a petition to depose convicted Ponzi scheme mastermind Bernard L. Madoff, ruling that investors who lost their life savings in Madoff's massive Ponzi scheme have failed to meet the statutory requirements for filing such a petition (Susanne Stone Marshall, et al. v. Bernard L. Madoff, et al., No. 15 mc. 56, S.D. N.Y.; 2015 U.S. Dist. LEXIS 61482).
TRENTON, N.J. - A New Jersey appeals panel on May 12 affirmed a lower court's rulings in a coverage dispute over underlying legal malpractice claims but remanded to consider the attorney insured's application for counsel fees and costs (Law Offices of Anthony Carbone v. Chicago Insurance Co., et al., No. A-3384-13T2, N.J. Super., App. Div.; 2015 N.J. Super. Unpub. LEXIS 1080).
WASHINGTON, D.C. - A mining company on May 14 announced that it has raised 850,000 pounds to assist with the funding of international arbitration proceedings that are currently pending before the International Centre for Settlement of Investment Disputes (ICSID) against the Republic of Indonesia (Churchill Mining PLC v. Republic of Indonesia, No. ARB/12/14 and ARB/12/40, ICSID).
NEW YORK - An Indian manufacturer of seamless tubes and other products on May 11 filed a petition in a New York federal court to confirm a $2,705,093 arbitration award, plus costs and interest, that was issued in its favor by the International Chamber of Commerce (ICC) International Court of Arbitration (ISMT Limited v. Fremak Industries Inc., No. 15-3652, S.D. N.Y.).