NEW YORK - A federal judge in New York on May 17 granted a Brazilian insurer's motion to stay enforcement of the confirmation of a number of reinsurance arbitration awards while the confirmations are pending appeal (National Indemnity Company v. IRB Brasil Resseguros S.A., No. 15-cv-03975, S.D. N.Y.).
NEW YORK - An insurer brought up in a federal court in New York on May 17 the Second Circuit U.S. Court of Appeals' recent decision in the NFL "Deflategate" case, claiming that party-appointed arbitrators are not meant to be neutral but only disinterested (Certain Underwriting Members at Lloyd's, London Subscribing to Treaty No. 0272/04 v. Insurance Company of the Americas, No. 16-cv-00374, S.D. N.Y.).
CHICAGO - A group of lead plaintiffs argue in a May 18 brief that their putative class claims related to the breach of a digital smart toys maker's website should not be dismissed, telling an Illinois federal court that they properly alleged contractual claims based on the defendant's failure to keep their personally identifiable information (PII) secure (In re VTech Data Breach Litigation, No. 1:15-cv-10889, N.D. Ill.).
WASHINGTON, D.C. - The District of Columbia Circuit U.S. Court of Appeals on May 18 granted a request by the Republic of the Congo to voluntarily dismiss its appeal and to relieve its counsel in its challenge to a default judgment entered against it in a case filed by Commissions Import Export S.A. (Commisimpex) in relation to the confirmation of a $249,959,433.50 arbitration award (Commissions Import Export S.A. v. Republic of the Congo, et al., 1:13-cv-00713, D.C. Cir.).
LINCOLN, Neb. - A trial judge did not err in allowing an expert opinion from a sexual assault nurse examiner regarding a victim's alleged bruises into evidence at trial, a Nebraska appeals panel ruled May 17, upholding a conviction of first-degree sexual assault (State of Nebraska v. Dwan D. Harden, No. A-15-536, Neb. App.; 2016 Neb. App. LEXIS 99).
KANSAS CITY, Kan. - A Kansas federal judge on May 16 denied the motions of a Domino's pizza delivery driver to approve a proposed $132,000 settlement in a Fair Labor Standards Act (FLSA) collective action and award attorney fees and costs (Kenneth Hoffman, et al. v. Poulsen Pizza LLC, et al., No. 15-2640, D. Kan.; 2016 U.S. Dist. LEXIS 64818).
MINNEAPOLIS - Dentists from Georgia and Texas filed a proposed class complaint on May 16 in the U.S. District Court for the District of Minnesota, alleging that 3M Co.'s Lava Ultimate dental crowns contain defects that cause the crowns to de-bond inside patients' mouths up to 50 percent of the time (Vikram Bhatia, D.D.S., et al. v. 3M Company, No. 16-1304, D. Minn.).
OAKLAND, Calif. - A California man and New York woman filed a class complaint on May 17, accusing Mars Inc. of deceptively packaging its Uncle Ben's rice products in boxes containing up to 50 percent empty space to make buyers think they are getting a better value (Eric Lankenau-Ray, et al. v. Mars, Inc., No. 16-2660, N.D. Calif.).
WASHINGTON, D.C. - A District of Columbia federal judge on May 18 found that a French telecommunications company's petition to confirm a $148,863,000 arbitral award issued against the Republic of Equatorial Guinea should be dismissed (Orange Middle East & Africa f/k/a France Cables & Radios v. Republic of Equatorial Guinea, No. 15-cv-849, D. D.C.; 2016 U.S. Dist. LEXIS 65147).
ATLANTA - A trial court did not err when it partially granted a motion for class certification filed by two Cadillac owners who allege that General Motors Co. (GM) violated various laws when it used false safety rating stickers on the windows of certain sedans, the 11th Circuit U.S. Court of Appeals ruled May 17 (Geri Siano Carriuolo, et al. v. General Motors Company, No. 15-14442, 11th Cir.; 2016 U.S. App. LEXIS 8962).
OKLAHOMA CITY - A federal judge in Oklahoma on May 16 ruled that an expert for Halliburton Energy Services Inc. (HESI) is permitted to testify at a trial for personal injuries claimed by residents who are suing HESI for releasing radioactive materials and perchlorate into the environment (Mitchell L. McCormick v. Halliburton Energy Services Inc., No. 11-01272, W.D. Okla.).
WASHINGTON, D.C. - In a May 16 reply brief supporting its petition for certiorari, Google Inc. argues that the U.S. Supreme Court needs to review an underlying grant of class certification in a suit over Google's AdWords program brought under California's unfair competition law (UCL) and false advertising law (FAL), to resolve a circuit split over whether individual damage calculations in class actions can be calculated using generalized proof (Google Inc. v. Pulaski & Middleman LLC, et al., No. 15-1101, U.S. Sup.).
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on May 16 partially granted a request for provisional measures filed by the Republic of Estonia in an arbitration brought by two investors, ordering that the parties may publically speak about certain details of the case (United Utilities (Tallinn) B.V., et al. v. Republic of Estonia, No. ARB/14/24, ICSID).
