TORONTO - A Canadian energy company on Nov. 11 announced that it has filed a new arbitration with the Permanent Court of Arbitration (PCA) against the Kyrgyz Republic and said it is finalizing the materials to enforce a $118 million arbitration award issued in its favor and against Kyrgyz by a Russian tribunal.
MARSHALL, Texas - A Texas federal judge on Nov. 7 struck an expert's report as it pertains to Apple Inc.'s iTunes source code in a patent infringement lawsuit (ContentGuard Holdings, Inc. v. Amazon.com, Inc., et al., No. 13-1112, E.D. Texas; 2015 U.S. Dist. LEXIS 151259).
PHILADELPHIA - A Pennsylvania federal judge on Nov. 5 denied preliminary approval of a third amended class action settlement in a multidistrict litigation accusing Comcast Corp. of unlawfully tying the sale of premium cable to the rental of a set-top box from the company, finding that the settlement class was not ascertainable (In Re: Comcast Corp. Set-Top Cable Television Box Antitrust Litigation, No. 09-2034, E.D. Pa.; 2015 U.S. Dist. LEXIS 150160).
ATLANTA - A trial court did not err in allowing an expert to testify on pain management in a criminal case against a doctor for unlawful dispensing of controlled substances, the 11th Circuit U.S. Court of Appeals held Nov. 10, affirming the convictions on conspiracy unlawful dispensation of controlled substances and sentencing against the doctor (United States of America v. Najam Azmat a/k/a Dr. Hazmat, No. 14-13703, 11th Cir.; 2015 U.S. App. LEXIS 19574).
SEATTLE - Recent case law clarifies that expiration of a man's personal injury claim also bars his widow's wrongful death action, a Washington appeals court held Nov. 9 (Geraldine Barabin, et al. v. AstenJohnson Inc., et al., Nos. 72626-9-1, 72720-6-1, 72721-4-1, 72722-2-1, 727224-9-1, 72725-7-1, Wash. App., Div. 1; 2015 Wash. App. LEXIS 2726).
WASHINGTON, D.C. - A class action is appropriate only when classwide injury may be determined in a single stroke, the attorney representing Tyson Foods Inc. in a donning and doffing dispute argued Nov. 10 before the U.S. Supreme Court (Tyson Foods, Inc. v. Peg Bouaphakeo, et al., No. 14-1146, U.S. Sup.).
OKLAHOMA CITY - A federal judge in Oklahoma on Nov. 5 allowed a geoscientist with 29 years of experience to testify in a suit over whether an environmental consulting company was negligent when finding that the former site of a dry cleaning business did not need to be remediated, holding that the expert was qualified and that he set forth a sufficient factual basis for his opinions (6001 May LLC, et al. v. Stamatis Enterprises Inc., et al., No. CIV-14-482-M, W.D. Okla.; 2015 U.S. Dist. LEXIS 150263).
THE HAGUE, Netherlands - The Permanent Court of Arbitration (PCA) on Nov. 6 said a tribunal has been constituted in an arbitration commenced by Italy against India under the United Nations Convention on the law of the Sea (UNCLOS) in relation to the death of two Indian fisherman (The Enrica Lexie Incident [Italy v. India], No. 2015-28, PCA).
OXFORD, Miss. - In a negligence case arising out of injuries sustained from a prematurely closing automatic door, a Mississippi federal judge on Nov. 6 excluded expert opinions that amount "to nothing more than mere legal conclusions" (Mariam Bailey v. Stanley Access Technologies, Inc. and Desoto Inns, Inc., No. 14-72, N.D. Miss.; 2015 U.S. Dist. LEXIS 151101).
SAN FRANCISCO - A group of public interest and privacy rights organizations filed an amicus curiae brief in the Ninth Circuit U.S. Court of Appeals on Nov. 5 supporting four defendants that were convicted for supporting terrorists based on telephony metadata that the amici contend was unlawfully collected by the government per the USA Patriot Act in violation of the defendants' rights under the First and Fourth Amendments to the U.S. Constitution (United States of America v. Basaaly Saeed Moalin, et al., No. 13-50572, 13-50578, 13-50580 and 14-50051, 9th Cir.).
DENVER - A federal judge in Colorado on Nov. 3 granted preliminary approval of a $3.2 million settlement in a securities class action lawsuit, ruling that the settlement meets all statutory requirements for approval (Patipan Nakkhumpun v, Daniel J. Taylor, No. 12-1038, D. Colo.; 2015 U.S. Dist. LEXIS 149850).
RALEIGH, N.C. - Material data sheets from two companies whose automotive parts allegedly exposed a man to asbestos are not a sufficient basis for an expert's causation testimony, a federal judge in North Carolina held Nov. 5 in affirming exclusion of the evidence (Graham Yates and Becky Yates v. Ford Motor Co. and Honeywell International Inc., No. 12-752, E.D. N.C.; 2015 U.S. Dist. LEXIS 150429).
NEW ORLEANS - In a one-sentence order, a Fifth Circuit U.S. Court of Appeals panel on Nov. 4 granted Halliburton Co.'s motion for leave to appeal a district court ruling certifying a class of shareholders in a securities suit alleging that the company and certain of its officers and directors misrepresented the company's business and financial condition in violation of federal securities law (Erica P. John Fund Inc. v. Halliburton Co., No. 15-90038, 5th Cir.).
