SAN FRANCISCO - Allegations by two residential real estate photographers that the real estate software provider for a multiple listing service (MLS) violated the Digital Millennium Copyright Act (DMCA) by removing their copyright management information (CMI) were properly rejected on summary judgment, the Ninth Circuit U.S. Court of Appeals ruled June 20 (Robert Stevens, et al. v. CoreLogic Inc., No. 16-56089, 9th Cir., 2018 U.S. App. LEXIS 16620).
SAN FRANCISCO - A California federal judge on June 19 agreed to stay a long-running putative privacy class action over Google LLC's Street View feature in light of a pending U.S. Supreme Court case that the parties believe "is likely to bear directly" on a tentative settlement in the case (In re Google LLC Street View Electronic Communications Litigation, No. 3:10-md-02184, N.D. Calif.).
MIAMI - A Florida federal judge on June 18 refused to vacate an award issued pursuant to the International Chamber of Commerce's (ICC) rules in a dispute over the construction of locks for the Panama Canal and granted a petition to confirm the $22 million award issued for a Panamanian entity that was created to operate the canal (Grupo Unidos Por El Canal, S.A., et al. v. Autoridad del Canal de Panama, No. 17-23996, S.D. Fla., 2018 U.S. Dist. LEXIS 102695).
LOS ANGELES - A California federal judge on June 18 granted a petition to confirm a $5,470,786.47 arbitral award issued by a tribunal in Shanghai, holding that the tribunal did not exceed the scope of the issues in the arbitration and that the award did not violate Chinese law (Liu Luwei et al v. Phyto Tech Corp., 2:18cv2174, C.D. Calif.).
ATLANTA - The Georgia Supreme Court on June 18 affirmed a decision by an appellate panel reinstating class claims by consumers of retail electrical service who claim that Georgia Power Co. has collected municipal franchise fees in excess of the amounts approved by the Public Service Commission (Georgia Power Company v. Cazier, et al., No. S17G0706, Ga. Sup., 2018 Ga. LEXIS 449).
PORTLAND, Maine - A Maine federal judge on June 19 granted final approval of a $5 million settlement to be paid by a Maine dairy company to end a wage-and-hour class lawsuit stemming from the lack of a serial comma in a list of activities exempted from Maine's overtime law (Christopher O'Connor, et al. v. Oakhurst Dairy, et al., No. 14-192, D. Maine, 2018 U.S. Dist. LEXIS 102244).
ALEXANDRIA, Va. - A federal judge in Virginia overseeing lawsuits stemming from flooring sold by Lumber Liquidators Inc. that contained excessive levels of formaldehyde and suits contending that the company's flooring prematurely scratched, chipped, warped and stained on June 15 preliminarily approved a $36 million settlement to resolve the litigations (In re: Lumber Liquidators Chinese-Manufactured Laminate Flooring Products Marketing, Sales Practices and Products Liability Litigation, MDL 2627, No. 15-md-2627, In re: Lumber Liquidators Chinese-Manufactured Laminate Flooring Durability Marketing and Sales Practices Litigation, MDL 2743, No. 16-md-2743, E.D. Va.).
SAN FRANCISCO - A former Jones Day partner filed a Private Attorneys General Act (PAGA) representative action complaint on June 19 in a California state court on behalf of herself and other female attorneys employed by the firm in California, alleging that it operates as a "fraternity" where female attorneys are "marginalized" and paid less than male counterparts (Wendy Moore, et al. v. Jones Day, et al., No. CGC18567391, Calif. Super., San Francisco Co.).
LONDON - An English appeals panel on June 19 denied an appeal filed by the Republic of Kazakhstan and its national bank, holding that the Bank of New York Mellon SA/NV can freeze $22.6 billion held in Kazakhstan's national fund in relation to an attempt by investors to obtain payment of a $497,685,101 arbitral award (National Bank of Kazakhstan, et al. v. The Bank of New York Mellon SA/NV, No.  EWCA 1390, England and Wales High, Comm.).
TRENTON, N.J. - A New Jersey appeals panel on June 18 agreed with a trial court that a Yaz/Yasmin plaintiff failed to provide a valid expert opinion to support her claim, resulting in dismissal with prejudice (Rhonda Fuller v. Bayer Corp., et al., No. A-4813-1574, N.J. Super., App. Div., 2018 N.J. Super. Unpub. LEXIS 1418).
DETROIT - Two Eastern Michigan University (EMU) students filed a class complaint on June 15 in Michigan federal court, alleging that the school violated Title IX of the Education Amendments of 1972 when it eliminated its women's tennis and softball teams in the midst of their competitive seasons and left many foreign students in limbo (Marie Mayerova, et al. v. Eastern Michigan University, et al., No. 18-11909, E.D. Mich.).
NEW YORK - A New York federal judge on June 15 refused to grant a motion filed by a group of mining entities to dismiss a petition to confirm a $48,053,462 arbitral award issued by the International Chamber of Commerce's (ICC) International Court of Arbitration in favor of a group of Brazilian companies, holding that the companies sufficiently alleged that the entities were attempting to avoid their obligations under contract for the sale of pig iron by making sure a related entity was judgment proof (CBF Industria De Gusa S/A, et al. v. Amci Holdings Inc., et al., No. 13 Civ. 2581, S.D. N.Y., 2018 U.S. Dist. LEXIS 100781).
