TRENTON, N.J. - A group of residents on May 2 filed a purported class action in New Jersey federal court seeking compensatory and punitive damages against Gov. Chris Christie and officials associated with Newark Public Schools in relation to lead-contaminated drinking water in the city and its schools (Veronica Branch, et al v. Chris Christie, et al., No. 16-2467, D. N.J.).
NEW YORK - Plaintiffs may present expert testimony that cumulative asbestos exposures lead to mesothelioma, a New York justice held in an opinion posted May 3 (Alice Butera, et al. v. A.O. Smith Water Products Co., et al., No. 102479/2003, Helena D. Miskill, et al. v. A.W. Chesterton Co., et al., No. 109496/2003, N.Y. Sup., New York Co.).
PASADENA, Calif. - A California federal court properly dismissed a call center employee's rounding and unpaid wage claims and, because judgment on the rounding claim was affirmed, there is no need for reconsideration of a motion for class certification, a Ninth Circuit U.S. Court of Appeals panel ruled May 2 (Andre Corbin, et al. v. Time Warner Entertainment Advance/Newhouse Partnership, No. 13-55622, 9th Cir.; 2016 U.S. App. LEXIS 7896).
SAN FRANCISCO - In a May 3 minute order, a California federal magistrate judge granted Apple Inc.'s motion to quash a subpoena served on it by the merchant plaintiffs in an antitrust lawsuit against credit card companies and issuing banks related to purportedly fixed intercharge fees (In re Payment Card Intercharge and Merchant Discount Antitrust Litigation, No. 3:16-mc-80069, N.D. Calif.).
NEW YORK - A federal judge in New York on May 2 enjoined an investor from pursuing a dispute before the Commodity Futures Trading Commission (CFTC) and ordered that the dispute be arbitrated in London instead (Oei Hong Leong v. The Goldman Sachs Group, Inc., No. 13-cv-08655, S.D. N.Y.; 2016 U.S. Dist. LEXIS 58176).
SAN FRANCISCO - In a copyright infringement lawsuit between Oracle America Inc. and Google Inc., a California federal judge on May 2 excluded any portions of an expert's survey or opinions based on pretest results as unreliable (Oracle America, Inc. v. Google, Inc., No. 10-03561, N.D. Calif.; 2016 U.S. Dist. LEXIS 58304).
CHICAGO - A police practices expert may not testify on conclusions that the conduct of police officers amounted to "deliberate indifference" in the alleged wrongful investigation of a man for murder, an Illinois federal judge ruled May 2; however, the expert may testify to the relevant professional standards and identify departures from the standards (Rodell Sanders v. City of Chicago Heights, et al., No. 13-0221, N.D. Ill.; 2016 U.S. Dist. LEXIS 57704).
SAN FRANCISCO - A federal district court erred in dismissing a securities class action lawsuit and denying reconsideration of its ruling because shareholders properly pleaded a material misrepresentation, scienter and loss causation in making their federal securities law claims, the shareholders argue in an appellant brief filed May 2 in the Ninth Circuit U.S. Court of Appeals (Joseph Curry, et al. v. Yelp Inc., et al., No. 16-15104, 9th Cir.).
NEW YORK - A federal judge did not err in dismissing federal securities laws claims against defendants in a securities class action lawsuit because shareholder claims were time-barred under the applicable statute of repose, a Second Circuit U.S. Court of Appeals panel ruled April 29 (DeKalb County Pension Fund v. Transocean Ltd., et al., No. 14-0894, 2nd Cir.).
WASHINGTON, D.C. - The U.S. Supreme Court on May 2 declined review of a Fifth Circuit U.S. Court of Appeals decision affirming a federal district court's ruling that denied a motion for class certification in a securities class action lawsuit based upon the damages methodology used (Robert Ludlow, et al. v. BP PLC, No. 15-952, U.S. Sup.).
NEW YORK - An appeals court erred in finding that Ford USA's control over the brand's trademark placed it sufficiently in the chain of distribution for liability arising from Ford UK's asbestos-containing products, New York's high court held April 3 (Raymond Finerty, et al. v. Abex Corp., et al., No. 190187/10 14344 14343, N.Y. Sup., App. Div., 1st Dept.).
LOS ANGELES - California's high court should accept review of a $2 million verdict in an asbestos case and firmly establish that testimony that any exposure to asbestos causes disease falls short of the state's causation standard, amici curiae argue in an April 29 brief (Nickole Davis, as personal representative, etc. v. Honeywell International Inc., No. S233753, Calif. Sup.).
PORTLAND, Ore. - In a private nuisance lawsuit between a homeowner and wind turbine companies, experts cannot testify regarding the causal link between turbine-generated infrasound and adverse human health effects, an Oregon federal magistrate judge held April 28 (Daniel Brian Williams v. Invenergy, LLC and Willow Creek Energy, LLC, No. 13-01391, D. Ore.; 2016 U.S. Dist. LEXIS 57045).
