LINCOLN, Neb. - A trial judge did not err in overruling a motion to exclude testimony from a pathologist on an autopsy in a murder case nor did the judge err in allowing all evidence that arose out of the autopsy, the Nebraska Supreme Court ruled Feb. 26, rejecting a defendant's argument that he was unable to perform tests following the cremation of the body (State of Nebraska v. Eric M. Henry, No. S-14-519, Neb. Sup.; 2016 Neb. LEXIS 28).
WASHINGTON, D.C. - Parties in a price-fixing class suit pending before the U.S. Supreme Court filed a joint motion Feb. 25 to hold the petition for writ of certiorari in abeyance, just a day before the petitioner, Dow Chemical Co., announced that it agreed to pay $835 million to settle the suit (Dow Chemical Company v. Industrial Polymers, Inc., et al., No. 14-1091, U.S. Sup.).
SAN FRANCISCO - Counsel's and a private investigator's declarations attesting to a sincere campaign to build a case overcome allegations of bad faith in pursuing the defendant, a federal judge held in remanding a case Feb. 24 (Richard Cesarin v. Asbestos Corporation Limited, et al., No. 15-6056, N.D. Calif.; 2016 U.S. Dist. LEXIS 22718).
NEW YORK - A federal judge in New York on Feb. 24 granted a shareholder's motion for appointment as lead plaintiff and for the appointment of a law firm as lead counsel in a securities class action lawsuit against a party supplies designer and manufacturer and certain of its executive officers but denied the shareholder's request for a second law firm to be named co-lead counsel (Roy Jones v. Party City Holdco Inc., et al., No. 15-9080, S.D. N.Y.).
DOUGLAS, Isle of Man - An Isle of Man resource company on Feb. 24 announced that it will commence arbitration in relation to the transfer of interest in a Peruvian mining project if the current owners of the project fail to comply with the terms of a joint venture agreement.
WILMINGTON, Del. - Despite the objections of the patent holder plaintiffs in three related infringement lawsuits, a Delaware federal judge on Feb. 23 found that reports and emails sought via discovery subpoenas were not protected under the work product doctrine or common interest privilege, leading him to grant the defendants' motion to compel (Delaware Display Group LLC, et al. v. Lenovo Group Ltd., et al., Nos. 1:13-cv-02108, 1:13-cv-02109 and 1:13-cv-02112, D. Del.; 2016 U.S. Dist. LEXIS 21461).
SAN FRANCISCO - An artificial intelligence (AI) company saw its subpoena for documents from a law firm that previously represented it quashed on Feb. 24 by a California federal magistrate judge, who found that the federal fiduciary exception to the attorney-client privilege did not apply (Loop AI Labs Inc. v. Anna Gatti, et al., No. 3:15-cv-00798, N.D. Calif.; 2016 U.S. Dist. LEXIS 22656).
ST. LOUIS - A Missouri federal judge denied on Feb. 24 motions to bar testimony from experts for the U.S. Environmental Protection Agency and a Missouri gas company in a lawsuit alleging violations of the Clean Air Act (CAA) by the gas company's alleged modifications without the proper permits (United States of America v. Ameren Missouri, No. 11-77, E.D. Mo.; 2016 U.S. Dist. LEXIS 22323).
RIVERSIDE, Calif. - In a Feb. 25 motion, Apple Inc. asked a California federal court to vacate a Feb. 16 order compelling it to assist the Federal Bureau of Investigation in unlocking the password-protected iPhone of one of the recent San Bernardino, Calif., shooters, contending that the court's order is not authorized by the All Writs Act and sets a dangerous precedent (In the matter of the search of an Apple iPhone seized during the execution of a search warrant on a Black Lexus IS300, California License Plate 35KGD203, No. 5:16-cm-00010, C.D. Calif.).
FRESNO, Calif. - A federal magistrate judge in California on Feb. 23 ordered the city of Visalia, Calif., to conduct a final search for documents that are responsive to a plaintiffs' claims that the city's sewer system contributed to perchloroethylene (PCE) contamination in a nearby plume in order to stop the city's piecemeal production of information (Viola Coppola, et al. v. Gregory Smith, et al., No. 1:11-cv-01257, E.D. Calif.; 2016 U.S. Dist. LEXIS 22066).
NEWARK, N.J. - A federal judge in New Jersey on Feb. 22 granted a motion for class certification in a securities lawsuit against a pharmaceutical company and others alleged to have issued misstatements in the offering documents for the company's initial public offering (IPO), ruling that the lead plaintiffs properly met all statutory requirements to certify the class (Robin J. Dartell, et al. v. Tibet Pharmaceuticals Inc., et al., No. 14-3620, D. N.J.; 2016 U.S. Dist. LEXIS 21541).
ST. LOUIS - In a class action, insureds failed to assert bad faith claims against their homeowners insurer for denied coverage and refusal to participate in appraisal of damages from a pipe burst, the Eighth Circuit U.S. Court of Appeals affirmed Feb. 24 (Michael Adams and Colleen Adams, on behalf of themselves and all others similarly situated v. American Family Mutual Insurance Co., No. 15-1475, 8th Cir.; 2016 U.S. App. LEXIS 3181).
CALGARY, Alberta - A Canadian petroleum company on Feb. 24 announced that the Government of Albania has signed an agreement that will resolve a tax dispute and will end arbitration before the International Chamber of Commerce (ICC) International Court of Arbitration.
