LONDON - A Malaysian development firm named as a respondent in a case filed by a petroleum firm with the London Court of International Arbitration (LCIA) on July 11 said it has filed its formal response, agreeing to the request for arbitration.
SAN JOSE, Calif. - In a brief filed July 6 in California federal court, a group of more than 700 university student plaintiffs oppose a motion by Google Inc. to sever and dismiss their claims alleging violation of the Electronic Communications Privacy Act (ECPA) by the interception and scanning of their emails, arguing that joinder is "fundamentally fair and judicially efficient" (Ryan Corley, et al. v. Google Inc., No. 5:16-cv-00473, N.D. Calif.).
SAN FRANCISCO - Various wage claims brought by employees of a fast food franchisee may proceed with some of their wage claims against the franchisor as a class, a California federal judge ruled July 7, denying the franchisor's claim that allegations of ostensible agency may not be resolved on a classwide basis (Stephanie Ochoa, et al. v. McDonald's Corp., et al., No. 14-2098, N.D. Calif.; 2016 U.S. Dist. LEXIS 88323).
AUGUSTA, Ga. - An expert for plaintiffs in a negligence lawsuit is qualified as an expert to testify on most of his opinions concerning commercial premises safety and security, a Georgia federal judge ruled July 8, granting and denying in part a motion to exclude (Tammy Padgett and Joey Padgett v. Kmart Corp. and Colony Mill Enterprises, LLC, No. 15-048, S.D. Ga.; 2016 U.S. Dist. LEXIS 88734).
MADISON, Wis. - In a copyright infringement lawsuit, an expert may testify that a software company did not suffer any damages at all, a Wisconsin federal judge ruled July 8 (Epic Systems Corp. v. Attachmate Corp., No. 15-179, W.D. Wis.; 2016 U.S. Dist. LEXIS 88572).
THE HAGUE, Netherlands - The Permanent Court of Arbitration (PCA) on July 12 issued a unanimous award in favor of the Philippines and against the People's Republic of China in a dispute over maritime entitlements in the South China sea, finding that China violated the United Nations Convention on the Law of the Sea (UNCLOS) and aggravated the dispute with certain actions (The Republic of the Philippines v. The People's Republic of China, No. 2013-19, PCA).
WILMINGTON, Del. - Ford Motor Co. on July 6 joined in a motion by Honeywell International Inc. seeking access to asbestos claimants' data in the Chapter 11 case of W.R. Grace & Co. to review the information for evidence of fraud in the tort system by asbestos plaintiffs and their attorneys (In re: W.R. Grace & Co., et al., No. 01-01139, D. Del. Bkcy.).
NEWARK, N.J. - A class complaint accusing a cellular phone company of breach of warranty for selling phones with a known flaw in one of its apps was dismissed with prejudice on July 6 by a New Jersey federal judge, who ruled that the complaint failed to plead facts to support a cause of action (Russ Semeran, et al. v. BlackBerry Corporation, No. 15-750, D. N.J.; 2016 U.S. Dist. LEXIS 87379).
SAN FRANCISCO - A California federal magistrate judge on July 6 granted a motion to remove two minor league baseball players who no longer wish to be class representatives in a lawsuit seeking unpaid wages from the Office of the Commissioner of Baseball, its member franchises and former Commissioner Allan H. "Bud" Selig (Aaron Senne, et al. v. Kansas City Royals Baseball Corp., et al., No. 14-608, N.D. Calif.; 2016 U.S. Dist. LEXIS 88014).
WAUSAU, Wis. - A trial judge erred in excluding defense experts from testifying that maternal forces of labor caused a child's permanent brachial plexus injury in a lawsuit alleging that a doctor's negligence caused the injury, a Wisconsin appeals panel ruled July 6 (Unity Bayer by her guardian ad litem, Vincent R. Petrucelli, et al. v. Brian D. Dobbins, M.D., et al., No. 2015AP1470, Wis. App., Dist. 3; 2016 Wisc. App. LEXIS 412).
SYRACUSE, N.Y. - An insurer told a federal court in New York on July 5 that a non-party reinsurer involved in a similar asbestos reinsurance dispute does not have the right to see documents sealed in the instant action (Utica Mutual Insurance Company v. Munich Reinsurance America, Inc., No. 12-cv-00196, N.D. N.Y.).
LOS ANGELES - In a putative class action filed July 7 in California federal court, a minor user of Snapchat Inc.'s photo messaging application alleges that editorial content on Snapchat's app exposes minors to sexually offensive content in violation of the Communications Decency Act (CDA) and California's unfair competition law (UCL) (John Doe v. Snapchat Inc., et al., No. 2:16-cv-04955, C.D. Calif.).
CHICAGO - Two plaintiffs that filed putative class complaints alleging that Google Inc. violated Illinois' Biometric Information Privacy Act (BIPA) via facial recognition capability in its "Google Photos" feature, filed a brief on July 1 in Illinois federal court opposing Google's motion to dismiss, arguing that the Internet giant violated the statute by collecting their biometric identifiers without their consent (Lindabeth Rivera v. Google Inc., No. 1:16-cv-02714, and Joseph Weiss v. Google Inc., No. 1:16-cv-02870, N.D. Ill.).
