PITTSBURGH - Because the materials sought via discovery from certain reporters by a defamation suit plaintiff do not pertain to confidential sources, a Pennsylvania Superior Court panel on June 15 held that its disclosure would not violate the journalist's privilege under the First Amendment to the U.S. Constitution (Dominick D. DiPaolo v. Times Publishing Co., et al., No. 1713 WDA 2014, Pa. Super.; 2016 Pa. Super. LEXIS 323).
NEW YORK - Without providing further detail, the Third Circuit U.S. Court of Appeals on June 15 agreed to hear an appeal of a ruling in a securities class action lawsuit filed in New York federal court that partially dismissed claims against a Brazilian oil company, its outside auditor and others (In re Petrobas Securities Litigation, No. 14-9662, S.D. N.Y.; 2016 U.S. Dist. LEXIS 76844).
MINNEAPOLIS - The federal judge overseeing the National Hockey League (NHL) concussion multidistrict litigation on June 14 signed a stipulated order between former players and nonparty league teams over the production of medical documents (In re: National Hockey League Players Concussion Injury Litigation, MDL No. 14-2551, D. Minn.).
CHICAGO - In a June 15 reply brief supporting its bid to dismiss a class action over a 2015 website hack, a digital smart toys maker tells an Illinois federal court that the plaintiffs have failed to plead any harm in the wake of the theft of their personally identifiable information (PII) (In re VTech Data Breach Litigation, No. 1:15-cv-10889, N.D. Ill.).
NEW ORLEANS - A panel of the Fifth Circuit U.S. Court of Appeals on June 14 issued a mandate affirming the ruling of a district court, which determined that a plaintiff's expert was unreliable in reaching the conclusion that exposure to gasoline containing benzene can cause acute myeloid leukemia (AML) (Yolande Burst v. Shell Oil Company, et al., No. 15-30592, 5th Cir.).
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on June 13 released a procedural order in an action filed by a Guernsey mining company against the Republic of Guinea, establishing a legal framework and rules in relation to transparency in the case (BSG Resources Limited v. Republic of Guinea, No. ARB/14/22, ICSID).
NEW ALBANY, Ind. - An Indiana county on June 13 filed a request for trial by jury in a class complaint filed in the U.S. District Court for the Southern District of Indiana by a former inmate who alleges that women held in the jail are denied adequate feminine hygiene products and clean clothing (Melissa Houglin v. Clark County, Indiana, et al., No. 16-1331, S.D. Ind.).
PADUCAH, Ky. - A doctor is qualified to offer medical testimony that a plaintiff is physically capable of returning to work as a vessel cook, a Kentucky federal judge ruled June 10, allowing the expert testimony in the general maritime lawsuit (William Webb v. Crounse Corp., No. 14-00133, W.D. Ky.; 2016 U.S. Dist. LEXIS 75802).
NEW ORLEANS - An employer that retained a percentage of its servers' tips paid by credit card was only legally permitted to withhold the credit card issuer fees, a Fifth Circuit U.S. Court of Appeals panel ruled June 14, partially affirming a trial court's decision in a collective action filed by a group of servers; however, the appellate panel held that the District Court erred in denying the servers attorney fees (Guillian Steele, et al. v. Leasing Enterprises, Limited, No. 15-20139, 5th Cir.; 2016 U.S. App. LEXIS 10775).
WASHINGTON, D.C. - After two U.K. companies and a mining entity failed to submit any expert evidence on the amount of their alleged damages, a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on June 13 released its decision granting a request by the Republic of Kenya for a separate review of the quantum issue to be held after the merits phase of the case (Cortec Mining Kenya Limited, Cortec [Pty] Limited and Stirling Capital Limited v. Republic of Kenya, ICSID Case No. ARB/15/29).
SAN FRANCISCO - A California federal judge on June 13 partially granted a motion for sanctions against Menzies Aviation Inc. in a wage-and-hour class dispute after the company admitted to destroying years of pay records (Jessica Jimenez, et al. v. Menzies Aviation Inc., et al., No. 15-2392, N.D. Calif.; 2016 U.S. Dist. LEXIS 76675).
WASHINGTON, D.C. - A woman was prejudiced by her defense counsel's failure to introduce expert testimony on battered woman syndrome, the District of Columbia Circuit U.S. Court of Appeals ruled June 10, reversing a conspiracy to extort money conviction and remanding for a trial court to determine whether defense counsel was constitutionally deficient in failing to present such testimony (United States of America v. Queen Nwoye, No. 14-3060, D.C. App.; 2016 U.S. App. LEXIS 10519).
NEW YORK - A federal magistrate judge in New York on June 10 found that the product of an audit related to a reinsurance dispute is privileged under the work product doctrine (AmTrust North America, Inc., et al. v. Safebuilt Insurance Services, Inc., et al., No. 14-cv-9494, S.D. N.Y.; 2016 U.S. Dist. LEXIS 75906).
