CINCINNATI - Relatives of a man who died in his 93-degree apartment who sued a utility company for wrongful death for denying the man utility services due to lack of a photo ID can present testimony from a medical expert that the man died from "probable heat stroke," a divided Sixth Circuit U.S. Court of Appeals ruled July 27 (Dorothy Mae Johnson, et al. v. Memphis Light Gas & Water Division, No. 16-6143, 6th Cir., 2017 U.S. App. LEXIS 13765).
RICHMOND, Va. - A cellular service provider seeking to establish federal jurisdiction under the Class Action Fairness Act (CAFA) must provide a federal court with enough facts that it can find "that it is more likely than not that the class action belongs in federal court," a Fourth Circuit U.S. Court of Appeals panel ruled July 28 (Michael A. Scott, et al. v. Cricket Communications, LLC, No. 16-2300, 4th Cir., 2017 U.S. App. LEXIS 13718).
ST. PAUL, Minn. - Lead plaintiffs in a securities class action lawsuit against a 3D printer manufacturer and certain of its executive officers have failed to plead any actionable misrepresentations in claiming that the defendants violated federal securities laws by misrepresenting the company's business prospects, an Eighth Circuit U.S. Court of Appeals panel ruled July 25 in affirming a federal district court's ruling dismissing the suit (In re Stratasys Ltd. Shareholder Securities Litigation, No. 16-3264, 8th Cir.; 2017 U.S. App. LEXIS 13370).
FORT WAYNE, Ind. - A federal judge in Indiana on July 26 ruled that the costs of investigating the levels of lead and arsenic contamination emanating from a Superfund site near a housing complex as well as the costs the complex's residents incurred in relocating from the property are recoverable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), but dismissed a proposed class' claims for nuisance against E.I. du Pont de Nemours and Co. and the Chemours Co. (Lerithea Rolan, et al. v. Atlantic Richfield Company, et al., No. 16-CV-357-TLS, N.D. Ill., 2017 U.S. Dist. LEXIS 117437).
SANTA ANA, Calif. - Lead plaintiffs in a securities class action lawsuit against a pharmaceutical company and certain of its executive officers have shown that the defendants issued misrepresentations regarding the clinical trial results for the company's breast cancer treatment drug in violation of federal securities laws, a federal judge in California ruled July 25 in denying the defendants' motion to dismiss (Hsingching Hsu v. Puma Biotechnology Inc., et al., No. 15-0865, C.D. Calif.).
FORT MYERS, Fla. - After finding that a Brazilian company's attempt to enforce a $14 million award falls within the scope of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards and not Florida law, a Florida federal judge refused to remand the case to a state court (Kozma Investmentos, Ltda. v. Edson Pereira Duda, et al., No. 2:17-cv-306, M.D. Fla., 2017 U.S. Dist. LEXIS 117728).
SAN FRANCISCO - A group of Seagate Technology LLC employees on July 27 moved for preliminary approval of a putative class action over a 2016 phishing incident at the company that exposed their personally identifiable information (PII), asking a California federal court to greenlight relief in the form of restitution and identity theft protection, potentially valued at $42 million (Everett Castillo, et al. v. Seagate Technology LLC, No. 3:16-cv-01958, N.D. Calif.).
BOSTON - A Russian company on July 26 filed a petition to confirm an international arbitral award issued in its favor and against a Massachusetts company, seeking enforcement of the $280,493 award of damages in its favor (Nanoelectro Research and Production Co. v. Alphysica Inc., No. 1:17-cv-11378, D. Mass.).
CINCINNATI - An Ohio federal judge on July 25 dismissed a class complaint against a medical facility where an orthopedic surgeon is alleged to have performed unnecessary procedures based on an inappropriate class representative and denied a motion to intervene, finding that there is little need for the suit because it would create duplicitous litigation (Jacob Durham v. Cincinnati Children's Hospital Medical Center, No. 15-438, S.D. Ohio, 2017 U.S. Dist. LEXIS 115941).
DALLAS - The estate of a deceased attorney was properly granted access to his emails related to a lawsuit at the heart of an unpaid fee dispute, a Texas appeals panel ruled July 25, finding that attorney-client privilege did not bar discovery because the estate stood in the attorney's shoes (In re Cokinos, Boisien & Young, No. 05-16-01331-CV, Texas App., 5th Dist., 2017 Tex. App. LEXIS 6911).
CHICAGO - An expert in police practices for a woman suing Chicago police after being wrongly convicted of murdering her young son cannot testify at trial about coercive interrogations and false confessions because he is not qualified to offer such testimony, an Illinois federal judge ruled July 27 (Nicole Harris v. City of Chicago, et al., No. 14-4391, N.D. Ill., 2017 U.S. Dist. LEXIS 117613).
NEW YORK - A New York federal judge on July 24 granted PricewaterhouseCoopers LLP's (PwC) motion for judgment on the pleadings in an Employee Retirement Income Security Act class action, saying that the plaintiffs failed to establish that they are entitled to relief under ERISA for their whipsaw claims (Timothy Laurent, et al. v. Pricewaterhouse Coopers LLP, et al., No. 06-cv-2280, S.D. N.Y., 2017 U.S. Dist. LEXIS 115067).
