BATON ROUGE, La. - After finding that public interest factors weighed in favor of dismissal on forum non conveniens grounds, a Louisiana federal judge on Sept. 18 dismissed a widow's claims related to a settlement that was approved by an arbitrator in the Philippines (Aina Z. Layson v. Baffin Investments Ltd., et al., No. 14-518, M.D. La.; 2015 U.S. Dist. LEXIS 24962).
CINCINNATI - Two policyholders of Nationwide Mutual Insurance Co. argued to the Sixth Circuit U.S. Court of Appeals in a Sept. 18 appellant brief that they have standing to bring a class action against the insurer under the Fair Credit Reporting Act (FCRA) after their personally identifiable information (PII) was stolen in a 2012 data breach, seeking reversal of a trial court order that found that they had suffered no injury in fact (Mohammad S. Galaria, et al. v. Nationwide Mutual Insurance Co., No. 15-3386 and 15-3387, 6th Cir.).
WASHINGTON, D.C. - The admission of expert reports in a lawsuit challenging the constitutionality of certain gun laws enacted by the District of Columbia was not an abuse of discretion, the District of Columbia U.S. Court of Appeals affirmed Sept. 18 (Dick Anthony Heller, et al. v. District of Columbia, et al., No. 14-7071, D.C. App.; 2015 U.S. App. LEXIS 16632).
ORLANDO, Fla. - An insured seeking uninsured motorist (UM) benefits failed to show that his expert's testimony on causation is based on sufficient facts and data or that it is the product of a reliable methodology, a Florida federal judge ruled Sept. 18 (William Scott Carmody v. State Farm Mutual Automobile Insurance Co., No. 14-830, M.D. Fla.; 2015 U.S. Dist. LEXIS 125056).
RIVERSIDE, Calif. - Seven owners of Volkswagen Group of America Inc. vehicles filed a class complaint in California federal court on Sept. 20 accusing the car maker of intentionally installing software on more than 482,000 diesel vehicles that circumvents U.S. Environmental Protection Agency emissions standards for certain air pollutants (Michael McCabe, et al. v. Volkswagen Group of America, Inc., No. 15-1930, C.D. Calif.).
CLEVELAND - Without expert testimony on whether there were any design defects that caused mold to develop in a washing machine, an Ohio federal judge granted summary judgment on Sept. 17 to the machine's manufacturer on breach of warranty, negligent design and failure to warn claims (Maureen Huffman v. Electrolux Home Products, Inc., No. 12-2681, N.D. Ohio; 2015 U.S. Dist. LEXIS 124259).
PITTSBURGH - An expert's omission of proffered price-influencing variables in testimony in an antitrust class action does not render his regression analysis "irrelevant," a Pennsylvania federal judge ruled Sept. 18, denying a motion to exclude that testimony (Resco Prods., Inc. v. Bosai Minerals GRP., et al., No. 06-235, W.D. Pa.; 2015 U.S. Dist. LEXIS 124930).
OAKLAND, Calif. - Dismissal of federal claims in a securities class action lawsuit is proper because a lead plaintiff has failed to state a viable claim for relief against a software provider and certain of its executive officers, a federal judge in California ruled Sept. 17 (Viswanath V. Shankar v. Imperva Inc., et al., No. 14-1680, N.D. Calif.; 2015 U.S. Dist. LEXIS 125279).
SAN JOSE, Calif. - In a Sept. 19 summary judgment motion in California federal court, Yahoo Inc. asserts that its email scanning functions, which are at the heart of a privacy class action, comprise beneficial antivirus functions and benign targeted advertising but do not violate asserted federal and state privacy laws (In Re Yahoo Mail Litigation, No. 5:13-cv-04980, N.D. Calif.).
SAN JOSE, Calif. - Social media giant Facebook Inc. told a California federal court in a Sept. 18 motion that the named plaintiffs in a five-year-old putative class action do not have standing to bring their privacy claims under Article III of the U.S. Constitution because they have not established any third-party access of their personal information or any injury in fact, thus meriting dismissal of the case (In Re: Facebook Privacy Litigation, No. 5:10-cv-02389, N.D. Calif.).
PROVIDENCE, R.I. - Lead plaintiffs in a securities class action lawsuit on Sept. 14 asked a federal judge in Rhode Island to preliminarily approve a $48 million settlement with CVS Caremark Corp. and certain of its executive officers over alleged misrepresentations made regarding CVS's 2007 merger with Caremark Rx Inc. (Richard Medoff v. CVS Caremark Corp., et al., No. 09-0554, D. Rhode Island).
BIRMINGHAM, Ala. - A federal judge in Alabama on Sept. 16 limited the scope of testimony offered by experts in a suit brought by Union Insurance Co. seeking to void a policy it issued to the owner of an apartment complex, finding that some of the proffered testimony was irrelevant (Union Insurance Company v. Blakeney Palmer Co. LLC, No. 12-cv-04072-RDP-TMP, N.D. Ala.; 2015 U.S. Dist. LEXIS 123220).
