NEW YORK - A New York federal judge on Feb. 13 granted a motion for class certification in a lawsuit alleging that New York University (NYU) breached its duty of prudence under the Employee Retirement Income Security Act in its administration and management of its retirement plan (Dr. Alan Sacerdote, et al. v. New York University, et al., No. 16-6284, S.D. N.Y., 2018 U.S. Dist. LEXIS 23540).
NEW YORK - The Second Circuit U.S. Court of Appeals on Feb. 13 denied a retirement plan's administrative and investment committees' petition for permission to appeal the grant of class certification in a breach of fiduciary duty case in which the investors claim that the defendants selected company-affiliated mutual funds as plan investments rather than other better-performing mutual funds, finding that immediate appeal is unwarranted (Marya J. Leber v. Citigroup, Inc., et al., No. 07-9329, 2nd Cir.).
WASHINGTON, D.C. - An English mining company on Feb. 16 said it has filed a reply to Indonesia's opposition to a case in which the company seeks to annul an award issued by the International Centre for Settlement of Investment Disputes (ICSID), which dismissed its treaty claims related to a coal mining project (Churchill Mining PLC v. Republic of Indonesia, No. ARB/12/14 and ARB/12/40, ICSID).
NEW YORK - A biomechanical engineer is not precluded from testifying in a personal injury action over a car crash just because his opinions were stricken in another recent auto accident case, a New York federal magistrate judge ruled Feb. 14 in denying a bid by the injured driver to exclude the expert's testimony (Craig Thomas v. YRC Inc., et al., No. 16-cv-6105, S.D. N.Y., 2018 U.S. Dist. LEXIS 24384).
SAN FRANCISCO - In its third appeal to the Ninth Circuit U.S. Court of Appeals in a copyright dispute with several movie studios, video-filtering service provider VidAngel Inc. argues that a trial court improperly dismissed its counterclaims under the Sherman Act and California's unfair competition law (UCL), despite its ample pleadings of the studios' collusive actions (Disney Enterprises Inc., et al. v. VidAngel Inc., No. 17-56665, 9th Cir.).
CLARKSBURG, W.Va. - A West Virginia federal judge on Feb. 12 found that a benefits plan and insurer were not obligated to provide a plan participant with documents in relation to his discovery request because they are not the plan administrators, granting them summary judgment on his claim for violation of the Employee Retirement Income Security Act of 1974 (Figlioli v. Liberty Life Assurance Company of Boston, et al., No. 1:17CV171, N.D. W.Va., 2018 U.S. Dist. LEXIS 22155).
KANSAS CITY, Kan. - A rail car company provided no justification for why it could not have identified an expert asbestos state-of-the-art witness prior to the passage of an already extended deadline, a federal judge in Kansas held Feb. 13 in denying a motion to extend discovery and disclosure periods (Nancy Little, et al. v. The Budd Co., No. 16-4170, D. Kan., 2018 U.S. Dist. LEXIS 23230).
NEW YORK - Chapter 11 debtor Rapid-American Corp. and asbestos claimants in its bankruptcy case do not have standing to challenge subpoenas served by insurers to asbestos claims-processing facilities seeking evidence of fraud in the asbestos trust system, and besides, the information sought is relevant to the debtor's declaratory judgment action against the insurers, a New York federal bankruptcy judge held Feb. 12 (Rapid-American Corporation, et al. v. Travelers Casualty and Surety Company, et al., No. 15-01095, S.D. N.Y. Bkcy., 2018 Bankr. LEXIS 378).
CHICAGO - L.L. Bean Inc. violated the Magnuson-Moss Warranty Act and other laws when it abruptly changed its "100% Satisfaction Guarantee" policy allowing returns of any product at any time to a limited one-year warranty, an Illinois man alleges in his class complaint filed Feb. 12 in the U.S. District Court for the Northern District of Illinois (Victor Bondi, et al. v. L.L. Bean, Inc., No. 18-1101, N.D. Ill.).
WASHINGTON, D.C. - With oral arguments approaching on Feb. 27, the U.S. Department of Justice (DOJ) filed a reply brief on behalf of the federal government with the U.S. Supreme Court Feb. 12, arguing that the presumption against extraterritoriality does not prevent Microsoft Corp. from producing foreign-stored emails under a Stored Communications Act (SCA) warrant because the firm's compliance with the warrant would occur domestically (United States v. Microsoft Corp., No. 17-2, U.S. Sup.).
DENVER - After finding that an arbitrator exceeded his authority when he issued an award in a gold mining case, despite a Mexican judge's ruling that found the underlying arbitration clause to be unenforceable, a Colorado federal magistrate judge on Feb. 13 recommended that a petition to confirm the award be denied and that the award be vacated (Goldgroup Resources Inc. v. DynaResource De Mexico, S.A., C.V., et al., No. 16-cv-02547, D. Colo.).
ORLANDO, Fla. - A Florida federal judge on Feb. 12 dismissed an amended class complaint by a timeshare owner alleging various breaches by Wyndham timeshare entities for being a shotgun pleading and gave the plaintiff two weeks to file an amended complaint that properly separates the claims (Tommy J. Embree v. Wyndham Worldwide Corporation, et al., No. 16-928, M.D. Fla., 2018 U.S. Dist. LEXIS 22165).
