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.).
NEW YORK - Noting that the parties involved in a suit 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 may benefit from an early indication of class certification, a New York federal judge on Feb. 7 entered an order stating that the court intended to grant the plaintiffs' order for class certification (Dr. Alan Sacerdote, et al. v. New York University, et al., No. 1:16-cv-6284, S.D. N.Y.).
CHICAGO - Pella Corp. has agreed to pay $25.75 million to resolve claims from homeowners alleging that the company's ProLine series of windows were defective by allowing water to intrude the casing, causing wood rot, plaintiffs say in a brief filed in Illinois federal court seeking approval of the agreement (Kent Eubank, et al. v. Pella Corp., No. 06 C 4481, N.D. Ill.).
WILMINGTON, Del. - Defendants' postponement of a deposition did not waive their right to cross-examine the witness, who died two weeks after he gave truncated testimony, a Delaware judge held Feb. 7 in finding the testimony inadmissible (William Derek Sykes, et al. v. Air & Liquid Systems Corp., et al., No. N14C-03-028 ASB, Del. Super., New Castle Co.).
NEW YORK - The purchaser of Russian chick peas that were never delivered pursuant to three contracts sued the seller of the product in a New York federal court on Feb. 9, seeking to confirm an English arbitral award issued in its favor (PKT Associates Inc. v. Granum Group LLC, No. 1:18-cv-01169, S.D. N.Y.).
PORTLAND, Maine - A Maine dairy company and a class of workers entangled in a wage-and-hour lawsuit stemming from the lack of a serial comma in a list of activities exempted from Maine's overtime law filed a motion on Jan. 8 for preliminary review of a proposed $5 million settlement (Christopher O'Connor, et al. v. Oakhurst Dairy, et al., No. 14-192, D. Maine).
HAMMOND, Ind. - An Indiana federal judge on Feb. 7 trimmed testimony from two experts for a woman who says a faulty pelvic organ prolapse device she had inserted caused her a multitude of physical injuries (Barbara Kaiser, et al. v. Johnson & Johnson, et al., No. 2:17-cv-114, N.D. Ind., 2018 U.S. Dist. LEXIS 19950).
ST. LOUIS - A Missouri federal judge on Feb. 7 denied a motion by a candy company to dismiss a class complaint accusing it of deceiving customers by slack-filling its boxes of chocolate-covered raisins, finding that the named plaintiff has made sufficient claims to proceed at this stage (Lahonee Hawkins, et al. v. Nestle U.S.A. Inc., No. 17-205, E.D. Mo., 2018 U.S. Dist. LEXIS 19933).
SAVANNAH, Ga. - A cardiologist's lack of experience working in a prison setting does not preclude him from offering expert opinions on the standard of care provided to a man who died while incarcerated, a Georgia federal judge held Feb. 8 (Belinda Lee Maley, et al. v. Corizon Health, Inc., et al., No. 4:16-cv-060, S.D. Ga., 2018 U.S. Dist. LEXIS 21344).
SOUTH BEND, Ind. - In response to what an Indiana federal judge called two "head-scratching" motions, a federal judge in Indiana on Feb. 8 denied Zimmer Biomet Holding Inc.'s (Biomet) motions for summary judgment on a state-of-the-art defense regarding its metal-on-metal hips and for lack of causation testimony in four non-metal-on-metal hip cases (In Re: Biomet M2a Magnum Hip Implant Products Liability Litigation, MDL Docket No. 2391, No. 12-md-2391, N.D. Ind., South Bend Div., 2018 U.S. Dist. LEXIS 20758).
OAKLAND, Calif. - A California federal judge on Feb. 6 refused to dismiss claims for violation of California's unfair competition law (UCL) and other causes of action asserted by consumers against The Clorox Co., finding that the company's "naturally derived" labeling could have deceived them into purchasing the products (Joseph Gregorio, et al. v. The Clorox Company, No. 17-cv-03824, N.D. Calif., 2018 U.S. Dist. LEXIS 19542).
LONDON - A Canadian mining company on Feb. 8 said the president of a tribunal hearing a treaty dispute over a mining project commenced against Romania has resigned Feb. 7, and the International Centre for Settlement of Investment Disputes (ICSID) has stayed the case until the vacancy is filled.
