Magistrate Judge Finds Subpoena Issued During Discovery Stay Was Improper

    SAN FRANCISCO - A federal magistrate judge in California on Sept. 12 granted a third party's motion to quash a subpoena seeking 48 categories of documents that was issued during a stay in discovery and ordered the plaintiff to pay the fees the company incurred as a result of filing motions to quash and for sanctions for violating Federal Rule of Civil Procedure 45 (Michael Hill, et al. v. Robert's American Gourmet Food LLC, et al., No. C-13-80166 MISC JST, N.D. Calif.; 2013 U.S. Dist. LEXIS 131381).

    Putative Class Seeks Damages For Unrefunded Losses From Bankrupt Revel Casino

    TRENTON, N.J. - A group of casino customers filed a putative class action lawsuit in the U.S. District Court for the District of New Jersey on Sept. 13, alleging violations of the New Jersey Consumer Fraud Act, among others, against bankrupt casino Revel Entertainment Group LLC and its affiliate Chatham Asset Management LLC related to slot machine losses the customers say the casino promised to refund (Margaret Peragine, et al. v. Revel Entertainment Group, et al., No. 13-05451, D. N.J.).

    Makers Of Pigment, Purchasers Get Preliminary Approval Of Price-Fixing Settlements

    BALTIMORE - A federal judge in Maryland on Sept. 12 approved settlements worth $163.5 million between purchasers and the market leaders in the production of titanium dioxide on the purchasers' claims that the manufacturers engaged in price fixing, with the last agreement being reached on the eve of trial (In re Titanium Dioxide Antitrust Litigation $(All Actions$), No. 10-0318, D. Md.; 2013 U.S. Dist. LEXIS 130288).

    California Federal Magistrate Denies Discovery Request In Copyright, Trademark Case

    SAN DIEGO - A request for authorization to conduct forensic examinations of the computers of two individuals allegedly responsible for creating an infringing jewelry line was denied Sept. 13 by a California federal magistrate judge (Sophia & Chloe Inc. v. Brighton Collectibles, No. 12-2472, S.D. Calif.).

    International Arbitration Court Issues Order In NAFTA Dispute With Canada

    THE HAGUE, Netherlands - A procedural order requiring the production of documents in a dispute in which an energy company alleges that Canada violated the North American Free Trade Agreement (NAFTA) was released by the Permanent Court of Arbitration (PCA) on Sept. 13 (Mesa Power Group v. Government of Canada, No. 2012-17, PCA).

    On Remand, Federal Judge Finds Plaintiff's Benzene Causation Expert Admissible

    MILWAUKEE - A federal judge in Wisconsin on Sept. 13 denied a paint manufacturer summary judgment in a benzene exposure case, finding that the plaintiff's industrial hygienist's testimony was admissible and that Wisconsin law applied (Joanne Evelyn Schultz v. The Glidden Co., No. 08-C-919, E.D. Wis.; 2013 U.S. Dist. LEXIS 131139).

    Judge Affirms Magistrate's Ruling Finding Company Waived Privilege Over Documents

    WHEELING, W.Va. - A federal judge in West Virginia on Sept. 13 upheld a magistrate judge's ruling requiring a defendant company in an employment discrimination suit to produce a number of documents listed on its privilege log after finding that the company waived privilege over the information by failing to submit a privilege log in a timely manner (Tony B. Clay v. Consol Pennsylvania Coal Company LLC, et al., No. 12CV92, N.D. W.Va.; 2013 U.S. Dist. LEXIS 131137).

    Detroit: Union Document Requests Go Beyond What Is Required In Bankruptcy

    DETROIT - The bankrupt City of Detroit on Sept. 13 filed objections to all of the document requests filed by the Retired Detroit Police Members Association (RDPMA) as it seeks discovery regarding the city's eligibility to file for Chapter 9 bankruptcy, arguing that the requests "impose a burden" beyond what is required under the Federal Rules of Bankruptcy Procedure (FRBP) or any other applicable procedural rules (In Re: City of Detroit, No. 13-53846, Chapter 9, E.D. Mich. Bkcy.).

