ST. LOUIS - A panel of the Eighth Circuit U.S. Court of Appeals on June 12 affirmed the dismissal of a class action lawsuit over the leasing of oil and gas mining rights on the Fort Berthold Reservation, saying that the United States was a required party to the case, which could not be joined (Ramona Two Shields, et al. v. Spencer Wilkinson Jr., et al., No. 13-3773, 8th Cir.).
INDIANAPOLIS - Adopting a magistrate's report and recommendation, an Indiana federal judge on June 11 entered default against two defendants in a file-sharing case, finding that their spoliation of evidence prevented the copyright holder from pursuing its infringement claims against them (Malibu Media LLC v. Kelley Tashiro, et al., No. 1:13-cv-00205, S.D. Ind.; 2015 U.S. Dist. LEXIS 75588).
NEW YORK - A federal judge did not err in denying lead plaintiffs the chance to amend their complaint in a securities class action lawsuit because amendment was futile, a Second Circuit U.S. Court of Appeals panel ruled June 15 (NECA-IBEW Pension Trust Fund, et al. v. Kenneth D. Lewis, et al., No. 14-0402, 2nd Cir.).
TAMPA, Fla. - A Florida federal judge on June 15 declined to exclude testimony from two experts in a breach of contract case based on alleged unreliable methodology and lack of importance, saying there is less need for her to exercise her gatekeeping function as to expert testimony for a bench trial and that the objections to the testimony can be brought up again at trial (Apple Glen Investors, L.P., v. Express Scripts, Inc., No. 8:14-cv-1527; M.D. Fla.; 2015 U.S. Dist. LEXIS 77060).
NEW ORLEANS - A Louisiana federal judge on June 11 denied one defendant's motion to dismiss her as a defendant in a toxic tort suit filed against an oil recycling facility and granted the plaintiffs' motion to remand the case to state court (Stacy Davis, et al. v. Omega Refining, LLC, et al., No. 15-518, E.D. La.; 2015 U.S. Dist. LEXIS 75723).
NEW YORK - A New York federal judge on June 15 granted a petition to confirm a $3,604,198 arbitration award issued in favor of an Indian maker of seamless tubes, finding that the arbitrator did not exceed his authority in issuing the award (ISMT Limited v. Fremak Industries Inc., No. 15-3652, S.D. N.Y.).
BOSTON - A Massachusetts judge erred in denying without a hearing a bid by 62 drunken-driving defendants to exclude the admission of breath test evidence from a particular model of testing device because the test results constitute scientific evidence, so the reliability of the breathalyzer must be determined by the court, the Supreme Judicial Court of Massachusetts held June 12 (Commonwealth of Massachusetts v. Kirk P. Camblin, No. SJC-11774, Sup. Jud. Mass.; 2015 Mass. LEXIS 323).
SAN JOSE, Calif. - Finding that certain user contact information and ad-click data is necessary to decide certification of a privacy class action against Facebook Inc., a California federal judge on June 11 ordered the social network to submit a sampling of such information from 5,000 users, granting in part a named plaintiff's motion to compel (In Re: Facebook Privacy Litigation, No. 5:10-cv-02389, N.D. Calif.; 2015 U.S. Dist. LEXIS 75962).
SPRINGFIELD, Mo. - A Missouri federal judge on June 11 preliminarily approved a settlement that will provide actual damages to consumers whose vehicles were damaged after they purchased cross-contaminated gas from a Missouri convenience store (Colton Claxton, et al. v. Kum & Go, L.C. d/b/a Kum & Go, No. 14-3385, W.D. Mo.; 2015 U.S. Dist. LEXIS 75605).
SAN JOSE, Calif. - In a motion seeking preliminary approval of a settlement, the representatives of a putative class LinkedIn Corp. users told a California federal judge on June 11 that the professionally oriented social network operator had agreed to pay $13 million to settle their unfair competition and publicity rights claims against it (Paul Perkins, et al. v. LinkedIn Corp., No. 5:13-cv-04303, N.D. Calif.).
WASHINGTON, D.C. - The U.S. Supreme Court on June 15 granted certiorari in Dollar General Corp.'s petition seeking to overturn the holdings of lower courts that a tribal court has jurisdiction over a boy's claims that he was sexually molested by a store manager while he was interning at the store, which is on the reservation of the Mississippi Band of Choctaw Indians (Dollar General Corp., et al. v. The Mississippi Band of Choctaw Indians, et al., No. 13-1496, U.S. Sup.).
KANSAS CITY, Kan. - Following remand from the 10th Circuit U.S. Court of Appeals, a federal judge in Kansas on June 10 granted summary judgment to Embarq Corp. and dismissed the contractual vesting claims of 3,200 retirees, finding that the relevant summary plan descriptions (SPDs) did not establish lifetime medical or life insurance benefits for the 3,200 retiree class members (William Douglas Fulghum, et al. v. Embarq Corporation, et al., No. 07-2602, D. Kan.; 2015 U.S. Dist. LEXIS 76141).
