NEW HAVEN, Conn. -
SAN DIEGO - A California federal judge on July 22 dismissed, with leave to amend, a class complaint accusing Dooney & Bourke Inc. (D&B) of falsely inflating "original" prices on its merchandise sold in outlet stores (Monica Rael, et al. v. Dooney & Bourke, Inc., et al., No. 16-371, S.D. Calif.; 2016 U.S. Dist. LEXIS 96175).
PHILADELPHIA - Finding that the Federal Election Campaign Act (FECA) governs the timing for public release of finance records for the July 2016 Democratic National Convention (DNC), a Pennsylvania judge on July 25 denied a reporter's motion to compel early disclosure of the records, finding Pennsylvania's Right-to-Know Law (RTKL) preempted by the federal statute (Dustin Slaughter v. Paul Deegan, et al., No. 1212, Pa. Comm. Pls., Philadelphia Co.).
MIAMI - A Florida federal judge on July 22 granted final approval of a class settlement, estimated to have a value ranging from $29.9 million to $73.6 million, ending a suit filed against the companies that manufactured and sold eight models of pistols that are alleged to have a defect that causes them to fire unintentionally (Chris P. Carter, et al. v. Forjas Taurus S.A., et al., No. 13-24583, S.D. Fla.; 2016 U.S. Dist. LEXIS 96054).
WASHINGTON, D.C. - A federal claims judge on July 21 allowed expert testimony on the topographical survey for a project showing that it was incomplete and that the project plans and specifications were improperly copied from a prior project (Magnus Pacific Corp. v. The United States, No. 13-859 C, Fed. Clms.; 2016 U.S. Claims LEXIS 974).
LOS ANGELES - A drug maker will pay $95 million to settle claims that it misrepresented certain safety concerns with two of its products in violation of federal securities laws, according to a motion for preliminary approval of settlement filed July 21 in California federal court (In re Amgen Inc. Securities Litigation, No. 07-2536, C.D. Calif.).
SAN FRANCISCO - Two weeks after the Michigan Supreme Court determined that the lead plaintiff in a putative class action against Pandora Media Inc. did not constitute a customer of Pandora's online streaming service per Michigan's Video Rental Privacy Act (VRPA), a Ninth Circuit U.S. Court of Appeals panel on July 21 affirmed a lower court's dismissal of the suit (Peter Deacon v. Pandora Media Inc. No. 12-17734, 9th Cir.; 2016 U.S. App. LEXIS 13333).
DALLAS - After finding that it is possible that an arbitration clause falling under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards could provide a defense to claims asserted by two entities against former employees, a Texas federal judge on July 21 refused to remand the case to state court (Valtech Solutions Inc., et al. v. Deborah Davenport, et al., No. 3:15-CV-3361, N.D. Texas; 2016 U.S. Dist. LEXIS 95098).
SAN JOSE, Calif. - A California federal judge on July 20 dismissed a petition to confirm an arbitral award, finding that the claimant invoked the wrong cause of action, but granted him leave to refile to properly invoke 9 U.S. Code Section 207 (Xiangkai Xu v. China Sunergy [US] Clean Tech Inc., et al., No. 15-cv-04823-HRL, N.D. Calif.; 2016 U.S. Dist. LEXIS 94906).
CHICAGO - An art historian may opine that if a signature were authenticated, the market value for a piece of art would be between $6 million and $8 million, an Illinois federal judge ruled July 21, declining to exclude the historian's testimony (Robert Fletcher and Bartlow Gallery Ltd. v. Peter Doig, No. 13-3270, N.D. Ill.; 2016 U.S. Dist. LEXIS 95081).
ST. LOUIS - A district court erred when it refused to reconsider post-removal evidence filed by the St. Louis Rams LLC and other associated entities (collectively, Rams) before ruling that a class complaint accusing the defendants of violating the Missouri Merchandising Practices Act in connection with the defendants' relocation of their professional football team to Los Angeles belongs in state, not federal, court, the Eighth Circuit U.S. Court of Appeals ruled July 19, vacating the District Court's order (James Pudlowski, et al. v. The St. Louis Rams, LLC, et al., No. 16-8009, 8th Cir.; 2016 U.S. App. LEXIS 13147).
WARREN, Ohio - A trial court did not err in allowing expert testimony as to causation for an injury to the femoral nerve in a medical malpractice lawsuit, a majority of an Ohio appeals panel ruled July 18 (Jane L. Gordon v. Trumbull Memorial Hospital c/o National Registered Agents, Inc., et al., No. 2015-T-0080, Ohio App., 11th Dist.; 2016 Ohio App. LEXIS 2802).
DENVER - A trial court properly allowed expert testimony on causation in an insurance coverage dispute over injuries suffered in an auto collision, the 10th Circuit U.S. Court of Appeals held July 19, affirming that the insured presented evidence that a reasonable jury could find that his claim for benefits was fairly debatable (Donald L. Etherton v. Owners Insurance Co., No. 14-1164, 10th Cir.; 2016 U.S. App. LEXIS 13156).