SEATTLE - A Washington federal judge on July 6 granted a loan servicer's motion for summary judgment, finding that it owed no duty to a borrower in relation to a loan modification (Edward D. Mecum v. Wells Fargo Bank, N.A., et al., No. 15-1302, W.D. Wash.; 2016 U.S. Dist. LEXIS 87712).
SACRAMENTO, Calif. - In an order entered July 5, a California federal judge certified a class for consumers whose homes have roofing tiles that were made by Dura-Loc Roofing Systems Limited that are allegedly defective because they are not UV resistant, finding that common evidence and proof can determine if the shingles are defective, if the shingles did not comply with the limited warranty and if Metals USA Inc., the successor to Dura-Loc, can be liable for damages (James Wilson, et al. v. Metals USA Inc., No. 12-CV-0568-KJM-CKD, E.D. Calif.).
ST. LOUIS - A trucking company that purchased another is liable for Worker Adjustment and Retraining Notification (WARN) Act violations despite a clause in the asset purchase agreement (APA) that stated that it had no liability, the Eighth Circuit U.S. Court of Appeals ruled July 5, finding that the transaction was actually a sale of business (Stuart R. Day, et al. v. Celadon Trucking Services, Inc., No. 15-1711, 8th Cir.; 2016 U.S. App. LEXIS 12365).
ATLANTA - An expert's testimony that any exposure to asbestos above background meaningfully contributed to a man's mesothelioma was unhelpful to a jury and improperly admitted, Georgia's top court held July 5 (Scapa Dryer Fabrics Inc. v. Knight, et al., No. S15C1278, Ga. Sup.).
SAN FRANCISCO - Two days after Uber Technologies Inc. filed a notice in a California federal court that it was withdrawing a subpoena on Comcast, through which Uber had sought to identify a particular subscriber as part of its suit over a 2014 breach of its network, Uber and that unnamed subscriber stipulated June 29 to dismiss an appeal in the Ninth Circuit U.S. Court of Appeals that resulted from a ruling on the subpoena (Uber Technologies Inc. v. John Doe I v. Subscriber, No. 15-16532, 9th Cir.).
ATLANTA - A trial court erred in excluding a medical expert in a malpractice lawsuit because the expert had not demonstrated that "she had the 'appropriate level of knowledge . . . in performing the procedure' in question," the Georgia Supreme Court ruled July 5, vacating and remanding for the trial court to reconsider its decision (Olga Zarate-Martinez v. Dr. Michael D. Echemendia, et al., No. S15G1446, Ga. Sup.; 2016 Ga. LEXIS 450).
WASHINGTON, D.C. - A District of Columbia Circuit U.S. Court of Appeals majority on July 5 found that a government "agency cannot shield its records from search or disclosure under" the Freedom of Information Act (FOIA) by "storing them in a private email account controlled by the agency head," reversing a trial court's dismissal of a group's FOIA for certain emails of the director of the Office of Science and Technology Policy (OSTP) as inconsistent with the purpose of the act (Competitive Enterprise Institute v. Office of Science and Technology Policy, No. 15-5128, D.C. Cir.; 2016 U.S. App. LEXIS 12357).
SAN JOSE, Calif. - Appointment of an institutional investor as lead plaintiff in a securities class action lawsuit is proper because the investor has met all statutory requirements to serve in the role and because no other investor has properly rebutted the presumption that the institutional investor is the most adequate lead plaintiff, a federal judge in California ruled June 28 (In re Extreme Networks Inc. Securities Litigation, No. 15-4883, N.D. Calif.; 2016 U.S. Dist. LEXIS 84005).
PORTLAND, Maine - A Maine federal magistrate judge recommended on June 27 that a doctor's proffered opinion testimony be excluded regarding the expectations of an employer, and the reasonableness of the employer's management of an employee's situation for job abandonment which led to the employee's termination (Christy Dorr v. Woodlands Senior Living of Brewer, LLC, No. 15-00092, D. Maine; 2016 U.S. Dist. LEXIS 82985).
ALAJUELA, Costa Rica - A Costa Rican plantation owner on July 1 said that it will challenge a $32 million international arbitration award issued for a producer and distributor of fresh fruit and vegetables.
DALLAS - An agricultural transportation expert may testify about the dry green pea transportation market along the Burlington Northern/Santa Fe (BNSF) railroad in a breach of contract lawsuit over the sale of dry green peas, a Texas federal magistrate judge held June 30, finding that the testimony is both reliable and relevant (HostingXtreme Ventures, LLC v. Bespoke Group, LLC, et al., No. 14-1471, N.D. Texas; 2016 U.S. Dist. LEXIS 84895).
WAUKESHA, Wis. - A trial judge did not err in admitting opinion evidence from a detective regarding his experience investigating sexual assault cases, nor did the judge err in excluding evidence of a victim's prior sexual assault, a Wisconsin appeals panel ruled June 29 (State of Wisconsin v. Zeferino A. Martinez, No. 2015AP1458-CR, Wis. App., Dist. 2; 2016 Wisc. App. LEXIS 396).