RENO, Nev. - In a pair of opposition briefs filed Feb. 3 in Nevada federal court, the plaintiffs in a putative class action pertaining to a breach of Zappos.com Inc.'s servers defend the sufficiency of their negligence and deceptive trade practices claims that the online retailer seeks to dismiss (In Re Zappos.com Inc., Customer Data Security Breach Litigation, No. 3:12-cv-00325, D. Nev.).
DETROIT - A Michigan appeals panel on Feb. 2 ruled that a trial court abused its discretion by refusing to appoint a computer forensic expert in a child pornography case when the defendant presented information demonstrating that there is a connection between the facts of the case and the need for a defense expert (People of the State of Michigan v. Thomas Joseph Agar, No. 321243, Mich. App.; 2016 Mich. App. LEXIS 190).
MINNEAPOLIS - An association and a general contractor did not waive work product protection by providing documents to their testifying expert in an insurance coverage dispute involving allegations of defective construction and management of a housing development project, a Minnesota federal judge ruled Feb. 1 (James River Insurance Co. v. The Interlachen Propertyowners Association and Kuepers Construction, Inc., No. 14-3434, D. Minn.; 2016 U.S. Dist. LEXIS 12318).
RICHMOND, Va. - Unlawful debt collection class allegations against a company associated with tribal payday lender Western Sky Financial are not subject to arbitration because the arbitration agreement at issue impermissibly attempts to sidestep state and federal law in favor of tribal jurisdiction and, therefore, is invalid and unenforceable, the Fourth Circuit U.S. Court of Appeals held Feb. 2 in reversing a federal judge's ruling (James Hayes, et al. v. Delbert Services Corporation, Nos. 15-1170 and 15-1217, 4th Cir.; 2016 U.S. App. LEXIS 1747).
WASHINGTON, D.C. - A task force representing thousands of Italian bondholders and an Argentine ministry on Feb. 2 announced that they have reached a preliminary settlement for the payment of defaulted bonds, possibly ending an arbitration that was registered by the International Centre for Settlement of Investment Disputes in 2007 (Abaclat and others v. The Argentine Republic, No. ARB/07/05, ICSID).
DETROIT - A putative class on Jan. 31 filed a lawsuit in Michigan federal court against state officials who the class contends are liable for damages for acts that "unilaterally" resulted in contaminating the drinking water in Flint, Mich., with lead (Beatrice Boler, et al. v. Darnell Earley, et al., No. 16-10323, E.D. Mich.).
GREENWICH, Conn. - A group of investors on Feb. 1 served the Republic of Peru with a notice of intent to commence arbitration under a promotion trade treaty, seeking payment in relation to their investment in Peruvian agrarian reform bonds.
SAN JOSE, Calif. - Data storage firm Seagate Technology LLC was hit with a putative class complaint Feb. 1 in California federal court, as a South Dakota man alleged unfair competition, false advertising and breach of warranty related to purportedly defective hard disk drives (Christopher A. Nelson v. Seagate Technology LLC, No. 5:15-cv-00523, N.D. Calif.).
LOS ANGELES - A California federal judge on Jan. 28 denied a disability insurer's motion to deny class certification after determining that the motion is premature because the complaint does not show that class certification would never be appropriate (Angela DeLeon v. Standard Insurance Co., et al., No. 15-7419, C.D. Calif.; 2016 U.S. Dist. LEXIS 11639).
RIVERSIDE, Calif. - A California federal judge on Jan. 28 granted a shoe retailer's motion to dismiss claims asserted against it by a purchaser for violation of California's unfair competition law (UCL) and other state laws, finding that she failed to show that the retailer's comparative prices were deceptive (Marilyn Sperling v. DSW Inc., et al., No. 15-1366, C.D. Calif.; 2016 U.S. Dist. LEXIS 11012).
SAN DIEGO - A customer of Bose Corp. filed a putative class action against the electronics and stereo retailer on Jan. 29 in California federal court, alleging that it improperly collects customers' personal identification information (PII) during credit card transactions in violation of California's Song-Beverly Credit Card Act (Patrick Keegan v. Bose Corp., No. 3:16-cv-00232, S.D. Calif.).
WASHINGTON, D.C. - An ad hoc committee for the International Centre for Settlement of Investment Disputes (ICSID) on Feb. 1 rejected an application filed by the Argentine Republic to annul an award issued in a case filed by a French investor, finding that the tribunal did not manifestly exceed its powers and that there were no serious departures from the fundamental rules of procedure, among other findings (Total S.A. v. Argentina, ICSID Case No./ ARB/04/01).
SAN FRANCISCO - A federal judge in California on Jan. 27 granted in part and denied in part a motion to dismiss filed by a corporation and certain of its executive officers in a securities class action lawsuit, ruling that some of the alleged misrepresentations cited by the lead plaintiff in making his claims are nonactionable (In re Energy Recovery Inc. Securities Litigation, No. 15-0265, N.D. Calif.; 2016 U.S. Dist. LEXIS 9781).