LOS ANGELES - A California man filed a class complaint on May 17 in a California federal court against BMW North America LLC, alleging that the company's "Range Extender" feature, which is supposed to double the BMW i3 REx's electronic driving range per charge, is faulty and when engaged fails to produce enough power to maintain normal operation of the vehicle (Edo Tsoar, et al. v. BMW of North America, LLC, et al., No. 16-3386, C.D. Calif.).
BOSTON - A podiatry expert may not testify that a doctor's alleged negligence was a cause of a plaintiff's leg amputation and that the plaintiff would likely have been spared that outcome had the doctor complied with the governing standard of podiatric care, a Massachusetts justice ruled May 13 (Cheryl Lavina, individually and as administratrix of the estate of Paul Lavina v. Adam R. Satin, Esq., et al., No.: SUCV2013-01012-C, Mass. Super., Suffolk Co.; 2016 Mass. Super. LEXIS 46).
ALBUQUERQUE, N.M. - Two purported journalists must respond to most of the discovery interrogatives and requests served on them in a lawsuit brought against them for allegedly participating in the disclosure of stolen emails, with a New Mexico federal magistrate judge on May 13 finding that the defendants largely failed to support their objections under the First Amendment to the U.S. Constitution and certain asserted privileges afforded to members of the press (Crystal Amaya, et al. v. Sam Bregman, et al., No. 1:14-cv-00599, D. N.M.; 2016 U.S. Dist. LEXIS 63588).
WASHINGTON, D.C. - The District of Columbia Circuit Court of Appeals on May 17 affirmed a district court's decision that it lacked jurisdiction over the National Port Authority of Liberia (NPA) and the Republic of Liberia and a decision to dismiss a company's petition to confirm a $44.3 million arbitration award (GSS Group Ltd., a/k/a Global Security Seals Group Ltd. v. Republic of Liberia, et al., No. 14-7041, D.C. Cir.).
SAN FRANCISCO - The lead named plaintiff in a class wage-and-hour dispute against Uber Technologies Inc. filed a declaration on May 16 objecting to the proposed $100 million settlement, arguing that the results are "unjust" and "only benefit Uber" (Douglas O'Connor, et al. v. Uber Technologies, Inc., No. 13-3826, N.D. Calif.).
CINCINNATI - A Michigan federal judge properly rejected a request for class certification in a consumer protection suit following the lead named plaintiff's acceptance of an offer of judgment, the Sixth Circuit U.S. Court of Appeals ruled May 16 in an opinion in which it also affirmed the district court's dismissal of the plaintiff's warranty claims and affirmed an attorney fees award that was far less than the amount requested by the plaintiff (Pamella Montgomery, et al. v. Kraft Foods Global, Inc., et al., No. 15-1283, 6th Cir.; 2016 U.S. App. LEXIS 8896).
NEW YORK - A reinsurer on May 16 asked a federal court in New York to order a foreign insurer to post a bond to cover a $5 million settlement with an underlying insured, certain attorney fees and costs while an appeal of the court's confirmation of a number of arbitration awards is pending (National Indemnity Company v. IRB Brasil Resseguros S.A., No. 15-cv-03975, S.D. N.Y.).
BROOKLYN, N.Y. - A New York federal magistrate judge on May 16 denied a motion for protective order filed by insurers in an environmental liabilities coverage suit after determining that the insurers are required to produce reinsurance agreements that relate to policies for which the insured is seeking monetary damages (Certain Underwriters at Lloyd's London, et al. v. National Railroad Passenger Corp., et al., No. 14-04717, E.D. N.Y.; 2016 U.S. Dist. LEXIS 64088).
THE HAGUE, Netherlands - The Permanent Court of Arbitration (PCA) on May 16 publicly released an award on jurisdiction and liability that was issued in an arbitration brought by Philip Morris Asia Limited (Hong Kong) against the Commonwealth of Australia in relation to its tobacco packaging laws in which it found that the claimant's initiation of arbitration was an abuse of rights (Philip Morris Asia Limited [Hong Kong] v. The Commonwealth of Australia, No. 2012-12, PCA).
COLUMBUS, Ohio - An Ohio federal judge on May 13 excluded a plaintiffs' opinion witness in a lawsuit alleging violations of the Fair Labor Standards Act (FLSA) because the witness's "knowledge, skill, experience, training, or education" does not qualify him to be an expert (Joseph Miller v. Food Concepts International, LP, et al., No. 13-00124, S.D. Ohio; 2016 U.S. Dist. LEXIS 63454).
NEW HAVEN, Conn. - The named plaintiff in a proposed class complaint over electrical rates must show that minimal diversity exists in the case before a ruling on a motion to amend the complaint, a Connecticut federal judge ruled May 13 (Paul T. Edwards v. North American Power and Gas, LLC, No. 14-1714, D. Conn.; 2016 U.S. Dist. LEXIS 63360).
MEMPHIS, Tenn. - Evidence exists to establish that a plaintiff made efforts to become an aircraft mechanic to support an expert's testimony on the plaintiff's future earning capacity in a wrongful death lawsuit against the City of Memphis, a Tennessee federal judge ruled May 12 (Sterling Askew and Sylvia Askew v. City of Memphis, et al., No. 14-02080, W.D. Tenn.; 2016 U.S. Dist. LEXIS 62683).