BOSTON - A Massachusetts federal judge on March 29 denied Exergen Corp.'s motion to dismiss a putative class action alleging deceptive labeling and packaging of the Exergen Temporal Thermometer in violation of California Business and Professions Code Section 17200 (Julie Piro and Michael Hall, et al. v. Exergen Corp., No. 15-cv-118334, D. Mass.; 2016 U.S. Dist. LEXIS 41176).
PEORIA, Ill. - A certified public accountant (CPA) may testify on total sales lost by a medical device maker in an employee agreement dispute, an Illinois federal judge ruled March 31, finding that a former employee failed to show that the CPA inappropriately applied accounting practices (Orthofix Inc. v. Melissa Gordon, No. 13-01463, C.D. Ill.; 2016 U.S. Dist. LEXIS 43105).
NEW YORK - The lead plaintiff in a putative class action against a provider of advertising services for Internet error pages moved for summary judgment of that firm's defamation counterclaims in New York federal court on March 28, asserting that she did not make the purportedly defamatory statements attributed to her, which the defendant cites as examples of a conspiracy at the heart of the class complaint (Betsy Feist v. Paxfire Inc., et al., No. 1:11-cv-05436, S.D. N.Y.).
NEW YORK - In an amicus curiae brief filed with the Second Circuit U.S. Court of Appeals, the U.S. Department of Justice on March 30 argues that ex parte proceedings to recognize an arbitral award against a foreign state in the United States are not permitted under the Foreign Sovereign Immunities Act (FSIA) (Mobil Cerro Negro Ltd., et al. v. Bolivarian Republic of Venezuela, No. 15-707, 2nd Cir.).
NEW YORK - A Second Circuit U.S. Court of Appeals panel on March 29 substantially reversed a federal district court's ruling dismissing a securities class action lawsuit with prejudice, ruling that the lead plaintiffs in the action properly pleaded scienter with regard to many of the claims (Indiana Public Retirement System, et al. v. SAIC Inc., et al., No. 14-4140, 2nd Cir.; 2016 U.S. Dist. LEXIS 5748).
SAN FRANCISCO - In a March 25 order leading up to a copyright retrial, a California judge championed the benefits of instituting a ban preventing the counsel of Oracle America Inc. and Google Inc. from running Internet and social media searches on potential jurors, stressing a need to protect jurors' privacy (Oracle America, Inc. v. Google, Inc., No. 3:10-cv-03561, N.D. Calif.; 2016 U.S. Dist. LEXIS 39675).
PHILADELPHIA - A federal judge in Pennsylvania on March 28 denied motions filed by investors in a securities class action lawsuit to grant them an extension to opt out of a settlement class, ruling that they were provided with "sufficient notice and due process protections" but failed to meet the opt-out deadline (In re DVI Inc. Securities Litigation, No. 03-5336, E.D. Pa.; 2016 U.S. Dist. LEXIS 40473).
ORANGE, Calif. - A California appeals panel on March 28 affirmed summary judgment for Lowe's Home Centers LLC (LHC) on a consumer's class action bid for injunctive relief under the state unfair competition law (UCL) enjoining LHC from continuing to sell unvented space heaters for indoor use (Matthew Burger v. Lowe's Home Centers LLC, No. G049771, Calif. App., 4th Dist., Div. 3; 2016 Cal. App. Unpub. LEXIS 2329).
WASHINGTON, D.C. - Dominion Minerals Corp. on March 29 submitted a request for arbitration with the International Centre for Settlement of Investment Disputes (ICSID), seeking an order directing the Republic of Panama to pay at least $268.3 million in a dispute over mining projects (Dominion Minerals Corp. v. Republic of Panama, ICSID ARB No. n/a).
PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on March 28 upheld a district court's order denying a motion to disqualify counsel from representing a plaintiffs' class in a consumer suit brought under the Fair Credit Report Act (FCRA), marking the second time the appellate panel has ruled on questions regarding conflicts of interest and the adequacy of counsel in the case (Robert Radcliffe, et al v. Jose Hernandez, et al. v. Experian Information Solutions Inc., et al., No. 14-56101, 9th Cir.; 2016 U.S. App. LEXIS 5691).
FLINT, Mich. - A Michigan federal judge on March 29 approved a settlement reached between the City of Detroit and the owners of multifamily dwellings alleging that they were improperly charged at a commercial rate for water and sewer (LaSalle Town Houses Cooperative Association, et al. v. City of Detroit, No. 12-13747, E.D. Mich.; 2016 U.S. Dist. LEXIS 40709).
SAN JOSE, Calif. - A federal magistrate judge in California on March 25 granted the transfer of a Racketeer Influenced and Corrupt Organizations Act (RICO) class action suit regarding certain captive reinsurance transactions to a federal court in Iowa (Rachel Silva, et al. v. Aviva Plc, et al., No. 15-cv-02665, N.D. Calif.; 2016 U.S. Dist. LEXIS 40617).
SAN JOSE, Calif. - Plaintiffs cannot point to sufficiently specific advertisements or claims made by Apple Inc. regarding the iPhone's Bluetooth or Wi-Fi capabilities, a federal judge in California held March 25 in dismissing unfair competition law (UCL), Business and Professions Code Section 17200, et seq., claims with prejudice (David Yastrab, et al. v. Apple Inc., No. 14-1974, N.D. Calif.).
