WASHINGTON, D.C. - The U.S. Department of State on Jan. 17 announced that it has reached a $1.7 billion settlement with Iran, resolving a longstanding dispute over a trust fund before the Iran-U.S. Claims Tribunal.
WASHINGTON, D.C. - An unaccepted offer to settle a plaintiff's individual claim in a class complaint does not render the case moot, a divided U.S. Supreme Court ruled Jan. 20 (Campbell-Ewald Company v. Jose Gomez, No. 14-857, U.S. Sup.).
DALLAS - The Texas federal judge overseeing the DePuy Pinnacle hip multidistrict litigation on Jan. 15 ordered defendant Johnson & Johnson to produce documents and a corporate witness concerning the company's bribery in Greece, Poland, Romania and Iraq (In Re: DePuy Orthopaedics, Inc. Pinnacle Hip Implant Products Liability Litigation, MDL Docket No. 2244, No. 11-md-2244, N.D. Texas, Dallas Div.).
CINCINNATI - The Sixth Circuit U.S. Court of Appeals on Jan. 14 denied rehearing of its divided ruling rejecting claims that State Street Bank and Trust Co. breached its statutory duty of prudence as fiduciary of the General Motors (GM) Employee Stock Ownership Plan (ESOP) (Raymond M. Pfeil and Michael Kammer v. State Street Bank and Trust Company, No. 14-1491, 6th Cir.; 2015 U.S. App. LEXIS 19536).
SPOKANE, Wash. - A gold mining corporation on Jan. 14 reported on various updates in relation to the recent confirmation of a $740 million international award that was issued in its favor and against Venezuela.
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Jan. 15 issued an order revising a procedural calendar for the case, including setting a date on which Eli Lilly and Co. must respond to the government of Canada's objection to jurisdiction (Eli Lilly and Company v. Government of Canada, No. UNCT/14/2, ICSID).
SAN FRANCISCO - A California federal magistrate judge on Jan. 15 granted final approval to a $2.25 million settlement to be paid by Bank of America National Association to end a class complaint brought on behalf of customer service representatives who claimed that they were misclassified as administrative employees who were exempt from California's overtime and other labor laws (Zelma Brawner v. Bank of America National Association, et al., No. 14-2702, N.D. Calif.; 2016 U.S. Dist. LEXIS 4975).
SAN FRANCISCO - Finding no error in admitting testimony regarding a defendant's status as a fiduciary, the Ninth Circuit U.S. Court of Appeals on Jan. 15 affirmed convictions on 24 counts of wire fraud, seven counts of money laundering and one count of investment-adviser fraud (United States of America v. Mark F. Spangler, No. 14-30042, 9th Cir.; 2016 U.S. App. LEXIS 681).
NORFOLK, Va. - A Virginia federal judge on Jan. 15 granted a German entity's motion to confirm an international arbitration award that was issued in its favor and denied a petition to vacate the award, finding that the award should be confirmed under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (Bayer Cropscience NV v. Dow Agrosciences LLC, et al., No. 2:12cv47, E.D. Va.; 2016 U.S. Dist. LEXIS 5571).
SAN FRANCISCO - A California federal magistrate judge on Jan. 14 granted in part and denied in part motions to exclude testimony from expert witnesses on responsive actions needed following a power outage at a refinery (Tesoro Refining & Marketing Company LLC v. Pacific Gas and Electric Co., No. 14-00930, N.D. Calif.; 2016 U.S. Dist. LEXIS 5030).
ST. LOUIS - Without expert testimony, a plaintiff cannot raise a genuine issue of material fact concerning actual exposure to mold and whether exposure to mold caused his alleged ailments, a Missouri federal judge ruled Jan. 14, granting summary judgment to the manufacturers and designers of a bed (Ralph Simon v. Select Comfort Retail Corp., et al., No. 14-1136, E.D. Mo.; 2016 U.S. Dist. LEXIS 4475).
WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 15 granted a petition for writ of certiorari filed in a suit accusing Microsoft Corp. of a selling defective Xbox consoles but limited the appeal and agreed to consider only if a federal appellate court has jurisdiction under Article III of the U.S. Constitution and 28 U.S. Code Section 1291 to review an order denying class certification after the named plaintiffs have voluntarily dismissed their individual claims with prejudice (Microsoft Corporation v. Seth Baker, et al., No. 15-457, U.S. Sup.; 2016 U.S. LEXIS 637).
LOUISVILLE, Ky. - Plaintiffs failed to remedy deficiencies in expert report on future medical damages sustained as a result of a plane crash, a Kentucky federal magistrate judge ruled Jan. 12, excluding the expert report (Larry Crouch, et al. v. John Jewell Aircraft, Inc., No. 07-638, W.D. Ky.; 2016 U.S. Dist. LEXIS 3528).
