NEW YORK - A New York federal judge on Dec. 3 granted a company's motion to dismiss various claims in relation to the construction and operation of a luxury resort in Mexico, but granted leave for the plaintiff in the dispute to amend its claim for tortious interference (Desarrolladora Farallon S. DE R.L. DE C.V. v. Cargill Inc., No. 15-cv-0532, S.D. N.Y.; 2015 U.S. Dist. LEXIS 162435).
CHICAGO - Just three days after VTech Electronics North America LLC announced a breach of its customer data, two putative class actions were filed against the electronic educational toy maker in Illinois federal court on Dec. 3 (Ken Tittle v. VTech Electronics North America LLC, No. 1:15-cv-10889, N.D. Ill.; and Heber Bran v. VTech Electronics North America LLC, No. 1:15-cv-10891, N.D. Ill.).
NEW YORK - A federal judge in New York on Dec. 2 appointed an arbitration umpire in a reinsurance dispute in accordance with instructions from the Second Circuit U.S. Court of Appeals (Odyssey Reinsurance Company v. Certain Underwriters at Lloyd's London Syndicate 53, et al., No. 13-cv-09014, S.D. N.Y.).
WASHINGTON, D.C. - After a recent award was issued in a dispute commenced under the Energy Charter Treaty (ECT) against the Republic of Hungary, a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Nov. 30 released its decision on a Belgian energy company's request to disqualify an arbitrator (Electrabel S.A. v. The Republic of Hungary, No. ARB/07/19, ICSID).
ROCHESTER, N.Y. - After prevailing in arbitration over a contractual dispute with a former client and receiving a judgment in its favor, a call center services provider filed a motion to compel in New York federal court on Nov. 24, seeking information and testimony on the defendant's assets in an effort to enforce the judgment (Sutherland Global Services Inc. v. Adam Technologies International S.A. de C.V., No. 6:12-cv-06439, W.D. N.Y.).
THE HAGUE, Netherlands - The Permanent Court of Arbitration (PCA) on Nov. 30 said it has completed its hearing on the merits of an arbitration commenced by the Republic of the Philippines against the People's Republic of China pursuant to the United Nations Convention on the Law of the Sea (UNCLOS), stating that it expects to issue an award in the case next year (The Republic of the Philippines v. The People's Republic of China, No. 2013-19, PCA).
NEW YORK - The plaintiffs in the ignition switch defects multidistrict litigation against General Motors LLC (New GM) saw their motion to compel documents from the automaker and its attorneys under the crime-fraud exception to the attorney client privilege denied Nov. 25 by a New York federal judge, who found that the plaintiffs "fail[ed] to show that the documents at issue . . . were made with the intent to further" any "crime" or "fraud" (In Re: General Motors LLC Ignition Switch Litigation, No. 1:14-md-02543, S.D. N.Y.; 2015 U.S. Dist. LEXIS 159721).
PHILADELPHIA - Evidence of frequent, regular and proximate exposure to asbestos suffices as specific causation evidence, a couple told a federal judge in Pennsylvania on Nov. 25 in response to a motion for clarification from Ford Motor Co. (Leroy J. Mortimer and Cheryl Mortimer v. A.O. Smith Corp., et al., No. MDL 875, 13-4169, E.D. Pa.).
SAN JOSE, Calif. - The plaintiffs in a putative class action over a breach of Anthem Inc.'s database, which was consolidated with many similar cases, saw their motion to remand to New York state court denied Nov. 24 by a California federal judge, who found that the plaintiffs' state law claims were preempted by the Employee Retirement Income Security Act (ERISA), thus requiring federal jurisdiction (Y. Michael Smilow, et al. v. Anthem Life & Disability Insurance Co., et al., No. 15-cv-04739, N.D. Calif.; 2015 U.S. Dist. LEXIS 159643).
NEW YORK - Defendants' "consistent" reliance on a Mealey's Asbestos Bankruptcy Report commentary and their concern that deposing the authors would provide "leverage" in ongoing negotiations demonstrate the validity of a subpoena, plaintiffs in New York asbestos litigation told a judge Nov. 24 (In re: New York City Asbestos Litigation, All Weitz & Luxenberg Asbestos Cases, No. 040000/88, N.Y. Sup., New York Co.).
NEW YORK - A New York federal judge on Nov. 23 granted a transportation company's request for an injunction freezing $476,700,190.49 in assets and other assets in relation to its petition to confirm a $359,997,368.50 arbitration award that was issued in its favor by the Hong Kong International Arbitration Centre (HKIAC) (GE Transporation [Shenyang] Co. Ltd. v. A-Power Energy Generation Systems Ltd., No. 15-6194, S.D. N.Y.; 2015 U.S. Dist. LEXIS 158230).
SHARJAH, United Arab Emirates - A United Arab Emirates (UAE) gas company on Nov. 29 announced that a London arbitral tribunal has issued a $1,981,951,322 award in its favor and against the Kurdistan Regional Government of Iraq (KRG).
