SAN FRANCISCO - A semiconductor developer and certain of its executive officers will pay more than $7 million to settle claims that they violated federal securities laws by failing to disclose certain related party transactions in the company's financial statements, lead plaintiffs say in a motion for preliminary approval of settlement filed July 10 in California federal court (In re Montage Technology Group Limited Securities Litigation, No. 14-0722, N.D. Calif.).
NEW YORK - A Second Circuit U.S. Court of Appeals panel on July 7 partially overturned a federal judge's class certification order, ruling that the judge failed to properly consider the U.S. Supreme Court's ruling in Morrison v. National Australia Bank, Ltd. in certifying two classes of investors in a securities class action lawsuit (In re Petrobras Securities Litigation, No. 16-1914, 2nd Cir., 2017 U.S. App. LEXIS 12219).
LOS ANGELES - A shareholder on July 10 filed a securities class action complaint against a camera company, certain of its executive officers and underwriters of its initial public offering (IPO) in California federal court, alleging that the defendants concealed a slowdown in a key user engagement metric for its principal product, Snapchat, in violation of federal securities laws (Shinu Gupta v. Snap Inc., et al., No. 17-5054, C.D. Calif.).
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on July 10 announced that it will soon hold a hearing on jurisdiction and the merits in an arbitration in which an investor asserts violations of the North American Free Trade Agreement (NAFTA) against Canada (Mobil Investments Canada Inc. v. Canada, No. ARB/15/6, ICSID).
WEST PALM BEACH, Fla. - Finding that a health insurer's fraud claims related to kidney dialysis were pleaded only for its Patient Protection and Affordable Care Act (ACA) plans, a Florida federal magistrate judge on July 10 denied in part a motion to compel non-ACA plan information from the dialysis provider defendants (UnitedHealthcare of Florida Inc., et al. v. American Renal Associates Holdings Inc., et al., No. 9:16-cv-81180, S.D. Fla.).
JACKSON, Miss. - A Mississippi federal judge on July 7 granted defendants' joint motion to exclude the testimony of the plaintiffs' proffered expert in a lawsuit alleging that the plaintiffs suffered damages to their houses and quality of life due to the construction and operation of a "frac sand plant" and an associated multitrack railroad spur (Jeffrey Cad Palmer, et al. v. Sun Coast Contracting Services Inc., et al., No. 15-34, S.D. Miss., 2017 U.S. Dist. LEXIS 105560).
NEW YORK - A Second Circuit U.S. Court of Appeals panel on July 6 affirmed a New York federal judge's ruling in favor of a class of about 16,000 former and current employees of Foot Locker Inc. seeking additional pension benefits, holding that classwide relief in the form of reformation does not require a showing of individualized detrimental reliance (Geoffrey Osberg, et al. v. Foot Locker Inc., et al., No. 15-3602, 2nd Cir., 2017 U.S. App. LEXIS 12041).
OWENSBORO, Ky. - A Kentucky federal judge on July 7 denied the government's motion to compel production of all communications in revised privilege logs submitted by an insurer and its insureds concerning taxable years for insurance and reinsurance transactions (United States of America v. Owensboro Dermatology Associates P.S.C., No. 16-00003, United States of America v. Dermatology Property Management LLC, No. 16-00004, United States of America v. Beveled Edge Insurance Co., No. 16-00005, W.D. Ky., 2017 U.S. Dist. LEXIS 105099).
PORTLAND, Ore. - The Ninth Circuit U.S. Court of Appeals on July 10 vacated a district court's decision enjoining two surety companies from participating in an international arbitration case, vacating a trial court's ruling enjoining them from pursuing their claims related to a guarantee (Portland General Electric Co. v. Liberty Mutual Insurance Co., et al., No. 16-35628, 9th Cir., 2017 U.S. App. LEXIS 12267).
WASHINGTON, D.C. - The Consumer Financial Protection Bureau (CFPB) issued a new rule on July 10 banning providers of certain consumer financial products and services from using mandatory arbitration clauses in their agreements with consumers to prevent consumers from filing or participating in a class action concerning the covered product or service.
WASHINGTON, D.C. - The District of Columbia Circuit U.S. Court of Appeals on July 7 affirmed a district court's decision refusing to confirm an approximately $43.5 million award that was annulled by an international arbitration court, finding that the arbitration court's setting of fees did not violate public policy under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (Getma International v. Republic of Guinea, No. 16-7087, D.C. Cir., 2017 U.S. App. LEXIS 12138).
SAN FRANCISCO - A California federal judge on July 8 granted preliminary approval of a $142 million settlement to be paid by Wells Fargo & Co. and Wells Fargo Bank N.A. to end claims by a class of individuals who allege that the banking company opened accounts, enrolled them in products and services and submitted applications for products and services without consent (Shahriar Jabbari, et al. v. Wells Fargo & Company, et al., No. 15-2159, N.D. Calif.; 2017 U.S. Dist. LEXIS 106294).
