PARIS - The International Court of Arbitration of the International Chamber of Commerce (ICC) on Feb. 9 announced that it has appointed a new regional director for South Asia.
CENTRAL ISLIP, N.Y. - The lead defendant in a securities fraud class action failed to fulfill its duty to preserve relevant emails despite being on notice of litigation, the lead pension fund plaintiff asserts in a Feb. 5 motion for sanctions in New York federal court, seeking implementation of an adverse inference in its favor (In re Symbol Technologies Inc. Securities Litigation, No. 2:05-CV-03923, E.D. N.Y.).
WASHINGTON, D.C. - In a majority ruling, a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Feb. 9 denied a request by the Bolivarian Republic of Venezuela for reconsideration of a decision in which it found that Venezuela breached its obligation to negotiate compensation in relation to assets seized from investors (ConocoPhillips Petrozuata B.V., et al. v. Bolivarian Republic of Venezuela, No. ARB/07/30, ICSID).
HUNTINGTON, W.Va. - A West Virginia federal judge on Feb. 8 excluded evidence regarding telephone poles and a 1988 pipeline relocation, as well as certain communications by employees of Tri-State Airport Authority (TSAA), in a lawsuit against TSAA and the U.S. government over damages suffered from a landslide (Columbia Gas Transmission LLC v. United States of America and Tri-State Airport Authority, No. 14-11854, S.D. W.Va.; 2016 U.S. Dist. LEXIS 14903).
PITTSBURGH - Even though an antitrust defendant inadvertently disclosed hundreds of documents to the U.S. Department of Justice in prior proceedings, a Pennsylvania federal judge on Feb. 8 found that the defendant's actions to claw back those documents permitted it to maintain its asserted attorney-client privilege, denying a motion to compel the documents (Cole's Wexford Hotel Inc., et al. v. UPMC, et al. No. 2:10-cv-01609, W.D. Pa.; 2016 U.S. Dist. LEXIS 15035).
WASHINGTON, D.C. - The U.S. Judicial Panel on Multidistrict Litigation on Feb. 4 consolidated three dockets comprising more than 80 lawsuits against the nation's two largest online daily fantasy sports (DFS) contest operators in the U.S. District Court for the District of Massachusetts, with the panel finding centralization appropriate for discovery purposes despite some variance in the claims over insider trading, illegal gambling and bonus fraud (In Re: Daily Fantasy Sports Litigation, No.2677; In Re: DraftKings Inc., Fantasy Sports Litigation, No. 2678 and In Re: FanDuel Inc., Fantasy Sports Litigation, No. 2679, JPMDL; 2016 U.S. Dist. LEXIS 13292).
McALLEN, Texas - A federal judge in Texas on Feb. 4 granted an insurer's motion for summary judgment in an insurance breach of contract and bad faith lawsuit, ruling that the insureds failed to show that the insurer breached its contract when it timely paid on the insureds' claim for storm damage coverage (Mark Dizdar, et al. v. State Farm Lloyds, et al., No. 14-402, S.D. Texas; 2016 U.S. Dist. LEXIS 13355).
WASHINGTON, D.C. - An ad hoc committee for the International Centre for Settlement of Disputes (ICISD) on Feb. 5 rejected an application filed by the Argentine Republic to annul a $136,138,430 award issued in favor of investors in an electricity distribution enterprise, finding that the tribunal did not exceed its powers and that it did not fail to state its reasons for the decision (EDF International S.A., et al. v. Argentine Republic, ICSID, No. ARB/03/23).
MARSHALL, Texas - An expert may not testify that a patent owner "deliberately misled the patent office," a Texas federal magistrate judge held Feb. 7, granting in part a motion to exclude the testimony in a patent infringement lawsuit (Emmanuel C. Gonzalez v. Infostream Group, Inc., et al., No. 14-906, E.D. Texas; 2016 U.S. Dist. LEXIS 14604).
BECKLEY, W.Va. - Experts may testify to damages resulting from an alleged breach of a coal purchase and refuse recovery agreement (CPRRA), a West Virginia federal judge ruled Feb. 4, declining to exclude the experts (Covol Fuels No. 4, LLC v. Pinnacle Mining Company, LLC, No. 12-04138, S.D. W.Va.; 2016 U.S. Dist. LEXIS 14151).
CHICAGO - A month after certifying a class action against Yahoo! Inc. for allegedly violating the Telephone Consumer Protection Act (TCPA) via unsolicited text messages, an Illinois federal judge on Feb. 4 granted a motion to compel cellular service provider Sprint to provide subscriber information for purposes of class notification (Rachel Johnson v. Yahoo! Inc., No. 1:14-cv-02028, and Zenaida Calderin v. Yahoo! Inc., No. 1:14-cv-02753, N.D. Ill.).
TULSA, Okla. - A federal magistrate judge in Oklahoma on Feb. 4 quashed a subpoena served on an officer of a Native American tribe by a bank seeking evidence in an underlying payday lending dispute after finding that, even though the tribal officer had sworn to declarations in the dispute, the tribe had not waived its sovereign immunity with respect to the loan agreements at issue (James Dillon v. BMO Harris Bank, N.A., et al., No. 16-mc-5, N.D. Okla.; 2016 U.S. Dist. LEXIS 13433).