NEW YORK - A New York federal magistrate judge on Feb. 9 granted final approval of a $1 million settlement to be paid by a Jewish school in Orange County, N.Y., to end class wage claims brought by the school's kitchen workers (Oscar Vivaldo, et al. v. United Talmudical Academy of Kiryas Joel, Inc., et al., No. 14-2636, S.D. N.Y., 2018 U.S. Dist. LEXIS 22863).
TAMPA, Fla. - Competing experts in a breach of contract lawsuit over the inspection of a company's airplane both had their proposed testimony limited Feb. 13 by a Florida federal judge (Oil Consulting Enterprise, Inc. v. Hawker Beechcraft Global Customer Support, LLC, No. 8:16-cv-3453, M.D. Fla., 2018 U.S. Dist. LEXIS 23273).
LOS ANGELES - A California federal judge on Feb. 9 certified one of two proposed subclasses, comprising oil platform and processing facility workers, in a lawsuit against the operators of a Santa Barbara, Calif., pipeline that leaked into the Pacific Ocean in May 2015, finding that common questions predominate (Keith Andrews, et al. v. Plains All American Pipeline, L.P., et al., No. 15-4113, C.D. Calif.).
ST. LOUIS - A Missouri federal judge on Feb. 12 remanded a class complaint over the St. Louis Rams moving to a new city, finding that the plaintiffs properly invoked the Class Action Fairness Act's (CAFA) local controversy exception (Ronald McAllister v. The St. Louis Rams, LLC, Nos. 16-172, 16-262, 16-297 and 16-189, E.D. Mo., 2017 U.S. Dist. LEXIS 22395).
DETROIT - Engineering consultants named as defendants in the lead-contaminated water crisis in Flint, Mich., and the class of plaintiffs alleging that they have been injured by that water on Feb. 9 filed briefs debating whether the federal district court has jurisdiction to order certain discovery at the current stage of the litigation (In re Flint Water Cases [Luke Waid, et al. v. Richard D. Snyder, et al.], No. 16-10444, E.D. Mich.).
SAN JOSE, Calif. - The city of Providence, R.I., on Feb. 12 filed a consumer protection class action complaint against Intel Corp. in California federal court, charging the microprocessor chip manufacturer with unfair competition and warranty violations related to the recently discovered "Meltdown" and "Spectre" security vulnerabilities that can reportedly affect millions of computers and devices worldwide, resulting in the exposure of users' sensitive information (Providence v. Intel Corp., No. 5:18-cv-00894, N.D. Calif.).
SAN JOSE, Calif. - Arguing in a Feb. 9 brief that they sufficiently alleged such elements as reliance, damages and unconscionability, the lead plaintiffs in a consolidated lawsuit over data breaches experienced by Yahoo Inc. oppose the internet firm's motion to dismiss in California federal court (In re: Yahoo! Inc. Customer Data Security Breach Litigation, No. 5:16-md-02752, N.D. Calif.).
BUFFALO, N.Y. - A New York federal judge on Feb. 9 issued a decision clarifying her Nov. 17 preliminary injunction issued in a class complaint filed by asylum seekers alleging prolonged detentions, finding that a pending interlocutory appeal doesn't bar the clarification (Hanad Abdi, et al. v. Kirstjen Nielsen, et al., No. 17-721, W.D. N.Y., 2018 U.S. Dist. LEXIS 22261).
ALBUQUERQUE, N.M. - Two expert witnesses for the U.S. government can testify about sex trafficking and the prostitution trade in a criminal case against a man and his female accomplice accused of forcing a 13-year-old girl to engage in commercial sex acts, a New Mexico federal judge ruled Feb. 8 after finding that both experts meet all requirements of Federal Rule of Evidence 702, Fed. R. Evid. 702 (United States of America v. Cordny Henry, No. 16-cr-1097, D. N.M., 2018 U.S. Dist. LEXIS 20896).
FORT LAUDERDALE, Fla. - A Florida federal judge on Feb. 8 dismissed a class complaint over credit card numbers being printed on receipts following preliminary approval of a settlement, ruling that the court lacks subject matter jurisdiction over the claims (Eric Kirchein, et al. v. Pet Supermarket, Inc., No. 16-60090, S.D. Fla., 2018 U.S. Dist. LEXIS 21750).
SAN JOSE, Calif. - Five and a half months after preliminarily approving a settlement between Google LLC and a class of non-Gmail users, a California federal judge on Feb. 9 granted the plaintiffs' motion for final approval of the settlement in which Google agrees to stop scanning emails sent to Gmail users (Daniel Matera, et al. v. Google LLC, No. 5:15-cv-04062, N.D. Calif.).
LONDON - An England and Wales High Court justice on Feb. 9 ordered a group of Mauritius investors to post security costs in favor of the Islamic Republic of Pakistan in relation to the investors' challenge of an arbitral award issued in Pakistan's favor in a dispute over the sale of an energy gas company (Progas Energy Limited, et al. v. The Islamic Republic of Pakistan, No.  EWHC 209 [Comm], England and Wales High, Comm.).
PENSACOLA, Fla. - Plaintiffs in the Abilify multidistrict litigation on Feb. 8 asked the court to sanction defendant Otsuka America Pharmaceutical Inc. for alleged spoliation of evidence (In Re: Ability [Aripiprazole] Products Liability Litigation, MDL Docket No. 2734, N.D. Fla., Pensacola Div.).