SAN FRANCISCO - A divided Ninth Circuit U.S. Court of Appeals panel on Dec. 16 denied a petition for rehearing en banc filed by student-athletes after the same Ninth Circuit panel majority ruled Sept. 30 that National Collegiate Athletic Association (NCAA) regulations are subject to antitrust scrutiny, and pursuant to the Rule of Reason, the NCAA must allow its schools to provide compensation to their student-athletes up to the cost of attendance but eliminated the possibility of revenue sharing with the athletes (Edward C. O'Bannon, Jr., et al. v. National Collegiate Athletic Association, AKA The NCAA, et al., Nos. 14-16601 and 14-17068, 9th Cir.).
SAN FRANCISCO - A California federal judge on Dec. 11 allowed a plaintiff who filed a wage-and-hour class action against Best Buy Stores L.P. to amend her complaint a second time, despite the retailer's argument that the motion should be denied due to the plaintiff's undue delay (Starvona Harris v. Best Buy Stores, L.P., No. 15-657, N.D. Calif.; 2015 U.S. Dist. LEXIS 166520).
FRESNO, Calif. - A California federal magistrate judge on Dec. 11 excluded an expert's report and testimony as to dollar figures of his aggregate damages analysis for rest break premiums, meal period premiums and underpaid meal premium classes for damages pursuant to California Labor Code Section 226.7 (Sandrika Medlock, et al. v. Taco Bell Corp., et al., No. 07-01314, E.D. Calif.; 2015 U.S. Dist. LEXIS 167128).
NEW ORLEANS - A Louisiana federal judge on Dec. 11 granted final approval to a settlement by Unum Life Insurance Company of America whereby it will pay $3,738,402 to end a class claim that it erred when it failed to include perpetuity payments when it calculated Humana Inc. disabled workers' long-term disability payments (Mary J. Kemp v. Unum Life Insurance Company of America, No. 14-944, E.D. La.; 2015 U.S. Dist. LEXIS 166164).
ASHEVILLE, N.C. - A professional engineer may not testify as to whether the procedure used by a ski resort to manually remove ice by knocking it down is a common industry practice in ski resorts and that the procedure was sufficient to satisfy any duty of care owed to visitors, a North Carolina federal magistrate judge ruled Dec. 11 (Rachel Palacino and John Palacino v. Beech Mountain Resort, Inc., No. 13-334, W.D. N.C.; 2015 U.S. Dist. LEXIS 166242).
WASHINGTON, D.C. - An appellate panel erred when it upheld a class settlement in which class counsel received more than 94 percent of the total cash recovery provided in the agreement and where donations of the defendant's product to a charity of its choosing was considered part of the settlement's value, Theodore H. Frank of the Competitive Enterprise Institute Center for Class Action Fairness argues in his petition for writ of certiorari filed Dec. 11 in the U.S. Supreme Court (Theodore H. Frank v. Joshua D. Poertner, et al., No. 15-765, U.S. Sup.).
PHILADELPHIA - Patent holders were ordered Dec. 14 by a Pennsylvania federal judge to produce several unredacted or previously withheld documents in a dispute over alleged "sham litigation" (Federal Trade Commission v. AbbVie Inc., et al., No. 14-5151, E.D. Pa.; 2015 U.S. Dist. LEXIS 166723).
WASHINGTON, D.C. - In a Dec. 10 order, the U.S. Judicial Panel on Multidistrict Litigation (JPMDL) consolidated nine putative class actions over a data security breach of a medical technology firm in Indiana federal court (In re: Medical Informatics Engineering Inc. Customer Data Security Breach Litigation, No. MDL No. 2667, JPMDL; 2015 U.S. Dist. LEXIS 166044).
DENVER - A Colorado federal judge on Dec. 10 denied a motion for reconsideration or to alter or amend a July 1 order vacating class certification in a lawsuit filed by car rental agency customers who claim that they were charged for added-on extras to which they didn't agree (Dr. Allen Friedman, et al. v. Dollar Thrifty Automotive Group, Inc., d/b/a Dollar Rent A Car, et al., No. 12-2432, D. Colo.; 2015 U.S. Dist. LEXIS 166359).
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Dec. 14 issued a decision discontinuing an arbitration commenced by more than 70 Italian individuals and entities in relation to their alleged investments in Argentina for failure to pay $400,000 in ICSID fees and costs (Giovanni Alemanni and others v. Argentine Republic, No. ARB/07/8, ICSID).
DENVER - A Drug Enforcement Agency (DEA) special agent may testify on practices and code language commonly used by drug traffickers premised upon on her prior law enforcement experience and her perception of the meanings of particular words and phrases used in communications in a language she does not speak, a Colorado federal judge ruled Dec. 10 (United States of America v. Martin Javier Alamos-Delgado, et al., No. 10-00327, D. Colo.; 2015 U.S. Dist. LEXIS 165711).