CHICAGO - In a July 19 ruling, a Seventh Circuit U.S. Court of Appeals panel affirmed discovery sanctions against an attorney in a "porno-trolling collective" for what it called egregious and obstructive behavior in failing to comply with a trial court's sanctions awards against it in the wake of a dismissed file-sharing lawsuit (Lightspeed Media Corp., et al. v. Anthony Smith, et al., No. 15-2440, 7th Cir.; 2016 U.S. App. LEXIS 13195).
WASHINGTON, D.C. - A discovery guide created by the U.S. Department of Justice and used by federal prosecutors qualifies as attorney work product, a District of Columbia U.S. Court of Appeals panel ruled July 19, affirming a trial court's finding that the DOJ did not need to produce the manual in response to a Freedom of Information Act (FOIA) request (National Association of Criminal Defense Lawyers v. U.S. Department of Justice Executive Office for United States Attorneys, et al., No. 15-5051, D.C. Cir.; 2016 U.S. App. LEXIS 13141).
SAN FRANCISCO - A federal judge in California on July 18 granted preliminary approval of a $23.5 million settlement between shareholders and a semiconductor company and others in a securities class action lawsuit, appointing shareholders as class counsel and approving the proposed settlement class (Keith Thomas, et al. v. MagnaChip Semiconductor Corp., et al., No. 14-1160, N.D. Calif.).
LOS ANGELES - A defendant's "befuddlement" over the conclusion that it destroyed evidence ignores the differing stories the defendant told throughout the litigation, a widow told a federal judge in California July 18 (Victoria Lund, et al. v. Crane Co., et al., No. 13-2776, C.D. Calif.).
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on July 20 released a declarative decision, stating that tribunals appointed in an investment dispute filed by a resource company against the People's Republic of Bangladesh and others have exclusive jurisdiction over the cases and that the respondents must take steps to make the Bangladesh courts aware of ICSID's jurisdiction over the case (Niko Resources [Bangladesh] Ltd. v. People's Republic of Bangladesh, et al., Nos. ARB/10/11 and ARB/10/18, ICSID).
BOSTON - A trial court did not err in excluding expert testimony that a defendant's personality was inconsistent with the profile of a sex abuser, a Massachusetts appeals panel ruled July 15 (Commonwealth v. Ryan Coates, No. 14-P-1547, Mass. App.; 2016 Mass. App. LEXIS 86).
DENVER - The 10th Circuit U.S. Court of Appeals on July 19 affirmed dismissal of a Chinese company's petition to confirm an arbitral award issued in its favor, finding that the other party did not receive sufficient notice of the arbitration in China, rendering the arbitration invalid under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (CEEG [Shanghai] Solar Science & Technology Co., Ltd., No. 15-1256, 10th Cir.; 2016 U.S. App. LEXIS 13192).
PARIS - After determining that the Renco Group Inc. failed to establish that the Republic of Peru consented to arbitration under a treaty, a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on July 19 released its award dismissing all of the group's claims against Peru for lack of jurisdiction (The Renco Group, Inc. v. Republic of Peru, No. [UNCT/13/1], ICSID).
PHILADELPHIA - A power company that was sued by a group of Pennsylvania residents who contend that it is liable for their injuries, including cancer, that stem from exposure to radioactive materials filed a brief in the Third Circuit U.S. Court of Appeals on July 15, arguing that it should let stand a lower court's summary judgment ruling in the company's favor because the plaintiffs lack admissible evidence of specific causation (Michelle McMunn, et al. v. Babcock & Wilcox Power Generation Group Inc., No. 15-3506 [consolidated], 3rd Cir.).
SAN JOSE, Calif. - The plaintiffs in two putative class actions against antivirus software designer McAfee Inc. filed a motion in California federal court on July 14, seeking preliminary approval of a settlement of their claims related to the auto-renewal program associated with subscriptions for the firm's various software packages (Sam Williamson v. McAfee Inc., No. 5:14-cv-00158, and Samantha Kirby v. McAfee Inc., No. 5:14-cv-02475, N.D. Calif.).
CHICAGO - Yahoo Inc. and the lead plaintiff in a lawsuit brought under the Telephone Consumer Protection Act (TCPA) filed simultaneous briefs in Illinois federal court July 15, debating whether the plaintiff had sufficiently pleaded damages to establish standing under Article III of the U.S. Constitution (Rachel Johnson v. Yahoo! Inc., No. 1:14-cv-02028, N.D. Ill.).
NEW YORK - The Second Circuit U.S. Court of Appeals on July 15 affirmed a district court's decision to decertify a class of claimants that asserted a claim for breach of contract against lenders in relation to alleged late fees, finding that it had the authority to decertify the class after a jury verdict and that the plaintiffs failed to meet federal requirements for certifying a class (Joseph Mazzei, et al. v. The Money Store, et al., No. 15-2054, 2nd Cir.; 2016 2016 U.S. App. LEXIS 12994).