GREEN BAY, Wis. - Experts can testify on how a chemical, called urea, when added to whey protein, causes false protein readings and otherwise affects the health of calves and how the use of urea could result in deceiving buyers, a Wisconsin federal judge ruled Sept. 15, denying insureds' motion to exclude its underwriter's experts in a breach of duty case (Daniel J. Ratajczak, Jr., et al. v. Beazley Solutions Ltd., et al., No. 13-45, E.D. Wis.; 2015 U.S. Dist. LEXIS 122916).
PHILADELPHIA - Apple Inc. on Sept. 14 removed a class complaint accusing the company of failing to pay workers in its stores in Pennsylvania for the time they spend waiting for and undergoing security checks to a Pennsylvania federal court pursuant to the Class Action Fairness Act (CAFA) (Natasha Franklin, et al. v. Apple, Inc., No. 15-5119, E.D. Pa.).
MACON, Ga. - A Georgia federal judge on Sept. 14 excluded an expert's testimony in a negligence and strict products liability lawsuit regarding whether a golf cart company failed to or had a duty to investigate a leaf spring failure in 2008 before a golf cart accident (April Danielle Pfeil and John Pfeil v. Mike's Golf Carts, LLC, No. 13-434, M.D. Ga.; 2015 U.S. Dist. LEXIS 121801).
NEW YORK - A federal judge in New York on Sept. 14 dismissed a securities class action complaint filed against a medical device maker and its CEO, ruling that the lead plaintiff in the action failed to properly plead an actionable misrepresentation or scienter in making his federal securities law claims (In re EDAP TMS S.A. Securities Litigation, No. 14-6069, S.D. N.Y.; 2015 U.S. Dist. LEXIS 121960).
TAMPA, Fla. - At a bench trial, parties in a trademark infringement lawsuit can argue as to the reliability and helpfulness of experts' testimony, a Florida federal judge ruled Sept. 11, denying a motion to exclude and denying summary judgment on a breach of contract claim (One Hour Air Conditioning Franchising, LLC v. Dallas Unique Indoor Comfort, Ltd., No. 13-3278, M.D. Fla.; 2015 U.S. Dist. LEXIS 121263).
NEW YORK - A New York federal judge on Sept. 11 denied a motion by the Equal Employment Opportunity Commission for summary judgment in a gender bias suit, but granted in part a motion by the EEOC for a bifurcated trial (Equal Employment Opportunity Commission v. Mavis Discount Tire, Inc., et al., No. 12-741, S.D. N.Y.; 2015 U.S. Dist. LEXIS 121527).
PHILADELPHIA - A Pennsylvania federal judge on Sept. 10 entered a final judgment in favor of a Taiwanese corporation in relation a Chinese arbitration award, ordering a Pennsylvania entity to pay it $6,943,817.13, representing the full amount of the award, fees and interest (Clientron Corp. v. Devon IT Inc., No. 13-05634, E.D. Pa.).
SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on Sept. 10 vacated the denial of class certification in a malpractice lawsuit filed against a law firm, ruling that the claims are governed by the state in which the alleged malpractice occurred (Philip Bobbitt, et al. v. Milberg LLP, et al., No. 13-15812, 9th Cir.; 2015 U.S. App. LEXIS 16082).
PASADENA, Calif. - A Ninth Circuit U.S. Court of Appeals panel on Sept. 11 dismissed the appeal of a district court's order on wage-and-hour claims in a bankruptcy case, finding that it lacked jurisdiction because the district court's order was not a final one (In re Landmark Fence Company, Inc., Nos. 13-55509 and 13-55574, 9th Cir.; 2015 U.S. App. LEXIS 16159).
JACKSON, Miss. - A Mississippi federal judge on Sept. 10 granted in part and denied in part insurers' motion to exclude the testimony of three of an apartment building owner insured's expert witnesses in a coverage dispute over Hurricane Isaac damage (Seahorn Investments v. Federal Insurance Co., et al., No. 13-320, S.D. Miss., Southern Div.; 2015 U.S. Dist. LEXIS 120662).
SAN FRANCISCO - Discovery subpoenas served on Facebook Inc., Instagram LLC and Twitter Inc. by two murder suspects are not permitted under the Stored Communications Act (SCA), a California appeals panel rule Sept. 8, reversing a trial court's denial of the social networks' motion to quash (Facebook Inc., et al. v. The Superior Court of San Francisco City and County, et al., No. A144315, Calif. App., 1st Dist.; 2015 Cal. App. LEXIS 786).
WASHINGTON, D.C. - Five amicus curiae briefs were filed in the U.S. Supreme Court on Sept. 8 in support of a Virginia man who claims that a data aggregation service violated the Fair Credit Reporting Act (FCRA) by publishing inaccurate information about him online (Spokeo, Inc. v. Thomas Robins, et al., No. 13-1339, U.S. Sup.).
ATLANTA - Georgia's top court on Sept. 8 agreed to decide whether a jury properly heard an expert's testimony that "any exposure" to asbestos leads to disease before awarding $10.5 million (Scapa Dryer Fabrics Inc. v. Knight, et al., No. S15C1278, Ga. Sup.).