SYRACUSE, N.Y. - A reinsurer told a federal court in New York on Nov. 4 that there are documents it recently learned about that it wishes to compel production of that were allegedly wrongfully withheld by its reinsured (Munich Reinsurance America Inc. v. Utica Mutual Insurance Company, No. 13-cv-00743, N.D. N.Y.).
CHARLOTTE, N.C. - The asbestos claimants' committee in the Chapter 11 case of Garlock Sealing Technologies LLC should be ordered to produce "nonpublic" communications its members have made with claimants about Garlock's proposed plan of reorganization so the debtor can determine whether the committee has been attempting to improperly discredit the plan, Garlock says in a Nov. 5 motion filed in North Carolina federal bankruptcy court (In re: Garlock Sealing Technologies, LLC, et al., No. 10-31607, W.D. N.C. Bkcy.).
SACRAMENTO, Calif. - A California woman filed a class complaint in California federal court on Nov. 4, accusing Tyson Foods Inc. of falsely advertising its "Nudges" brand of grain-free dog treat products as made in America (Susan Fitzpatrick, et al. v. Tyson Foods, Inc., No. 15-1140, E.D. Calif.).
ST. LOUIS - A plaintiff in a copyright infringement lawsuit may testify on the method and means by which an advertising agency removed and changed the metadata from his photographs, a Missouri federal judge ruled Nov. 5 (Stephen Kennedy v. Gish, Sherwood & Friends, Inc., No. 13-2236, E.D. Mo.; 2015 U.S. Dist. LEXIS 150239).
DENVER - An expert's opinions are reliable and relevant to the issue of damages in a breach of payment bond dispute, and any confusion regarding his identification of two defendants can be rectified by jury instructions, a Colorado federal judge ruled Nov. 5, denying a motion to exclude the expert's testimony (Parker Excavating, Inc. v. Lafarge West, Inc., et al., No. 14-01534, D. Colo.; 2015 U.S. Dist. LEXIS 150297).
HOUSTON - A Texas federal judge on Nov. 4 granted a summary judgment motion filed by Wells Fargo Bank N.A. and Wachovia Mortgage Corp. (collectively, Wells Fargo) in a wage-and-hour multidistrict litigation, finding that the claims remaining after many of the plaintiffs settled are barred under the doctrine of res judicata (In re: Wells Fargo Wage and Hour Employment Practices Litigation [No. III], No. 11-2266, S.D. Texas; 2015 U.S. Dist. LEXIS 149715).
WASHINGTON, D.C. - In its Nov. 9 order list, the U.S. Supreme Court denied without comment a petition for certiorari by a man who claimed that his rights under the Fourth Amendment to the U.S. Constitution were violated when a trial court ordered production of cellular site information records, which were used to convict him, without a search warrant issued with a showing of probable cause (Quartavius Davis v. United States of America, No. 15-146, U.S. Sup.; 2015 U.S. LEXIS 7148).
SAN FRANCISCO - A California federal judge on Nov. 7 granted summary judgment to Apple Inc. in a class suit filed by retail workers seeking compensation for the time they spent waiting in line for and undergoing a security check of their bags before leaving after their shifts were over (Amanda Frlekin, et al. v. Apple Inc., Nos. 13-3451, 13-3775 and 13-4727, N.D. Calif.; 2015 U.S. Dist. LEXIS 92768).
ORLANDO, Fla. - An expert offered by the Federal Deposit Insurance Corp. can testify in its lawsuit on the allegations that a title company breached its duty by failing to comply with closing instructions in connection with two residential loan transactions, a Florida federal magistrate judge ruled Nov. 4 (Federal Deposit Insurance Corp. v. Attorneys Title Insurance Fund, Inc., No. 14-1105, M.D. Fla.; 2015 U.S. Dist. LEXIS 149751).
SANTA ANA, Calif. - The lead plaintiff in a putative class action alleging violations of California's Consumers Legal Remedies Act (CLRA) engaged in spoliation by disposing of his computer's hard drive containing pertinent emails, Barnes & Noble Inc. (BN) told a California federal court in a Nov. 5 sanctions motion (Kevin Khoa Nguyen v. Barnes & Noble Inc., No. 8:12-cv-00812, C.D. Calif.).
JACKSON, Miss. - A trial court's denial of funds to a man in order to hire an expert did not violate his due process, a Mississippi appeals panel ruled Nov. 3, upholding a jury's conviction of the man of deliberate design murder (Theotus Barnett v. State of Mississippi, No. 2013-KA-01946-COA, Miss. App.; 2015 Miss. App. LEXIS 557).
WASHINGTON, D.C. - A District of Columbia federal judge on Nov. 4 granted in part a motion for a protective order by the U.S. government related to an upcoming deposition of a Federal Bureau of Investigation agent in a Privacy Act case related to emails that were leaked to the media, while also directing the FBI to provide responses to previously unanswered deposition questions and written discovery requests (Gilberte Jill Kelley, et al. v. Federal Bureau of Investigation, et al., No. 1:13-cv-00825, D. D.C.).