ESPOO, Finland - Nokia Corp. on Feb. 1 announced that an international arbitration court has issued an award in a patent license dispute with Samsung.
DALLAS - An offer of judgment by an insurance company made to the named plaintiff in a class complaint over allegedly unauthorized sales calls made to cell phones does not moot the claims, a Texas federal judge ruled Jan. 27, denying the company's motion to dismiss or stay the complaint (Tiffney Jamison, et al. v. Esurance Insurance Services, Inc., No. 15-2484, N.D. Texas; 2016 U.S. Dist. LEXIS 9294).
BOSTON - A Massachusetts federal judge on Jan. 27 granted a motion to dismiss a class complaint accusing a computer maker of falsely advertising an extended battery life, finding that the plaintiff failed to allege actual or reasonable reliance on the alleged misrepresentation and also failed to state a claim under the cited North Carolina law or for breach of express warranty (Orlando Medeiros, et al. v. Lenovo [United States], Inc., No. 15-10261, D. Mass.).
FLINT, Mich. - A Michigan federal judge on Jan. 27 denied without prejudice a motion for class certification filed in a Telephone Consumer Protection Act (TCPA) suit on the same day the complaint was filed, opining that premature motions are no longer necessary following the U.S. Supreme Court's decision in Campbell-Ewald Co. v. Gomez (No. 14-857, 577 U.S. __ ) (Timothy Sheridan v. Diversified Consultants, Inc., et al., No. 16-10144, E.D. Mich.; 2016 U.S. Dist. LEXIS 9144).
PHILADELPHIA - A federal judge in Pennsylvania on Jan. 26 granted final approval of an $8 million settlement in a securities class action lawsuit claiming that a pharmaceutical company and certain of its executive officers misrepresented the marketing and sale of one of its antibiotic drugs in violation of federal securities laws (In re ViroPharma Inc. Securities Litigation, No. 12-2714, E.D. Pa.; 2016 U.S. Dist. LEXIS 8626).
BROOKLYN, N.Y. - A federal judge in New York ruled that emails between former hedge fund manager Martin Shkreli and attorney Evan Greebel are not covered under attorney-client privilege, according to an order that was unsealed Jan. 26 (In re Grand Jury Investigation, No. 15-mc-2227, E.D. N.Y.).
CHICAGO - A federal judge in Illinois on Jan. 26 granted preliminary approval to a revised settlement agreement with modifications and conditionally certified a proposed class of current and former college athletes who filed suit against the National Collegiate Athletic Association for allegedly understating the seriousness of concussions and not treating them correctly (In Re: National Collegiate Athletic Association Student-Athlete Concussion Injury Litigation, MDL No. 2492, N.D. Ill.; 2016 U.S. Dist. LEXIS 8595).
NEWARK, N.J. - A New Jersey federal judge on Jan. 27 dismissed New Jersey state claims brought as part of a nationwide class complaint accusing BMW of North America LLC of falsely advertising its single turbocharger engines as having twin turbochargers (Deepkarn Singh Bedi, et al. v. BMW of North America, LLC, No. 15-1898, D. N.J.; 2016 U.S. Dist. LEXIS 9365).
TACOMA, Wash. - A Washington federal judge declined on Jan. 27 to exclude experts from an insured and an insurer in a potential class action lawsuit involving allegations that the insurer hid the availability of coverage for diminished value (Gene Achziger v. IDS Property Casualty Insurance Co., No. 14-5445, W.D. Wash.; 2016 U.S. Dist. LEXIS 9671).
NEW YORK - Affirming a trial court's ruling, the Second Circuit U.S. Court of Appeals on Jan. 26 concluded that the National Security Counsel (NSC) does not meet the statutory definition of a government "agency" and, thus was not required to comply with a Freedom of Information Act (FOIA) request for documents related to the government's use of drones (Main Street Legal Services Inc. v. National Security Council, No. 13-3792, 2nd Cir.; 2016 U.S. App. LEXIS 1203).
CHICAGO - Police officers were qualified in a constitutional rights lawsuit to testify about excessive force used by a fellow officer, the Seventh Circuit U.S. Court of Appeals affirmed Jan. 28 (United States of America v. Terry Joe Smith, Nos. 14-3744 & 14-3721, 7th Cir.; 2016 U.S. App. LEXIS 1353).
JACKSON, Miss. - Mississippi Attorney General (AG) Jim Hood is not entitled to a jury trial in the present declaratory action, Google Inc. argues in a Jan. 25 reply brief in support of a motion to strike the AG's jury demand, noting that it seeks equitable relief rather than damages in countering a discovery subpoena by the AG that Google says violates the protections of the Communications Decency Act (CDA) (Google Inc. v. Jim Hood, No. 3:14-cv-00981, S.D. Miss.).