BUFFALO, N.Y. - A federal magistrate judge in New York on July 2 granted in part a motion to compel filed by a defendant company in a Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) lawsuit seeking production of emails between the plaintiff company and an environmental engineering firm, ruling that some information was not protected from disclosure by the attorney-client privilege (NL Industries v. ACF Industries, et al., No. 10cv89, W.D. N.Y.; 2015 U.S. Dist. LEXIS 86677).
NEW YORK - An oil and gas industry products provider has agreed to a $120 million settlement of claims with investors that it violated provisions of federal securities laws by misrepresenting the company's business and financial condition, according to a press release issued July 1 (Glenn Freedman v. Weatherford International Ltd., et al., No. 12-2121, S.D. N.Y.).
SAN FRANCISCO - Class certification should be granted in a suit alleging that dog food manufactured by Nestle Purina Petcare Co. contains toxic substances, a group of dog owners argued in a motion to the U.S. District Court for the Northern District of California July 1 (Frank Lucido v. Nestle Purina Petcare Co., et al., No. 3:15-cv-00569-LB, N.D. Calif.).
CHICAGO - An attorney may not recover fees under the common-fund doctrine in addition to or in lieu of fees awarded under a fee-shifting statute like the Employee Retirement Income Security Act "in the absence of a contract," the Seventh Circuit U.S. Court of Appeals ruled July 1 (Darryl Pierce, et al. v. Visteon Corporation, et al., No. 14-2542, 7th Cir.; 2015 U.S. App. LEXIS 11333).
NEW YORK - The Second Circuit U.S. Court of Appeals on July 2 vacated an order denying a motion for partial summary judgment sought by unpaid magazine interns for reconsideration in light of another Second Circuit ruling in an intern case the same day in which the appellate court established a set of factors courts can use to consider whether an intern is an employee (Xuedan Wang, et al. v. The Hearst Corp., No. 13-4480, 2nd Cir.; 2015 U.S. App. LEXIS 11516).
INDIANAPOLIS - A federal magistrate judge in Indiana on July 2 granted in part an insured's motion to reconsider an April 7 order regarding its motion to compel production of its insurer's underwriting material and claims handling manual (Indianapolis Airport Authority v. Travelers Property Casualty Company of America, No. 13-01316, S.D. Ind.; 2015 U.S. Dist. LEXIS 86315).
SAN DIEGO - In a July 2 unpublished opinion, a California appeals court affirmed a class action settlement over the objections of a class member in a case accusing QuickTrim LLC of improperly labeling its product in violation of the state's unfair competition law (UCL) (Teresa Anaya, et al. v. QuickTrim, et al., No. D067432, Calif. App., 4th Dist., Div. 1; 2015 Ca. App. Unpub. LEXIS 4697).
BALTIMORE - A subpoena served on the Internet service provider (ISP) of a Doe defendant in a file-sharing suit does not violate the Electronic Communications Privacy Act (ECPA), a Maryland federal judge ruled June 30, finding that the act specifically allows disclosure of subscriber identification information for the purpose of serving process on an alleged infringer in a copyright infringement lawsuit (Malibu Media LLC v. John Doe subscriber assigned to IP Address 188.8.131.52, No. 1:15-cv-01048, D. Md.; 2015 U.S. Dist. LEXIS 85355).
NEW YORK - The Second Circuit U.S. Court of Appeals on July 2 vacated an order conditionally certifying a nationwide class of unpaid interns working at divisions of Fox Searchlight Pictures Inc. and Fox Entertainment Group Inc. (collectively, Fox) and vacated an order granting partial summary judgment to two of those interns and remanded for reconsideration of the interns' employment status based on a new test focusing on the educational aspects of the internships (Eric Glatt, et al. v. Fox Seachlight Pictures, Inc., et al., Nos. 13-4478 and 13-4481, 2nd Cir.; 2015 U.S. App. LEXIS 11435).
WASHINGTON, D.C. - A chairman for the International Centre for Settlement of Investment Disputes (ICSID) on July 1 denied a request by the Bolivarian Republic of Venezuela to disqualify the majority of the tribunal hearing a case filed by investors in relation to oil projects in Venezuela (ConocoPhillips Petrozuata B.V., et al. v. Bolivarian Republic of Venezuela, No. ARB/07/30, ICSID).
LOS ANGELES - About two weeks after seeing part of their putative class complaint against Sony Pictures Entertainment Inc. dismissed, a group of former Sony employees on June moved for class certification on their remaining claims of negligence, unfair competition and violation of the California Confidentiality of Medical Information Act (CCMIA) (Michael Corona, et al. v. Sony Pictures Entertainment Inc., No. 2:14-cv-09600, C.D. Calif.).