MARSHALL, Texas - A telecommunications plaintiff's expert in a patent infringement lawsuit does not rely on a previously rejected doctrine of equivalents theory, a Texas federal magistrate judge held Feb. 5, refusing to strike paragraphs from the expert's report (Mobile Telecommunications Technologies, LLC v. LG Electronics MobileComm U.S.A., Inc., No. 13-947, E.D. Texas; 2016 U.S. Dist. LEXIS 13881).
SEATTLE - Amazon.com Inc. filed a motion Feb. 2 for partial summary judgment of a request for injunctive relief by the Federal Trade Commission in a lawsuit over the online retailer's billing practices for purchases associated with certain apps and games (in-app purchases), with Amazon arguing that no such relief is needed for practices that it ceased prior to the lawsuit's filing (Federal Trade Commission v. Amazon.com Inc., No. 2:14-cv-01038, W.D. Wash.).
NEW YORK - A federal judge in New York on Feb. 2 granted preliminary approval of a $3 million settlement between shareholders and a pharmaceutical company and certain of its current and former officers and directors who are alleged to have misrepresented several stock transactions and "improper practices" in violation of federal securities law (In re Retrophin Inc. Securities Litigation, No. 14-8376, S.D. N.Y.).
COLUMBUS, Ga. - A federal judge in Georgia on Feb. 2 denied motions by Volkswagen Group of America Inc. and Honeywell International for judgment as a matter of law (JMOL) or a new trial in a case in which a couple was awarded $4.8 million for injuries the woman sustained when her Volkswagen Passat crashed and turned over after suddenly accelerating (Cheryl Bullock and Kevin Bullock v. Volkswagen Group of America, Inc., et al., No 4:13-CV-37 [CDL], M.D. Ga., Columbus Div.).
DENVER - An orthopedic surgeon may give an analysis on the risks and benefits of a device in a design defects lawsuit, a Colorado federal judge ruled Feb. 4, finding that the expert may testify about whether the device was a "last resort" (Alfonso A. Alarid v. Biomet, Inc., et al., No. 14-02667, D. Colo.).
LOS ANGELES - A California federal judge on Feb. 2 denied an amended motion for class certification filed in in a lawsuit brought by consumers who allege that deceptive advertising by a maker of electronic cigarettes led them to believe that they were safer than smoking traditional cigarettes (In Re: NJOY Inc. Consumer Class Action Litigation, No. 14-00428, C.D. Calif.).
RENO, Nev. - In a pair of opposition briefs filed Feb. 3 in Nevada federal court, the plaintiffs in a putative class action pertaining to a breach of Zappos.com Inc.'s servers defend the sufficiency of their negligence and deceptive trade practices claims that the online retailer seeks to dismiss (In Re Zappos.com Inc., Customer Data Security Breach Litigation, No. 3:12-cv-00325, D. Nev.).
DETROIT - A Michigan appeals panel on Feb. 2 ruled that a trial court abused its discretion by refusing to appoint a computer forensic expert in a child pornography case when the defendant presented information demonstrating that there is a connection between the facts of the case and the need for a defense expert (People of the State of Michigan v. Thomas Joseph Agar, No. 321243, Mich. App.; 2016 Mich. App. LEXIS 190).
MINNEAPOLIS - An association and a general contractor did not waive work product protection by providing documents to their testifying expert in an insurance coverage dispute involving allegations of defective construction and management of a housing development project, a Minnesota federal judge ruled Feb. 1 (James River Insurance Co. v. The Interlachen Propertyowners Association and Kuepers Construction, Inc., No. 14-3434, D. Minn.; 2016 U.S. Dist. LEXIS 12318).
RICHMOND, Va. - Unlawful debt collection class allegations against a company associated with tribal payday lender Western Sky Financial are not subject to arbitration because the arbitration agreement at issue impermissibly attempts to sidestep state and federal law in favor of tribal jurisdiction and, therefore, is invalid and unenforceable, the Fourth Circuit U.S. Court of Appeals held Feb. 2 in reversing a federal judge's ruling (James Hayes, et al. v. Delbert Services Corporation, Nos. 15-1170 and 15-1217, 4th Cir.; 2016 U.S. App. LEXIS 1747).
WASHINGTON, D.C. - A task force representing thousands of Italian bondholders and an Argentine ministry on Feb. 2 announced that they have reached a preliminary settlement for the payment of defaulted bonds, possibly ending an arbitration that was registered by the International Centre for Settlement of Investment Disputes in 2007 (Abaclat and others v. The Argentine Republic, No. ARB/07/05, ICSID).
DETROIT - A putative class on Jan. 31 filed a lawsuit in Michigan federal court against state officials who the class contends are liable for damages for acts that "unilaterally" resulted in contaminating the drinking water in Flint, Mich., with lead (Beatrice Boler, et al. v. Darnell Earley, et al., No. 16-10323, E.D. Mich.).
GREENWICH, Conn. - A group of investors on Feb. 1 served the Republic of Peru with a notice of intent to commence arbitration under a promotion trade treaty, seeking payment in relation to their investment in Peruvian agrarian reform bonds.