SAN FRANCISCO - An expert testifying in the patent infringement damages retrial between Apple Inc. and Samsung Electronics Ltd. cannot testify about whether Samsung copied Apple's products, a federal judge in California held Nov. 6 (Apple Inc. v. Samsung Electronics, Ltd., et al., No. 11-CV-01846-LHK, N.D. Calif.; 2013 U.S. Dist. LEXIS 160188).
TAMPA, Fla. - A Florida federal judge on Nov. 7 denied conditional certification of a nationwide class of retail store workers seeking to recover overtime pay for "off-the-clock" work, finding no evidence of a scheme to force employees to work off the clock (Elizabeth Chalker v. Burlington Coat Factory of Florida, LLC, et al., No. 12-2755, M.D. Fla.; 2013 U.S. Dist. LEXIS 159628).
NEW ORLEANS - A federal magistrate judge in Louisiana on Nov. 8 granted in part the majority of a motion to compel filed by defendants in a trade secret misappropriation case, finding that a large number of the documents listed on the plaintiff's privilege log were not protected from disclosure (Premier Dealer Services Inc. v. Troy Duhon, et al., No. 12-1498, E.D. La.; 2013 U.S. Dist. LEXIS 160204).
NEW YORK - RadioShack Corp. was permitted, under the New York Labor Law (NYLL), to use the U.S. Department of Labor's (DOL) Fluctuating Workweek (FWW) to calculate overtime, a New York federal judge ruled Nov. 7 dismissing a class action wage-and-hour suit filed against the retailer (Jaime Wills, et al. v. RadioShack Corporation, No. 13-2733, S.D. N.Y.; 2013 U.S. Dist. LEXIS 159727).
LONDON - After finding that an investment firm's claims relating to approximately $8 million in allegedly unpaid fees were not subject to arbitration, an English justice on Nov. 7 refused to stay the case in favor of arbitration (Guidance Investments Limited v. Guidance Hotel Investment Company B.S.C., No. $(2013$) EWHC 3413 $(Comm$), England and Wales High, Comm.).
CHICAGO - A federal judge in Illinois on Nov. 7 held that emails containing communications among members of the band A Day to Remember, its attorneys and their personal manager were not protected from disclosure because the personal manager was not a consultant for the purposes of determining privilege (Joshua Woodard, et al. v. Victory Records Inc., et al., No. 11 CV 7594, N.D. Ill.; 2013 U.S. Dist. LEXIS 159498).
NEW YORK - An unclear mesothelioma diagnosis warrants deposing a treating physician who moved to Italy, a New York justice held in an opinion posted Nov. 7 (John W. Adler v. 3M Co., et al., No. 190392-2012, N.Y. Sup., New York Co.; 2013 N.Y. Misc. LEXIS 5101).
WASHINGTON, D.C. - A District of Columbia federal judge on Nov. 6 denied final approval of a class settlement in a class complaint accusing L'Oreal USA Inc. of falsely labeling products as salon-only while also selling them in large chain stores, finding that the settlement that provided monetary funds only to the class representatives and counsel was "not fair, reasonable, and adequate" (Alexis Richardson, et al. v. L'Oreal USA, Inc., No. 13-508, D. D.C.; 2013 U.S. Dist. LEXIS 158599).
BRIDGEPORT, R.I. - A widow is entitled to photographs taken during a walkthrough of a facility where asbestos exposure allegedly occurred but has not shown sufficient need to obtain copies of requested documents, a Rhode Island judge held Nov. 6 (Gloria Cary, et al. v. American Optical Corp., et al., No. PC 10-3263, R.I. Super., Providence Plantation).
SAN FRANCISCO - A California federal judge on Nov. 5 denied a motion by Coca-Cola Co. to dismiss a wage-and-hour class complaint filed on behalf of more than a dozen California subclasses (Daniel Ambriz v. Coca Cola Company, No. 13-3539, N.D. Calif.; 2013 U.S. Dist. LEXIS 158513).
NEW YORK - A federal district court did not err in dismissing a securities class action complaint against Freddie Mac for alleged federal securities law violations because the lead plaintiff failed to plead loss causation, a Second Circuit U.S. Court of Appeals panel ruled Nov. 5 (Central States, Southeast and Southwest Areas Pension Fund, et al. v. Federal Home Loan Mortgage Corp., et al., No. 12-4353, 2nd Cir.; 2013 U.S. App. LEXIS 22413).
CINCINNATI - An arbitration clause that makes no reference to a classwide proceeding does not permit such a solution to resolve a billing dispute, the Sixth Circuit U.S. Court of Appeals ruled Nov. 5, affirming a trial court opinion (Reed Elsevier, Inc., through its LexisNexis Division v. Craig Crockett, et al., No. 12-3574, 6th Cir.; 2013 U.S. App. LEXIS 22408).
PHILADELPHIA - In light of a ruling by the New Jersey Supreme Court that found certificates bought at www.restaurant.com to be "consumer contracts" and subject to the regulations of New Jersey's Truth-in-Consumer Contract, Warrant and Notice Act (TCCWNA), a Third Circuit U.S. Court of Appeals panel on Nov. 4 reversed a trial court's dismissal of a putative class claim brought under the act (Larissa Shelton, et al. v. Restaurant.com Inc., No. 10-2980, 3rd Cir.; 2013 U.S. App. LEXIS 22341).
