SAN JOSE, Calif. - Three users of Facebook Inc. filed a putative class action against the social networking giant in California federal court Nov. 3, alleging that its online advertising platform violates the Fair Housing Act (FHA) and Title VII of the Civil Rights Act of 1964 by permitting advertisers to prevent members of certain demographics from seeing ads related to housing or employment opportunities (Suzanne-Juliette Mobley, et al. v. Facebook Inc., et al., No. 5:16-cv-06440, N.D. Calif.).
NEW YORK - An insurer argued in a federal court in New York on Nov. 4 that it and its German reinsurer should arbitrate a dispute over which version of an underlying policy was actually reinsured (HDI Global SE v. Lexington Insurance Company, No. 16-cv-07241, S.D. N.Y.).
HAMBURG, Germany - The International Tribunal for the Law of the Sea (ITLOS) on Nov. 4 found that it has jurisdiction over a case commenced by Panama against Italy in relation to the alleged unlawful detention of a vessel, finding that all of Panama's claims are admissible (The MV "Norstar" Case [Panama v. Italy], No. 25, ITLOS).
NEW YORK - The Second Circuit U.S. Court of Appeals on Nov. 7 affirmed a district court's decision to deny a petition to vacate an award filed by two subsidiaries of a Venezuela oil company and granting a cross-petition to confirm the award filed by ConocoPhillips Co., finding that the appellants failed to present any evidence that the award violated public policy (PDV Sweeny, Inc., et al. v. ConocoPhillips Co., et al., No. 16-170, 2nd Cir.).
MILWAUKEE - In an employer negligence lawsuit, a Wisconsin federal judge decided Nov. 3 several motions filed by the employer to exclude testimony offered by an ergonomist, an employee's former treating physician and a medical expert to support the employee's case that his diagnosis of osteoarthritis was caused by his work (David Rowley v. Union Pacific Railroad Co., No. 11-46, E.D. Wis.; 2016 U.S. Dist. LEXIS 153391).
JEFFERSON CITY, Mo. - A liability expert may testify on the reasonable safety of a driveway and whether it needed repairs, a Missouri federal judge ruled Nov. 3, also denying summary judgment to the property owners because fact issues exist as to whether they should have discovered the dangerous condition (Amy Fontaine and Todd Fontaine v. Columbia Properties Ozarks Ltd., et al., No. 15-04213, W.D. Mo.; 2016 U.S. Dist. LEXIS 152343).
ALBUQUERQUE, N.M. - A hazard analysis expert may testify as to whether the conditions present at a store created a dangerous situation, a New Mexico federal judge ruled Nov. 4, also denying summary judgment to Wal-Mart Stores East L.P. because there is sufficient evidence to create a genuine issue of material fact as to the company's alleged breach of duty (Patricia Cabrera v. Wal-Mart Stores East L.P., No. 15-597, D. N.M.; 2016 U.S. Dist. LEXIS 153664).
LAKE CHARLES, La. - A Louisiana appeals panel on Nov. 2 found no error in the admission of testimony from a woman who interviewed a sexual abuse victim as an expert in forensic child interviewing because the woman had sufficient experience and there was enough independent evidence to support the criminal case (State of Louisiana v. Christopher Lance Washburn, No. 16-335, La. App., 3rd Cir.; 2016 La. App. LEXIS 2040).
SAN FRANCISCO - A federal judge in California on Nov. 2 appointed a pair of investors as lead plaintiff in a securities class action lawsuit against Charles Schwab Corp. and others, ruling that the investors have the largest financial interest in the litigation and meet the statutory requirements of typicality and adequacy (Robert Crago v. Charles Schwab & Co. Inc., et al., No. 16-3938, N.D. Calif.).
CHICAGO - An Illinois federal judge on Nov. 2 granted in part dueling motions to bar expert witnesses in a breach of contract and bad faith coverage dispute arising from a $14 million consent judgment entered against an insured (Ray A. Fox, by and through his guardian, Rose Fox v. Admiral Insurance Co., No. 12-8740, N.D. Ill., Eastern Div.; 2016 U.S. Dist. LEXIS 151738).
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Nov. 4 said a hearing on jurisdiction and the merits in an international treaty arbitration brought by investors against the Republic of Estonia will begin next week (United Utilities (Tallinn) B.V., et al. v. Republic of Estonia, No. ARB/14/24, ICSID).
NEW YORK - A New York federal judge on Nov. 3 granted an English company's petition to confirm a $3.2 million arbitral award plus interest issued in its favor in relation to a patent license agreement dispute, finding that the respondent was not entitled to deduct amounts from the award to satisfy Taiwanese tax laws (Mondis Technology Ltd. v. Wistron Corporation, No. 15-CV-02340, S.D. N.Y.; 2016 U.S. Dist. LEXIS 152785).
LANSING, Mich. - A defendant failed to show any errors in his counsel's performance with regard to the admission of expert testimony on the connection between retinal hemorrhages in a child as symptoms of alleged abuse, a Michigan appeals panel held Nov. 1 (People of the State of Michigan v. Joshua Quincy Burns, No. 327179, Mich. App.; 2016 Mich. App. LEXIS 2008).