SAN FRANCISCO - A federal judge in California on July 26 denied a motion to dismiss filed by defendants in a securities class action lawsuit against GoPro Inc. and certain of its executive officers, ruling that the lead plaintiff in the action properly pleaded a material misrepresentation or omission, scienter and loss causation in making his federal securities law claims (Anton Bielousov v. GoPro Inc., et al., No. 16-6654, N.D. Calif.; 2017 U.S. Dist. LEXIS 117223).
JEFFERSON CITY, Mo. - A Missouri federal judge on July 24 granted in part and denied in part summary judgment motions and amended class definitions in a dispute over whether a homeowners insurer should have applied a deductible to the actual cash value (ACV) payment it issued the insureds for their hail damage loss (David Bond, et al. v. Liberty Insurance Corp., No. 15-04236, W.D. Mo., 2017 U.S. Dist. LEXIS 114778).
SPRINGFIELD, Ill. - Nothing in the record suggests that a company's appeal of a ruling ordering it to produce index cards it claims contain trade secrets is a frivolous one or that the move is simply a ploy designed to delay trial, an Illinois appeals court held July 26 (Larry Salvatore Sr., et al. v. Cleaver-Brooks, et al., No. 4-17-0244, Ill. App., 4th Dist.).
ORLANDO, Fla. - A defendant's allegation regarding the plaintiff's citizenship based only "upon information and belief" is insufficient for removal under the Class Action Fairness Act, a Florida federal judge ruled July 25 (Frank Ayers v. State Farm Mutual Automobile Insurance Company, et al., No. 17-1265, M.D. Fla., 2017 U.S. Dist. LEXIS 115829).
SAN FRANCISCO - The plaintiffs in a putative class action over the sharing of contact information on devices made by Apple Inc. saw their class certification motion denied July 25, with a California federal judge finding that the plaintiffs failed to establish the necessary predominance factors in their false advertising and unfair competition claims against Apple (Marc Opperman, et al. v. Kong Technologies Inc., et al., No. 3:13-CV-00453, N.D. Calif., 2017 U.S. Dist. LEXIS 116333).
ST. LOUIS - An Eighth Circuit U.S. Court of Appeals panel on July 25 reversed a ruling by an Arkansas trial court that found that attorneys for both sides of a class action insurance dispute violated Federal Rule of Civil Procedure 11 and abused the judicial process when they stipulated to the dismissal of a federal action to refile in state court (Kenneth Castleberry, et al. v. USAA, et al., No. 16-3382, Wystan Ackerman, et al. v. USAA, et al., No. 16-3482, 8th Cir., 2017 U.S. App. LEXIS 13369).
CHARLESTON, S.C. - A medical expert's opinion that exposure to asbestos in gaskets substantially contributed to the entire dose that caused a man's mesothelioma simply reiterates scientific fact and is sufficiently case-specific to avoid being the "every exposure" theory, a man told a federal judge on July 24 in asking that he reconsider his ruling excluding the testimony (John E. Haskins and Mary L. Haskins v. 3M Co., et al., No. 15-2086, James Willson Chesher, et al. v. 3M., No. 15-2123, D. S.C., 2017 U.S. Dist. LEXIS 113657).
HOUSTON - Bass Pro Outdoor World LLC will pay $10.5 million to settle a hiring discrimination and retaliation "pattern or practice" lawsuit filed by the Equal Employment Opportunity Commission on behalf of 50,000 job applicants, according to a consent decree filed in the U.S. District Court for the Southern District of Texas on July 25 (U.S. Equal Employment Opportunity Commission v. Bass Pro Outdoor World, LLC, et al., No. 11-3425, S.D. Texas).
JEFFERSON CITY, Mo. - A Missouri federal judge on July 24 granted an insured's motion to intervene as the representative of a class action alleging that a homeowners insurer committed breach of contract when it unlawfully applied a policy's $1,000 deductible to an actual cash value (ACV) payment in a hailstorm coverage dispute (Eric Lafollette v. Liberty Mutual Fire Insurance Co., No. 14-04147, W.D. Mo.; 2017 U.S. Dist. LEXIS 114779).
BURLINGTON, Vt. - Partial summary judgment is not warranted in a securities class action lawsuit against a coffee company and certain of its executive officers because lead plaintiffs have stated a plausible claim for relief in making their federal securities law claims, a federal judge in Vermont ruled July 21 in denying the defendants' motion for partial judgment on the pleadings (Louisiana Municipal Police Employees' Retirement System, et al. v. Green Mountain Coffee Roasters Inc., et al., No. 11-0289, D. Vt.; 2017 U.S. Dist. LEXIS 114473).
SINGAPORE - The Permanent Court of Arbitration (PCA) and the Singapore Ministry of Law on July 25 jointly announced that the PCA will open an office in Singapore to administer cases.
NEW YORK - A global finance and investment firm on July 22 announced that it is entitled to about $140 million from a recent arbitral award issued by the International Centre for Settlement of Investment Disputes (ICSID) in a treaty dispute between two Spanish companies and the Argentine Republic.
WILLIAMSPORT, Pa. - A State College, Pa., restaurant facing a class complaint by five delivery drivers over the restaurant's tip-pooling policy denied the claims in its July 21 answer filed in a Pennsylvania federal court and brought counterclaims accusing the lead named plaintiff of fraud, negligent and intentional misrepresentation and breach of the duty of loyalty (Jacob Wilson, et al. v. Wings Over Happy Valley MDF, LLC, et al., No. 17-915, M.D. Pa.).