TORONTO, Ontario - Stans Energy Corp. on Jan. 26 said the Permanent Court of Arbitration (PCA) has issued an award in an arbitration commenced against the Kyrgyz Republic, finding that it has jurisdiction over the case (Stans Energy Corp. and Kutisay Mining LLC v. The Kyrgyz Republic, No. 2015-32, PCA).
MIAMI - A Florida federal magistrate judge on Jan. 30 recommended that a motion for garnishment filed by Del Monte International GMBH in relation to payment of a $29,290,440.54 international arbitral award issued in its favor be denied, finding that the award must first be confirmed pursuant to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (Del Monte International GMBH v. Ticofrut S.A., No. 16-23894, S.D. Fla.).
BIRMINGHAM, Ala. - An Alabama federal judge on Jan. 26 excluded causation expert testimony in a medical liability lawsuit against Novartis Pharmaceutical Corp. over its drug, Reclast, finding that the experts did not use a reliable methodology (Ernesteen Jones v. Novartis Pharmaceuticals Corp., No. 13-624, N.D. Ala., 2017 U.S. Dist. LEXIS 10849).
WASHINGTON, D.C. - An Indian who received a payment in a 2011 class action settlement between the U.S. Department of Agriculture and Native American ranchers and farmers does not have standing to pursue claims that the settlement's cy pres provisions are unconstitutional because, having already accepted a settlement payment, he cannot show that he will suffer any injury, a District of Columbia federal judge held Jan. 30 (William H. Smallwood, Jr. v. Sally Q. Yates, et al., No. 16-161, D. D.C., 2017 U.S. Dist. LEXIS 11915).
SAN DIEGO - A California federal judge on Jan. 27 granted final approval of a nearly $4.6 million settlement to be paid by RBS Citizens N.A. to end a class complaint accusing the bank holding company of placing debt collections calls using an automated telephone dialing system or a prerecorded voice in violation of the Telephone Consumer Protection Act (TCPA) (Linda Sanders, et al. v. RBS Citizens, N.A., No. 13-3136, S.D. Calif., 2017 U.S. Dist. LEXIS 11860).
SAN JOSE, Calif. - Lead plaintiffs in a securities class action lawsuit against a medical device maker and certain of its executive officers have shown that they had "good cause" to request leave to amend their complaint because the information they seek to add to the amended complaint was not discovered until after the court-imposed deadline to amend pleadings, a federal judge in California ruled Jan. 25 (In re Intuitive Surgical Securities Litigation, No. 13-1920, N.D. Calif.; 2017 U.S. Dist. LEXIS 10716).
SAN FRANCISCO - In a Jan. 26 brief, Apple Inc. asks the Ninth Circuit U.S. Court of Appeals to rehear, or rehear en banc, a putative class action alleging price fixing and monopolization related to the selling of iPhone apps in its App Store, arguing that a panel decision did not properly apply controlling case law and unnecessarily created a circuit split (In re Apple iPhone Antitrust Litigation, No. 14-15000, 9th Cir.).
SYRACUSE, N.Y. - An insurer asked a federal court in New York on Jan. 26 to keep certain documents sealed, including communications about an insured's asbestos claims between its employees and its in-house counsel (Utica Mutual Insurance Company v. Munich Reinsurance America, Inc., No. 12-cv-00196, and Munich Reinsurance America, Inc. v. Utica Mutual Insurance Company, No. 13-cv-00743, N.D. N.Y.).
LOS ANGELES - A California appeals panel on Jan. 26 affirmed the exclusion of a plaintiff expert causation witness in a multiplaintiff Nexium bone injury case, saying the trial court properly found the expert was not an epidemiologist and properly granted summary judgment (Joelena Wilson, et al. v. McKesson Corp., et al., No. B266990, Calif. App., 2nd Dist., Div. 3).
SEATTLE - A Washington federal judge on July 25 granted in part an investment adviser's motion to compel discovery against a professional liability insurer in a coverage dispute arising from claims that the investment adviser misleadingly convinced a former client to invest in "sham" companies (Daeil Ro v. Everest Indemnity Insurance Co., et al, No. 16-0664, W.D. Wash.; 2017 U.S. Dist. LEXIS 11106).
PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Jan. 26 affirmed the exclusion of expert testimony with regard to background on the culture of sex trafficking because it would not assist in helping a jury determine the guilt as to the offenses charged (United States of America v. Anthony F. D'Ambrosio, et al., No. 16-1844, 3rd Cir.; 2017 U.S. App. LEXIS 1388).
