NEW YORK - A federal appeals panel on May 23 affirmed a New York federal judge's dismissal of a class action against Citigroup Inc. brought under the Employee Retirement Income Security Act on the grounds that it is barred by the law's three-year statute of limitations (Steven Muehlgay, et al. v. Citigroup Inc., et al., No. 15-2461, 2nd Cir.; 2016 U.S. App. LEXIS 9349).
NEW ORLEANS - In a negligence lawsuit, a marine liability expert is limited to testifying on opinions raised in an original report, a Louisiana federal judge ruled May 23, finding that the second report is not based on newly discovered evidence (Joseph Walton v. Enterprise Marine Services, LLC, No. 14-2468, E.D. La.; 2016 U.S. Dist. LEXIS 67408).
ST. PAUL, Minn. - An Eighth Circuit U.S. Court of Appeals panel on May 20 reversed certification of a class of homeowners in a Minneapolis neighborhood who have sued General Mills Inc. for environmental contamination, finding that the class lacks requisite commonality and cohesiveness (Karl Ebert, et al. v. General Mills, Inc., No. 15-1735, 8th Cir.; 2016 U.S. App. LEXIS 9233).
CLEVELAND - An arbitrator must decide the arbitrability of a former Uber Technologies Inc.'s drivers wage and employment status allegations, an Ohio federal judge ruled May 23, finding that the driver failed to timely opt out of the arbitration provision of the services agreement to which he consented (LaDon Bruster v. Uber Technologies Inc., et al., No. 15-2653, N.D. Ohio; 2016 U.S. Dist. LEXIS 67523).
STOCKHOLM - A Swedish care company on May 23 announced that a tribunal in London has ordered two companies within its group to pay another entity $9,920,299 for improperly terminating an agreement to purchase a patient identification product.
NEW HAVEN, Conn. - A life insurance company told a federal court in Connecticut on May 23 that an arbitration panel's clarification of an arbitration award is valid and that the court should order a reinsurer to pay a certain amount to the insurer (General Re Life Corporation v. The Lincoln National Life Insurance Company, No. 15-cv-01860, D. Conn.).
CHARLOTTE, N.C. - A North Carolina federal judge on May 23 found that the circumstances surrounding the foreclosure of a property did not warrant the issuance of a temporary restraining order (TRO) and that claims for violation of the Truth in Lending Act (TILA) and other claims were time-barred (Elihah Walker, et al. v. SGB Corporation d/b/a West America Mortgage Co., No. 3:15-cv-00607, W.D. N.C., 2016 U.S. Dist. LEXIS 67446).
SAN FRANCISCO - Alleging infringement of 11 standard-essential patents (SEPs), China-based Huawei Technologies Co. Ltd. on May 24 took aim at Samsung Electronics Co. Ltd. in a new California federal complaint (Huawei Technologies Co. Ltd. et al. v. Samsung Electronics Co. Ltd. et al., No. 16-2787, N.D. Calif.).
PASADENA, Calif. - Two groups of parents who want their disabled children to be schooled separately from the Los Angeles Unified School District's (LAUSD) general, non-disabled student population should be allowed to intervene in a class action brought on behalf of all disabled students in LAUSD, the Ninth Circuit U.S. Court of Appeals ruled May 20 (Chanda Smith, et al. v. Los Angeles Unified School District, et al. v. April Munoz, et al., Nos. 14-55224 and 14-55256, 9th Cir.; 2016 U.S. App. LEXIS 9249).
BROOKLYN, N.Y. - A New York federal judge on May 23 excluded in part evidence of a plaintiff's intoxication in a civil lawsuit brought against police officers; however, the judge denied the plaintiff's request to preclude evidence of his guilty plea to his traffic violation (Imran Ali v. Police Officer William Connick and Sergeant Donald Kipp, No. 11-5297, E.D. N.Y.; 2016 U.S. Dist. LEXIS 67466).
PHILADELPHIA - An insurance company's expert may testify on the cause of a fire to property, a Pennsylvania federal magistrate judge ruled May 23, finding that although the expert failed to collect some relevant information and perform tests that would have strengthened the opinion's basis, the challenges go to the weight of his opinions (Allstate Insurance Co. v. Rosa-Lee Anderson and Deandre Patterson, No. 15-2651, E.D. Pa.; 2016 U.S. Dist. LEXIS 66481).