SAN FRANCISCO - Social network provider Twitter Inc. was hit with a putative class action Sept. 14, when a Texas man filed a complaint in California federal court, alleging violations of the Electronic Communications Privacy Act (ECPA) and the California Invasion of Privacy Act (***) by Twitter's purported intercepting, reading and sometimes altering private messages between Twitter users (Wilford Raney v. Twitter Inc., No. 3:15-cv-04191, N.D. Calif.).
SAN FRANCISCO - An intellectual property holding and licensing firm filed a motion in California federal court Sept. 14, seeking an award of sanctions against Apple Inc. for what it calls unjustified misrepresentation of the technology giant's knowledge of the flash memory patents in suit prior to the filing of the present lawsuit, which it says resulted in prejudice and the dismissal of willful infringement claims (Longitude Licensing Ltd., et al. v. Apple Inc., No. 3:14-cv-4275, N.D. Calif.).
MINNEAPOLIS - A group of banks and financial institutions (FIs, collectively) suing Target Corp. in the wake of a massive 2013 data breach, saw their motion for class certification granted Sept. 15 by a Minnesota federal judge who found that they had sufficiently presented prima facie evidence of negligence and related damages to merit class treatment of their claims against the retailer (In re: Target Corporation Customer Data Security Breach Litigation, No. 0:14-md-02522, D. Minn.).
ST. LOUIS - An Eighth Circuit U.S. Court of Appeals panel on Sept. 15 reversed a federal judge in Missouri's ruling certifying a class for residents who live near the site of a pipeline that leaked in 1963 after finding that the plaintiffs' alleged fear of spreading contamination is not an injury that can support a common-law claim for nuisance (Bruce Smith, et al. v. ConocoPhillips Pipe Line Company, No. 14-2191, 8th Cir.; 2015 U.S. App. LEXIS 16393).
HONG KONG - A U.K. company on Sept. 14 announced that a Hong Kong arbitration tribunal has awarded it costs and fees incurred in arbitration filed by Chinese entities in relation to a dispute over emissions reduction purchase agreements after the recent dismissal of all claims against it.
WASHINGTON, D.C. - The International Tribunal for Settlement of Investment Disputes (ICSID) on Sept. 15 announced that hearings on an application filed by the Republic of Guatemala to annul a $28,621,247 arbitration award issued in favor of a Delaware company will commence in October (Teco Guatemala Holdings LLC v. The Republic of Guatemala, No. ARB/10/23, ICSID).
GREEN BAY, Wis. - Experts can testify on how a chemical, called urea, when added to whey protein, causes false protein readings and otherwise affects the health of calves and how the use of urea could result in deceiving buyers, a Wisconsin federal judge ruled Sept. 15, denying insureds' motion to exclude its underwriter's experts in a breach of duty case (Daniel J. Ratajczak, Jr., et al. v. Beazley Solutions Ltd., et al., No. 13-45, E.D. Wis.; 2015 U.S. Dist. LEXIS 122916).
PHILADELPHIA - Apple Inc. on Sept. 14 removed a class complaint accusing the company of failing to pay workers in its stores in Pennsylvania for the time they spend waiting for and undergoing security checks to a Pennsylvania federal court pursuant to the Class Action Fairness Act (CAFA) (Natasha Franklin, et al. v. Apple, Inc., No. 15-5119, E.D. Pa.).
MACON, Ga. - A Georgia federal judge on Sept. 14 excluded an expert's testimony in a negligence and strict products liability lawsuit regarding whether a golf cart company failed to or had a duty to investigate a leaf spring failure in 2008 before a golf cart accident (April Danielle Pfeil and John Pfeil v. Mike's Golf Carts, LLC, No. 13-434, M.D. Ga.; 2015 U.S. Dist. LEXIS 121801).
NEW YORK - A federal judge in New York on Sept. 14 dismissed a securities class action complaint filed against a medical device maker and its CEO, ruling that the lead plaintiff in the action failed to properly plead an actionable misrepresentation or scienter in making his federal securities law claims (In re EDAP TMS S.A. Securities Litigation, No. 14-6069, S.D. N.Y.; 2015 U.S. Dist. LEXIS 121960).
TAMPA, Fla. - At a bench trial, parties in a trademark infringement lawsuit can argue as to the reliability and helpfulness of experts' testimony, a Florida federal judge ruled Sept. 11, denying a motion to exclude and denying summary judgment on a breach of contract claim (One Hour Air Conditioning Franchising, LLC v. Dallas Unique Indoor Comfort, Ltd., No. 13-3278, M.D. Fla.; 2015 U.S. Dist. LEXIS 121263).
NEW YORK - A New York federal judge on Sept. 11 denied a motion by the Equal Employment Opportunity Commission for summary judgment in a gender bias suit, but granted in part a motion by the EEOC for a bifurcated trial (Equal Employment Opportunity Commission v. Mavis Discount Tire, Inc., et al., No. 12-741, S.D. N.Y.; 2015 U.S. Dist. LEXIS 121527).
PHILADELPHIA - A Pennsylvania federal judge on Sept. 10 entered a final judgment in favor of a Taiwanese corporation in relation a Chinese arbitration award, ordering a Pennsylvania entity to pay it $6,943,817.13, representing the full amount of the award, fees and interest (Clientron Corp. v. Devon IT Inc., No. 13-05634, E.D. Pa.).