SAN JOSE, Calif. - A California federal judge on Feb. 2 dismissed a Stored Communications Act (SCA) class complaint brought against Google Inc. over its social networking tool, finding that the complaint was barred by res judicata (Michael Amalfitano v. Google Inc., No. 14-673, N.D. Calif.; 2015 U.S. Dist. LEXIS 12096).
HUNTINGTON, W.Va. - A West Virginia federal judge on Feb. 3 granted preliminary approval of an $840,000 settlement to be paid by an employer to end Fair Credit Reporting Act (FCRA) class claims brought by job applicants (Jason Smith, et al. v. Res-Care, Inc., No. 13-5211, S.D. W.Va.; 2015 U.S. Dist. LEXIS 12256).
TRENTON, N.J. - In a case that she said has a "tortured" discovery history, a New Jersey federal magistrate judge on Jan. 30 concluded that although she believed a defendant "has made every effort to avoid engaging in" ordered discovery, the plaintiff's failure to establish that her discovery requests complied with federal requirements defeated her motion for sanctions related to the defendant's failure to respond to those requests (Amber Arpaio v. Ashley Alexandra Dupre, et al., No. 3:08-cv-03548, D. N.J.).
WASHINGTON, D.C. - An English mining company on Feb. 3 announced that it has appointed new counsel to represent it in arbitration with the Republic of Indonesia, which is currently pending before the International Centre for Settlement of Investment Disputes (ICSID) (Churchill Mining PLC v. Republic of Indonesia, No. ARB/12/14 and ARB/12/40, ICSID).
WICHITA, Kan. - An insurer failed to establish why requested documents in a coverage dispute are irrelevant or privileged, a Kansas federal magistrate judge ruled Jan. 29, granting an insured's motion to compel (Great Plains Ventures Inc. v. Liberty Mutual Fire Insurance Co., No. 6:14-cv-01136, D. Kan.; 2015 U.S. Dist. LEXIS 10027).
NEW YORK - A New York federal judge on Jan. 30 granted a Ghanaian company's request for an order enforcing a stipulation with a resource firm that terminates litigation filed in Ghana and consolidates all claims relating to an arbitration award before an English court (Caml Ghana Limited, et al. v. Westchester Resources Limited, No. 13-8124, S.D. N.Y.; 2015 U.S. Dist. LEXIS 11301).
SAN DIEGO - A California appeals court on Jan. 29 dismissed a tenant's appeal of a mold-related defense verdict, finding that her failure to comply with court orders for discovery warranted dismissal (Alla Koudriavtseva v. Versailles on the Lake Ltd, et al., No. G047114, Calif. App., 4th Dist.; Div. 3; 2015 Cal. App. Unpub. LEXIS 686).
DALLAS - A third-party sponsor of an Internet contest based on the National Collegiate Athletic Association (NCAA) Men's Basketball Tournament, which is at the heart of a contractual and intellectual property dispute, must produce documents in response to the plaintiff's subpoena, a Texas federal magistrate judge ruled Jan. 30, denying the sponsor's motion to quash (SCA Promotions Inc. v. Yahoo! Inc., No. 3:14-cv-00957, N.D. Texas).
SAN FRANCISCO - Hourly workers who allege that they were denied pay for any time worked in excess of 40 hours per week were granted conditional certification of their Fair Labor Standards Act (FLSA) suit by a California federal judge on Jan. 30 (James Warren Ash, et al. v. Bayside Solutions, Inc., No. 14-2183, N.D. Calif.; 2015 U.S. Dist. LEXIS 11323).
ATLANTA - A defendant's offer of judgment in a Telephone Consumer Protection Act (TCPA) class suit did not moot the claims pursuant to its ruling in Jeffrey Stein, D.D.S., M.S.D., P.A. v. Buccaneers Limited Partnership (772 F.3d 698, 701 [11th Cir. 2014]), the 11th Circuit U.S. Court of Appeals ruled Jan. 29 (Scott Barr, DDS, et al. v. The Harvard Drug Group, LLC, No. 14-13138, 11th Cir.; 2015 U.S. App. LEXIS 1405).
PITTSBURGH - A Pennsylvania federal judge on Jan. 28 struck the class allegations from a complaint accusing a western Pennsylvania power plant of causing the surrounding residents to suffer property damage (Kristie Bell, et al. v. Cheswick Generating Station, Genon Power Midwest, L.P., No. 12-929, W.D. Pa.; 2015 U.S. Dist. LEXIS 9791).
WASHINGTON, D.C. - Southern Africa Resources Limited (SARL) on Jan. 29 announced that it has filed a notice of arbitration with the International Centre for Settlement of Investment Disputes (ICSID) against the Kingdom of Swaziland.
NEWARK, N.J. - Dismissal of a shareholder class action lawsuit is proper, a federal judge in New Jersey ruled Jan. 28, because shareholders failed to properly plead any actionable misrepresentations in making their federal securities law claims (Marianna Nasyrova v. Immunomedics Inc., et al., No. 14-1269, D. N.J.; 2015 U.S. Dist. LEXIS 9887).