WASHINGTON, D.C. - A District of Columbia federal judge on Nov. 1 found that the arbitration agreement between a well-known residential rental service and its users was valid and enforceable, stayed a racial bias class complaint and granted the rental service's motion to compel individual arbitration (Gregory Selden, et al. v. Airbnb, Inc., No. 16-933, D. D.C.; 2016 U.S. Dist. LEXIS 150863).
LOS ANGELES - Anthem Blue Cross promises Patient Protection and Affordable Care Act (ACA) exchange customers re-enrollment in a similar plans when cancellations occur, while in reality providing far inferior plans with no out-of-network coverage, according to a class action lawsuit filed Oct. 31 in California court, alleging violation of the state unfair competition law (UCL) (Paul Simon, et al. v. Blue Cross of California, d/b/a Anthem Blue Cross; and DOES 1-100, inclusive, No. BC639205, Calif. Super., Los Angeles Co.).
WASHINGTON, D.C. - In an Oct. 31 brief in the U.S. Supreme Court, the U.S. government opposes a grant of certiorari to a man convicted of tax evasion, arguing that law enforcement properly retained mirrored copies of the man's hard drives via a warrant that was valid per the good-faith exception to the exclusionary rule of the Fourth Amendment to the U.S. Constitution (Stavros M. Ganias v. United States of America, No. 16-263, U.S. Sup.).
SAN FRANCISCO - A federal judge in California on Oct. 28 appointed the law firm of Robbins Geller Rudman & Dowd to serve as lead counsel in a securities class action lawsuit against LendingClub Corp. and certain of its current and former executive officers, ruling that the law firm "was within the scope of several reasonable choices and was not influenced by any pay-to-play considerations" (Steeve Evellard v. LendingClub Corp., et al., No. 16-2627, N.D. Calif.).
WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 31 denied a petition for writ of certiorari asking it to review a divided Sixth Circuit U.S. Court of Appeals panel decision that reversed a district court's ruling in favor of a class of retirees from Moen Inc. who argued that their collective bargaining agreements guaranteed them health care benefits for life (John L. Gallo, et al. v. Moen Incorporated, No. 16-222, U.S. Sup.).
ST. LOUIS - A Missouri federal judge on Nov. 1 partially granted a motion and supplemental motion for partial judgment on the pleadings, leaving only a claim for declaratory judgment remaining against a red light camera system provider in a class complaint filed by two individuals who were ticketed through the system in St. Peters, Mo. (Gina Thompson, et al. v. Redflex Traffic Systems, Inc., et al., No. 15-404, E.D. Mo.; 2016 U.S. Dist. LEXIS 151067).
WASHINGTON, D.C. - The U.S. government on Oct. 31 opposed a liberty advocacy organization's motion to compel an officer of the Office of Science and Technology Policy (OSTP) to preserve emails in his private email account in accord with a Freedom of Information Act (FOIA) request, telling a District of Columbia federal court that the group has not met its burden to demonstrate the preservation order's necessity (Competitive Enterprise Institute v. Office of Science and Technology Policy, No. 1:14-cv-00765, D. D.C.).
FLINT, Mich. - A Michigan federal judge on Oct. 31 denied approval of a confidential wage-and-hour settlement between an employer and its alarm response security officers (AROs), opining that she was unable to determine, based on the information provided, that the settlement is fair and reasonable (Marcus Williams, et al. v. Alimar Security, Inc., No. 13-12732, E.D. Mich.; 2016 U.S. Dist. LEXIS 150119).
SAN FRANCISCO - Lawyers representing about 800 current and former employees at five restaurants owned by a single McDonald's franchisee in California on Oct. 28 filed a motion seeking preliminary approval of a wage-and-hour class action settlement in which McDonald's would pay the workers $1.75 million in back pay and damages and $2 million in legal fees (Stephanie Ochoa, et al. v. McDonald's Corp., et al., No. 14-2098, N.D. Calif.).
WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 31 denied a petition for writ of certiorari to review a Texas appeals court decision that overturned a $31 million jury award against Domino's Pizza LLC, Domino's franchisee MAC Pizza Management Inc. and a Domino's delivery driver for a crash that killed a woman and severely injured her husband (Raghurami Reddy, et al. v. Domino's Pizza LLC, No.16-356, U.S. Sup.).
NEW YORK - A New York federal judge on Oct. 31 granted approval of a $244 million settlement to be paid by in-store promotion (ISP) services providers accused of creating a monopoly; however, the judge rejected the plaintiffs' counsel's request for an award of $73.2 million and instead awarded $48,825,000 (Dial Corp, et al. v. News Corporation, et al., No. 13-6802, S.D. N.Y.; 2016 U.S. Dist. LEXIS 150528).
NEW YORK - The Second Circuit U.S. Court of Appeals on Nov. 1 refused to reconsider its previous decision to affirm a district court's order confirming a $400 million arbitral award issued in favor of a Mexican corporation in a dispute over underlying contracts for the construction of offshore platforms (Corporacion Mexicana De Mantenimiento Intergral, S. De R.L. De C.V. v. Pemex-Exploracion Y, No. 13-4022, 2nd Cir.).