BOSTON - A court did not err in permitting an arresting officer to testify to his qualifications as a drug recognition expert (DRE), the Massachusetts Court of Appeals ruled Nov. 18, affirming the convictions against a man charged with drunk driving (Commonwealth of Massachusetts v. Reginald Remy, No. 14-P-1588, Mass. App.; 2015 Mass. App. Unpub. LEXIS 1066).
AUSTIN, Texas - An expert may not testify as to whether a woman's conduct in operating a utility vehicle was negligent, and the expert may not give an opinion on the safety or feasibility of design alternatives, a Texas federal judge ruled Nov. 17, granting and denying in part several motions to exclude testimony in a lawsuit arising out of the alleged design and marketing defects in the vehicle (Virginia Nester and Robert Scott Nester v. Textron, Inc. d/b/a E-Z Go, No. 13-920, W.D. Texas; 2015 U.S. Dist. LEXIS 155386).
MINNEAPOLIS - In granting final approval of a settlement between a consumer class and Target Corp. related to 2013 data breaches of the retailer's network, a Minnesota federal judge on Nov. 17 opined that "the settlement represents a significant victory for a class whose legal claims are . . . tenuous" (In re: Target Corporation Customer Data Security Breach Litigation, No. 0:14-md-02522, D. Minn.; 2015 U.S. Dist. LEXIS 155137).
WHITE PLAINS, N.Y. - A plaintiff's expert cannot testify on the processes at a plant for Coca Cola Refreshments USA Inc. and whether they were the negligent cause of a plaintiff swallowing a "brittle" object in one of its soda cans, a New York federal judge ruled Nov. 18 (Shawn W. Bickham v. Coca Cola Refreshments USA, Inc., No. 14-3341, S.D. N.Y.; 2015 U.S. Dist. LEXIS 156066).
NEW YORK - A captive insurer argued in a federal court in New York on Nov. 16 that its reinsurer should be compelled to arbitrate a Hurricane Sandy-related reinsurance dispute in London (Infrassure, Ltd. v. First Mutual Transportation Assurance Company, Inc., No. 15-cv-8230, S.D. N.Y.).
RENO, Nev. - In a Nov. 16 dismissal motion in Nevada federal court, online retailer Zappos.com Inc. seeks dismissal of the third amended complaint in a putative class action over a June 2012 data breach, arguing that the plaintiffs again failed to plead any concrete, particularized injuries attributable to the breach (In Re Zappos.com Inc., Customer Data Security Breach Litigation, No. 3:12-cv-00325, D. Nev.).
OMAHA, Neb. - A Nebraska federal judge on Nov. 13 denied in its entirety a motion to compel production filed by employees in a wage-and-hour dispute, finding that discovery had been limited to issues related to class certification and that the employers had already turned over those records (Ezequiel Olivares Abarca, et al. v. Werner Enterprises, Inc., et al., No. 14-319, D. Neb.; 2015 U.S. Dist. LEXIS 153858).
OVERLAND PARK, Kan. - Two experts in an insurance subrogation lawsuit against Deere & Co. are barred from testifying that insureds did not make efforts to keep a combine free of crop accumulation or that they did not heed fire prevention warnings about crop accumulation, a Kansas federal judge ruled Nov. 16 (Scottsdale Insurance Co. a/s/o Chris Cherney and Karly Cherney v. Deere & Co., No. 14-01183, D. Kan.; 2015 U.S. Dist. LEXIS 154485).
MINNEAPOLIS - In a product liability case, a metallurgical engineer may offer testimony on what caused pivot bearings in a truck to break, a Minnesota federal judge ruled Nov. 17 (Randy Bruska v. Bunting Bearings LLC, et al., No. 13-3076, D. Minn.; 2015 U.S. Dist. LEXIS 154920).
LONDON - An English appeals court on Nov. 17 dismissed an appeal filed by a petroleum corporation and a Pakistan entity of a decision that found that an international arbitration court has jurisdiction to hear a dispute related to contracts for oil exploration and allowed a Mauritius company's appeal to set aside a stay of the case (Sadruddin Hashwani, et al. v. OMV Maurice Energy Limited, No.  EWCA Civ. 1171).
WASHINGTON, D.C. - The International Tribunal for Settlement of Investment Disputes (ICSID) on Nov. 12 constituted a tribunal to hear an arbitration commenced by two U.K. companies and a Kenyan mining entity against the Republic of Kenya (Cortec Mining Kenya Limited, Cortec [Pty] Limited and Stirling Capital Limited v. Republic of Kenya, ICSID Case No. ARB/15/29).
NEW ORLEANS - A treating physician's testimony is admissible in an employee's lawsuit against its employer for injuries suffered at the job, a Louisiana federal judge ruled Nov. 12, also permitting a vocational rehabilitation expert and an expert economist to testify (Cedric Anders v. Hercules Offshore Services, LLC, No. 15-393, E.D. La.; 2015 U.S. Dist. LEXIS 153167).