NEW YORK - The Second Circuit U.S. Court of Appeals on July 1 affirmed a district court's decision refusing to confirm an arbitration award issued by the International Court of Arbitration of the International Chamber of Commerce (ICC) in favor of a Brazilian airline, finding that the other party did not agree to arbitrate the dispute (VRG Linhas Aereas S.A. v. MatlinPatterson Global Opportunities Partners II L.P., et al., No. 14-3906, 2nd Cir.; 2015 U.S. App. LEXIS 11281).
PHILADELPHIA - An expert may opine regarding, among other things, how Patient Protection and Affordable Care Act (ACA) medical loss ratio (MLR) regulations affect class ascertainability, a federal judge held June 30 in decertifying a class of indirect purchasers of Wellbutrin XL (In re: Wellbutrin XL Antitrust Litigation, No. 08-2433, E.D. Pa.; 2015 U.S. Dist. LEXIS 84444).
LONDON - The United Kingdom Supreme Court on July 1 upheld the majority of an arbitration award issued in favor of the purchasers of Russian milling wheat, but found that the damages awarded to the buyers should be altered (Bunge S.A. v. Nidera B.V., No.  UKSC 43, U.K. Sup.).
SAN FRANCISCO - Apple Inc. did not establish that AT&T Mobility, its alleged co-conspirator in a putative antitrust class action related to service for Apple's iPhones, was a necessary party to the action, a Ninth Circuit U.S. Court of Appeals panel majority ruled June 29, reversing a trial court's dismissal of the case for failure to join AT&T, per Federal Rule of Civil Procedure 19 (Zack Ward, et al. v. Apple Inc., No. 12-17805, 9th Cir.; 2015 U.S. App. LEXIS 11065).
WASHINGTON, D.C. - The U.S. Supreme Court on June 30 agreed to hear an appeal of a Third Circuit U.S. Court of Appeals ruling remanding a securities class action lawsuit over the alleged illegal "naked" short selling of a company's stock back to state court Merrill Lynch, Pierce, Fenner & Smith Inc., et al. v. Greg Manning, et al., No. 14-1132, U.S. Sup.).
SAN JOSE, Calif. - Remand of a securities class action suit to state court is proper because the defendants were prohibited from removing the action to federal court in the first place, a federal judge in California ruled June 25 (Alexander Liu v. Xoom Corp., et al., No. 15-0602, N.D. Calif.; 2015 U.S. Dist. LEXIS 82830).
RALEIGH, N.C. - A judge overseeing an asbestos case nearing trial on June 29 barred an expert from testifying that "every exposure" leads to disease and excluded another expert's testimony regarding causation, finding it insufficiently specific (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 83991).
VANCOUVER - A Canadian mining company on June 25 announced that the parties in an investment treaty dispute pending before an international tribunal have completed oral and written submissions in the case.
AUSTIN, Texas - A Texas federal magistrate judge on June 29 ruled that testimony by two experts for a woman alleging that she was wrongfully terminated is admissible, but that testimony by the woman herself, acting as an expert, is not because she did not properly disclose her intended opinions and she is not qualified as an expert on the issues at hand (Tamela Cleo Saldana v. Texas Department of Transportation, et al., No. 1:14-cv-282, W.D. Texas; 2015 U.S. Dist. LEXIS 83815).
NEW YORK - U.S. Tennis Association (USTA) umpires are independent contractors, not employees, for the purposes of the Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL), the Second Circuit U.S. Court of Appeals ruled June 29, affirming a trial court's decision (Steven Meyer, et al. v. United States Tennis Association, No. 14-3891, 2nd Cir.; 2015 U.S. App. LEXIS 11037).
NEW YORK - Materials and communications related to the plaintiff's counsel's investigation in a privacy class action do not qualify for attorney-client privilege, a New York federal magistrate ruled June 26, allowing the defendant to conduct a limited deposition of the attorney (Betsy Feist v. Paxfire Inc., et al., No. 1:11-cv-05436, S.D. N.Y.).
GREENVILLE, S.C. - A South Carolina federal judge on June 25 granted a motion by restaurant servers to conditionally certify a Fair Labor Standards Act (FLSA) collective action, but denied the plaintiffs' subsequent motion to narrow the scope of the class (Lynn Walter, et al. v. Buffets Inc., d/b/a HomeTown Buffets, Old Country Buffet, Fire Mountain, Country Buffet, Ryan's, No. 13-2995, D. S.C.; 2015 U.S. Dist. LEXIS 82507).
SAN JUAN, Puerto Rico - A Puerto Rico federal magistrate judge on June 24 recommended that a motion for conditional certification in a wage dispute against Avon Products Inc. be granted in part and that Avon's motion to strike be denied (Helen Rossello, et al. v. Avon Products, Inc., No. 14-1815, D. Puerto Rico; 2015 U.S. Dist. LEXIS 83388).