BATON ROUGE, La. - A transfer of venue to Illinois federal court is necessary because all public and private interest weigh heavily in favor of such action, a federal judge in Louisiana ruled July 5 in granting an expedited motion for transfer of venue in a securities class action lawsuit (Robert Berg v. Akorn Inc., et al., No. 17-0359, M.D. La., 2017 U.S. Dist. LEXIS 103917).
NEW YORK - A New York federal judge on July 5 stayed an insurer's proceeding seeking to enforce confirmation of an arbitration award that requires a reinsurer to cover a $5 million settlement with a steel maker, finding that the reinsurer has filed a lawsuit against the insurer in a Brazilian court (National Indemnity Co. v. IRB Brasil Resseguros S.A., No. 15-3975, S.D. N.Y.).
LOS ANGELES - A California federal judge on July 5 refused to remand class action claims for violation of California's Labor Code and unfair competition law (UCL) asserted by an employee against a health care center and payroll company, finding that the employer and payroll company showed that the amount in controversy will exceed $5 million (Maricela Reyes v. Carehouse Healthcare Center LLC, et al., No. 16-01159, C.D. Calif., 2017 U.S. Dist. LEXIS 103764).
PHILADELPHIA - In a July 5 amicus curiae brief in the Third Circuit U.S. Court of Appeals, a group of 11 state attorneys general (AGs) support reversal of a trial court's approval of a $5.5 million cy pres settlement of a privacy class action over cookie placement on users' computers by Google Inc., echoing a lone objector's position that controlling case law favors settlements benefiting class members over cy pres recipients (In Re: Google Inc. Cookie Placement Consumer Privacy Litigation, No. 17-1480, 3rd Cir.).
SAN FRANCISCO - After five years of litigation, a California federal judge on July 6 granted preliminary approval to a $5.3 million settlement between a class of Apple Inc. device users and the developers of apps that allegedly accessed users' private address books without permission (Marc Opperman, et al. v. Kong Technologies Inc., et al., No. 3:13-CV-00453, N.D. Calif., 2017 U.S. Dist. LEXIS 104507).
ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on July 5 affirmed summary judgment in a DePuy hip case, agreeing that the plaintiff's sole expert witness contradicted himself about the role of physical stress in causing the failure of a hip stem (Judith A. Redd v. DePuy Orthopaedics, Inc., No. 16-3428, 8th Cir., 2017 U.S. App. LEXIS 11930).
DETROIT - The maker of a hernia mesh product was awarded summary judgment on July 5 by a Michigan federal judge on a couple's product liability claims after the judge found the opinions of the couple's medical expert inadmissible (Robert and Karol Avendt v. Covidien, Inc., No. 11-15538, E.D. Mich., 2017 U.S. Dist. LEXIS 103287).
MIAMI - A maritime law enforcement expert cannot opine that a cruise line is to blame for the 2015 death of a passenger who got drunk and fell from the balcony in his room to the deck below, a Florida federal magistrate judge ruled July 6 in mostly granting the cruise line's request to strike the expert's testimony (Nicole Webb v. Carnival Corporation, No. 15-24230, S.D. Fla., 2017 U.S. Dist. LEXIS 103856).
CHICAGO - Home Depot Inc. moved in Illinois federal court on June 30 asking that the same judge presiding over a class
action suit claiming that Menard Inc. sells dimensional lumber that is not the size that is labeled also oversee a
similar class action suit against Home Depot, contending that the suits involve nearly identical allegations and
common questions of law (Michael Fuchs, et al. v. Menard Inc., No. 17-cv-01752, N.D. Ill.).
RIVERSIDE, Calif.- After finding that the amount in controversy in a proposed class action filed by an employee, who alleges that
her employer failed to record and pay her hours worked, did not meet jurisdictional requirements, a California
federal judge on June 30 remanded the case to a state court for lack of jurisdiction (Kymberlee Arnold v. OSF
International Inc., d/b/a the Old Spaghetti Factory, et al., No. 17-897, C.D. Calif., 2017 U.S. Dist. LEXIS 103006).
LONDON - A mining company on July 4 announced that it has served the government of Tanzania with notices of arbitration related to two mining operations.
THE HAGUE, Netherlands - The Permanent Court of Arbitration (PCA) on June 29 issued its final award in an arbitration between the Republic of Croatia and the Republic of Slovenia, establishing certain land and maritime boundaries between the two (Republic of Croatia v. the Republic of Slovenia, No. 2012-04, PCA).
CLEVELAND - Most of an architectural expert's testimony in a home design copyright infringement case is reliable and will be helpful in deciding the key issues in dispute; however, he is not allowed to give legal opinions or "dictate the conclusion" of the case, an Ohio federal magistrate judge held July 3 (Design Basics LLC v. Petros Homes Inc., et al., No. 14-1966, N.D. Ohio, 2017 U.S. Dist. LEXIS 102931).