ST. LOUIS - A plaintiff in a copyright infringement lawsuit may testify on the method and means by which an advertising agency removed and changed the metadata from his photographs, a Missouri federal judge ruled Nov. 5 (Stephen Kennedy v. Gish, Sherwood & Friends, Inc., No. 13-2236, E.D. Mo.; 2015 U.S. Dist. LEXIS 150239).
DENVER - An expert's opinions are reliable and relevant to the issue of damages in a breach of payment bond dispute, and any confusion regarding his identification of two defendants can be rectified by jury instructions, a Colorado federal judge ruled Nov. 5, denying a motion to exclude the expert's testimony (Parker Excavating, Inc. v. Lafarge West, Inc., et al., No. 14-01534, D. Colo.; 2015 U.S. Dist. LEXIS 150297).
HOUSTON - A Texas federal judge on Nov. 4 granted a summary judgment motion filed by Wells Fargo Bank N.A. and Wachovia Mortgage Corp. (collectively, Wells Fargo) in a wage-and-hour multidistrict litigation, finding that the claims remaining after many of the plaintiffs settled are barred under the doctrine of res judicata (In re: Wells Fargo Wage and Hour Employment Practices Litigation [No. III], No. 11-2266, S.D. Texas; 2015 U.S. Dist. LEXIS 149715).
WASHINGTON, D.C. - In its Nov. 9 order list, the U.S. Supreme Court denied without comment a petition for certiorari by a man who claimed that his rights under the Fourth Amendment to the U.S. Constitution were violated when a trial court ordered production of cellular site information records, which were used to convict him, without a search warrant issued with a showing of probable cause (Quartavius Davis v. United States of America, No. 15-146, U.S. Sup.; 2015 U.S. LEXIS 7148).
SAN FRANCISCO - A California federal judge on Nov. 7 granted summary judgment to Apple Inc. in a class suit filed by retail workers seeking compensation for the time they spent waiting in line for and undergoing a security check of their bags before leaving after their shifts were over (Amanda Frlekin, et al. v. Apple Inc., Nos. 13-3451, 13-3775 and 13-4727, N.D. Calif.; 2015 U.S. Dist. LEXIS 92768).
ORLANDO, Fla. - An expert offered by the Federal Deposit Insurance Corp. can testify in its lawsuit on the allegations that a title company breached its duty by failing to comply with closing instructions in connection with two residential loan transactions, a Florida federal magistrate judge ruled Nov. 4 (Federal Deposit Insurance Corp. v. Attorneys Title Insurance Fund, Inc., No. 14-1105, M.D. Fla.; 2015 U.S. Dist. LEXIS 149751).
SANTA ANA, Calif. - The lead plaintiff in a putative class action alleging violations of California's Consumers Legal Remedies Act (CLRA) engaged in spoliation by disposing of his computer's hard drive containing pertinent emails, Barnes & Noble Inc. (BN) told a California federal court in a Nov. 5 sanctions motion (Kevin Khoa Nguyen v. Barnes & Noble Inc., No. 8:12-cv-00812, C.D. Calif.).
JACKSON, Miss. - A trial court's denial of funds to a man in order to hire an expert did not violate his due process, a Mississippi appeals panel ruled Nov. 3, upholding a jury's conviction of the man of deliberate design murder (Theotus Barnett v. State of Mississippi, No. 2013-KA-01946-COA, Miss. App.; 2015 Miss. App. LEXIS 557).
WASHINGTON, D.C. - A District of Columbia federal judge on Nov. 4 granted in part a motion for a protective order by the U.S. government related to an upcoming deposition of a Federal Bureau of Investigation agent in a Privacy Act case related to emails that were leaked to the media, while also directing the FBI to provide responses to previously unanswered deposition questions and written discovery requests (Gilberte Jill Kelley, et al. v. Federal Bureau of Investigation, et al., No. 1:13-cv-00825, D. D.C.).
SAN JOSE, Calif. - A California federal judge on Nov. 2 granted a store's motion to stay a case in which claimants allege claims for violation of California's unfair competition law (UCL) and other causes of action in relation to misleading ingredient labels, pending the outcome of decisions in three similar cases currently before the Ninth Circuit U.S. Court of Appeals (Karen Thomas, et al. v. Costco Wholesale Corp., No. 12-cv-02908, N.D. Calif.; 2015 U.S. Dist. LEXIS 149060).
SACRAMENTO, Calif. - A California federal judge on Nov. 3 granted final approval of the settlement in a class action brought by consumers who alleged that a clothing store chain improperly collected their personal information in conjunction with credit card purchases in violation of California law (Heidi Anderson-Butler, et al. v. Charming Charlie LLC, et al., No. 2:14-cv-01921, E.D. Calif.; 2015 U.S. Dist. LEXIS 149080).
PITTSBURGH - Citing the untimeliness of an expert report in a products liability case, a Pennsylvania federal judge on Nov. 3 excluded testimony that the absence of markings on a fire extinguisher shows that a plaintiff did not attempt to use it (Gretchen McDaniel, Matthew McDaniel and Allstate Property and Casualty Insurance Co. v. Kidde Residential & Commercial and Sam's Club, No. 12-1439, W.D. Pa.; 2015 U.S. Dist. LEXIS 148892).
