LOUISVILLE, Ky. - An expert's testimony about the safety warning label on an arrow is irrelevant and unreliable, so the arrow maker is entitled to summary judgment on strict liability and negligence claims filed by a man who was injured when an arrow he was shooting broke in two as he released it from the bow, a Kentucky federal judge held May 27 (Darcy Yonts v. Easton Technical Products, Inc., No. 3:11-cv-535, W.D. Ky.; 2015 U.S. Dist. LEXIS 68224).
SAN FRANCISCO - Plaintiffs who allege that Chevron Corp. is liable for damages caused by the explosion of a natural gas rig on May 26 filed a brief in California federal court opposing the company's motion for sanctions related to alleged failure of some plaintiffs to comply with discovery obligations. Furthermore, if granted, the sanctions should not apply to all plaintiffs, the plaintiffs say (Foster Ogola v. Chevron Corporation, No. 14-173, N.D. Calif.).
SAN JOSE, Calif. - Although a California federal judge found the motion to file a third amended complaint (TAC) to add an additional named plaintiff in a privacy class action against Facebook Inc. to be untimely, he found no bad faith on the plaintiffs' part and no substantial prejudice to Facebook, granting the motion in a May 22 ruling (In Re: Facebook Privacy Litigation, No. 5:10-cv-02389, N.D. Calif.).
SALT LAKE CITY - The plain language of Utah law permits service on a defendant up until the time of trial, as long as a single defendant is properly served within the 120-day limit, the Utah Supreme Court held May 22 (Barbara St. Jeor v. Kerr Corp., No. 20130913, Utah Sup.; 2015 Utah LEXIS 171).
SAN FRANCISCO - An attorney acted in bad faith when he asked an asbestos expert about the connection between the plaintiff's chemotherapy and his renal failure after telling the court that such questioning was off the table, a federal judge in California held May 26 (Barry Kelly and Molly Kelly v. CBS Corp., et al., No. 11-3240, N.D. Calif.).
SACRAMENTO, Calif. - A California federal judge on May 22 granted partial class certification in a lawsuit brought by California employees suing over the collection of union fees from non-union members (Kourosh Kenneth Hamidi, et al. v. Service Employees International Union Local 1000, et al., No. 14-319, E.D. Calif.; 2015 U.S. Dist. LEXIS 67419).
CHICAGO - While one causation expert cannot offer an opinion on labeling for the antidepressant drug Lexapro in a wrongful death action filed by the father of a man who committed suicide after taking the drug because the expert's report was untimely, another causation expert can testify that Lexapro probably caused the son to kill himself because the expert is reliable and used sound methodology, an Illinois federal judge ruled May 26 (Mahasukh K. Shah v. Forest Laboratories, Inc., et al., No. 10-8163, N.D. Ill.; 2015 U.S. Dist. LEXIS 67554).
WASHINGTON, D.C. - After finding that two Chinese insurance companies' investment claims against the Kingdom of Belgium were related to a bilateral investment treaty that was not in effect at the time the dispute arose, a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on May 26 found that it lacked jurisdiction over the case (Ping and Life Insurance Company of China Limited, et al., v. Kingdom of Belgium, No. ARB/12/29, ICSID).
CHICAGO - An Illinois federal judge on May 22 certified a class of Chicago teachers alleging that mass layoffs in 2011 disproportionately affected black educators (Chicago Teachers Union, et al. v. Board of Education of the City of Chicago, No. 12-10338, N.D. Ill.; 2015 U.S. Dist. LEXIS 66960).
TULSA, Okla. - An Oklahoma federal magistrate judge on May 26 excluded the testimony of an expert for a man seeking to determine if an insurance policy covers his claims in an underlying state court action, finding that the expert's opinions and proposed testimony will not be helpful to the court (Gerry G. Thames v. Evanston Insurance Co., No. 13-cv-425, N.D. Okla.; 2015 U.S. Dist. LEXIS 67655).
CHICAGO - An Illinois federal judge on May 21 partially struck an airline's affirmative defenses in a class complaint alleging damages caused by delay and cancellation of a domestic flight (Aleksey Bernfeld, et al. v. U.S. Airways Inc., No. 14-5573, N.D. Ill.; 2015 U.S. Dist. LEXIS 66677).
FORT MYERS, Fla. - A Florida federal judge on May 24 declined to exclude the testimony of a patent validity expert but limited the testimony of a damages expert so that taxes are not deducted from an accused infringer's gross profit margin, finding that if there is infringement, it is more equitable for the patent holder to receive any windfall that may occur by not deducting the taxes paid (Chico's Fas, Inc. v. Andrea Clair, et al., No. 2:13-cv-792, M.D. Fla.; 2015 U.S. Dist. LEXIS 67394).
BIRMINGHAM, Ala. - An expert can testify about the value of three rail lines that were buried and sold during remediation of a federal Superfund site because he is qualified, his methodology is reliable and his opinions will be helpful to a jury, an Alabama federal judge held May 22 in mostly denying a motion to exclude the expert's testimony (Gadsden Industrial Park, LLC, v. The United States of America, et al., No. 4:14-cv-00039, N.D. Ala.; 2015 U.S. Dist. LEXIS 66878).
