LOS ANGELES - Plaintiffs leading a proposed class action suit over air-conditioning units manufactured by Daikin Industries Ltd. that have evaporator coils that are allegedly defective filed a notice of appeal in California federal court on April 24 stating that they will ask the Ninth Circuit U.S. Court of Appeals to review a ruling dismissing their lawsuit (Joanna Park-Kim, et al. v. Daikin Industries, Ltd., et al., No. 15-cv-9523-CAS, C.D. Calif.).
CHICAGO - An Illinois federal judge on April 21 certified a class of more than 68,000 Illinois residents who were mailed collection letters that allegedly failed to include disclosures as required by the Fair Debt Collection Practices Act (FDCPA) (Renetrice R. Pierre, et al. v. Midland Credit Management, Inc., No. 16-2895, N.D. Ill., 2017 U.S. Dist. LEXIS 61107).
NEWARK, N.J. - After an appeals court revived a putative class action under the Fair Credit Reporting Act (FCRA) related to the theft of laptops containing policyholders' personally identifiable information (PII), an insurer on April 21 filed a renewed dismissal motion in New Jersey federal court, arguing that statute governs actions of credit-reporting agencies, not health insurance providers (In Re Horizon Healthcare Services Inc. Data Breach Litigation, No. 2:13-CV-07418, D. N.J.).
MINNEAPOLIS - A federal judge on April 21 dismissed two class complaints filed in the U.S. District Court for the District of Minnesota accusing an online university of knowingly misrepresenting how long it took to complete its doctoral program, finding that they are barred under the first-filed rule and that only a class complaint in an Ohio federal court alleging substantially similar claims may proceed (Jennifer Wright, et al. v. Walden University, LLC, et al., No. 16-4037, Aaron Bleess v. Walden University, LLC, et al., No. 16-4402, D. Minn., 2017 U.S. Dist. LEXIS 61331).
SANTA ANA, Calif. - In an April 21 brief in California federal court, Experian Information Solutions Inc. opposes a motion to compel by the plaintiffs in a putative data breach class action, contending that a forensic consultant's report on the breach constitutes legal advice that is exempt from discovery under attorney-client privilege and the work product doctrine (In Re Experian Data Breach Litigation, No. 8:15-cv-01592, C.D. Calif.).
WASHINGTON, D.C. - The former owner of a Chilean newspaper, who asserted claims against the Republic of Chile for damages in the amount of $422 million that were dismissed, on April 21 filed an application to terminate cases in which he requested that the award be interpreted and a case seeking rectification of the award (Victor Pey Casado and Foundation Presidente Allende v. Republic of Chile, No. ARB/98/2, ICSID).
WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on April 25 registered an application filed by a German company to partially annul an award issued in an arbitration commenced against the Argentine Republic in a dispute over a concession for the construction of a toll road and bridges in Argentina (Hochtief AG v. The Argentine Republic, No. ARB/07/31, ICSID).
EAST ST. LOUIS, Ill. - An Illinois federal judge on April 21 granted Bayer Corp.'s motion for summary judgment in an Aleve case after excluding the plaintiff's two experts from testified that the over-the-counter pain reliever caused permanent kidney damage (Kenneth Hale, et al. v. Bayer Corporation, et al., No. 15-745, S.D. Ill., 2017 U.S. Dist. LEXIS 61077).
NEW ORLEANS - The federal judge in Louisiana overseeing litigation stemming from defective drywall manufactured in China on April 21 adopted an expert's formula that states that class members should receive $86 per square foot to remediate damage to their homes' electrical and plumbing systems that resulted from the use of the building material that was made by Taishan Gypsum Co. Ltd. and other China-based companies (In re: Chinese-Manufactured Drywall Products Liability Litigation, MDL No. 2407, E.D. La., 2017 U.S. Dist. LEXIS 60911).
NEW YORK - Requiring experts to actually sample and test the release of asbestos fibers from products would be fatal to almost all cases, given the lack of existing products to test and their inherent hazards, a New York justice held in allowing the testimony of three experts in an opinion posted April 20 (Jeanne Evans, et al. v. 3M Co., et al., No. 190109/2015, N.Y. Sup., New York Co.).
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on April 21 certified a question to the California Supreme Court on whether high interest rates on consumer loans violated California finance law (Eduardo De La Torre, et al. v. CashCall Inc., Nos. 14-17571, 15-15042, 9th Cir., 2017 U.S. App. LEXIS 6997).
AUSTIN, Texas - In an April 21 brief to the Texas Supreme Court, filed in response to a post-oral argument brief by the real parties in interest in a dispute over the discovery submission form for electronically stored information (ESI) in an insurance coverage lawsuit, an insurer argues that a trial court's requirement that ESI submission be in the form requested by the plaintiffs did not properly balance relevance, needs and burdens under Texas law (In re State Farm Lloyds, No. 15-0903, Texas Sup.).
PHOENIX - An Arizona court on April 20 affirmed a man's convictions and sentences, finding that a trial court did not err when it allowed two detectives to testify that a substance they found in his car was marijuana (State of Arizona v. Shamar Terrek Norris, No. 16-0238, Ariz. App., Div. 1, 2017 Ariz. App. Unpub. LEXIS 446).
