SAN FRANCISCO - In an April 3 appellee brief in the Ninth Circuit U.S. Court of Appeals, online retailer Zappos.com Inc. argues that a trial court correctly dismissed some of the putative claims related to a 2012 data breach for lack of standing because the plaintiffs failed to establish any imminent, concrete harm attributable to the theft of their personally identifiable information (PII) (Theresa Stevens, et al. v Zappos.com Inc., No. 16-16860, 9th Cir.).
WASHINGTON, D.C. - A mining company on April 4 announced that it is seeking to annul an award issued by the International Tribunal for Settlement of Investment Disputes (ICSID) that granted an application filed by the Republic of Indonesia to dismiss an arbitration that was commenced over the revocation of mining licenses (Churchill Mining PLC v. Republic of Indonesia, No. ARB/12/14 and ARB/12/40, ICSID).
TULSA, Okla. - An Oklahoma federal judge on March 31 refused to exclude medical and liability expert testimony in a personal injury lawsuit against BNSF Railway Co. because the experts are qualified and they used reliable methodology (Tyler D. Malinski and Paula Smith v. BNSF Railway Co., No. 15-502, N.D. Okla., 2017 U.S. Dist. LEXIS 48962).
TRENTON, N.J. - Finding an expert's testimony on the placement of a warning label on a watercraft unreliable, a New Jersey federal judge on March 31 ruled that summary judgment is still not appropriate on a failure-to-warn claim because there is a genuine dispute of material fact as to whether the two existing warnings on the watercraft were adequate (Angela Ruggiero v. Yamaha Motor Corporation U.S.A., No. 15-49, D. N.J., 2017 U.S. Dist. LEXIS 48908).
WASHINGTON, D.C. - A split District of Columbia Circuit U.S. Court of Appeals panel on March 31 ruled that the Federal Communications Commission's 2006 Solicited Fax Rule is unlawful to the extent that it requires opt-out notices on solicited faxes, vacating an FCC order filed in response to a request for a declaratory ruling filed by a generic drug company that was the defendant in a $150 million class complaint (Bais Yaakov of Spring Valley, et al. v. Federal Communications Commission, et al., No. 14-1234 (consolidated with Nos. 14-1235, 14-1239, 14-1243, 14-1270, 14-1279, 14-1292, 14-1293, 14-1294, 14-1295, 14-1297, 14-1299 and 14-1302), D.C. Cir., 2017 U.S. App. LEXIS 5589).
LOS ANGELES - On the heels of a March 9 recommendation by a California federal magistrate judge that a copyright infringement plaintiff should be sanctioned for failure to comply with a discovery order, a California federal judge on March 31 granted a defendant partial summary judgment with regard to 11 of 12 allegedly infringing fabric designs (Urban Textile v. Rue 21 Inc. and Mark Edwards Apparel Inc., No. 14-8285, C.D. Calif., 2017 U.S. Dist. LEXIS 49573).
NASHVILLE, Tenn. - Restaurant chain Ruby Tuesday Inc. will pay $5 million to settle claims that it and certain of its executive officers and directors mispresented the company's brand repositioning and concealed the poor performance of one of its chains of restaurants in violation of federal securities laws, according to a motion for stipulation of settlement filed March 29 in Tennessee federal court (Dennis Krystek v. Ruby Tuesday Inc., et al., No. 14-1119, M.D. Tenn.).
BOSTON - A Kentucky-based steakhouse chain will pay $12 million to settle an age discrimination lawsuit brought by the Equal Employment Opportunity Commission on behalf of class of applicants who allegedly have been denied positions due to their ages, the EEOC announced March 31 (Equal Employment Opportunity Commission v. Texas Roadhouse, Inc., et al., No. 11-11732, D. Mass.).
MINNEAPOLIS - A federal judge in Minnesota on March 29 dismissed a majority of claims asserted by a putative class of consumers of two-pane inert glass unit (IGU) windows against the manufacturer, finding that the plaintiffs only sufficiently stated claims for breach of implied warranty of merchantability and breach of implied warranty based on course of dealing/usage of trade (Cheryl Luckey, et al. v. Alside, Inc., et al., No. 15-2512, D. Minn., 2017 U.S. Dist. LEXIS 47750).
CHICAGO - The federal judge in Illinois presiding over litigation over allegedly defective connector nuts in plumbing hoses manufactured by Fluidmaster Inc. on March 31 denied certification of a nationwide class and a number of subclasses, finding that they failed to satisfy the requirements of Federal Rule of Civil Procedure 23, and limited the testimony proffered by experts on both sides (In re: Fluidmaster, Inc., Water Connector Components Products Liability Litigation, MDL 2575, No. 14-cv-5696, N.D. Ill., 2017 U.S. Dist. LEXIS 48792).
WASHINGTON, D.C. - After finding that a London arbitral award did not violate U.S. public policy, the D.C. Circuit U.S. Court of Appeals on March 31 rejected an appeal by the government of Belize and affirmed confirmation of the $18,470,881 award issued in favor of a Belize bank (Belize Bank Limited v. Government of Belize, Nos. 16-7083 Consolidated with 16-7089, 16-7094, D.C. Cir., 2017 U.S. App. LEXIS 5587).