WASHINGTON, D.C. - Arguing that the Federal Bureau of Investigation has fully complied with Freedom of Information Act (FOIA) requests made by The Associated Press and a reporters group, notwithstanding documents properly withheld under FOIA exemptions, the FBI and U.S. Department of Justice (DOJ) on March 28 moved for summary judgment in District of Columbia federal court in a suit alleging violations of the act (The Reporters Committee for Freedom of the Press, et al. v. Federal Bureau of Investigation, et al., No. 1:15-cv-01392, D. D.C.).
CHICAGO - An Illinois federal judge on March 25 dismissed with prejudice a woman's class suit seeking to stop an online gambling game manufacturer from operating allegedly unlawful gambling devices and recovery of all monies paid by players (Margo Phillips v. Double Down Interactive LLC, No. 15-4301, N.D. Ill.; 2016 U.S. Dist. LEXIS 39189).
MEMPHIS - In a wrongful death lawsuit, a doctor may not testify as to the cause of a plaintiff's death, a Tennessee federal judge held March 28, finding that the doctor failed to consider other possible causes and did not provide reliable evidence to support his testimony (Dorothy Mae Johnson, et al. v. Memphis Light Gas & Water Division, No. 12-02664, W.D. Tenn.; 2016 U.S. Dist. LEXIS 39908).
CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on March 25 rejected a class member's objections to a $10.25 million settlement to be paid by Unilever United States Inc. to end claims that one of its hair-smoothing products can damage hair and scalp (Tina Martin v. Sidney Reid, et al. v. Unilever United States, Inc., et al., No. 14-3009, 7th Cir.; 2016 U.S. App. LEXIS 5620).
DENVER - An insurer's biomechanical engineering expert was wrongfully disqualified from testifying as to vehicle dynamics, what happens in a rear-end collision and the nature of an insured's injury, 10th Circuit U.S. Court of Appeals ruled March 29, finding that a trial court failed to fulfill its gatekeeping function under Daubert v. Merrell Dow Pharm., Inc. (509 U.S. 579 ) (Patrick Adamscheck v. American Family Mutual Insurance Co., No. 15-1125, 10th Cir.; 2016 U.S. App. LEXIS 5753).
SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on March 26 denied a motion for panel rehearing in a securities class action lawsuit and issued an amended memorandum reversing and remanding a federal district court's dismissal of the action for failure to plead falsity (In re Finisar Corp. Securities Litigation, No. 13-17199, 9th Cir.; 2016 U.S. App. LEXIS 5653).
RICHMOND, Va. - A Fourth Circuit U.S. Court of Appeals panel on March 28 reversed a federal judge in South Carolina's decision finding that an arbitrator should decide if a putative class's construction defects claims are subject to arbitration, ruling that fundamental differences between bilateral and class arbitration are a gateway question for the court (Del Webb Communities Inc., et al. v. Roger F. Carlson, et al., No. 15-1385, 4th Cir.; 2016 U.S. App. LEXIS 5700).
PHILADELPHIA - In a March 28 brief opposing a motion to quash by Bill Cosby's attorney, a one-time accuser of the comedian argued in Pennsylvania federal court that documents and information sought from the attorney are relevant to her present defamation lawsuit against a Pennsylvania district attorney (D.A.) and to responding to Cosby's pending motion to intervene in the present suit (Andrea Constand v. Bruce Castor, No. 2:15-cv-05799, E.D. Pa.).
TAMPA, Fla. - A mechanic is qualified to offer an opinion as to the mechanical condition of a slide-out room on a recreational vehicle (RV) in a breach of warranty lawsuit, a Florida federal judge ruled March 28, denying a motion to exclude (Michael Johnson and Karla Johnson v. Thor Motor Coach, Inc., No. 15-85, M.D. Fla.; 2016 U.S. Dist. LEXIS 40193).
BROOKLYN, N.Y. - A pool company owner is not qualified to offer testimony regarding the standard of care or breach thereof related to the subject pool or waterslide design or the designs' alleged causation of a plaintiff's injuries, a New York federal magistrate judge ruled March 28, excluding the owner's testimony in a personal injury lawsuit (Bruno Pierre v. Hilton Rose Hall Resort & Spa, et al., No. 14-3790, E.D. N.Y.; 2016 U.S. Dist. LEXIS 40053).
ROCHESTER, N.Y. - A New York federal judge on March 25 denied a motion seeking to allow a deceased man's estate to replace him as the lead plaintiff in a proposed class complaint accusing a timeshare company of violating the Telephone Consumer Protection Act (TCPA) by placing unsolicited phone calls to the man's cellular telephone (Mark Hannabury v. Hilton Grand Vacations Company, LLC, No. 14-6126, W.D. N.Y.; 2016 U.S. Dist. LEXIS 39493).
WASHINGTON, D.C. - The U.S. Supreme Court on March 28 invited the U.S. solicitor general to file a brief expressing the views of the United States in a foreign arbitral award proceeding (Government of Belize v. Belize Social Development Ltd., No. 15-830, U.S. Sup.).