DES MOINES, Iowa - An Iowa trial court erred when it stayed a price-fixing class complaint filed by chiropractors against the state's largest health insurer pending resolution of a federal multidistrict litigation in Alabama, the Iowa Supreme Court ruled April 21, vacating the order staying the action and remanding for further proceedings (Bradley A. Chicoine, et al. v. Wellmark, Inc., et al., No. 16-0364, Iowa Sup., 2017 Iowa Sup. LEXIS 38).
OMAHA, Neb. - A proposed expert who planned to testify on the standard of care for dewatering companies in Council Bluffs, Iowa, is unqualified to offer his opinion in support of claims brought by a construction company, a federal judge in Nebraska ruled April 20, finding that the man only worked for the company that was subsequently hired by the plaintiff company to provide dewatering services for a construction site (Judds Brothers Construction Co. v. Mersino Dewatering, Inc., No. 16CV1, D. Neb., 2017 U.S. Dist. LEXIS 60367).
SAN FRANCISCO - In an April 19 ruling, a California federal magistrate judge denied Google Inc.'s motion to quash a warrant, issued under the Stored Communications Act (SCA), for foreign-stored data, concluding that the warrant on California-based Google constituted a domestic application of the statute that does not run afoul of the presumption against extraterritorial application of U.S. laws (In the Matter of the Search of Content That is Stored at Premises Controlled by Google, No. 3:16-mc-80263, N.D. Calif., 2017 U.S. Dist. LEXIS 59990).
WASHINGTON, D.C. - Affirming a trial court's ruling, a District of Columbia Circuit U.S. Court of Appeals panel on April 21 found an investigative demand served by the Consumer Financial Protection Bureau (CFPB) on a college accreditation organization to be unenforceable because it did not comply with the notification requirements of the Consumer Financial Protection Act (CFPA) (Consumer Financial Protection Bureau v. Accrediting Council for Independent Colleges and Schools, No. 16-5174, D.C. Cir., 2017 U.S. App. LEXIS 6966).
WASHINGTON, D.C. - In its April 24 order list, the U.S. Supreme Court denied certiorari to the American Civil Liberties Union in the organization's request for clarification of the standard for when a document becomes an "agency record" that is subject to Freedom of Information Act (FOIA) requests (American Civil Liberties Union, et al. v. Central Intelligence Agency, et al., No. 16-629, U.S. Sup.).
SAN FRANCISCO - Wells Fargo & Co. and Wells Fargo Bank N.A. have agreed to increase their settlement payment to $142 million, $32 million more than the settlement proposed in March, to end claims by a class of individuals who allege that the banking company opened accounts, enrolled them in products and services and submitted applications for products and services without consent, according to a motion for preliminary approval filed by the plaintiffs on April 20 in the U.S. District Court for the Northern District of California (Shahriar Jabbari, et al. v. Wells Fargo & Company, et al., No. 15-2159, N.D. Calif.).
PROVIDENCE, R.I. - A Rhode Island federal judge on April 18 adopted a report by a magistrate judge who recommended dismissal of an amended complaint arising under the Employee Retirement Income Security Act alleging that CVS Health Corp., its employee benefits plan committee and the manager of one of the plan's investment options breached their fiduciary duties because new material in the complaint is insufficient to permit an inference of imprudence and dismissed the complaint with prejudice (Mary Barchock, et al. v. CVS Health Corp., et al., No. 1:16-cv-00061, D. R.I., 2017 U.S. Dist. LEXIS 59083).
NEW YORK - An English energy supplier on April 18 filed an ex parte application in a New York federal court, seeking assistance in obtaining certain evidence held by a bank for use in an international arbitration commenced by it in relation to a dispute over the alleged forced taking of power-generating equipment by the Commonwealth of Australia (In re Application of APR Energy Holdings Limited for Judicial Assistance in obtaining Evidence in this District for Use in a Foreign and International Proceeding Pursuant to 28 U.S.C. 1782, No. 1:17-cv-02784, S.D. N.Y.).
FORT LAUDERDALE, Fla. - A Utah woman filed a putative class complaint April 18 against the provider of a physician consultation smartphone app, telling a Florida federal court that the app shares users' sensitive medical information with a third-party firm, breaching the app maker's duty to keep this information confidential (Joan Richards v. MDLive Inc., No. 0:17-cv-60760, S.D. Fla.).
CHICAGO - Bose Corp. was hit with a putative eavesdropping class complaint in Illinois federal court April 18, when a customer alleged that the stereo equipment manufacturer has been collecting and sharing, via a smartphone application, records of its customers' private music and audio selections (Kyle Zak v. Bose Corp., No. 1:17-cv-02928, N.D. Ill.).
WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on April 18 registered an application filed by Hungary to annul an arbitral award that was issued in favor of a French social benefit company (Edenred S.A. v. Hungary, No. ARB/13/21, ICSID).
NEW HAVEN, Conn. - A Connecticut federal judge on April 19 certified a class of retirees in a suit filed by an employer seeking a court declaration that a union has the authority to agree to changes in retiree medical benefits for those persons who retired after a 1996 class action settlement that provided the retirees with medical benefits without violating federal law (Barnes Group, Inc. v. International Union United Automobile Aerospace & Agricultural Implement Workers of America, et al., No. 16-559, D. Conn., 2017 U.S. Dist. LEXIS 59761).