WASHINGTON, D.C. - The Equal Employment Opportunity Commission announced March 1 that it has filed its first two gender discrimination suits based on sexual orientation, bringing claims under Title VII of the Civil Rights Act of 1964 (U.S. Equal Employment Opportunity Commission v. Scott Medical Health Center, P.C., No. 16-225, W.D. Pa.; U.S. Equal Employment Opportunity Commission v. Pallet Companies d/b/a IFCO Systems NA, Inc., No. 16-595, D. Md.).
CENTRAL ISLIP, N.Y. - A New York federal magistrate judge on Feb. 26 granted a motion for conditional certification of a collective action brought by a dishwasher who alleges that his former employer skirted overtime wages by using two time cards per worker (Orbin Zaldivar, et al. v. JMJ Caterers, Inc. d/b/a The Metropolitan, et al., No. 14-924, E.D. N.Y.; 2016 U.S. Dist. LEXIS 23969).
ATLANTIC CITY, N.J. - A class complaint, initially filed in New Jersey state court on Feb. 26 and amended on Feb. 29, accuses a New Jersey medical center of exposing more than 200 patients to HIV, hepatitis B or hepatitis C between June 1, 2013, and Sept. 17, 2014 (R.S., et al. v. Shore Medical Center, et al., No. ATL-L-394-16, N.J. Super., Atlantic Co.).
WASHINGTON, D.C. - An ad hoc committee for the International Centre for Settlement of Investment Disputes (ICSID) on March 1 released its decision to partially lift a stay of enforcement of an award issued in favor of investors, lifting the stay in relation to an undisputed damages award of $27.4 million (Tidewater Inc., et al. v. The Bolivarian Republic of Venezuela, No. ARB/10/5 ICSID).
HOUSTON - A former police officer may testify in a constitutional rights lawsuit about how an officer should have acted differently in a fatal shooting where a man was unarmed, a Texas federal judge ruled Feb. 29 (Audry L. Releford Jr., et al. v. City of Houston, et al., No. 14-2810, S.D. Texas; 2016 U.S. Dist. LEXIS 24729).
BROOKLYN, N.Y. - Denying a motion to compel Apple Inc. to assist the U.S. government in gaining access to an iPhone seized in a criminal investigation, a New York federal magistrate judge on Feb. 29 found that the government "failed to establish . . . that the [All Writs Act] permits the relief it seeks" (In re Order Requiring Apple Inc. to Assist in the Execution of a Search Warrant Issued by This Court, No. 1:15-mc-01902, E.D. N.Y.).
SAN FRANCISCO - Affirming a District Court's dismissal order, a Ninth Circuit U.S. Court of Appeals panel on Feb. 25 found that a putative class complaint over "Siri," the digital assistant on Apple Inc.'s iPhones, lacked the necessary specificity to support unfair competition and misrepresentation claims (In re iPhone 4S Consumer Litigation, No. 14-15487, 9th Cir.; 2016 U.S. App. LEXIS 3373).
CHICAGO - Supporting its motion for a protective order in a putative class action alleging violation of the Illinois Biometric Information Privacy Act (BIPA), photo-sharing website operator Shutterfly Inc. on March 1 told an Illinois federal court that the plaintiff's noticed deposition does not make "logical sense at this stage of the proceedings" (Brian Norberg v. Shutterfly Inc., et al., No. 1:15-cv-05351, N.D. Ill.).
NEW YORK - Six unnamed inmates currently in the custody of the New York State Department of Corrections and Community Supervision (DOCCS) filed a class complaint Feb. 26 in New York federal court alleging that officials have failed to take reasonable steps to protect them from alleged rampant sexual abuse in state women's prisons (Jane Jones 1, et al. v. Department of Corrections and Community Supervision ["DOCCS"], et al., No. 16-1473, S.D. N.Y.).
NEW ALBANY, Ind. - The Indiana Protection and Advocacy Services Commission and an individual filed a class complaint Feb. 25 in Indiana federal court accusing state officials of discriminating against individuals with mental illness who reside in institutions by impeding their right to vote (Indiana Protection and Advocacy Services Commission, et al. v. Indiana Secretary of State, et al., No. 16-29, S.D. Ind.).
BALTIMORE - A Maryland federal judge on Feb. 25 granted a motion to transfer a class complaint filed by former National Football League players against several dozen clubs over the use of prescription medications to a California federal court where the same counsel previously filed a related case against the NFL (Etopia Evans, et al. v. Arizona Cardinals Football Club, LLC, et al., No. 15-1457, D. Md.; 2016 U.S. Dist. LEXIS 23525).
MADISON, Wis. - A Wisconsin federal judge on Feb. 26 again granted class certification in a suit accusing a bank of violating the Driver's Privacy Protection Act (DPPA) and the common law of nuisance by disclosing individuals' unredacted driver's license numbers in small claims court complaints (Brian Eggen, et al. v. WESTconsin Credit Union, No. 14-873, W.D. Wis.; 2015 U.S. Dist. LEXIS 173100).