FRESNO, Calif. - A federal judge in California on June 10 declined to dismiss a state unfair competition claim (UCL) and an unjust enrichment claim brought under Utah law from a class action lawsuit accusing a homebuilder of instituting an illegal loan program that induced the placement of borrowers into its loan program, which had less favorable terms than they would have otherwise received (Luis Cabrales v. Castle & Cook Mortgage, No. 14-1138, E.D. Calif.; 2015 U.S. Dist. LEXIS 76636).
DENVER - An expert cannot give her opinions on how a slip-and-fall accident at a supermarket could have been prevented because her methodology is unreliable and her testimony would not be helpful to a jury, a Colorado federal magistrate judge held June 11 (Rebecca Henkel v. Albertson's, LLC, No. 14-cv-02217, D. Colo.; 2015 U.S. Dist. LEXIS 75814).
SACRAMENTO, Calif. - A class complaint accusing a bookseller of various wage-and-hour violations still belongs in state court, a California federal judge ruled June 11, finding that the defendants' successive removal was unjustified (Cassandra Carag, et al. v. Barnes & Noble, Inc., et al., No. 15-115, E.D. Calif.; 2015 U.S. Dist. LEXIS 75991).
WASHINGTON, D.C. - A Canadian resource company on June 12 filed a petition to confirm a $104,289,162.95 international arbitration award in a District of Columbia federal court that was issued in its favor and against the government of Mongolia in an investment dispute over uranium licenses (Khan Resources Inc., et al. v. Government of Mongolia, et al., No. 1:15-cv-00911, D. D.C.).
SAN FRANCISCO - A California federal judge on June 10 denied preliminary approval of a $5 million settlement in a class complaint over background checks, finding several deficiencies in the proposed agreement (Jose Rubio-Delgado, et al. v. Aerotek, Inc., No. 13-3105, N.D. Calif.; 2015 U.S. Dist. LEXIS 75300).
WASHINGTON, D.C. - The Judicial Panel on Multidistrict Litigation on June 9 transferred two securities class action lawsuits to the U.S. District Court for the Southern District of New York and consolidated the actions with four similar actions already filed in the District Court, ruling that the actions meet statutory requirements for pretrial consolidation (In re Alibaba Group Holding Limited Securities Litigation, MDL No. 2631, JPMDL).
NEW YORK - A federal district court did not err in rejecting a shareholder's objection to a securities class action lawsuit settlement because the settlement notice was adequate and the attorney fee award was "acceptable," a Second Circuit U.S. Court of Appeals panel ruled June 10 (J. Robert Arbuthnot, et al. v. Donald R. Pierson II, et al., No. 14-2135, 2nd Cir.).
BOSTON - A group of London market reinsurance syndicates asked a federal court in Massachusetts on June 11 to confirm an arbitration award regarding certain environmental loss claims against a company insured by the syndicates' reinsured (Certain Underwriters at Lloyd's, London v. Transport Insurance Company, No. 15-cv-12313, D. Mass.).
NEW YORK - Interns suing Warner Music Group Corp. and Atlantic Recording Corp. (collectively, WMG) in the U.S. District Court for the Southern District of New York for unpaid wages filed a motion June 9 seeking preliminary approval of a $4.23 million settlement (Kyle Grant, et al. v. Warner Music Group Corp., et al., No. 13-4449, Justin Henry, et al. v. Warner Music Group Corp., et al., No. 13-5031, S.D. N.Y.).
NEW ORLEANS - The federal judge presiding over a lawsuit brought by the widow of a man who claims that her husband's death was caused by cancer that he contracted as a result of exposure to benzene while working for Shell Oil Co. at one of the company's gas stations on June 9 ruled that the plaintiff's medical expert was "unreliable" (Yolande Burst v. Shell Oil Company, No. 14-109, E.D. La.).
INDIANAPOLIS - Finding that a genuine issue of material fact exists as to whether an accused file-sharer illegally copied six movies, an Indiana federal judge on June 8 denied the copyright holder's motion for summary judgment (Malibu Media LLC v. Michael Harrison, No. 1:12-cv-01117, S.D. Ind.; 2015 U.S. Dist. LEXIS 73447).
WASHINGTON, D.C. - A news and entertainment media operator failed to state a claim upon which relief can be granted, the U.S. Department of State said June 8 in its answer to a complaint by Gawker Media LLC in District of Columbia federal court seeking to compel communications related to Hillary Clinton's use of a personal email account during her tenure as secretary of State under the Freedom of Information Act (FOIA) (Gawker Media LLC, et al. v. Department of State, No. 1:15-cv-00363, D. D.C.).
SYRACUSE, N.Y. - A federal magistrate judge in New York on June 10 ordered that certain discovery material produced in a reinsurance dispute may be designated by the parties as confidential (Utica Mutual Insurance Company v. R&Q Reinsurance Company, No. 15-cv-00270, N.D. N.Y.).