NEW YORK - A split Second Circuit U.S. Court of Appeals panel on Nov. 6 held that an employer's appeal of attorney fees in a settled wage-and-hour dispute was untimely because it was filed more than 30 days after the settlement was approved (Miguel G. Perez, et al. v. AC Roosevelt Food Corporation, et al., No. 13-497, 2nd Cir.; 2013 U.S. App. LEXIS 22500).
WASHINGTON, D.C. - After finding that a Netherlands corporation did not hold an investment under a bilateral investment treaty in relation to shares in a bank, a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Nov. 5 released its decision dismissing the claims for lack of jurisdiction (KT Asia Investment Group B.V. Republic of Kazakhstan, No. ARB/09/8, ICSID).
WASHINGTON, D.C. - A state's lawsuit may not be removed to federal court under the Class Action Fairness Act (CAFA), Jonathan S. Massey of Washington, representing the State of Mississippi's attorney general, told the U.S. Supreme Court on Nov. 6 (State of Mississippi, ex rel. Jim Hood, Attorney General v. AU Optronics Corp., et al., No. 12-1036, U.S. Sup.).
NEW YORK - A federal judge in New York on Nov. 4 denied the dismissal of a class action complaint alleging that a Citicorp subsidiary failed to comply with the Truth in Lending Act (TILA) billing notice requirements in a consumer's credit card statement but granted the subsidiary's motion to strike the consumer's request for $1 million in statutory damages (Marcy Zevon v. Department Stores National Bank, No. 12-7799, S.D. N.Y.; 2013 U.S. Dist. LEXIS 157784).
NEW YORK - After finding that a panel of maritime arbitrators did not exceed its authority in awarding a Liberian shipping company damages in relation to a charter party dispute, a New York federal judge on Oct. 31 refused to vacate the award and granted the company's petition to confirm (Phoenix Bulk Carriers Ltd. v. America Metals Trading LLP, No. 10-2963, S.D. N.Y.; 2013 U.S. Dist. LEXIS 156683).
SAN FRANCISCO - A procedure for determining the portion of settlement proceeds to be awarded to certain class members in a consumer antitrust action against Microsoft Corp. does not violate the terms of the underlying $1.1 billion settlement agreement, a California appellate court affirmed Oct. 31 in an unpublished opinion (Charles J. Longo, et al. v. Microsoft Corporation, No. A136531, Calif. App., 1st Dist.; 2013 Cal. App. Unpub. LEXIS 7931).
JACKSONVILLE, Fla. - An insurer is not required to produce pending claims files related to pollution liability and environmental contamination coverage until after those claims are decided, a Florida federal magistrate judge said Nov. 1 (First Coast Energy LLP v. Mid-Continent Casualty Co., No. 12-281, M.D. Fla.; 2013 U.S. Dist. LEXIS 157039).
AUSTIN, Texas - Because the laptops purchased by two putative class action plaintiffs "functioned adequately for nearly five times longer than" warranted, a Texas federal judge on Oct. 31 dismissed fraud, breach of warranty and related claims against Apple Inc. (David R. Deburro, et al. v. Apple Inc., No. 1:13-cv-000784, W.D. Texas; 2013 U.S. Dist. LEXIS 156565).
WASHINGTON, D.C. - The time workers spend putting on attire that may look like regular clothes but is worn to protect them is compensable under the Fair Labor Standards Act (FLSA), despite a collective bargaining agreement (CBA) stating otherwise, Eric Schnapper of the University of Washington School of Law in Seattle told the U.S. Supreme Court Nov. 4, arguing on behalf of employees of United States Steel Corp. (Clifton Sandifer, et al. v. United States Steel Corporation, No. 12-417, U.S. Sup.).
WASHINGTON, D.C. - In its Nov. 4 order list, the U.S. Supreme Court denied certiorari in a petition regarding the settlement of a privacy class action over Facebook Inc.'s short-lived "Beacon" program, with Chief Justice John Roberts noting that although there are "fundamental concerns" regarding the growing trend of cy pres remedies in class actions, the issues presented in the current case are too narrowly focused to provide an opportunity for the high court to address those issues (Megan Marek v. Sean Lane, et al., No. 13-136, U.S. Sup.).
MEMPHIS, Tenn. - A Tennessee federal judge on Oct. 31 entered a default ruling against a cotton company and granted a Thai company's petition to confirm a $380,908 arbitration award that was issued in its favor (NVK Spinning Co. Ltd. v. Mid-South Cotton Company LLC, No. 12-2646, W.D. Tenn.; 2013 U.S. Dist. LEXIS 156267).
ROCHESTER, N.Y. - A Xerox Corp. pension plan participant's claim that the plan breached its fiduciary duty under the Employee Retirement Income Security Act by disregarding a Ninth Circuit U.S. Court of Appeals ruling and applying a phantom account offset to his pension benefits was not time-barred, although his claims for benefits were, a federal judge in New York ruled Oct. 30 (Testa v. Becker, et al., No. 10-6229, W.D. N.Y.; 2013 U.S. Dist. LEXIS 155577).