NEW YORK - After rejecting a Chinese bank's arguments that arbitration awards issued in London in relation to a ship-building agreement and refund guarantees were not enforceable, a New York federal judge on Feb. 22 granted a maritime company's petition to confirm awards ordering the bank to pay it $18.6 million in damages (Crescendo Maritime Co. v. Bank of Communications Company Ltd., No. 15-4481, S.D. N.Y.; 2016 U.S. Dist. LEXIS 21824).
NEW YORK - A New York federal judge on Feb. 23 granted an investment company's motion to stay a petition to confirm an international arbitration award pending the outcome of proceedings to annul the award currently being heard in Paris (Interdigital Communications Inc., et al. v. Huawei Investment & Holding Co. Ltd., et al., No. 15-cv-4485, S.D. N.Y.; 2016 U.S. Dist. LEXIS 21848).
BALTIMORE - In light of evidence that the plaintiff in a Fair Labor Standards Act (FLSA) against her former employer knowingly destroyed relevant computer files, a Maryland federal judge on Feb. 22 adopted a magistrate's recommendation that the plaintiff receive sanctions in the form of not being permitted to present the disputed evidence at trial (Karen Ericksen v. Kaplan Higher Education LLC, et al., No. 1:14-cv-03106, D. Md.; 2016 U.S. Dist. LEXIS 20819).
COLUMBUS, Ohio - E. I. du Pont de Nemours and Co., which was sued by Ohio residents who allege that the company is liable for personal injuries from exposure to perfluorooctanoic acid (known as C8), on Feb. 23 filed a brief in Ohio federal court arguing that one particular plaintiff cannot show that the company is liable for his cancer and, therefore, those claims should be dismissed (In re E.I. du Pont de Nemours and Co. C-8 Personal Injury Litigation, MDL No. 2433, No. 13-2433, S.D. Ohio).
NEW YORK - The New York federal judge overseeing the Mirena intrauterine device (IUD) multidistrict litigation on Feb. 23 ordered plaintiffs' counsel in three cases to certify that they are complying with the court's order on ex parte communications with treating physicians but denied defendant Bayer HealthCare Pharmaceuticals Inc.'s request for certifications from counsel in all other deposition pool cases (In Re: Mirena IUD Products Liability Litigation, MDL Docket No. 2434, S.D. N.Y.).
SHERMAN, Texas - A plaintiff in a wrongful termination case against his former employers complied with Rule 26 of the Federal Rules of Civil Procedure when submitting an expert report on loss of income and benefits, as well as past and future damages, a Texas federal judge ruled Feb. 23, denying a motion to bar the report (Scott Butler v. American Heritage Life Insurance Co. and Allstate Insurance Co., No. 13-199, E.D. Texas; 2016 U.S. Dist. LEXIS 21571).
PITTSBURGH - While a professor may testify as to the installation and removal of a trash conveyor and whether the conveyor had moved, he may not testify as to the necessity and value of the conveyor, a Pennsylvania federal judge ruled Feb. 22, granting and denying in part a motion to exclude testimony in a defective design lawsuit against manufacturers of the conveyor (Brandi L. McKenzie v. Dematic Corp., et al., No. 12-250, W.D. Pa.; 2016 U.S. Dist. LEXIS 21256).
SAN FRANCISCO - Asserting that Uber Technologies Inc. is using the discovery process in a lawsuit over a 2014 breach of its database to obtain proprietary and confidential information, Uber's competitor Lyft Inc. on Feb. 19 moved for a protective order in California federal court to prevent Uber from pursuing further discovery demands from a Lyft employee (Sasha Antman v. Uber Technologies Inc., et al., No. 3:15-cv-01175, N.D. Calif.).
DALLAS - A damages expert may testify on only one of two reports filed in a breach of contract lawsuit between parties involved in the merchants and credit card issuers industry, a Texas federal judge ruled Feb. 19, finding that the one report was untimely filed (BCC Merchant Solutions, Inc. v. JetPay, LLC, et al., No. 12-5185, N.D. Texas; 2016 U.S. Dist. LEXIS 20710).
SCRANTON, Pa. - In a criminal suit against a police officer, a police captain may not testify as an expert regarding GPS coordinates and analysis, a Pennsylvania federal judge ruled Feb. 19, finding that the captain does not have the required specialized knowledge (Faith Kintzel v. Stephen Kleeman, Pennsylvania State Police Trooper, No. 13-163, M.D. Pa.; 2016 U.S. Dist. LEXIS 20158).
RIVERSIDE, Calif. - Taking Apple Inc. to task for "publicly repudiating" a California federal court's order requiring it to assist the Federal Bureau of Investigation with its search of an iPhone used by one of the accused shooters in the recent mass shooting incident in San Bernardino, Calif., the U.S. government on Feb. 19 filed a motion to compel Apple's compliance with the previous order, noting "the urgency of this investigation" and Apple's clear "intention not to comply" (In the matter of the search of an Apple iPhone seized during the execution of a search warrant on a Black Lexus IS300, California License Plate 35KGD203, No. 5:16-cm-00010, C.D. Calif.).
COLUMBUS, Ohio - The Ohio Supreme Court on Feb. 18 affirmed a lower court decision remanding a case involving a law firm's access to a county health agency's lead-poisoning records, ruling that the initial records request needs to be reviewed to determine what information, if any, can be released after all protected health information is redacted (Cuyahoga County Board of Health v. Lipson O'Shea Legal Group, No. 2014-0223, Ohio Sup.; 2016 Ohio LEXIS 423).