PITTSBURGH - A Pennsylvania federal judge on Nov. 23 found that an economic loss expert in an employment discrimination case did not rely solely upon the plaintiff's "self-serving statements" about his ability to work (Albert E. Gucker v. United States Steel Corp., No. 13-583, W.D. Pa.; 2015 U.S. Dist. LEXIS 157901).
SHERMAN, Texas - An expert based upon his experience within the construction industry may testify with regard to the damage an insured's roof experienced following a wind and hail storm, a Texas federal judge ruled Nov. 23, finding that the expert's testimony is reliable (Kim Gill v. State Farm Lloyds, No. 14-781, E.D. Texas; 2015 U.S. Dist. LEXIS 158070).
WEST PALM BEACH, Fla. - A Florida federal judge on Nov. 23 affirmed a bankruptcy court's decision in favor of a bank, ordering the debtors to surrender the property pursuant to a statement of intention (David A. Failla, et al. v. Citibank N.A., et al., No. 15-80328, S.D. Fla.; 2015 U.S. Dist. LEXIS 157832).
CHICAGO - An Illinois federal judge on Nov. 20 declined to exclude regulation and causation experts in a Paxil suicide case (Wendy B. Dolin, individually and as independent executor of the Estate of Stewart Dolin v. SmithKline Beecham Corp. d/b/a GlaxoSmithKline, No. 12-6403, N.D. Ill.; 2015 U.S. Dist. LEXIS 156877).
ATLANTA - In a breach of warranty lawsuit, an expert failed to use reliable principles or methods in his opinion regarding the cause of a fall from a car hauler, a majority Georgia appeals panel ruled Nov. 20, affirming the entry of summary judgment to the car hauler's manufacturer (Dennis Moore and Lisa Moore v. Cottrell, Inc., No. A15A0802, Ga. App.; 2015 Ga. App. LEXIS 726).
SAN FRANCISCO - An expert's role in a patent infringement lawsuit over the use of a Java operating program does not affect his neutrality in testifying in a copyright infringement lawsuit involving different parties, a California federal judge ruled Nov. 23 (Oracle America, Inc. v. Google, Inc., No. 10-03561, N.D. Calif.; 2015 U.S. Dist. LEXIS 158154).
SEATTLE - An estate's wrongful death asbestos action cannot proceed where the statute of limitations forecloses on the underlying personal injury action, a Washington appeals court held Nov. 23 (Karin Hill, as personal representative of the estate of Heinz Gerhard Schneider v. Bartell's Asbestos Settlement Trust, et al., No. 73960-3-I, Wash. App., Div. 1; 2015 Wash. App. LEXIS 2887).
SAN JOSE, Calif. - A federal judge in California on Nov. 20 granted final approval of a nearly $25 million securities class action settlement, ruling that the settlement has met all statutory requirements for approval (In re Celera Corp. Securities Litigation, No. 10-2604, N.D. Calif.; 2015 U.S. Dist. LEXIS 157408).
SAN DIEGO - A California federal judge on Nov. 20 denied a motion filed by a maker of vodka for summary judgment on claims for violation of California's unfair competition law (UCL) and negligent misrepresentation in relation to terms used on its labels, finding that the safe harbor doctrine was not triggered in the case (Gary Hofmann v. Fifth Generation Inc., et al., No. 14cv2569, S.D. Calif.; 2015 U.S. Dist. LEXIS 157378).
SAN JOSE, Calif. - In five motions to dismiss filed Nov. 23 in California federal court, Anthem Inc. and related entities seek dismissal of a class action over a January 2015 breach of its network, citing of standing, jurisdiction and failure to state a claim (In Re: Anthem Inc., Customer Data Security Breach Litigation, No. 5:15-cv-02617, N.D. Calif.).
BOISE, Idaho - A trial judge did not err in barring expert testimony challenging the accuracy of a breath test, an Idaho appeals panel held Nov. 19, affirming a drunken driving conviction (State of Idaho v. Thomas Fernandez, No. 42370, Idaho App.; 2015 Ida. App. Unpub. LEXIS 435).
DENVER - A damages expert can testify in a breach of the covenant of good faith and fair dealing lawsuit with regard to an independent sales representative agreement, a Colorado federal judge ruled Nov. 19 (Bio Med Technologies Corp. v. Sorin CRM USA, Inc. f/k/a ELA Medical, Inc., No. 14-0154, D. Colo.; 2015 U.S. Dist. LEXIS 157177).
BALTIMORE - A Maryland federal judge on Nov. 20 dismissed two payday lending companies from a consumer's putative class action alleging illegal lending practices after finding that the companies are both arms of a Native American tribe entitled to sovereign immunity (Alicia Everette v. Joshua Mitchem, et al., No. 15-1261, D. Md.; 2015 U.S. Dist. LEXIS 156980).