NEW CASTLE, Del. - In a lawsuit against power plant operators for their alleged unlawful dumping of toxic coal ash waste, an expert may not testify as to concentrations and dispersion of polycyclic aromatic hydrocarbons (PAHs), a Delaware judge ruled Feb. 26, granting in part a motion to exclude (Anajai Calcano Pallano, et al., v. The AES Corp., et al., No. N09C-11-021 JRJ, Del. Super., New Castle Co.; 2016 Del. Super. LEXIS 101).
NEW YORK - A shareholder filed a securities class action lawsuit in New York federal court on Feb. 24, alleging that a global resources company and certain of its executive officers and directors misrepresented the safety protocols at its mining facilities in violation of federal securities laws (Jackson County Employees' Retirement System v. BHP Billiton Limited, et al., No. 16-1445, S.D. N.Y.).
TACOMA, Wash. - After finding that a Singapore arbitration agreement did not apply to a dispute over a loan and ownership transfer, a Washington federal judge on Feb. 26 granted a marine logistics and support provider's motion to remand its claims to state court (Ezion Holdings Limited v. Teras Cargo Transport Pte Ltd., et al., No. 3:15-CV-05919, W.D. Wash.; 2016 U.S. Dist. LEXIS 24087).
WILMINGTON, Del. - Two damage experts are precluded from testifying on a survey unrelated to patented invention at issue in an infringement lawsuit to calculate how many customers use the patented features of the accused products, a Delaware federal judge ruled Feb. 25, finding that the methodology is unreliable (M2M Solutions LLC v. Motorola Solutions, Inc., et al., No. 12-33, D. Del.; 2016 U.S. Dist. LEXIS 22944).
WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 29 denied a petition for writ of certiorari filed by former National Football League players appealing a $42 million class settlement that ended a suit over the use of the players' likenesses and identities in videos made to generate revenue and promote the NFL (James Lawrence Marshall, et al. v. National Football League, No. 15-645, U.S. Sup.).
DENVER - A trial court correctly barred experts from testifying as to the cause of a man's fall from a ladder, the 10th Circuit U.S. Court of Appeals upheld Feb. 25, finding that without expert causation testimony, a waste facility was entitled to summary judgment on a premises liability claim (Anthony Taber and Markeeta Taber v. Allied Waste Systems, Inc. v. Mansfield Oil Company of Gainesville, Inc., Nos. 15-6113 & 15-6120, 10th Cir.; 2016 U.S. App. LEXIS 3587).
LINCOLN, Neb. - A trial judge did not err in overruling a motion to exclude testimony from a pathologist on an autopsy in a murder case nor did the judge err in allowing all evidence that arose out of the autopsy, the Nebraska Supreme Court ruled Feb. 26, rejecting a defendant's argument that he was unable to perform tests following the cremation of the body (State of Nebraska v. Eric M. Henry, No. S-14-519, Neb. Sup.; 2016 Neb. LEXIS 28).
WASHINGTON, D.C. - Parties in a price-fixing class suit pending before the U.S. Supreme Court filed a joint motion Feb. 25 to hold the petition for writ of certiorari in abeyance, just a day before the petitioner, Dow Chemical Co., announced that it agreed to pay $835 million to settle the suit (Dow Chemical Company v. Industrial Polymers, Inc., et al., No. 14-1091, U.S. Sup.).
SAN FRANCISCO - Counsel's and a private investigator's declarations attesting to a sincere campaign to build a case overcome allegations of bad faith in pursuing the defendant, a federal judge held in remanding a case Feb. 24 (Richard Cesarin v. Asbestos Corporation Limited, et al., No. 15-6056, N.D. Calif.; 2016 U.S. Dist. LEXIS 22718).
NEW YORK - A federal judge in New York on Feb. 24 granted a shareholder's motion for appointment as lead plaintiff and for the appointment of a law firm as lead counsel in a securities class action lawsuit against a party supplies designer and manufacturer and certain of its executive officers but denied the shareholder's request for a second law firm to be named co-lead counsel (Roy Jones v. Party City Holdco Inc., et al., No. 15-9080, S.D. N.Y.).
DOUGLAS, Isle of Man - An Isle of Man resource company on Feb. 24 announced that it will commence arbitration in relation to the transfer of interest in a Peruvian mining project if the current owners of the project fail to comply with the terms of a joint venture agreement.
WILMINGTON, Del. - Despite the objections of the patent holder plaintiffs in three related infringement lawsuits, a Delaware federal judge on Feb. 23 found that reports and emails sought via discovery subpoenas were not protected under the work product doctrine or common interest privilege, leading him to grant the defendants' motion to compel (Delaware Display Group LLC, et al. v. Lenovo Group Ltd., et al., Nos. 1:13-cv-02108, 1:13-cv-02109 and 1:13-cv-02112, D. Del.; 2016 U.S. Dist. LEXIS 21461).
SAN FRANCISCO - An artificial intelligence (AI) company saw its subpoena for documents from a law firm that previously represented it quashed on Feb. 24 by a California federal magistrate judge, who found that the federal fiduciary exception to the attorney-client privilege did not apply (Loop AI Labs Inc. v. Anna Gatti, et al., No. 3:15-cv-00798, N.D. Calif.; 2016 U.S. Dist. LEXIS 22656).