NEW YORK - The Second Circuit U.S. Court of Appeals on Feb. 6 affirmed a $41.5 million jury award against a private school in Connecticut for negligence in a lawsuit claiming that a student contracted tick-borne encephalitis (TBE) during a school trip to China, finding that the trial court did not abuse its discretion in its expert witness rulings (Orson D. Munn, III, et al. v. The Hotchkiss School, No. 14-2410, 2nd Cir., 2018 U.S. App. LEXIS 2852).
CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on Feb. 6 reinstated a class suit accusing an insurance company of breaching its long-term care policy by doubling an insured's premiums after she turned 67, ruling that the lead named plaintiff is entitled to relief on her contract claim and that, as a result, dismissal of the remaining claims was premature (Margery Newman, et al. v. Metropolitan Life Insurance Company, No. 17-1844, 7th Cir., 2018 U.S. App. LEXIS 2890).
THE HAGUE, Netherlands - The Permanent Court of Arbitration (PCA) on Feb. 6 announced that it will soon hold a hearing to determine the amount of compensation owed to a U.S. quarry developer by the government of Canada in an arbitration being conducted pursuant to the North American Free Trade Agreement (NAFTA) (Bilcon of Delaware, et al. v. Government of Canada, No. 2009-04, PCA).
CHICAGO - A customer of Uber Technologies Ltd. on Feb. 5 filed a motion to stay his putative class action in Illinois federal court over the ride-sharing service's 2016 data breach, in light of a pending motion to consolidate 18 such cases before the U.S. Judicial Panel on Multidistrict Litigation (JPMDL) (Bradley West v. Uber USA LLC, et al., No. 1:17-cv-08593, N.D. Ill.).
WASHINGTON, D.C. - An ad hoc committee for the International Centre for Settlement of Investment Disputes (ICSID) on Feb. 7 released its decision in a treaty arbitration commenced by a holding company against the Bolivarian Republic of Venezuela, rejecting the company's application to annul an award in which the tribunal found that it lacked jurisdiction over the case (Venoklim Holding BV v. Bolivarian Republic of Venezuela, No. ARB/12/22, ICSID).
INDIANAPOLIS - An Indiana federal magistrate judge on Feb. 2 denied a disability claimant's motion to compel discovery on the basis that the claimant failed to meet her burden of proving that the plan operated under a conflict of interest that would entitle her to conduct discovery (Angel Allen v. The Lilly Extended Disability Plan, et al., No. 16-2224, S.D. Ind., 2018 U.S. Dist. LEXIS 17290).
LOS ANGELES - A customer on Feb. 2 sued Spirit Airlines Inc. in a California federal court, alleging that it violated California's unfair competition law (UCL) and engaged in false advertising by misrepresenting that its products are the least expensive available (Nikki Giavasis v. Spirit Airlines, Inc., No. 2:18-cv-864, C.D. Calif.).
WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on Feb. 2 released its ICSID Caseload - Statistics for last year, reporting an increase in new case filings.
FORT WAYNE, Ind. - A medical expert for a doctor's race bias claims against his former employer used no reliable reasoning or methodology in forming his opinions on the doctor's state of mind when seeking consultations and on the employer's peer-review process, so the opinions are inadmissible, a federal judge in Indiana ruled Feb. 5 (Bhaktavatsala R. Apuri, M.D. v. Parkview Health Systems, Inc., et al., No. 1:16-cv-363, N.D. Ind., 2018 U.S. Dist. LEXIS 17986).
PASADENA, Calif. - A Ninth Circuit U.S. Court of Appeals panel on Feb. 6 rejected the sole challenge to a $25 million settlement to be paid by Trump University LLC - the now-defunct school that was owned by President Donald J. Trump - to end claims that the school was a sham and defrauded its students out of millions of dollars (Sonny Low, et al. v. Trump University, LLC, et al., No. 17-55635, 9th Cir., 2018 U.S. App. LEXIS 2920).
LOS ANGELES - A California court on Feb. 1 affirmed a trial court's dismissal of a purchaser's class action claims for violation of California's unfair competition law (UCL) and another California law against a solar energy products company, finding that the company was not required to be a licensed contractor to complete its installations (Shawn Reed v. Sunrun Inc., No. B276862, Calif. App., 2nd Dist., Div. 2, 2018 Cal. App. Unpub. LEXIS 743).
LYON, France - A French biopharmaceutical company on Feb. 6 announced that it asserted additional claims in an arbitration commenced against Eli Lilly & Co. in relation to its alleged misappropriation of confidential information, seeking more than $200 million in damages.