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Nov. 4 released a decision in an investment dispute filed by a Portuguese company against Hungary in relation to its investment in a company that supplied baked goods in Europe, finding that it has jurisdiction to hear the dispute (Dan Cake [Portugal] S.A. v. Hungary, No. ARB/12/9, ICSID).
WASHINGTON, D.C. - The U.S. Supreme Court on Nov. 2 declined to review a Second Circuit U.S. Court of Appeals ruling upholding the dismissal of a securities class action lawsuit (Boca Raton Firefighters and Police Pension Fund v. Robert J. Bahash, et al., No. 15-88, U.S. Sup.).
SUNNYVALE, Calif. - A California corporation on Nov. 4 announced that the International Chamber of Commerce (ICC) International Court of Arbitration has issued an interim award in an arbitration filed against it by a medical holding company, awarding the claimant $3.4 million in damages and granting some of the corporation's counterclaims.
SAN FRANCISCO - In a patent infringement lawsuit against Apple Inc., a California federal magistrate judge on Nov. 2 declined a request to exclude design alternatives referenced in an expert's report in support of Apple's assertion of noninfringement by its products (Aylus Networks, Inc. v. Apple Inc., No. 13-04700, N.D. Calif.; 2015 U.S. Dist. LEXIS 148409).
CHICAGO - In a breach-of-agreement lawsuit, an Illinois federal judge on Nov. 1 excluded testimony regarding a clean-room design, the termination of the supply agreement and the disclosure of trade secrets to third parties (Miller UK Ltd. and Miller International Ltd. v. Caterpillar, Inc., No. 10-03770, N.D. Ill.; 2015 U.S. Dist. LEXIS 147843).
BENTON, Ill. - After denying several motions to exclude testimony, an Illinois federal judge on Nov. 3 granted a request to certify a statutory consumer fraud class in a lawsuit against the manufacturers of single-serve coffee cups (Linda Suchanek, et al. v. Sturm Foods, Inc. and Treehouse Foods, Inc., No. 11-565, S.D. Ill.; 2015 U.S. Dist. LEXIS 148729).
WASHINGTON, D.C. - A District of Columbia federal judge on Nov. 3 granted an application filed by the Republic of Guinea to stay a petition to enforce an international arbitration award for 38.5 million euros issued in favor of a company hired to develop a Guinea port, pending the outcome of an application in a foreign court to annul the award (In the matter of the Arbitration of Certain Controversies Between Getma International and The Republic of Guinea, No. 14-1616, D. D.C.; 2015 U.S. Dist. LEXIS 148482).
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Nov. 3 dismissed all of an investor's claims asserted against the Sultanate of Oman, finding that Oman did not expropriate his investment in a limestone quarry operation (Adel A. Hamadi Al Tamimi v. Sultanate of Oman, No. ARB/11/33, ICSID).
WASHINGTON, D.C. - Shareholders and Bank of America Corp. (BoA) have agreed to a $335 million settlement in a securities class action lawsuit alleging that BoA and certain executive officers and directors issued misrepresentations in connection with the sale of mortgage-backed securities (MBS) in violation of federal securities laws, according to documents filed Oct. 30 with the Securities and Exchange Commission (Pennsylvania Public School Employees' Retirement System v. Bank of America Corp., et al., No. 11-733, S.D. N.Y.).
SAN DIEGO - A for-profit post-secondary education company and certain of its officers and directors have agreed to pay more than $15 million to settle claims that they misrepresented the accreditation status of one of the company's colleges in violation of federal securities laws, according to court documents filed in a California federal court on Oct. 30 (In re Bridgepoint Education Inc. Securities Litigation, No. 12-1737, S.D. Calif.).
MADISON, Wis. - A Wisconsin federal judge on Nov. 2 denied summary judgment to insurers on their declaratory judgment claim seeking a declaration of no duty to defend or indemnify a proposed class action lawsuit against a window company for alleged defects in windows (Mary Haley, et al. v. Kolbe & Kolbe Millwork Co. Inc., Fireman's Fund Insurance Co. and United States Fire Insurance Co., No. 14-99, W.D. Wis.; 2015 U.S. Dist. LEXIS 148023).
SAN JOSE, Calif. - Judgment on the pleadings in an insurance bad faith lawsuit is proper because the plaintiff failed to show that she has a valid claim under California law, a federal judge in California ruled Oct. 29 (Celia Stauty Luis v. Metropolitan Life Insurance Co., No. 14-4436, N.D. Calif.; 2015 U.S. Dist. LEXIS 147747).
EAST ST. LOUIS, Ill. - A federal jury in Illinois hearing an asbestosis case involving exposures in the U.S. Navy found for lone remaining defendant John Crane Inc. on Oct. 29 (Andrew V. Kochera v. General Electric Co., et al., No. 14-29, S.D. Ill.; 2015 U.S. Dist. LEXIS 125726).