    Judge Awards $13M Under ERISA To Beneficiaries Who Received Benefits Through RAA

    PORTLAND, Maine - A federal judge in Maine on Sept. 11 awarded more than $13 million in damages and prejudgment interest to a class of life insurance beneficiaries who received benefits through retained asset accounts (RAAs) on their claims that Unum Life Insurance Company of America breached its fiduciary duty under the Employee Retirement Income Security Act to act solely in the interest of the beneficiaries by failing to credit a sufficient rate of interest to their RAAs (Denise Merrimon, et al. v. Unum Life Insurance Company of America, No. 2:10-cv-00447, D. Maine; 2013 U.S. Dist. LEXIS 129619).

    Deaf Man Denied Job As Lifeguard Wins Exclusion Of 2 Defense Experts

    PORT HURON, Mich. - A federal judge in Michigan on Sept. 12 excluded testimony from two of three defense experts in a case alleging discrimination by a county park system that refused to hire a deaf lifeguard (Nicholas Keith v. Oakland County, et al., No. 10-12026, E.D. Mich., Southern Div.; 2013 U.S. Dist. LEXIS 130370).

    7th Circuit: Experts Can't Vouch For Victim's Family's Timing Of Railroad Warnings

    CHICAGO - A magistrate judge did not err in finding expert testimony unreliable in a fatal railroad collision and in granting the defendants summary judgment, a Seventh Circuit U.S. Court of Appeals panel held Sept. 11 (Tanya Nunez v. BNSF Railway Co., No. 12-3018, 7th Cir.; 2013 U.S. App. LEXIS 18882).

    Judge Finds Cephalon Properly Withheld, Redacted Privileged Information

    PHILADELPHIA - A federal judge in Pennsylvania on Sept. 11 denied the Federal Trade Commission's (FTC) motion to compel production of documents withheld and redacted by Cephalon Inc. concerning its settlement of patent infringement claims regarding the drug Provigil, after finding that the manufacturer properly asserted the attorney-client privilege over the information (Federal Trade Commission v. Cephalon Inc., No. 08-cv-2141, E.D. Pa.).

    Expert Testimony Limited In Massachusetts Action Alleging Fatal Drug Prescriptions

    BOSTON - A federal judge hearing a drug distribution case against two medical practitioners on Sept. 11 limited testimony from government and defense witnesses related to whether the prescribed drugs caused six deaths and to the required standard of practice (United States of America v. Joseph Zolot and Lisa Pliner, No. 11-10070-PBS, D. Mass.; 2013 U.S. Dist. LEXIS 129690).

    Federal Judge Approves Settlement Of Credit Card Late-Fees Class Action

    PROVIDENCE, R.I. - A federal judge in Rhode Island on Sept. 12 granted final approval of a settlement in which all class members who submitted claim forms will be paid $40 and all other class members will be paid a share of a $4 million settlement fund, ending a class action alleging that Bank of America Corp. (BAC) imposed unfair late fees on its credit card customers (Bruce J. Trombley, et al. v. Bank of America Corp., No. 08-456, D. R.I.; 2013 U.S. Dist. LEXIS 130550).

    Nevada Federal Judge Allows Competition Law Claims In Consolidated Data Breach Case

    LAS VEGAS - A consumer sufficiently alleges injury and adequately pleads California unfair competition law (UCL) and false advertising law claims against online retailer Zappos.com Inc. arising from an alleged data breach, a Nevada federal judge held Sept. 9 (In re Zappos.com Inc., Customer Data Security Breach Litigation, No. 12-325, D. Nev.; 2013 U.S. Dist. LEXIS 128155).

    Federal Judge Refuses To Remand Seaman's Case To State Court

    NEW ORLEANS - A Louisiana federal judge on Sept. 11 refused to remand a seaman's injury-related claims against his employer to state court, finding that the question of whether an arbitral award rendered by Philippine arbitrators was enforceable or was void based on public policy grounds should be decided in federal court (Lito Martinez Asignacion v. Rickmers Genoa Schiffahrts, No. 13-0607, E.D. La.; 2013 U.S. Dist. LEXIS 129797).