ST. LOUIS - The plaintiffs in a multidistrict litigation against the operator of AshleyMadison.com related to a July 2015 breach of the adult dating website's network may not use or refer to documents stolen from Avid Dating Life Inc. in the computer hack of its database when filing the plaintiffs' consolidated complaint, a Missouri federal judge ruled April 29 (In re Ashley Madison Customer Data Security Breach Litigation, No. 15-2669, E.D. Mo.; 2016 U.S. Dist. LEXIS 57619).
BOSTON - A man whose personally identifiable information (PII) was shared with a third party via USA Today's mobile app has sufficiently pleaded a violation of the Video Protection Privacy Act (VPPA), a First Circuit U.S. Court of Appeals panel ruled April 29, vacating a trial court's dismissal of a putative class action against the newspaper's owner (Alexander Yershov v. Gannett Satellite Information Network Inc., No. 15-1719, 1st Cir.; 2016 U.S. App. LEXIS 7791).
CLEVELAND - A federal judge in Ohio on April 27 granted a shareholder's motion for reconsideration of an earlier ruling dismissing the shareholder's amended complaint, ruling that the shareholder properly pleaded a material misrepresentation and scienter in making its federal securities law claims (Santokh Sohol v. Ellis Yan, et al., No. 15-0393, N.D. Ohio; 2016 U.S. Dist. LEXIS 56049).
ST. CROIX, Virgin Islands - A firearms and toolmark expert may testify about the recovery of trace evidence, including latent prints and DNA, from ammunition, a Virgin Islands federal judge ruled April 28, denying a motion to exclude the testimony in a lawsuit alleging violation of possession of ammunition by a convicted felon (United States of America v. Damian Lang, Sr., No. 2015-0013, D. Virgin Islands; 2016 U.S. Dist. LEXIS 56730).
INDIANAPOLIS - A trial judge did not abuse his discretion in allowing a police officer to give his opinion that the presence of ammonia gas in a fuel container established that the substance had been used to manufacture methamphetamine, an Indiana appeals panel ruled April 28, affirming a conviction for dealing in methamphetamine (Alan E. Dewitt v. State of Indiana, No. 09A04-1508-CR-1179, Ind. App.; 2016 Ind. App. Unpub. LEXIS 506).
DETROIT - A Michigan federal judge on April 28 certified a class consisting of thousands of Michigan residents in a lawsuit accusing two debt collectors of sending collection notices for time-barred debts (Joseph Luther v. Convergent Outsourcing, Inc., et al., No. 15-10902, E.D. Mich.; 2016 U.S. Dist. LEXIS 56456).
SAN FRANCISCO - A woman who says she received "multiple" unsolicited text messages from Facebook Inc. that were intended for the prior holder of her cell phone number, filed a putative class complaint against the social network operator April 26 in California federal court, alleging violations of the Telephone Consumer Protection Act (TCPA) and California's unfair competition law (UCL) (Christine Holt v. Facebook Inc., No. 3:16-cv-02266, N.D. Calif.).
TRENTON, N.J. - Dismissal of federal claims in a securities class action lawsuit is proper because a shareholder failed to plead any material misstatements or omissions in making his claims against a drug company and certain of its current and former executive officers, a federal judge in New Jersey ruled April 26 (In re Amarin Corp. PLC Securities Litigation, No. 13-6663, D. N.J.; 2016 U.S. Dist. LEXIS 55568).
NEW YORK - A New York justice on April 28 knocked a $25 million asbestos verdict against a brake grinder manufacture down to $9 million but otherwise rejected challenges to the verdict, according to documents filed with the court (Walter Miller v. BMW of North America LLC, et al., No. 190087/2014, N.Y. Sup., New York Co.).
LOS ANGELES - In an April 27 reply brief supporting its motion for contempt and sanctions in a trademark and unfair competition lawsuit, the operator of an attorney recruiting website argues that the operator of a competing site failed to provide meaningful or complete discovery responses and depositions in contravention of a court order (Lateral Link Group LLC v. Habeas Corp., et al., No. 2:14-cv-05695, C.D. Calif.).
SAN JOSE, Calif. - In an April 26 brief in California federal court, Google Inc. argues that the claims brought against it by 710 individual plaintiffs, related to Google's purported scanning of their emails, constitute an inappropriate "end run around" the proper filing processes and an effort to circumvent the class action guidelines of Federal Rule of Civil Procedure (FRCP) 23 (Ryan Corley, et al. v. Google Inc., No. 5:16-cv-00473, N.D. Calif.).
NEW YORK - Two travel company employees who allege in a class complaint that they were denied minimum and overtime wages while escorting groups from New York to a casino in Pennsylvania failed to establish personal jurisdiction as to the companies that own the casino and adjacent retail complex, a New York federal judge ruled April 28 (Lin Wai Mao, et al. v. Sands Bethworks Gaming LLC, et al., No. 15-6252, S.D. N.Y.; 2016 U.S. Dist. LEXIS 56742).