An insurance company is violating ERISA by refusing to cover therapeutic repetitive transcranial magnetic stimulation (TMS), a California woman alleges in her class complaint filed Sept. 8 in a California federal court; she brings claims that are similar those in a class suit filed Sept. 3 in Connecticut federal court by a Tennessee man (Annette Weil, et al. v. Cigna Health and Life Insurance Company, et al. , No. 15-7074, C.D. Calif.; Christopher Meidl, et al. v. Aetna, Inc., et al., No. 15-1319, D. Conn.).
WASHINGTON, D.C. - An ad hoc Committee for the International Centre for Settlement of Investment Disputes (ICSID) on Sept. 10 released its ruling rejecting an application filed by Argentina to disqualify a committee member, finding that she does not lack impartiality (Total S.A. v. Argentina, ICSID Case No./ ARB/04/01).
WASHINGTON, D.C. - The Bolivarian Republic of Venezuela on Sept. 8 filed its reply in a District of Columbia federal court to a Canadian gold-mining company's opposition to a motion in which it seeks to respond to a recently asserted waiver argument made by the company, which is seeking to confirm a $740.3 million arbitration award (Gold Reserve Inc. v. Bolivarian Republic of Venezuela, No. 1:14-cv-2014, D. D.C.).
NEW YORK - A New York federal judge on Sept. 9 issued an order refusing a request filed by the government of Romania to reconsider a decision that refused to vacate a $185,530,618 arbitration award issued by the International Centre for Settlement of Investment Disputes (ICSID) in favor of several investors, finding that all of its arguments lacked merit (Viorel Micula v. Government of Romania, No. 15-107, S.D. N.Y.; 2015 U.S. Dist. LEXIS 119906).
FORT LAUDERDALE, Fla. - A Florida jury on Sept. 8 issued a $4.5 million verdict for a woman who alleged that her laryngeal and lung cancers were caused by cigarette smoking but found that she was 50 percent liable for the development of her cancers (Mary Cooper, et al. v. R.J. Reynolds Tobacco Co., et al., No. CACE-08026350, Fla. Cir., 17th Jud. Cir.).
BROOKLYN, N.Y. - A declaratory judgment copyright defendant must produce documents relating to the publication and first sale of products not at issue in the litigation, if they were included in the same copyright registrations as those products that are at issue, a New York federal magistrate judge ruled Sept. 8 (Classic Touch Decor Inc. v. Michael Aram Inc., No. 15-453, E.D. N.Y.; 2015 U.S. Dist. LEXIS 119249).
SEATTLE - In a Sept. 3 motion filed in its unfair billing case against Amazon.com Inc. in Washington federal court, the Federal Trade Commission seeks a protective order to prevent Amazon from using the discovery process to obtain documents about competitor Apple Inc. related to a similar, but separate FTC proceeding against Apple (Federal Trade Commission v. Amazon.com Inc., No. 2:14-cv-01038, W.D. Wash.).
PHILADELPHIA - A Pennsylvania federal judge on Sept. 4 denied a motion by comedian William H. "Bill" Cosby Jr. to take discovery to determine if the counsel and plaintiff from a prior sexual assault case violated a court order by releasing a confidential transcript from that case to the media (Tamara Green, et al. v. William H. Cosby Jr., No. 2:15-cv-00144, E.D. Pa.; 2015 U.S. Dist. LEXIS 118216).
JOHNSTOWN, Pa. - The U.S. government's expert can testify on child sexual abuse accommodation syndrome (CSAAS) in a sexual abuse case, a Pennsylvania federal judge ruled Sept. 8, finding the expert credible and her report reliable (United States of America v. Joseph D. Maurizio, Jr., No. 14-23, W.D. Pa.; 2015 U.S. Dist. LEXIS 119204).
RALEIGH, N.C. - An expert's report is admissible to determine the class members in a proposed class action against Dish Network LLC regarding violations of the Telephone Consumer Protection Act (TCPA), a North Carolina federal judge ruled Sept. 8, finding that the expert is qualified and that her report and opinions rest on a reliable foundation (Thomas H. Krakauer v. Dish Network, LLC, No. 14-333, M.D. N.C.; 2015 U.S. Dist. LEXIS 118858).
SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on Sept. 4 affirmed dismissal of a New York man's putative class action alleging that Sony Computer Entertainment America LLC violated the Video Protection Privacy Act (VPPA) by unlawfully retaining and disclosing his personally identifiable information (PII), holding that the act does not provide for a private right of action for unlawful disclosure (Daniel Rodriguez v. Sony Computer Entertainment America LLC, et al., No. 12-17391, 9th Cir.; 2015 U.S. App. LEXIS 15782).
TORONTO - The Canada Supreme Court on Sept. 4 ruled unanimously that the plaintiffs in the Lago Agrio contamination lawsuit against Chevron Corp. could seek enforcement of the $18.5 billion judgment they won in Ontario Court (Chevron Corp. v. Yaiguaje, No. 35682, 2015 SCC 42).