SAN FRANCISCO - A district court erred in rejecting a limo driver's wage-and-hour claims and denying him leave to amend his complaint, the Ninth Circuit U.S. Court of Appeals ruled Jan. 27 (Robert G. Greene, AKA Robert A. Greene v. Executive Coach & Carriage, No. 12-17306, 9th Cir.; 2015 U.S. App. LEXIS 1257).
SAN FRANCISCO - A federal district court did not err in dismissing a securities class action lawsuit against a biopharmaceutical company and certain of its executive officers for alleged violations of federal securities laws because the lead plaintiff failed to properly plead a material misrepresentation and scienter, a Ninth Circuit U.S. Court of Appeals panel ruled Jan. 29 (John Ingram v. Vivus Inc., et al., No. 12-17398, 9th Cir.; 2015 U.S. App. LEXIS 1431).
DETROIT - Deeming disputed evidence of electronic records, expenditures and certain insurance claims to be relevant and properly obtained, a Michigan federal judge on Jan. 27 ruled that a fencing company could admit them in a fraud claim against its former plastic resin supplier (Barrette Outdoor Living Inc. v. Michigan Resin Representatives LLC, et al., No. 2:11-cv-13335, E.D. Mich.; 2015 U.S. Dist. LEXIS 8936).
PHILADELPHIA - A Pennsylvania federal magistrate judge on Jan. 28 found that many of the documents sought by Dietz & Watson Inc. from its insurer related to an underlying workplace injury lawsuit are covered by asserted privileges, denying in part the meat producer's motions to compel (Dietz & Watson Inc. v. Liberty Mutual Insurance Co., et al., No. 2:14-cv-04082, E.D. Pa.; 2015 U.S. Dist. LEXIS 9815).
KANSAS CITY, Mo. - A Missouri federal judge on Jan. 27 dismissed a class complaint filed by a Missouri woman accusing the producers and marketers of Kettle Cooked Potato Chips of falsely advertising them as "all natural" (Tonya Kelly, et al. v. Cape Cod Potato Chip Company, Inc., et al., No. 14-119, W.D. Mo.; 2015 U.S. Dist. LEXIS 8988).
MINNEAPOLIS - The sender of a faxed advertisement who made an offer of judgment that included classwide relief mooted the claims, a Minnesota federal judge ruled Jan. 27 (Sandusky Wellness Center LLC, et al. v. Medtox Scientific, Inc., et al., No. 12-2066, D. Minn.; 2015 U.S. Dist. LEXIS 9113).
SPOKANE, Wash. - A gold mining company on Jan. 29 announced that a Paris appeals court has entered a judgment recognizing and enforcing a $746 million award issued in its favor and against the Bolivarian Republic of Venezuela by the International Centre for Settlement of Investment Disputes (ICSID).
NEW YORK - Securities and business litigation filings and enforcement actions were down for a third straight year in 2014, but the overall number was still elevated "compared to the years prior to the financial crisis," according to a report released Jan. 27 by insurance information firm Advisen.
KANSAS CITY, Kan. - A discovery request by a copyright owner for information relating to communications between a defendant and various nonparty corporations can proceed, a Kansas federal magistrate judge ruled Jan. 28 (Joseph R. Tomelleri v. Zazzle Inc., No. 13-2576, D. Kan.).
SAN JOSE, Calif. - A patent damages expert presented by a software firm suing Microsoft Corp. over certain features in its Office Suite line of software may not rely on settlements the firm made in other patent suits, a California federal judge ruled Jan. 27, granting in part Microsoft's motion to exclude (Sentius International LLC v. Microsoft Corp., No. 5:13-cv-00825, N.D. Calif.; 2015 U.S. Dist. LEXIS 8782).
MIAMI - The Florida federal judge overseeing the denture cream multidistrict litigation on Jan. 28 granted defendant Proctor & Gamble Co.'s motion to exclude the plaintiffs' new general causation experts for failing to satisfy the requirements of Daubert v. Merrell Dow Pharmaceuticals, Inc. (509 U.S. 579, 113 S. Ct. 2786, 125 L. Ed. 2d 469 ) (In Re: Denture Cream Products Liability Litigation, No. 09-2051, S.D. Fla., Miami Div.; 2015 U.S. Dist. LEXIS 9653).
PHILADELPHIA - Citing the recently articulated standard in Federal Trade Commission v. Actavis Inc. (133 S. Ct. 2223 ), a Pennsylvania federal judge on Jan. 28 found that myriad plaintiffs challenging a reverse-payment settlement as anti-competitive adequately pleaded their claims to survive a defense motion for summary judgment (King Drug Company of Florence, Inc., et al. v. Cephalon, Inc., et al., No. 2:06-cv-1797, E.D. Pa.; Vista Healthplan, Inc., et al. v. Cephalon, Inc., et al., No. 2:06-cv-1833, E.D. Pa.; Apotex, Inc. v. Cephalon, Inc., et al., No. 2:06-cv-2768, E.D. Pa.; 2014 U.S. Dist. LEXIS 84818).