SAN DIEGO - A California federal judge on March 29 allowed rebuttal expert testimony in a trademark lawsuit over the quality of a weight loss supplement because the expert is qualified and her testimony is relevant and based on reliable methods (Obesity Research Institute LLC v. Fiber Research International LLC, et al., No. 15-595, S.D. Calif., 2017 U.S. Dist. LEXIS 46999).
NEW YORK - The lead plaintiff in a securities class action lawsuit against a steel processing company and certain of its current and former executive officers and directors have failed to show that the defendants issued any material misrepresentations regarding the company's financial condition in violation of federal securities laws, a federal judge in New York ruled March 29 in dismissing the lead plaintiff's third amended complaint with prejudice (Aram J. Pehlivanian v. China Gerui Advanced Materials Group Ltd., et al., No. 14-9443, S.D. N.Y., 2017 U.S. Dist. LEXIS 46852).
WEST PALM BEACH, Fla. - Because certain circumstances regarding a disability claimant's move to Florida may be relevant to a claim for total disability benefits, a Florida federal judge on March 29 determined that a disability insurer is entitled to information regarding the claimant's real estate transactions (Mark Goodman v. Security Mutual Life Insurance Company of New York, No. 16-81742, S.D. Fla.; 2017 U.S. Dist. LEXIS 45966).
MIAMI - A Florida federal judge on March 28 found that a dispute over a charter party agreement should be compelled to arbitration but denied the motion until the parties could agree as to where the arbitration should be conducted (Internaves De Mexico, s.a. de C.V. v. Andromeda Steamship Corporation, et al., No. 16-81719, S.D. Fla., 2017 U.S. Dist. LEXIS 46507).
CHICAGO - Consumers who became ill after consuming raw pistachios they purchased at Sam's Clubs in Illinois filed a class complaint on March 29 in Illinois state court accusing Sam's West Inc., doing business as Sam's Club, the farms that grew the pistachios and the company that processed the pistachios of causing them pain and suffering (Alejandro Reyes, et al. v. Wonderful Pistachios & Almonds LLC, et al., No. 2017CH04552, Ill. Cir., Cook Co.).
ROME, Ga. - The lead plaintiffs in a putative class action over records stolen from their former university on March 29 asked a Georgia federal court to preliminarily approve their settlement of their negligence claims with the university in exchange for payments of costs, fees, incentive awards and reimbursements, potentially exceeding $200,000 (Erin Bishop, et al. v. Shorter University Inc., No. 4:15-cv-00033, N.D. Ga.).
SAN FRANCISCO - In a March 29 reply brief in California federal court, Apple Inc. defended its motion to compel discovery of documents from a lawsuit in the United Kingdom, contending that "they may bear on whether [Unwired Planet LLC's] damages demand" in the present patent case "constitutes a 'reasonable' royalty" (Unwired Planet LLC v. Apple Inc., No. 3:13-cv-04134, N.D. Calif.).
MINNEAPOLIS - A causation and liability expert "provides a meaningful summary of his accounting malpractice opinion," a Minnesota federal judge held March 28, also granting in part summary judgment to accounting firms to preclude recovery as to damages related to certain penalties, payment for delinquent taxes and attorney fees (Boris A. Miksic v. Boeckermann Graftsrom Mayer LLC, et al., No. 15-539, D. Minn., 2017 U.S. Dist. LEXIS 46906).
ATLANTA - There is no federal jurisdiction over a class complaint accusing two insurance companies of breach of contract, the 11th Circuit U.S. Court of Appeals ruled March 29, finding that dual citizenship can't be used to establish diversity under the Class Action Fairness Act (CAFA) where all parties are citizens of the same state (Life of the South Insurance Company, et al. v. Marquetta Carzell, et al., No. 16-90006, 11th Cir., 2017 U.S. App. LEXIS 5494).
SAN DIEGO - A California federal judge on March 31 granted final approval of a $25 million to be paid by Trump University LLC, the now-defunct school that was owned by President Donald J. Trump, to end claims that the school was a sham and defrauded its students out of millions of dollars (Sonny Low, et al. v. Trump University, LLC, et al., No. 10-940, Art Cohen, et al. v. Donald J. Trump, No. 13-2519, S.D. Calif.).
NEW YORK - A federal judge in New York on March 25 partially granted a motion to dismiss filed by defendants in a securities class action lawsuit, ruling that lead plaintiffs failed to show that one of the defendants acted with the requisite scienter in making their federal securities law claims (In re Eletrobras Securities Litigation, No. 15-5754, S.D. N.Y., 2017 U.S. Dist. LEXIS 44350).
SYRACUSE, N.Y. - A federal judge in New York on March 29 ordered that a reinsured's motion for summary judgment be withdrawn because a motion to seal certain supporting documents is currently under consideration (Munich Reinsurance America, Inc. v. Utica Mutual Insurance Company, No. 13-cv-00743, N.D. N.Y.).
TRENTON, N.J. - A federal judge in New Jersey on March 28 denied a motion to certify a class for consumers of cedar shingles that allegedly cup and curl due to water retention and struck testimony from experts for the plaintiffs and manufacturer Maibec Inc. (Ilene Stern, et al. v. Maibec, Inc., No. 11-3951, D. N.J.).
WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on March 27 released its order discontinuing an arbitration commenced by two Canadian entities that sought damages from the United States in relation to their investment in a crude oil pipeline (TransCanada Corporation & TransCanada PipeLines Limited v. The Government of The United States, No. ARB/16/21, ICSID).