NEW YORK - A federal judge did not err in dismissing federal securities laws claims against defendants in a securities class action lawsuit because shareholder claims were time-barred under the applicable statute of repose, a Second Circuit U.S. Court of Appeals panel ruled April 29 (DeKalb County Pension Fund v. Transocean Ltd., et al., No. 14-0894, 2nd Cir.).
WASHINGTON, D.C. - The U.S. Supreme Court on May 2 declined review of a Fifth Circuit U.S. Court of Appeals decision affirming a federal district court's ruling that denied a motion for class certification in a securities class action lawsuit based upon the damages methodology used (Robert Ludlow, et al. v. BP PLC, No. 15-952, U.S. Sup.).
NEW YORK - An appeals court erred in finding that Ford USA's control over the brand's trademark placed it sufficiently in the chain of distribution for liability arising from Ford UK's asbestos-containing products, New York's high court held April 3 (Raymond Finerty, et al. v. Abex Corp., et al., No. 190187/10 14344 14343, N.Y. Sup., App. Div., 1st Dept.).
LOS ANGELES - California's high court should accept review of a $2 million verdict in an asbestos case and firmly establish that testimony that any exposure to asbestos causes disease falls short of the state's causation standard, amici curiae argue in an April 29 brief (Nickole Davis, as personal representative, etc. v. Honeywell International Inc., No. S233753, Calif. Sup.).
PORTLAND, Ore. - In a private nuisance lawsuit between a homeowner and wind turbine companies, experts cannot testify regarding the causal link between turbine-generated infrasound and adverse human health effects, an Oregon federal magistrate judge held April 28 (Daniel Brian Williams v. Invenergy, LLC and Willow Creek Energy, LLC, No. 13-01391, D. Ore.; 2016 U.S. Dist. LEXIS 57045).
ST. LOUIS - The plaintiffs in a multidistrict litigation against the operator of AshleyMadison.com related to a July 2015 breach of the adult dating website's network may not use or refer to documents stolen from Avid Dating Life Inc. in the computer hack of its database when filing the plaintiffs' consolidated complaint, a Missouri federal judge ruled April 29 (In re Ashley Madison Customer Data Security Breach Litigation, No. 15-2669, E.D. Mo.; 2016 U.S. Dist. LEXIS 57619).
BOSTON - A man whose personally identifiable information (PII) was shared with a third party via USA Today's mobile app has sufficiently pleaded a violation of the Video Protection Privacy Act (VPPA), a First Circuit U.S. Court of Appeals panel ruled April 29, vacating a trial court's dismissal of a putative class action against the newspaper's owner (Alexander Yershov v. Gannett Satellite Information Network Inc., No. 15-1719, 1st Cir.; 2016 U.S. App. LEXIS 7791).
CLEVELAND - A federal judge in Ohio on April 27 granted a shareholder's motion for reconsideration of an earlier ruling dismissing the shareholder's amended complaint, ruling that the shareholder properly pleaded a material misrepresentation and scienter in making its federal securities law claims (Santokh Sohol v. Ellis Yan, et al., No. 15-0393, N.D. Ohio; 2016 U.S. Dist. LEXIS 56049).
ST. CROIX, Virgin Islands - A firearms and toolmark expert may testify about the recovery of trace evidence, including latent prints and DNA, from ammunition, a Virgin Islands federal judge ruled April 28, denying a motion to exclude the testimony in a lawsuit alleging violation of possession of ammunition by a convicted felon (United States of America v. Damian Lang, Sr., No. 2015-0013, D. Virgin Islands; 2016 U.S. Dist. LEXIS 56730).
INDIANAPOLIS - A trial judge did not abuse his discretion in allowing a police officer to give his opinion that the presence of ammonia gas in a fuel container established that the substance had been used to manufacture methamphetamine, an Indiana appeals panel ruled April 28, affirming a conviction for dealing in methamphetamine (Alan E. Dewitt v. State of Indiana, No. 09A04-1508-CR-1179, Ind. App.; 2016 Ind. App. Unpub. LEXIS 506).
DETROIT - A Michigan federal judge on April 28 certified a class consisting of thousands of Michigan residents in a lawsuit accusing two debt collectors of sending collection notices for time-barred debts (Joseph Luther v. Convergent Outsourcing, Inc., et al., No. 15-10902, E.D. Mich.; 2016 U.S. Dist. LEXIS 56456).
SAN FRANCISCO - A woman who says she received "multiple" unsolicited text messages from Facebook Inc. that were intended for the prior holder of her cell phone number, filed a putative class complaint against the social network operator April 26 in California federal court, alleging violations of the Telephone Consumer Protection Act (TCPA) and California's unfair competition law (UCL) (Christine Holt v. Facebook Inc., No. 3:16-cv-02266, N.D. Calif.).
TRENTON, N.J. - Dismissal of federal claims in a securities class action lawsuit is proper because a shareholder failed to plead any material misstatements or omissions in making his claims against a drug company and certain of its current and former executive officers, a federal judge in New Jersey ruled April 26 (In re Amarin Corp. PLC Securities Litigation, No. 13-6663, D. N.J.; 2016 U.S. Dist. LEXIS 55568).
