WASHINGTON, D.C. - An ad hoc committee of the International Centre for Settlement of Investment Disputes (ICSID) on April 5 granted the request of a Delaware company to annul the damages and costs sections of a $28.6 million award in its favor against the Republic of Guatemala because an ICSID tribunal denied its request for compensation for future losses (TECO Guatemala Holdings LLC v. Republic of Guatemala, No. ARB/10/23, ICSID).
PHILADELPHIA - A Pennsylvania federal judge on April 5 granted summary judgment in all but 23 Zoloft birth defect multidistrict litigation cases after ruling that the plaintiffs have not produced admissible general causation evidence despite repeated attempts (In Re: Zoloft [Sertraline Hydrochloride] Products Liability Litigation, MDL Docket No. 2342, No. 12-md-2341, E.D. Pa.; 2016 U.S. Dist. LEXIS 46062).
SAN FRANCISCO - The California Supreme Court on April 4 answered three questions certified by the Ninth Circuit U.S. Court of Appeals and ruled that under state law, an employer must provide a seat to a worker if the tasks being performed "reasonably permit sitting" and providing "a seat would not interfere with performance of any other tasks" (Nykeya Kilby v. CVS Pharmacy, Inc., No. S215614, Calif. Sup.; 2016 Cal. LEXIS 1950).
SAN JOSE, Calif. - In a pair of motions filed April 5 in California federal court, Anthem Inc., Blue Cross Blue Shield Association (BCBS) and related entities again moved to dismiss a putative class action related to a 2015 breach of Anthem's network for, among other things, lack of standing and failure to plead facts supporting the class members' various federal and state law claims (In Re: Anthem Inc., Customer Data Security Breach Litigation, No. 5:15-cv-02617, N.D. Calif.).
SAN FRANCISCO - An Illinois man's motion to compel identifying information about an anonymous commenter from the operator of an employee gripe website was denied on April 1, with a California judge citing protections of the First Amendment to the U.S. Constitution and failure of the movant to establish a sufficient need for the information to defend against an underlying defamation claim (Mason Awtry v. Glassdoor Inc., No. 3:16-cv-80028, N.D. Calif.; 2016 U.S. Dist. LEXIS 44804).
WASHINGTON, D.C. - In an April 1 amicus curiae brief in the U.S. Supreme Court, technology giant Intel Corp. urges the high court to grant a petition for certiorari by Google Inc. in a class complaint over Google's AdWords program brought under California's unfair competition law (UCL) and false advertising law (FAL), arguing that the Ninth Circuit U.S. Court of Appeals erred in permitting certification of a class where "individualized differences in damages" were improperly ignored in favor of "the application of a statistical formula approximating the injury suffered by an average" class member (Google Inc. v. Pulaski & Middleman LLC, et al., No. 15-1101, U.S. Sup.).
NASHVILLE, Tenn. - A federal judge in Tennessee on March 31 partially denied a motion to dismiss filed by defendants in a securities class action lawsuit, ruling that although shareholders failed to plead an actionable misrepresentation with regard to the defendants' alleged misstatements and omissions regarding the defendant company's repositioning plan, they have pleaded an actionable misstatement with regard to misrepresentations made concealing the poor performance of a restaurant chain the company had recently purchased (Dennis Krystek v. Ruby Tuesday Inc., et al., No. 14-1119, M.D. Tenn.; 2016 U.S. Dist. LEXIS 43523).
DENVER - The 10th Circuit U.S. Court of Appeals on March 31 upheld a trial court's rejection of wage-and-hour claims filed by slaughter and fabrication operation workers who claimed that they received some but not all compensation owed to them for donning and doffing activities under the Fair Labor Standards Act (FLSA) (Esmeralda Castaneda, et al. v. JBS USA, LLC, et al., Nos. 14-1217 and 14-1221, 10th Cir.; 2016 U.S. App. LEXIS 5884).
SAN JOSE, Calif. - A California federal judge on March 31 dismissed senior citizens' class claims that a "continuing care retirement community" senior living center violated the unfair competition law (UCL) by improperly assessing and managing the two fees residents are required to pay to live at the center (Burton Richter, et al. v. CC Palo Alto Inc., et al., No. 5:14-cv-00750, N.D. Calif., San Jose Div.; 2016 U.S. Dist. LEXIS 44912).
SAN FRANCISCO - A California federal magistrate on April 2 issued an order clarifying the scope of discovery that Uber Technologies Inc. may take on the employee of a competitor, stressing that only jurisdictional and standing issues may be addressed at this point in the lawsuit over a 2014 breach of Uber's database (Sasha Antman v. Uber Technologies Inc., et al., No. 3:15-cv-01175, N.D. Calif.).
LOS ANGELES - A federal judge in California on March 30 said a woman who filed suit on behalf of her daughter who was injured in a water polo match did not show that a water polo league was increasing the risks of head injuries beyond what was expected and dismissed her first amended complaint (Alice Mayall, as parent and guardian of minor H.C., on behalf of H.C. and all other similarly situated, v. USA Water Polo Inc., No. 15-0171. C.D. Calif.; 2016 U.S. Dist. LEXIS 43839).
WASHINGTON, D.C. - The U.S. Supreme Court on April 4 denied petitions for writ of certiorari filed by Wal-Mart Stores Inc. and Sam's East (collectively, Wal-Mart) seeking to overturn a nearly $188 million wage-and-hour award for a class of workers who allege that they were forced to work through rest breaks (Wal-Mart Stores, Inc. v. Michele Braun, et al., Nos. 14-1123 and 14-1124, U.S. Sup.).