LITTLE ROCK, Ark. - A refused offer of judgment by Wal-Mart Stores Inc. in a class complaint filed by an Arkansas couple does not moot the couple's claims or their claims brought on behalf of a class of consumers, an Arkansas federal judge ruled May 21 (Leslie Epps, et al. v. Wal-Mart Stores, Inc., No. 15-138, E.D. Ark.; 2015 U.S. Dist. LEXIS 66647).
DUBLIN, Ireland - An Irish energy company on May 26 announced that it will appeal to an English high court an international arbitration award in which a tribunal ordered it to pay 13 million pounds in damages.
NEW YORK - A New York appeals panel on May 21 found that an insured has failed to establish that an insurer breached a lawyers professional liability insurance policy or that counterclaims in an underlying dispute do not fall under two policy exclusions, affirming a lower court's ruling that the issue of whether the insured is entitled to recover underlying defense costs is premature (Law Offices of Zachary R. Greenhill P.C., et al. v. Liberty Insurance Underwriters, Inc., et al., No. 14902, 650414/14, N.Y. Sup., App. Div., 1st Dept.; 2015 N.Y. App. Div. LEXIS 4276).
PASADENA, Calif. - A Ninth Circuit U.S. Court of Appeals panel on May 21 reinstated the State of California and City of San Diego's claims for damages, nuisance and trespass against Kinder Morgan Energy Partners LP over groundwater contamination of a parcel of land near Qualcomm Stadium, after finding that a federal judge erred when finding that a portion of an expert's opinion should be excluded under Daubert v. Merrell Dow Pharmaceuticals Inc. (509 U.S. 579 [U.S. Sup. 1993]) (People of the State of California, et al. v. Kinder Morgan Energy Partners LP, et al., No. 13-55297, 9th Cir.; 2015 U.S. App. LEXIS 8418).
PORTLAND, Ore. - A wage-and-hour class complaint filed by Jack in the Box Inc. workers belongs in federal court, the Ninth Circuit U.S. Court of Appeals ruled May 19, reversing a trial court's remand of the suit (Jessica Gessele, et al. v. Jack in the Box, Inc., No. 15-35262, 9th Cir.; 2015 U.S. App. LEXIS 8227).
ATLANTA - A Georgia state court properly dismissed a medical malpractice case based on the failure of the plaintiff's expert to satisfy the "active practice" requirement under state law for qualifying as an expert witness, a Georgia appeals court held May 20 in affirming the lower court's ruling (Olga Zarate-Martinez v. Michael D. Echemendia, et al., No. A15A0501, Ga. App., 1st Div.; 2015 Ga. App. LEXIS 308).
NASHVILLE, Tenn. - After finding that the parties agreed to arbitration and that the claims in dispute must be decided by an arbitrator, a Tennessee federal judge on May 20 granted an Australian corporation's motion to compel arbitration under a marketing and license agreement (Vision Healthcare Systems [International] Pty, Ltd. v. Vision Software Technologies Inc., No. 3-15-0175, M.D. Tenn.; 2015 U.S. Dist. LEXIS 65924).
HAMMOND, Ind. - An Indiana federal magistrate judge on May 21 held that a tractor-trailer driving expert can testify about the standard of care for a commercial truck driver and that an economics and finance expert can testify about damages suffered by a woman suing a truck driver for the wrongful death of her husband (Rosie Passmore v. James R. Barrett, Jr., et al., No. 2:13-cv-290, N.D. Ind.; 2015 U.S. Dist. LEXIS 66225).
BANGOR, Maine - A professional engineer expert can testify about the condition of stairs at a Maine rental cabin that a woman allegedly fell down but cannot testify about the lack of a door or gate at the top of the stairs, a federal magistrate judge ruled May 20 (Cynthia Zawacki, et al. v. William P. Foley, d/b/a Moosehead Hills Cabins, et al., No. 1:14-cv-89, D. Maine; 2015 U.S. Dist. LEXIS 65639).
TACOMA, Wash. - Internet access logs (IALs) for county employees qualify as "public records" and, as such, are subject to disclosure under state law, a Washington appellate panel ruled May 19, reversing in part a trial court's judgment on the matter (Mike Belenski v. Jefferson County, No. 45756-3-II, Wash. App., Div. II; 2015 Wash. App. LEXIS 1049).
NEW ORLEANS - The federal judge in Louisiana overseeing litigation stemming from allegedly defective Chinese drywall on May 20 granted in part an emergency motion to compel filed by manufacturers asking the claims resolution firm BrownGreer PLC to produce documents before the deposition of the firm's own witness, as well as a proposed expert for the Plaintiffs' Steering Committee (PSC) (In re: Chinese-Manufactured Drywall Products Liability Litigation, MDL 2047, Case No. 09-md-2047, E.D. La.).
ATLANTA - A federal judge in Georgia on May 20 denied an insurer's motion for summary judgment in an insurance bad faith lawsuit, ruling that counsel for an insured was not required under the terms of a homeowners insurance policy to turn over audio recordings of conversations with the insurer's representatives (Elaine Armstead v Allstate Property & Casualty Insurance Co., No. 14-586, N.D. Ga.; 2015 U.S. Dist. LEXIS 66030).