NEW YORK - Rehearing of a Second Circuit U.S. Court of Appeals panel's ruling affirming a federal district court's grant of class certification in a securities lawsuit is necessary because the panel's ruling is in conflict with U.S. Supreme Court and federal circuit court precedent, defendants argue in a Nov. 20 petition for rehearing and rehearing en banc (Joseph Waggoner, et al. v. Barclays PLC, et al., No. 16-1912, 2nd Cir.).
CENTRAL ISLIP, N.Y. - A magistrate judge in New York federal court on Nov. 20 issued a report and recommendation denying remand of a groundwater contamination class action to state court, determining that the plaintiffs failed to demonstrate that a sufficient number of class members are citizens of the state of New York (Isaac Green, et al. v. The 3M Company, et al., No. 17-2566, E.D. N.Y.; 2017 U.S. Dist. LEXIS 192795).
LOS ANGELES - After finding that an agreement to arbitrate an employment dispute in Hong Kong involved a forum that is no longer available, a California federal judge on Nov. 17 refused to compel arbitration of the dispute (Alexander Mirza v. Cachet Hotel Group Limited Cayman L.P., et al., No. 2:17-CV-07140, C.D. Calif., 2017 U.S. Dist. LEXIS 190833).
PASADENA, Calif. - After denying mandamus to the U.S. government from a trial court's order requiring an expanded administrative record in a lawsuit seeking to block the termination of the Deferred Action for Childhood Arrivals (DACA) program, a Ninth Circuit U.S. Court of Appeals panel on Nov. 21 denied the government's motion for an emergency stay of discovery, ruling that it lacked authority to consider the motion (In re United States, et al., No.17-72917, 9th Cir.).
LOS ANGELES - The same day Uber Technologies Inc. revealed in a Nov. 21 statement that it had experienced a data breach in late 2016, a class action complaint was filed against the ride-hailing firm in California federal court, alleging negligence, invasion of privacy and unfair competition (Alejandro Flores v. Rasier LLC, et al., No. 2:17-cv-08503, C.D. Calif.).
UTICA, N.Y. - In a dispute over a $325 million settlement of asbestos claims, a New York federal judge on Nov. 16 addressed a number of motions filed by an insurer and a reinsurer to preclude expert testimony and certain arguments from trial (Utica Mutual Insurance Co. v. Fireman's Fund Insurance Co., No. 09-00853, N.D. N.Y., 2017 U.S. Dist. LEXIS 189911).
MONTGOMERY, Ala. - Responding to the U.S. government's objection to a court-imposed requirement that keyword searches be utilized in searching email accounts targeted by warrants, an Alabama federal judge on Nov. 17 directed the government to submit a brief explaining the search framework it would rather use (In re Search of Information Associated with 15 Email Addresses Stored at Premises Owned, Maintained, Controlled or Operated by 1&1 Media, Inc., et al., No. 2:17-cm-03152, M.D. Ala.).
SAN JOSE, Calif. - In the wake of orders partly dismissing their claims and compelling arbitration of some parties' claims, the plaintiffs in a putative class action against Intuit Inc. filed an amended complaint in California federal court Nov. 17, restating negligence and unfair competition claims related to the filing of fraudulent tax returns by criminals that exploited purported lax security in Intuit's TurboTax software (In re Intuit Data Litigation, No. 5:15-cv-01778, N.D. Calif.).
LITTLE ROCK, Ark. - Hydraulic fracturing companies on Nov. 16 filed a brief in Arkansas federal court contending that residents who have sued them alleging property damage as a result of the companies' disposal of fracking waste "consistently take liberty with the facts to add more baseless sanctions noise to this case" (Bobbie Hill, et al. v. Southwestern Energy Co., No. 12-500, E.D. Ark.).
ST. LOUIS - Following a Nov. 20 fairness hearing, a Missouri federal judge issued an order that same day granting final approval to an $11.2 million settlement between the operators of the Ashley Madison website and users of the site whose personally identifiable information (PII) was exposed in a 2015 data breach, with the judge deeming the settlement "to be the product of thorough, serious, informed, and non-collusive negotiations" (In re Ashley Madison Customer Data Security Breach Litigation, No. 4:15-cv-02669, E.D. Mo.).
SAN FRANCISCO - A California appeals court on Nov. 15 found that an employee's claims for violation of the California Labor Code and California's unfair competition law (UCL) were excluded from a mandatory arbitration provision, affirming a court's decision refusing to compel arbitration of the claims (Christopher Silva v. Fry's Electronics Inc., No. A146622, Calif. App., 1st Dist., Div. 4, 2017 Cal. App. Unpub. LEXIS 7875).
SAN JOSE, Calif. - A group of Facebook Inc. users saw their putative class claims against the social network operator dismissed for a third time Nov. 17, with a California federal judge finding that the plaintiffs still failed to establish that Facebook breached a contractual duty when it purportedly tracked their online activities (In re: Facebook Internet Tracking Litigation, No. 5:12-md-02314, N.D. Calif.).
RICHMOND, Va. - Shareholders in a securities class action lawsuit against an energy provider and its CEO have failed to show that the CEO acted with the requisite scienter in misrepresenting to investors that the company had secured a contract renewal with a large customer because they have not shown that he knew his statements were misleading at the time he made them, a Fourth Circuit U.S. Court of Appeals panel ruled Nov. 15 in affirming a federal judge's dismissal of the action (Maguire Financial LP, et al. v. PowerSecure International Inc., et al., No. 16-2163, 4th Cir., 2017 U.S. App. LEXIS 22968).