LONDON - A United Arab Emirates petroleum company on June 14 announced that it has filed a request for arbitration with a London court against two Malaysian entities, seeking $6.5 million in damages.
WASHINGTON, D.C. - A wind energy company on June 13 filed a petition in the U.S. District Court for the District of Columbia to vacate an international arbitration award in which a tribunal of the Permanent Court of Arbitration (PCA) dismissed all claims asserted by it against Canada in relation to alleged violations of the North American Free Trade Agreement (NAFTA) (Mesa Power Group LLC v. Government of Canada, No. 16-cv-1101, D. D.C.).
WASHINGTON, D.C. - Investors in OAO Yukos Oil Co. on June 13 moved in the U.S. District Court for the District of Columbia to strike a motion to dismiss and thousands of pages in material submitted by the Russian Federation in relation to the investors' petition to confirm more than $50 billion in arbitration awards, which were recently vacated by the District Court of The Hague (Hulley Enterprises Limited [Cyprus], et al., No. 1:14-cv-01996, D. D.C.).
RALEIGH, N.C. - A trial judge did not abuse his discretion in excluding expert testimony under the amended Rule 702(a) of the North Carolina Rules of Evidence, the North Carolina Supreme Court ruled June 10, upholding a man's first-degree murder conviction (State of North Carolina v. Charles Anthony McGrady, No. 72PA14, N.C. Sup.; 2016 N.C. LEXIS 442).
PASADENA, Calif. - A law firm, its principals and their shell companies engaged in fraud, vexatious litigation and a money-making scheme by misusing the subpoena power of the courts, a Ninth Circuit U.S. Court of Appeals panel ruled June 10, affirming a trial court's sanctions award in favor of the John Doe defendant in one of the many copyright infringement suits the firm initiated related to purported online sharing of adult movies (Ingenuity 13 LLC, et al. v. John Doe, Nos. 13-55859, 13-55880, 13-55881, 13-55882, 13-55883, 13-55884 and 13-56028, 9th Cir.; 2016 U.S. App. LEXIS 10557).
LAKELAND, Fla. - A Florida appeals panel on June 10 quashed a lower court's order that required insureds to disclose their financial information regarding their settlement agreement with their homeowners insurer in a sinkhole coverage dispute (Wayne Allen and Susan Allen v. State Farm Florida Insurance Co., No. 2D15-3114, Fla. App., 2nd Dist.; 2016 Fla. App. LEXIS 8941).
PHILADELPHIA - Comcast Corp., T-Mobile USA Inc. and Google Inc. were ordered by a Pennsylvania federal judge on June 7 to respond to a transportation firm's verified petition seeking pre-action discovery related to learning the identity of an unknown individual that purportedly stole the firm's trade secrets (Estes Forwarding Worldwide LLC v. Comcast Corp., No. 2:16-mc-00132, E.D. Pa.).
PASADENA, Calif. - A Ninth Circuit U.S. Court of Appeals panel on June 8 upheld a trial court's certification of several subclasses of furniture sales associates who allege that they were denied wages for the time they spent engaged in non-sales-related tasks (Ricardo Bermudez Vaquero, et al. v. Ashley Furniture Industries, Inc., et al., No. 13-56606, 9th Cir.; 2016 U.S. App. LEXIS 10365).
PHILADELPHIA - Urban Outfitters Inc. and certain of its executive officers will pay $8.5 million to settle claims that they misrepresented the clothing retailer's business and financial condition in violation of federal securities laws, according to a stipulation of settlement filed June 8 in Pennsylvania federal court by the lead plaintiff in the action (In re Urban Outfitters Inc. Securities Litigation, No. 13-5978, E.D. Pa.; 2016 U.S. Dist. LEXIS 24915).
PASADENA, Calif. - A federal district court applied the proper pleading standard in determining that a shareholder failed to plead scienter in making his federal securities law claims against a pharmaceutical company and certain of its executive officers, a Ninth Circuit U.S. Court of Appeals panel ruled June 8 in affirming the district court's ruling (Nathaniel L. Anderson v. Peregrine Pharmaceuticals Inc., et al., No. 14-55882, 9th Cir.).
HONG KONG - An energy firm on June 9 announced that it has sent two Chinese entities a formal notice of its intent to commence arbitration against them.
WAUSAU, Wis. - Plaintiffs are not required to support their negligence claim with expert testimony, a Wisconsin appeals panel ruled June 7, also finding that a trial judge improperly applied safe place statute principles (Andrew Hiser and Secura Insurance v. West Bend Mutual Insurance Co., et al., No. 2015AP1329, Wis. App., Dist. 3; 2016 Wisc. App. LEXIS 347).