SAN FRANCISCO - A California federal judge on June 14 granted final approval of a $142 million settlement that will be paid by Wells Fargo & Co. and Wells Fargo Bank N.A. to resolve class claims that the bank opened accounts for individuals, enrolled them in products and services and submitted applications for products and services without consent (Shahriar Jabbari, et al. v. Wells Fargo & Company, et al., No. 15-2159, N.D. Calif.).
ATLANTA - The 11th Circuit U.S. Court of Appeals on June 14 affirmed the conviction of a doctor for participating in opioid "pill mills" in Georgia, finding no abuse of discretion by the trial court in allowing a government expert to testify that the doctor's conduct showed that he was more of a drug dealer than a health care provider (United States v. Romie Roland, No. 17-11058, 11th Cir., 2018 U.S. App. LEXIS 15941).
INDIANAPOLIS - In light of a defendant's showing of relevance and the plaintiffs' failure to establish privilege, an Indiana federal magistrate judge on June 14 concluded that a Facebook instant message string between two named plaintiffs was not covered by a protective order in a putative class action over pension plan administrative fees, leading him to mostly grant a motion to compel (Mary Bell, et al. v. Pension Committee of ATH Holding Company LLC, et al., No. 1:15-cv-02062, S.D. Ind.).
ST. PAUL, Minn. - Rejecting objections by two class members, an Eighth Circuit U.S. Court of Appeals panel on June 13 affirmed a trial court's approval of a $10 million settlement between Target Corp. and a class of consumers affected by a 2013 data breach, finding that on remand after a previous ruling in the objectors' favor, the presiding judge conducted the necessary "rigorous analysis" of the settlement (In re: Target Corporation Customer Data Security Breach Litigation, No. 15-3909, 15-3912, 16-1203, 16-1245 and 16-1408 8th Cir., 2018 U.S. App. LEXIS 15839).
SAN FRANCISCO - Monsanto Co. filed a notice of supplemental authority in California federal court on June 12 that it contends supports its motion for summary judgment based on a failure of general causation proof in the multidistrict litigation for Roundup (In re: Roundup Products Liability Litigation, MDL No. 2741, N.D. Calif.).
STOCKHOLM, Sweden - Gazprom of Russia on June 15 announced that a Swedish court has granted its request to suspend the enforcement of a $2.6 billion arbitration award issued in a dispute over a contract for gas transit.
SAN JOSE, Calif. - Intuitive Surgical Inc. on June 13 announced that it reached an agreement in principle to settle a securities class action for $42.5 million (In Re: Intuitive Surgical Securities Litigation, No. 13-1920, N.D. Calif.).
NEW ORLEANS - A Louisiana federal judge on June 13 ordered a disability insurer to supplement its answers to a disability claimant's interrogatories to include communications with all attorneys consulted regarding the participant's claim for benefits (Anne Wittmann v. Unum Life Insurance Company of America, No. 17-9501, E.D. La., 2018 U.S. Dist. LEXIS 99042).
ORLANDO, Fla. - Centex Real Estate Co. LLC on June 11 removed a class action suit accusing the builder and contractors of improperly installing the stucco on 137 homes in an Apopka, Fla., development, arguing that the federal court has jurisdiction over the case under the Class Action Fairness Act (CAFA) because the proposed class seeks more than $5 million in damages (Emerson Park Homeowners Association Inc., et al. v. Brett Lundequam, et al., No. 18-CV-913-ORL-37-DCI, M.D. Fla.).
RICHMOND, Va. - Discovery sanctions in a trade secrets misappropriation lawsuit are not warranted because a door skin manufacturer failed to show that its competitor violated any discovery orders requiring it to state with the requisite specificity what trade secrets it sought to present as part of its counterclaims for state and federal trade secret violations, a federal judge in Virginia ruled June 11 (Steves & Sons Inc. v. JELD-WEN Inc., No. 16-0545, E.D. Va., 2018 U.S. Dist. LEXIS 98533).
NEW YORK - Two automakers did not file timely objections to an order requiring them to respond to jurisdictional discovery requests, but regardless, the motions are at least likely to produce admissible evidence, a New York justice held in an opinion posted June 12 and affirming a special master's ruling (In re: NYCAL, Yang-Ning Pi Chen, et al. v. Aerco International Inc., et al., No. 190133/2017, N.Y. Sup., New York Co., 2018 N.Y. Misc. LEXIS 2200).
ORLANDO, Fla. - A telecommunications firm failed to establish its assertions of attorney-client and work product privilege in certain documents sought via discovery in a breach of contract suit brought by a former client, a Florida federal magistrate judge ruled June 12, mostly granting the plaintiff's motion to compel production of documents related to the telecom's defenses and counterclaims (Local Access LLC v. Peerless Network Inc., No. 6:17-cv-00236, M.D. Fla., 2018 U.S. Dist. LEXIS 97955).
SAN DIEGO - A California federal magistrate judge on June 8 found that a patent owner's counsel did not waive attorney-client privilege regarding certain proceedings before the U.S. Patent and Trademark Office (PTO) over a water park ride patent, partly denying a motion to compel his deposition but granting the defendant's motion related to nonprivileged communications and requests for production (RFPs) (Whitewater West Industries Ltd. v. Pacific Surf Designs Inc., et al., No. 3:17-cv-01118, S.D. Calif., 2018 U.S. Dist. LEXIS 96970).