NEW YORK - A federal judge in New York on June 7 appointed a pension fund as lead plaintiff in a securities class action lawsuit, ruling that the fund has met all statutory requirements to serve as lead plaintiff (Juan Francisco Nieves, as trustee of the Gonzalez Coronado Trust, v. Performance Sports Group Ltd., et al., No. 16-3591, S.D. N.Y.).
SAN DIEGO - A federal judge in California on June 6 denied a motion to dismiss two window makers' claims for strict liability and negligence after refusing to apply the factors in KB Home v. Superior Court ( 112 Cal. App. 4th 1076 [Calif. App. 2003]) to determine if an allegedly defective sealant made by defendants is a component of the window (Starline Window Inc. v. Quanex Building Products Corp., et al., No. 15-cv-1282, S.D. Calif.; 2016 U.S. Dist. LEXIS 73570).
CHICAGO - Two plaintiff side asbestos firms fabricated false exposure histories in a scheme to defraud and obstruct justice, John Crane Inc. (JCI) alleges in a pair of Illinois federal complaints filed June 6 alleging violation of the Racketeering Influenced and Corrupt Organizations Act (John Crane Inc. v. Shein Law Center Ltd, et al., No. 16-5913, John Crane Inc. v. Simon Greenstone Panatier Bartlett, et al., No. 16-5918, N.D. Ill.).
SINGAPORE - The International Court of Arbitration of the International Chamber of Commerce (ICC) on June 6 announced that Singapore was the No. 1 ranking seat of arbitration in Asia for 2015.
HELSINKI - A Helsinki media company on June 8 announced that a Finnish arbitration panel has rendered an award in a shareholders dispute.
NEW YORK - The organization Digital Rights Ireland (DRI) on June 6 filed a letter as amicus curiae in the Second Circuit U.S. Court of Appeals, stating that the U.S. government's subpoena requiring Microsoft Corp. to produce emails that are located in an Irish server violates laws, agreements and regulations of the European Union (EU) (In the Matter of a Warrant to Search a Certain E-Mail Account Controlled and Maintained by Microsoft Corp.[Microsoft v. United States], No. 14-2985, 2nd Cir.).
HARTFORD, Conn. - A trial judge improperly barred a polygraph pretest interview videotape, a majority of a Connecticut appeals panel held in an opinion to be released June 14, reversing a murder and capital felony conviction and remanding for a new trial (State of Connecticut v. George Michael Leniart, No. AC 36358, Conn. App.; 2016 Conn. App. LEXIS 259).
ATLANTA - Homeowners presented sufficient real estate appraisal testimony to show that past discomfort and annoyance caused by a nuisance and the diminution in their property's market value constitute two separate injuries, the Georgia Supreme Court ruled June 6, finding that they may recover damages for both their injuries (Toyo Tire North America Manufacturing, Inc. v. Lynn Davis and Duron Davis, No. S15G1804, Ga. Sup.; 2016 Ga. LEXIS 402).
SAN JOSE, Calif. - The putative lead plaintiff in a suit alleging breach of contract and violation of California's unfair competition law (UCL) against Google Inc. filed a motion for class certification in California federal court on June 3, alleging that privacy violations made via the Google Wallet feature affected millions of potential class members (Alice Svenson v. Google Inc., et al., No. 5:13-cv-04080, N.D. Calif.).
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on June 6 released its award in arbitration commenced by two energy firms against the Republic of Panama, finding that the tribunal lacked jurisdiction over claims related to a hydro-electric power generation concession (Transglobal Green Energy LLC, et al. v. The Republic of Panama, No. ARB/13/28, ICSID).
MIAMI - A Florida federal magistrate judge on June 2 struck a declaration from an expert in a fraud and negligent misrepresentation lawsuit with regard to diesel engine generator sets (gensets), finding that the supplemental report was untimely (Companhia Energetica Potiguar v. Caterpillar, Inc., et al., No. 14-24277, S.D. Fla.; 2016 U.S. Dist. LEXIS 72102).
MINNEAPOLIS - The National Hockey League (NHL) on June 1 asked the judge overseeing the NHL concussion multidistrict litigation to deny a group of former professional hockey players' motion to compel the production of documents without claim of claw back or privilege because the documents plaintiffs are seeking are privileged (In re: National Hockey League Players Concussion Injury Litigation, MDL No. 14-2551, D. Minn.).
FRESNO, Calif. - A California federal judge on June 3 denied a motion filed by a consumer who asserted violations of California's unfair competition law in relation to allegedly defective styling irons, finding that she failed to satisfy the requirements for class certification (Delia Wilson, on behalf of herself and others similarly situated, v. Conair Corp., No. 1:14-cv-00894, E.D. Calif.; 2016 U.S. Dist. LEXIS 72837).
JOPLIN, Mo. - A federal judge in Missouri on June 2 agreed to reconsider his previous decision to order sanctions against a plaintiff and her attorney in a trichloroethylene (TCE) exposure case on grounds that the parties were not properly notified that sanctions were being contemplated (Jodelle L. Kirk v. Schaeffler Group USA Inc., et al., No. 13-5032, W.D. Mo.).