MONTGOMERY, Ala. - An expert may not testify in a slip-and-fall lawsuit against Wal-Mart Stores East LP that a plaintiff's injuries resulted from "an unreasonably dangerous condition" and that a painted crosswalk "was not in compliance with industry standards for being slip resistant because the paint did not contain an appropriate aggregate material," an Alabama federal judge ruled Nov. 12 (Duane Alsip as administrator and personal representative of the Estate of Emma Alsip v. Wal-Mart Stores East, LP and Sovereign Commercial Maintenance Company LLC, No. 14-474, S.D. Ala.; 2015 U.S. Dist. LEXIS 153069).
OAKLAND, Calif. - A California federal judge on Nov. 13 granted preliminary approval of a tortilla trans-fat labeling settlement that provides only injunctive relief to the settlement class (Victor Guttmann v. Ole Mexican Foods, Inc., No. 14-4845, N.D. Calif.; 2015 U.S. Dist. LEXIS 154046).
SAN FRANCISCO - A Los Angeles woman on Nov. 13 filed a putative class action against Vizio Inc. in California federal court, alleging violation of the federal Video Protection Privacy Act (VPPA) through the inclusion of tracking software in Vizio's "high-definition and internet connected televisions (smart TVs) (Palma Reed v. Cognitive Media Networks Inc., et al., No. 3:15-cv-05217, N.D. Calif.).
SAN DIEGO - A California federal magistrate judge on Nov. 13 denied a motion filed by the employer in a wage-and-hour suit seeking contempt sanctions and disqualification after the lead plaintiff collected information about the potential class and then decided not to move for class certification (Jack Hernandez, et al. v. Best Buy Stores, L.P., et al., No. 13-2587, S.D. Calif.; 2015 U.S. Dist. LEXIS 154103).
LOUISVILLE, Ky. - An expert is qualified to testify on the drafting provisions of the Consumer Product Safety Improvement Act of 2008 (CPSIA) in a breach of contract lawsuit regarding products allegedly made with too much lead content, a Kentucky federal judge ruled Nov. 13 (Hillerich & Bradsby Co. v. Charles Products, Inc., No. 13-00978, W.D. Ky.; 2015 U.S. Dist. LEXIS 154122).
CLEVELAND - An Ohio federal judge on Nov. 13 denied a motion for emergency relief filed by an eyeglass retailer accused of violating Ohio state law with its "Buy One Get One Free" ads (Elliott Graiser v. Visionworks of America, Inc., No. 15-2306, N.D. Ohio; 2015 U.S. Dist. LEXIS 153802).
DETROIT - A Michigan federal judge on Nov. 13 granted a petition to confirm a $139 million award issued in favor of several corporations and against a Chinese investor in a communications company, finding that proper notice of the arbitration in Hong Kong was given (Intel Capital [Cayman] Corporation, et al. v. Shan Yi, No. 15-mc-50406, E.D. Mich.; 2015 U.S. Dist. LEXIS 153495).
DETROIT - A forensic laboratory specialist may testify on the fingerprints found on a firearm in a lawsuit charging a man for being a felon in possession of a firearm in violation of 18 U.S. Code Section 922(g)(1), a Michigan federal judge held Nov. 12 (United States of America v. Sonny Lamarr Phillips, No. 14-20611, E.D. Mich.; 2015 U.S. Dist. LEXIS 153019).
WASHINGTON, D.C. - In the U.S. Supreme Court's Nov. 16 order list, Justice Clarence Thomas offered a dissent for a denial of certiorari of a case pertaining to the withholding of certain documents pertaining to a federal grant to Planned Parenthood of Northern New England in response to a Freedom of Information Act request by an anti-abortion organization (New Hampshire Right to Life v. U.S. Department of Health and Human Services, No. 14-1273, U.S. Sup.; 2015 U.S. LEXIS 7169).
MILWAUKEE - A plaintiff company in a cost-recovery suit brought under the Comprehensive Environmental Response, Compensation, and Liability Act must disclose amounts of money it has received from its insurance company and other indemnitors and cannot shield the information under the collateral source rule, a federal judge in Wisconsin ruled Nov. 10 (Appvion Inc., et al. v. P.H. Glatfelter Co., et al., No. 08-C-16, E.D. Wis.; 2015 U.S. Dist. LEXIS 152456).
NEW YORK - A federal judge in New York on Nov. 12 appointed a pension fund as lead plaintiff in a securities class action lawsuit, ruling that the pension fund suffered the largest financial losses of those seeking appointment as lead plaintiff and because it has met all other statutory requirements (International Union of Operating Engineers Local No. 478 Pension Fund v. FXCM Inc., et al., No. 15-3599, S.D. N.Y.; 2015 U.S. Dist. LEXIS 153202).
PHILADELPHIA - A Pennsylvania appeals panel on Nov. 12 affirmed summary judgment against the last 12 Fixodent denture cream plaintiffs based on the exclusion of their four general causation expert witnesses (In Re: Denture Adhesive Cream Litigation, No. 915 EDA 2014, Pa. Super.).
SOUTHFIELD, Mich. - Although a Michigan federal judge on Nov. 10 refused to bar an attorney from testifying in a legal malpractice lawsuit, the judge nonetheless granted summary judgment to the attorney and law firm on the primary claim (Melanie A. DeVolder v. Richard L. Lee, Jr., et al., No. 14-10624, E.D. Mich.; 2015 U.S. Dist. LEXIS 152001).