SAN FRANCISCO - Following two weeks of testimony, jurors assigned to the copyright infringement retrial between plaintiff Oracle America Inc. and defendant Google Inc. began deliberations on May 23, but their efforts were stymied just one day later when they were unable to access an electronic evidence cart containing source code relevant to the dispute (Oracle America Inc. v. Google Inc., No. 10-3561, N.D. Calif.).
NEW YORK - New York State Attorney General Eric T. Schneiderman announced May 24 that his office is suing to "seek redress for and to stop widespread and systematic violations of the New York Labor Law by Domino's Pizza Inc." and three of its franchisees (The People of the State of New York v. Domino's Pizza Inc., et al., No. n/a, N.Y. Sup., New York Co.).
NEW YORK - A Second Circuit U.S. Court of Appeals panel on May 24 found that a trial court erred in failing to make a determination whether a juror was dismissed by the defendants based on race, vacating judgment in a wrongful death suit (Chan Young Bak v. Metro-North Railroad Co., et al., No. 15-1963, 2nd Cir.; 2016 U.S. App. LEXIS 9470).
WASHINGTON, D.C. - The U.S. Supreme Court on May 23 directed the Fifth Circuit U.S. Court of Appeals to reconsider, in light of Spokeo, Inc. v. Robins (578 U.S. __ ), its ruling that a defined-benefit pension plan participant did not have standing to file a breach of fiduciary duty suit under the Employee Retirement Income Security Act (Edward Pundt v. Verizon Communications, Incorporated, et al., No. 15-785, U.S. Sup.).
WASHINGTON, D.C. - The U.S. Supreme Court on May 23 let stand a Ninth Circuit U.S. Court of Appeals ruling regarding whether a successor employer can be subject to Multiemployer Pension Plan Amendments Act (MPPAA) withdrawal liability (Michael's Floor Covering LLC v. Resilient Floor Covering Pension Fund, No. 15-1118, U.S. Sup.).
PASADENA, Calif. - A Ninth Circuit U.S. Court of Appeals panel on May 24 affirmed dismissal of ERISA and breach of contract claims against Booz Allen Hamilton Inc. (BAH) arising from an employment dispute (Foster Rich v. Ralph W. Shrader, et al., No. 14-55484, 9th Cir.; 2016 U.S. App. LEXIS 9488).
DENVER - The 10th Circuit U.S. Court of Appeals on May 24 affirmed a lower federal court's ruling that coverage for an underlying $450,000 settlement is barred by an insurance policy's "Specific Entity Exclusion" and, therefore, the insurer has no duty to defend or indemnify against the underlying claims (P&S LLC v. National Union Fire Insurance Company of Pittsburgh, Pa., No. 15-1308, 10th Cir.).
COLUMBUS, Ohio - A federal judge in Ohio on May 19 granted a plaintiff's motion in limine to prevent E.I. du Pont de Nemours and Co. from questioning his treating physician regarding causation in his claim that DuPont is liable for his cancer from exposure to perfluorooctanoic acid (known as C8) (In re E.I. du Pont de Nemours and Co. C-8 Personal Injury Litigation, MDL No. 2433, No. 13-2433, S.D. Ohio).
PASADENA, Calif. - A Ninth Circuit U.S. Court of Appeals panel on May 20 affirmed in part and denied in part a California federal judge's summary judgment ruling in favor of defendants in a class action under the Employee Retirement Income Security Act (Geoffrey Moyle, et al. v. Liberty Mutual Retirement Benefits Plan, et al., No. 13-56330, 9th Cir.; 2016 U.S. App. LEXIS 9251).
NEW YORK - Transfer of a securities class action lawsuit to another federal district court is proper because shareholders' claims could have been brought in that court and because the relevant factors "overwhelmingly support transfer of this action to the District," a federal judge in New York ruled May 19 (William Ahrens, et al. v. CTI Biopharma Corp., et al., No. 16-1044, S.D. N.Y.; 2016 U.S. Dist. LEXIS 66139).