    Remand Granted In Part In Louisiana Actions Alleging Hurricane Isaac Contamination

    NEW ORLEANS - Property contamination damage class action claims alleged against the operator of a Plaquemine Parish, La., chemical terminal inundated when levees failed following landfall by Hurricane Isaac were remanded in part Sept. 10 in the U.S. District Court for the Eastern District of Louisiana (Donna Mumfrey-Martin, et al. v. Stolthaven New Orleans, et al., No. 12-2539 $(consolidated$), E.D. La.; 2013 U.S. Dist. LEXIS 129790).

    Motion To Bifurcate Trial Denied In RICO Lawsuit Challenging Lago Agrio Award

    NEW YORK - The judge presiding over the lawsuit filed by Chevron Corp. in the U.S. District Court for the Southern District of New York to challenge the $18 billion judgment for personal injuries and property damage by a Lago Agrio, Ecuador, court issued an order Sept. 10 denying in part a motion to divide the liability determinations of the lawyer defendants and Lago Agrio plaintiff representative defendants in the trial scheduled for Oct. 15 (Chevron Corp. v. Steven R. Donziger, et al., No. 11-691, S.D. N.Y.).

    Florida Federal Judge Says Tobacco Plaintiff Can't Bring Evidence Of Additives

    MIAMI - A tobacco wrongful death plaintiff may not introduce evidence of additives in cigarette tobacco, a Florida federal judge said in a Sept. 11 decision, because an expert's report does not touch on the question (Ronnie L. Jacobson, et al. v. Philip Morris USA Inc., et al., No. 1:12-cv-23781, S.D. Fla.).

    San Francisco City Attorney Files Class Suit Against Nevada For Patient Dumping

    SAN FRANCISCO - The City and County of San Francisco filed a class complaint Sept. 10 in the San Francisco County Superior Court against the State of Nevada and state officials for allegedly "dumping" indigent psychiatric patients (City and County of San Francisco, et al. v. State of Nevada, et al., No. CGC-13-534108, Calif. Super., San Francisco Co.).

    7th Circuit Reverses Decertification Of Class In ATM Fees Suit

    CHICAGO - The Seventh Circuit U.S. Court of Appeals on Sept. 10 reversed a district court's decertification of a class of ATM users who alleged violations of the Electronic Fund Transfer Act (EFTA), finding that the amount damages sought should not bar certification (David Hughes v. Kore of Indiana Enterprise Inc., No. 13-8018, 7th Cir.).

    Russian Company Requests Amended Confirmation Ruling; Appeal Filed

    NEW YORK - A Russian company on Sept. 6 moved to amend a New York federal judge's decision granting it summary judgment and confirming an arbitration award issued in its favor by an international tribunal, requesting that the court enter a supplemental ruling in the amount of $119,831,029, plus interest and costs (Yukos Capital S.A.R.L. v. OAO Samaraneftegaz, No. 10- 6147, S.D. N.Y.).

    Committee: Excel Maritime 'Improperly Seeks' Discovery From Prepetition Expert

    NEW YORK - The Official Committee of Unsecured Creditors in the Chapter 11 bankruptcy of Excel Maritime Carriers Ltd. on Sept. 10 filed a brief arguing that Excel "improperly seeks discovery" from a prepetition expert that was hired by an ad hoc committee of unsecured creditors (In Re: Excel Maritime Carriers Ltd., No. 13-23060, Chapter 11, S.D. N.Y. Bkcy.).

    9th Circuit: Google's Data Captures Were Not Exempt Under Wiretap Act

    SAN FRANCISCO - A California federal court did not err when it denied a motion to dismiss a class complaint against Google Inc. alleging violations of the Wiretap Act when, while capturing Street View photos, it collected data from unencrypted Wi-Fi networks, the Ninth Circuit U.S. Court of Appeals ruled Sept. 10 (Benjamin Joffe, et al. v. Google, Inc., No. 11-17483, 9th Cir.; 2013 U.S. App. LEXIS 18781).

    Apple Facing Class Suit Over 'Breaking Bad' Season Passes

    SAN JOSE, Calif. - An Ohio man filed a class complaint on Sept. 6 in California federal court accusing Apple Inc. of failing to provide the full season of "Breaking Bad" to consumers who purchased a "season pass" (Noam Lazebnick, M.D., et al. v. Apple, Inc., No. 13-4145, N.D. Calif.).