SEATTLE - An employer's use of a workweek average to arrive at the appropriate pay rate for employees doesn't violate the Fair Labor Standards Act (FLSA) as it provides employees with wages that meet the minimum wage, a Ninth Circuit U.S. Court of Appeals panel ruled Nov. 15, noting that whether the employees have a contract claim is beyond the scope of the interlocutory appeal (Kristy Douglas, et al. v. Xerox Business Services, LLC, et al., No. 16-35425, 9th Cir., 2017 U.S. App. LEXIS 22967).
HOUSTON - A Texas oil and gas exploration and production company on Nov. 17 said that enforcement proceedings to confirm a $2,026,126.32 international arbitral award have been completed and that it will receive payment of the total award.
CHICAGO - The owner of assisted living facilities violates the Illinois' Biometric Information Privacy Act (BIPA) by collecting biometric data, one former employee alleges in a class complaint filed Nov. 14 in the Cook County, Ill., Circuit Court (Jonnae Taylor, et al. v. Sunrise Senior Living Management, Inc., et al., No. 2017-CH-15152, Ill. Cir., Cook Co., Chancery Div.).
OAKLAND, Calif. - A California federal judge on Nov. 14 granted a Bulgarian machine-building company's petition to confirm a $2,119,167.79 international arbitral award issued against a California company, finding that enforcement of the award was not against public policy (TMCO Ltd. v. Green Light Energy Solutions R&D Corp., No. 4:17-cv-00997, N.D. Calif., 2017 U.S. Dist. LEXIS 188362).
WICHITA, Kan. - A plaintiff in a misappropriation of trade secrets lawsuit against its former employee and direct competitor has failed to show that expedited discovery is warranted in the action under Kansas' reasonableness or good cause test because, among other things, the plaintiff's discovery sought is overly broad, a federal magistrate judge in Kansas ruled Nov. 15 in denying the plaintiff's motion for expedited discovery (HydroChem LLC v. Loren Keating, et al., No. 17-1281, D. Kan., 2017 U.S. Dist. LEXIS 188467).
HELENA, Mont. - W.R. Grace's bankruptcy order enjoining new litigation tolled the Federal Employer's Liability Act (FELA) three-year statute of limitations for suing an associated railroad that allegedly exposed a worker to asbestos-contaminated vermiculite, the Montana Supreme Court held Nov. 14 (Kelly G. Watson v. BNSF Railway Co., et al., No. DA 17-0229, Mont. Sup., 2017 Mont. LEXIS 678).
SAN FRANCISCO - Uber Technologies Inc. has failed to perform adequate background checks on its drivers prior to hiring and has failed to monitor them after hiring, resulting in passengers - primarily females - suffering sexual harassment and assaults, two unnamed Jane Does allege in a Nov. 14 class complaint filed in a California federal court alleging violations of the Unfair Fraudulent and Unfair Business Practices Act and the Consumer Legal Remedies Act (CLRA) (Jane Doe 1, et al. v. Uber Technologies, Inc., No. 17-6571, N.D. Calif.).
TOLEDO, Ohio - An architectural expert in a home design copyright infringement action cannot opine that a company's designs do not merit copyright protection because the opinion is an impermissible legal conclusion, though the expert can testify about the similarities and differences between the parties' designs, an Ohio federal judge held Nov. 14 (Design Basics LLC v. Forrester Wehrle Homes, Inc., et al., No. 3:15-cv-00666, N.D. Ohio, 2017 U.S. Dist. LEXIS 188005).
SHERMAN, Texas - An information technology specialist can testify about whether statements made to investors by the CEO of a computer server development company were false, but cannot opine on whether the statements were misleading, a Texas federal judge ruled Nov. 14 (Securities and Exchange Commission v. William E. Mapp, III, No. 4:16-cv-00246, E.D. Texas, 2017 U.S. Dist. LEXIS 188083).
LOS ANGELES - A class complaint filed Nov. 15 in a California federal court by a plaintiff referred to only as Jane Doe 1 seeks damages from The Weinstein Company Holdings LLC (TWC), Miramax LLC, Harvey Weinstein and unnamed John Does for Harvey Weinstein's alleged widespread sexual harassment and rape of women in the film and television industry (Jane Doe 1, et al. v. The Weinstein Company Holdings, LLC, et al., No. 17-8323, C.D. Calif.).
SAN FRANCISCO - Monsanto Co. on Nov. 10 filed a brief in the multidistrict litigation for the herbicide Roundup in California federal court, arguing that the evidence offered by the plaintiffs' expert concerning the carcinogenic properties of Roundup's active ingredient glyphosate is "unreliable" and constitutes "junk science" (In re: Roundup Products Liability Litigation, No. 2741 MDL, N.D. Calif.).
NEW YORK - Shareholders in a securities class action lawsuit against car maker Fiat Chrysler Automobiles N.V. (Chrysler), certain of its executive officers and others have properly pleaded scienter and falsity in making their federal securities law claims by showing that the defendants concealed certain emissions-based issues with several of Chrysler's automobiles, a federal judge in New York ruled Nov. 13 in denying the defendants' motion to dismiss (Victor Pirnik v. Fiat Chrysler Automobiles N.V., et al., No. 15-7199, S.D. N.Y.; 2017 U.S. Dist. LEXIS 187264).