SPRINGFIELD, Ill. - An economist is not qualified to speak on whether the Federal Trade Commission made good faith efforts and on congressional intent in a telemarking consumer fraud lawsuit, an Illinois federal judge ruled Jan. 13, partially excluding the economist's testimony (United States of America and the States of California, Illinois, North Carolina and Ohio v. Dish Network LLC, No. 09-3073, C.D. Ill.; 2016 U.S. Dist. LEXIS 4145).
NEW ORLEANS - A doctor's reliance on written medical records, without reviewing diagnostic imagery or physically examining a plaintiff of her injuries, is a scientifically valid methodology, a Louisiana federal judge ruled Jan. 13, declining to bar the testimony that the plaintiff's neck surgery was not caused by an automobile accident (Kelly Mendoza v. LaFarge North America, Inc., et al., No. 15-1257, E.D. La.; 2016 U.S. Dist. LEXIS 4301).
SAN FRANCISCO - A Doe defendant on Jan. 14 was granted a protective order staying a subpoena by Uber Technologies Inc. on an Internet service provider (ISP) seeking the Doe's identity, with a California federal magistrate finding that an appeal of a parallel subpoena in a related suit over the same data breach will likely affect the present subpoena (Sasha Antman v. Uber Technologies Inc., et al., No. 3:15-cv-01175, N.D. Calif.; 2016 U.S. Dist. LEXIS 5032).
NEW YORK - Saying that the defendants' reliance on a commentary demonstrates its relevance, a New York justice on Jan. 12 declined to quash the deposition of the author (In re: New York City Asbestos Litigation, All Weitz & Luxenberg Asbestos Cases, No. 040000/88, N.Y. Sup., New York Co.).
HARRISBURG, Pa. - Virginia's statute of limitations began with a man's asbestosis diagnosis, and any challenge to the accuracy of that diagnosis should properly have been raised at that time, a Pennsylvania Superior Court panel held Jan. 12 (James Herbert, executor of the estate of Vincent W. Gatto Sr. v. American Biltrite and its division, Amtico, et al., No. 1702 WDA 2014, Pa. Super.).
THE HAGUE, The Netherlands - A Ukraine oil and gas company on Jan. 13 announced that it has commenced arbitration with the Permanent Court of Arbitration (PCA), seeking compensation for the alleged seizure of petrol station operations (PJSC Ukrnafta v. the Russian Federation, No. 2015-34, PCA).
SAN FRANCISCO - A shareholder filed a securities class action lawsuit against a fitness-tracking device manufacturer and certain of its executive officers in California federal court on Jan. 11, alleging that the defendants issued a series of misrepresentations that caused the company's stock to trade at an artificially high rate in violation of federal securities laws (Brian H. Robb v. Fitbit Inc., et al., No. 16-151, N.D. Calif.).
LAS VEGAS - A federal judge in Nevada on Jan. 8 denied an insurer's motion to bifurcate discovery in an insurance dispute, ruling that bifurcation is premature at this stage of the litigation (Hudson Insurance Co. v. James Miller, et al., No. 15-0349, D. Nev.; 2016 U.S. Dist. LEXIS 2967).
SAN FRANCISCO - A California federal judge on Jan. 11 granted a motion to amend filed by employees of a care business for mentally challenged adults as plaintiffs to a class action lawsuit that asserts violations of the California Labor Code and unfair competition law (UCL) but found that the employers in the case would be prejudiced by the addition of new defendants (Horacio Veyra Palana, et al. v. Mission Bay Inc., et al., No. 13-cv-05235, N.D. Calif.; 2016 U.S. Dist. LEXIS 3740).
DETROIT - A Michigan federal judge on Jan. 11 dismissed Ford Motor Co.'s petition to vacate arbitration awards related to insurance coverage that were issued in favor of a German insurer, finding that the awards were already confirmed in another district and that the Michigan federal court lacked jurisdiction (Ford Motor Company v. HDI-Gerling Industrie Versicherung AG, No. 2:14-cv-13789, E.D. Mich.).
NASHVILLE, Tenn. - Citing public interest, Tennessee's governor and other officials, who were defendants in one of the cases that led to the U.S. Supreme Court's gay marriage ruling in June 2015, on Jan. 8 moved to unseal the plaintiffs' counsel's time entries, asserting that they are protected by neither attorney-client privilege nor the work product doctrine (Valeria Tanco, et al. v. William Edward "Bill" Haslam, et al., No. 3:13-cv-01159, M.D. Tenn.).
GULFPORT, Miss. - Mississippi's collateral source rule precludes an expert's type of "reasonable value" calculations for past and future medical expenses in a personal injury lawsuit, a Mississippi federal judge ruled Jan. 12, granting a motion to exclude the expert's testimony (Wanda Williams, individually and as conservator for John Robert Williams Jr. v. Manitowoc Cranes LLC, No. 14-383, S.D. Miss.; 2016 U.S. Dist. LEXIS 3553).