NEW YORK - Defendants in a case alleging fraudulent dealings in the hair-extension business on March 30 filed a motion to compel arbitration in Italy with the U.S. District Court for the Southern District of New York (Great Lengths Universal Hair Extensions S.r.l. and Hairuwear Inc. v. David Gold, et al., No. 16 Civ. 193, S.D. N.Y.).
NEW YORK - A federal judge in New York on March 30 granted motions to dismiss in a securities class action lawsuit, ruling that a retirement system failed to plead any actionable misstatements or omission in making its federal securities law claims (Waterford Township Police & Fired Retirement System v. Regional Management Corp., et al., No. 14-3876, S.D. N.Y.; 2016 U.S. Dist. LEXIS 42542).
BOSTON - A Massachusetts federal judge on March 29 denied Exergen Corp.'s motion to dismiss a putative class action alleging deceptive labeling and packaging of the Exergen Temporal Thermometer in violation of California Business and Professions Code Section 17200 (Julie Piro and Michael Hall, et al. v. Exergen Corp., No. 15-cv-118334, D. Mass.; 2016 U.S. Dist. LEXIS 41176).
PEORIA, Ill. - A certified public accountant (CPA) may testify on total sales lost by a medical device maker in an employee agreement dispute, an Illinois federal judge ruled March 31, finding that a former employee failed to show that the CPA inappropriately applied accounting practices (Orthofix Inc. v. Melissa Gordon, No. 13-01463, C.D. Ill.; 2016 U.S. Dist. LEXIS 43105).
NEW YORK - The lead plaintiff in a putative class action against a provider of advertising services for Internet error pages moved for summary judgment of that firm's defamation counterclaims in New York federal court on March 28, asserting that she did not make the purportedly defamatory statements attributed to her, which the defendant cites as examples of a conspiracy at the heart of the class complaint (Betsy Feist v. Paxfire Inc., et al., No. 1:11-cv-05436, S.D. N.Y.).
NEW YORK - In an amicus curiae brief filed with the Second Circuit U.S. Court of Appeals, the U.S. Department of Justice on March 30 argues that ex parte proceedings to recognize an arbitral award against a foreign state in the United States are not permitted under the Foreign Sovereign Immunities Act (FSIA) (Mobil Cerro Negro Ltd., et al. v. Bolivarian Republic of Venezuela, No. 15-707, 2nd Cir.).
NEW YORK - A Second Circuit U.S. Court of Appeals panel on March 29 substantially reversed a federal district court's ruling dismissing a securities class action lawsuit with prejudice, ruling that the lead plaintiffs in the action properly pleaded scienter with regard to many of the claims (Indiana Public Retirement System, et al. v. SAIC Inc., et al., No. 14-4140, 2nd Cir.; 2016 U.S. Dist. LEXIS 5748).
SAN FRANCISCO - In a March 25 order leading up to a copyright retrial, a California judge championed the benefits of instituting a ban preventing the counsel of Oracle America Inc. and Google Inc. from running Internet and social media searches on potential jurors, stressing a need to protect jurors' privacy (Oracle America, Inc. v. Google, Inc., No. 3:10-cv-03561, N.D. Calif.; 2016 U.S. Dist. LEXIS 39675).
PHILADELPHIA - A federal judge in Pennsylvania on March 28 denied motions filed by investors in a securities class action lawsuit to grant them an extension to opt out of a settlement class, ruling that they were provided with "sufficient notice and due process protections" but failed to meet the opt-out deadline (In re DVI Inc. Securities Litigation, No. 03-5336, E.D. Pa.; 2016 U.S. Dist. LEXIS 40473).
ORANGE, Calif. - A California appeals panel on March 28 affirmed summary judgment for Lowe's Home Centers LLC (LHC) on a consumer's class action bid for injunctive relief under the state unfair competition law (UCL) enjoining LHC from continuing to sell unvented space heaters for indoor use (Matthew Burger v. Lowe's Home Centers LLC, No. G049771, Calif. App., 4th Dist., Div. 3; 2016 Cal. App. Unpub. LEXIS 2329).
WASHINGTON, D.C. - Dominion Minerals Corp. on March 29 submitted a request for arbitration with the International Centre for Settlement of Investment Disputes (ICSID), seeking an order directing the Republic of Panama to pay at least $268.3 million in a dispute over mining projects (Dominion Minerals Corp. v. Republic of Panama, ICSID ARB No. n/a).
PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on March 28 upheld a district court's order denying a motion to disqualify counsel from representing a plaintiffs' class in a consumer suit brought under the Fair Credit Report Act (FCRA), marking the second time the appellate panel has ruled on questions regarding conflicts of interest and the adequacy of counsel in the case (Robert Radcliffe, et al v. Jose Hernandez, et al. v. Experian Information Solutions Inc., et al., No. 14-56101, 9th Cir.; 2016 U.S. App. LEXIS 5691).
FLINT, Mich. - A Michigan federal judge on March 29 approved a settlement reached between the City of Detroit and the owners of multifamily dwellings alleging that they were improperly charged at a commercial rate for water and sewer (LaSalle Town Houses Cooperative Association, et al. v. City of Detroit, No. 12-13747, E.D. Mich.; 2016 U.S. Dist. LEXIS 40709).