WASHINGTON, D.C. - In its June 6 order list, the U.S. Supreme Court denied without comment a petition for certiorari by Google Inc. over an underlying grant of class certification in a class action over Google's AdWords program brought under California's unfair competition law (UCL) and false advertising law (FAL), to resolve what the Internet giant called a circuit split over whether individual damage calculations in class actions can be calculated using generalized proof (Google Inc. v. Pulaski & Middleman LLC, et al., No. 15-1101, U.S. Sup.).
RENO, Nev. - A federal magistrate judge in Nevada on June 3 denied a plaintiff company's motion to seal briefing on Atlantic Richfield Co.'s (ARCO) request for the production of an appraisal document, finding that only portions of a response brief that reference potentially privileged information should be redacted (Diamond X Ranch LLC v. Atlantic Richfield Company, No. 13-cv-00570, D. Nev.; 2016 U.S. Dist. LEXIS 72661).
CHARLESTON, S.C. - A federal judge in South Carolina on June 3 refused to certify a class for New York purchasers of Pella Corp.'s Architect Series windows, finding that the man's proposed plan of first determining if the windows contained a defect that allowed for water intrusion would still require individualized proof (In re: Pella Corporation Architect and Designer Series Windows Marketing, Sales Practices and Products Liability Litigation, MDL 2514, Case No. 14-mn-0000, John Romig Jr., et al. v. Pella Corporation, No. 14-cv-00433, D. S.C.; 2016 U.S. Dist. LEXIS 72437).
PHILADELPHIA - Two weeks after Viacom Inc. told the Third Circuit U.S. Court of Appeals that the U.S. Supreme Court's recent ruling in Spokeo Inc. v. Robins supports dismissal of a putative class action against it under the Video Privacy Protection Act (VPPA), the plaintiffs on June 3 filed a letter arguing that Spokeo supports their position by affirming "that 'intangible' injuries may create standing" (In Re: Nickelodeon Consumer Privacy Litigation, No. 15-1441, 3rd Cir.).
BATON ROUGE, La. - A Louisiana federal magistrate judge on June 2 excluded testimony from plaintiff's treating physicians in a slip-and-fall lawsuit because the plaintiff failed to properly disclose the experts under Federal Rule of Evidence 26(a)(2)(C) (Russia Williams v. Aramark Services, Inc., No. 14-705, M.D. La.; 2016 U.S. Dist. LEXIS 71891).
WASHINGTON, D.C. - In a June 1 per curiam opinion, the Federal Circuit U.S. Circuit of Appeals held sua sponte that it did not have jurisdiction to consider whether certain documents submitted by Samsung Electronics Company Ltd. in post-judgment proceedings in a long-running patent dispute with Apple Inc. are privileged and not subject to disclosure, holding that, per 28 U.S. Code Section 1295(a)(1), it cannot "review disclosure orders implicating attorney-client privilege" without "a final decision" (Apple Inc. v. Nokia Corp. v. Samsung Electronics Co., Ltd., et al., No. 2015-1857, Fed. Cir.).
CHARLESTON, W.Va. - The advancement in fire science and arson investigation over 20 years does not constitute newly discovered evidence, a majority of the West Virginia Supreme Court ruled June 2, upholding a conviction to a man for first-degree murder and arson based upon fire expert testimony (Samuel Anstey v. David Ballard, No. 15-0067, W.Va. Sup.; 2016 W. Va. LEXIS 428).
WASHINGTON, D.C. - The U.S. Supreme Court on June 6 denied a petition filed by the Republic of Ecuador for certiorari in which it argued that a U.S. appeals court erred when it found that there is Foreign Sovereign Immunities Act (FSIA) jurisdiction over a lawsuit to confirm a $96 million arbitral award (The Republic of Ecuador v. Chevron Corporation and Texaco Petroleum Company, No. 15-1088, U.S. Sup.).
NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on June 2 overruled arguments from two attorneys seeking reversal of an order barring them from participating in the Court-Supervised Settlement Program (CSSP) related to the Deepwater Horizon oil spill, after finding that the judge presiding over the litigation did not impose a "professional death sentence" when finding that the attorneys violated the Louisiana Rules of Professional Conduct (In re Deepwater Horizon: Glen J. Lerner, et al. v. Louis J. Freeh, No. 15-30265, 5th Cir.).
WEST PALM BEACH, Fla. - A trial judge did not abuse her discretion in excluding a plaintiff's causation testimony in a products liability lawsuit, a Florida appeals panel affirmed June 1 (Simona Bunin v. Matrixx Initiatives, Inc. f/k/a Gumtech International, Inc., et al., Nos. 4D14-3579 & 4D15-86, Fla. App., 4th Dist.; 2016 Fla. App. LEXIS 8353).
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on June 1 released its award in an arbitration commenced by a Florida company against the Dominican Republic under the Dominican Republic-Central America-United States Free Trade Agreement (DR-CAFTA), finding that the case was time-barred and that the claimant failed to satisfy the conditions of DR-CAFTA (Corona Materials LLC v. Dominican Republic, No. ARB[AF]/14/3, ICSID).