NEW YORK - A New York federal magistrate judge on Dec. 10 denied preliminary approval of a $795,000 settlement to end class claims filed on behalf of MG Holdings L.P. and Madison Square Garden (collectively, MSG) unpaid interns who seek wages (Christopher Fraticelli, et al. v. MSG Holdings, L.P., et al., No. 13-6518, S.D. N.Y.; 2015 U.S. Dist. LEXIS 166004).
ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on Dec. 10 affirmed a jury's conviction of a man for distributing cocaine because there was no error in the admission of expert testimony on drug jargon (United States of America v. Ismael Aldana Moralez, No. 14-3702, 8th Cir.; 2015 U.S. App. LEXIS 21341).
SINGAPORE - Manila Water Co. Inc. on Dec. 10 announced that it has filed a notice of arbitration against the Republic of the Philippines with the Permanent Court of Arbitration (PCA).
SAN DIEGO - A California federal judge on Dec. 9 decertified a class of J.C. Penney Corp. (JCP) workers in a suit in which they allege that they were denied pay for unused vacation time upon termination, finding that the class definition was "unworkable" (Raymond Tschudy, et al. v. J.C. Penney Corporation, No. 11-1011, S.D. Calif.; 2015 U.S. Dist. LEXIS 165897).
WASHINGTON, D.C. - A California appellate panel erred when it refused to enforce an arbitration clause contained in a cable provider's customer agreement, a divided U.S. Supreme Court ruled Dec. 14, finding that the appellate panel's interpretation was preempted by the Federal Arbitration Act (FAA) (DIRECTV, Inc. v. Amy Imburgia, et al., No. 14-462, U.S. Sup.).
LOS ANGELES - A federal judge in California on Dec. 9 dismissed a securities class action complaint against an Internet startup company and certain of its executive officers, ruling that lead plaintiffs in the action failed to properly plead any actionable misrepresentation or scienter in making their federal securities law claims (Satyabrata Mahapatra v. TrueCar Inc., et al., No. 15-3979, C.D. Calif.).
PHILADELPHIA - Admitting certain expert testimony on the causation of insureds' damage to their home, a Pennsylvania federal judge on Dec. 9 found that issues of fact exist as to the cause of damage to the property (Maria Stochel and Eugene Nowakowsky v. Allstate Property and Casualty Insurance Co., No. 15-231, E.D. Pa.; 2015 U.S. Dist. LEXIS 164764).
SAN DIEGO - A California federal judge on Dec. 10 refused an employer's request to transfer a case filed against it by a former employee who asserts causes of action for violation of California's unfair competition law (UCL) and California's Private Attorneys' General Act of 2004 (PAGA) but found that the PAGA claim must be arbitrated (Anh BUI, individually and on behalf of all others similarly situated, v. Northrop Grumman Systems Corp., No. 15-cv-1397, S.D. Calif.; 2015 U.S. Dist. LEXIS 165878).
GENEVA - A law firm on Dec. 8 announced that a tribunal for the International Chamber of Commerce (ICC), International Court of Arbitration has issued a decision in arbitration between a Mediterranean gas company and two Egyptian entities, awarding the company $324 million.
MARSHALL, Texas - A noninfringement expert may not offer any testimony at trial that relies on a purported plain and ordinary meaning of "single memory location," "processor" or "processor connected to said data bus" in a patent infringement lawsuit, a Texas federal magistrate judge ruled Dec. 8 (ZiiLabs Inc. v. Samsung Electronics Co. Ltd., et al., No. 14-203, E.D. Texas; 2015 U.S. Dist. LEXIS 164442).
SAN FRANCISCO - A California federal judge on Dec. 9 expanded the class of drivers who have driven in California for Uber Technologies Inc. and allege that they were improperly classified as independent contractors and denied reimbursement for all necessary expenditures, as well the full amount of gratuity left by customers (Douglas O'Connor, et al. v. Uber Technologies, Inc., No. 13-3826, N.D. Calif.; 2015 U.S. Dist. LEXIS 165182).
MADISON, Wis. - A trial judge properly considered other indicia of reliability in permitting expert testimony from a social worker who had extensive experience with child sexual assault victims and the behaviors exhibited by such victims, a Wisconsin appeals panel affirmed Dec. 9 (State of Wisconsin v. Larry J. Smith, No. 2014AP2653, Wis. App., Dist. 2; 2015 Wisc. App. LEXIS 856).
LOS ANGELES - A federal judge in California on Dec. 8 granted final approval of a $15 million securities class action settlement, ruling that the settlement, plan of allocation and attorneys' fees sought are reasonable (Mark Roberti v. OSI Systems Inc., et al., No. 13-9174, C.D. Calif.; 2015 U.S. Dist. LEXIS 164312).
HOUSTON - A federal judge in Texas on Dec. 7 granted a shareholder's motion for appointment as lead plaintiff, ruling that it has shown that it has the largest financial interest in the litigation and has met all statutory requirements for appointment (In re Plains All American Pipeline L.P. Securities Litigation, No. 15-2404, S.D. Texas; 2015 U.S. Dist. LEXIS 163811).