NEW YORK - A New York federal judge on Jan. 28 granted an emergency motion for stay of removal filed by two immigrants seeking to represent themselves and a class of individuals with refugee applications, holders of valid visas and other individuals from seven countries who are legally authorized to enter the United States in response to an executive order issued by President Donald Trump one day earlier changing the way certain non-citizens may enter the United States and imposing a 120-day moratorium on the refugee resettlement program (Hameed Khalid Darweesh, et al. v. Donald Trump, et al., No. 17-480, E.D. N.Y.).
SOUTH BEND, Ind. - A federal judge in Indiana on Jan. 25 denied a company's motion seeking a case management order referred to as a Lone Pine order in a trichloroethylene (TCE) groundwater contamination case, concluding that such an order should be used only in "exceptional cases" (Amos Hostetler, et al. v. Johnson Controls Inc., No. 15-226, N.D. Ind.; 2017 U.S. Dist. LEXIS 10006).
CHICAGO - A federal judge in Illinois on Jan. 25 ruled that an expert opinion provided by a village that sued two companies alleging groundwater contamination from vinyl chloride that leaked into the water system was "sufficiently reliable," and he refused to exclude it from evidence (Village of Sauk Village v. Roadway Express Inc., et al., No. 15-9183, N.D. Ill.; 2017 U.S. Dist. LEXIS 10478).
WEST PALM BEACH, Fla. - A Florida appeals court on Jan. 25 quashed a trial court order requiring Howmedica Osteonics Corp. to produce unredacted foreign adverse event reports about certain of its recalled hip prostheses (Howmedica Osteonics Corp. v. Joyce Trowbridge, et al., No. 4D16-2374, Fla. App., 4th Dist.; 2017 Fla. App. LEXIS 764).
WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on Jan. 25 announced that it has invited the public to file suggestions for amendments to its rules and regulations.
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Jan. 24 announced that a hearing on the merits and jurisdiction in a case commenced by a group of investors in a residential development project against the Republic of Costa Rica will be transmitted live (David R. Aven, et al. v. The Republic of Costa Rica, No. UNCT/15/3, ICSID).
WASHINGTON, D.C. - A District of Columbia federal judge on Jan. 24 certified a class of individuals and entities who have paid fees to obtain court records via the Public Access to Court Electronic Records system (PACER), with three nonprofit legal advocacy organizations as the class representatives, in a lawsuit accusing the federal government of charging fees in excess of the cost to operate the system (National Veterans Legal Services Program, et al. v. United State of America, No. 16-745, D. D.C.; 2017 U.S. Dist. LEXIS 9447).
LAS VEGAS - Having excluded an expert's testimony on the cause of a vehicle collision as inadmissible under Daubert v. Merrell Dow Pharmaceuticals Inc., a Nevada federal judge on Jan. 24 granted summary judgment to a car manufacturer on a negligence claim (Marilyn Ellen Prall v. Ford Motor Co., No. 14-001313, D. Nev.; 2017 U.S. Dist. LEXIS 9647).
WAUKESHA, Wis. - A trial judge did not err in allowing expert testimony to lay the foundation for the admission of a blood test that helped convict a man for operating a motor vehicle while intoxicated (OWI), the District II Wisconsin Court of Appeals ruled Jan. 25 (State of Wisconsin v. Michael Chough, No. 2016AP406-CR, Wis. App., Dist. 2; 2017 Wisc. App. LEXIS 49).
CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on Jan. 23 affirmed a federal district court's dismissal of a class action lawsuit, ruling that an investor's state law claims are preempted by the Securities Litigation Uniform Standards Act (SLUSA) (Patricia Holtz, et al. v. JPMorgan Chase Bank N.A., et al., No. 13-2609, 7th Cir.; 2017 U.S. App. LEXIS 1112).
BOSTON - Securities class action filings reached record highs in 2016, with 300 suits filed during the year, representing a 32 percent increase over 2015, according to a report issued Jan. 23 by NERA Economic Consulting.
CHICAGO - A federal district court did not err in dismissing a trustee's breach of fiduciary duty securities class action lawsuit because his claims were preempted by the Securities Litigation Uniform Standards Act of 1998 (SLUSA), a Seventh Circuit U.S. Court of Appeals panel ruled Jan. 23 in a 2-1 decision (Margaret Richek Goldberg, as Trustee under the Seymour Richek Revocable Trust, et al. v. Bank of American N.A., et al., No. 11-2989, 7th Cir.; 2017 U.S. App. LEXIS 1111).