NEW YORK - A New York justice on April 28 knocked a $25 million asbestos verdict against a brake grinder manufacture down to $9 million but otherwise rejected challenges to the verdict, according to documents filed with the court (Walter Miller v. BMW of North America LLC, et al., No. 190087/2014, N.Y. Sup., New York Co.).
LOS ANGELES - In an April 27 reply brief supporting its motion for contempt and sanctions in a trademark and unfair competition lawsuit, the operator of an attorney recruiting website argues that the operator of a competing site failed to provide meaningful or complete discovery responses and depositions in contravention of a court order (Lateral Link Group LLC v. Habeas Corp., et al., No. 2:14-cv-05695, C.D. Calif.).
SAN JOSE, Calif. - In an April 26 brief in California federal court, Google Inc. argues that the claims brought against it by 710 individual plaintiffs, related to Google's purported scanning of their emails, constitute an inappropriate "end run around" the proper filing processes and an effort to circumvent the class action guidelines of Federal Rule of Civil Procedure (FRCP) 23 (Ryan Corley, et al. v. Google Inc., No. 5:16-cv-00473, N.D. Calif.).
NEW YORK - Two travel company employees who allege in a class complaint that they were denied minimum and overtime wages while escorting groups from New York to a casino in Pennsylvania failed to establish personal jurisdiction as to the companies that own the casino and adjacent retail complex, a New York federal judge ruled April 28 (Lin Wai Mao, et al. v. Sands Bethworks Gaming LLC, et al., No. 15-6252, S.D. N.Y.; 2016 U.S. Dist. LEXIS 56742).
NEW YORK - In an April 28 brief, several investors urge the Second Circuit U.S. Court of Appeals to uphold a New York federal court decision recognizing a $185,530,618 award issued in their favor by the International Centre for Settlement of Investment Disputes (ICSID) (Ioan Micula, et al. v. Government of Romania, No. 15-3109-cv, 2nd Cir.).
KANSAS CITY, Kan. - A computer consultant may not testify on search engine optimization (SEO) in a trademark infringement case, a Kansas federal judge held April 27 (Marten Transport, Ltd. v. PlattForm Advertising, Inc., No. 14-2464, D. Kan.; 2016 U.S. Dist. LEXIS 56279).
MEMPHIS, Tenn. - An expert may not testify in a civil rights lawsuit that the use of deadly force by police officers "was excessive and was not objectively reasonable under the circumstances," a Tennessee federal judge ruled April 27 (Sterling Askew and Sylvia Askew v. City of Memphis, et al., No. 14-02080, W.D. Tenn.; 2016 U.S. Dist. LEXIS 55918).
BOSTON - A class suit by individuals who signed up to participate in an obstacle course event but then were unable to after the location of the event changed with just a week's notice and were denied refunds of their registration fees belongs in state, not federal, court, a First Circuit U.S. Court of Appeals panel ruled April 26 (Lisa C. Pazol, et al. v. Tough Mudder Incorporated, et al., No. 15-1640, 1st Cir.; 2016 U.S. App. LEXIS 7519).
DALLAS - In a complaint filed April 25 in Texas federal court, three blind law students allege that a company specializing in bar exam preparation materials has violated the Americans with Disabilities Act (ADA) by not providing a website and other materials that are fully accessible to visually impaired individuals and by not responding to requests for reasonable accommodations (Claire Stanley, et al. v. BarBri Inc., et al., No. 3:16-cv-01113, N.D. Texas).
NEW HAVEN, Conn. - A federal magistrate judge in Connecticut on April 26 granted in part a motion for spoliation sanctions filed by Anchor Insulation Co. Inc., John Manville Inc. and Icynene Corp., finding that a man's removal of at least 10 rolls of floor covering before a home inspection to examine levels of volatile organic compound (VOC) gasses allegedly emitted by the defendants' spray polyurethane foam (SPF) constituted destruction of evidence (Richard Breyer, et al. v. Anchor Insulation Co. Inc., et al., No. 13 CV 1576, D. Conn.).
PHILADELPHIA - The Southeastern Pennsylvania Transportation Authority (SEPTA) routinely violates the Fair Credit Reporting Act (FCRA) and the Pennsylvania Criminal History Record Information Act (CHRIA) by obtaining and using job applicants' records in a manner that violates federal and state law, a Philadelphia man who was an unsuccessful job applicant alleges in his class complaint filed against SEPTA in Pennsylvania federal court on April 27 (Frank Long, et al. v. Southeastern Pennsylvania Transportation Authority, No. 16-1991, E.D. Pa.).
SAN JOSE, Calif. - In a pair of April 26 filings in California federal court, the putative class representatives in a suit over a breach of Anthem Inc.'s network opposed motions to dismiss by Anthem and Blue Cross Blue Shield Association (BCBS), arguing that they have sufficiently pleaded facts to support breach and negligence claims and have satisfied standing requirements (In Re: Anthem Inc., Customer Data Security Breach Litigation, No. 5:15-cv-02617, N.D. Calif.).