WASHINGTON, D.C. - In a May 8 amicus curiae brief presenting the U.S. government's views, U.S. Solicitor General (SG) Noel J. Francisco asks the U.S. Supreme Court to grant certiorari to Apple Inc. in a lawsuit over alleged anti-competitive behavior related to Apple's App Store, arguing that the Ninth Circuit U.S. Court of Appeals incorrectly found the putative class of app purchasers to be direct purchasers in contradiction of controlling case law (Apple Inc. v. Robert Pepper, et al., No. 17-204, U.S. Sup.).
HONG KONG - The Hong Kong International Arbitration Centre (HKIAC) on May 10 announced that it has launched a panel of arbitrators for Financial Services Disputes.
NEW YORK - A New York federal judge on May 8 granted a holding company's request to be appointed as the receiver for all the shares in another entity's primary asset to satisfy approximately $30 million in damages that remains unpaid from three Singapore arbitral awards (Daum Global Holdings Corp. v. Ybrant Digital Limited, et al., No. 13-CV-3135, S.D. N.Y., 2018 U.S. Dist. LEXIS 77552).
LINCOLN, Neb. - A promissory note holder failed to comply with a court order before filing a motion to compel discovery in a dispute over a reinsurer's alleged breach of the promissory note executed pursuant to a reinsurance participation agreement (RPA), a Nebraska federal magistrate judge held May 4 (Applied Underwriters Inc. v. Top's Personnel Inc., No. 15-90, D. Neb.).
MIAMI - After finding that a company's claims against a designer and others directly related to a purchase agreement for alligator hatchlings and eggs, a Florida federal judge on May 7 found that the dispute must be compelled to arbitration in Italy (Caporicci U.S.A. Corp. v. Prada S.p.A, et al., No. 18-20859, S.D. Fla.).
THE HAGUE, Netherlands - The Permanent Court of Arbitration (PCA) on May 9 announced that it has issued a confidential award on the merits in an arbitration commenced by real estate investors against the Russian Federation (Everest Estate LLC, et al. v. The Russian Federation, No. 2015-36, PCA).
RICHMOND, Va. - A human resources expert for a woman alleging that her former employer discriminated against her because of her age cannot testify in the case because the expert's opinions are "impermissible legal conclusions" with no reliable methodology supporting them, a Virginia federal judge ruled May 4 (Angela Georges v. Dominion Payroll Services, LLC, No. 3:16-cv-777, E.D. Va., 2018 U.S. Dist. LEXIS 76112).
SAN FRANCISCO - Investment bank Wells Fargo & Co. has agreed to pay $480 million to settle claims that the company and several of its current and former senior executives and others engaged in a scheme whereby the bank would open deposit and credit card accounts for existing customers without their knowledge or permission and list those accounts as new business in violation of federal securities laws, according to Wells Fargo's quarterly report that was filed May 4 with the Securities and Exchange Commission (Gary Hefler, et al. v. Wells Fargo & Co., et al., No. 16-5479, N.D. Calif.).
SINGAPORE - A Singapore offshore holding company on May 4 announced that it has commenced arbitration against Mexico, asserting claims for violation of a bilateral investment treaty in relation to investments in vessel charters.
ST. LOUIS - A water heater manufacturer won summary judgment May 4 against a couple that claimed that a defect in one of its products caused a fire that burned down their lake house, when a Missouri federal judge excluded the couple's causation experts and then found that without the expert testimony, they could not succeed on their claims (Thomas E. Howard, Jr., et al. v. Bosch Thermotechnology Corp., No. 4:17-cv-763, E.D. Mo., 2018 U.S. Dist. LEXIS 75421).
SAN DIEGO - The Equal Employment Opportunity Commission filed a complaint on May 3 in a California federal court on behalf of a class of Hispanic workers accusing a national grocery chain of violating federal law when it enacted a no-Spanish policy (U.S. Equal Employment Opportunity Commission v. Albertsons Companies Inc., et al., No. 18-0852, S.D. Calif.).
NEW ALBANY, N.Y. - An Indiana federal judge on May 2 partly sustained an insured's objection to a magistrate's decision not to compel certain documents from her long-term disability insurance provider, concluding that information about the insurer's reserves was relevant to contractual claims over termination of benefits (Lanisa Kelly v. Lincoln National Life Insurance Co., No. 4:15-cv-00126, S.D. Ind., 2018 U.S. Dist. LEXIS 74741).
RICHMOND, Va. - A trial court did not abuse its discretion in allowing a radiologist to offer expert opinions on whether a woman had osteoporosis at the time she was allegedly injured by police during an altercation in her home, the Fourth Circuit U.S. Court of Appeals found May 2 in an unpublished per curiam opinion (Robin Ann Burkhart v. Officer R. Dickel, et al., No. 17-1165, 4th Cir., 2018 U.S. App. LEXIS 11359).
NEW YORK - Plaintiffs filed an amended class action complaint in a New York federal court on May 1 accusing a life insurer and a private investment firm, which acquired the insurer, of breaching their policies by unlawfully increasing the cost of premiums to recoup costs associated with the acquisition (Derek Fan, et al. v. Phoenix Life Insurance Co., et al., No. 18-01288, S.D. N.Y.).
MILWAUKEE - A plaintiff's "deluge" of nearly 2,000 pages of documents in support of a "second kick at the cat" raises no new evidence warranting reconsideration of a Daubert ruling, but rather seems to be an attempt to overwhelm the court with paper in hopes it simply gives in, a federal judge in Wisconsin held May 2 in excluding an asbestos expert (Beverly Ahnert, et al. v. Brand Insulation Inc., et al., Nos. 10-156, 13-1456, E.D. Wis.).
WASHINGTON, D.C. - Two energy companies and the Republic of Ghana on May 1 filed an appeal and cross-appeal with the D.C. Circuit U.S. Court of Appeals in relation to a recent district court ruling in which a judge confirmed a $11.75 million award issued by the Permanent Court of Arbitration (PCA) (Balkan Energy Limited, et al. v. Ghana, 18-7061, D.C. Cir.).
PARIS - After finding that a German entity did not hold an investment in the Republic of Kosovo in relation to the canceled sale of shares in Kosovo's postal and communication authority, a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) dismissed all of the company's claims for lack of jurisdiction (ACP Axos Capital GmbH v. Republic of Kosovo, No. ARB/15/22, ICSID).
DALLAS - An expert's opinion on damages in a suit over an energy drink products licensing agreement gone sour is "so speculative and unreliable that it would not assist the jury" and, therefore, must be excluded, a Texas federal judge held May 2 in overruling objections to a magistrate judge's findings (Jacked Up, LLC v. Sara Lee Corporation, No. 3:11-cv-3296, N.D. Texas, 2018 U.S. Dist. LEXIS 74721).
BOSTON - A Massachusetts federal judge on May 2 denied a disability claimant's motion to reopen the administrative record to conduct additional discovery because the claimant failed to present sufficient evidence that would justify reopening the administrative record (Amy Scolnick v. Prudential Insurance Company of America, No. 17-11430, D. Mass., 2018 U.S. Dist. LEXIS 73976).
WASHINGTON, D.C. - A Netherlands company on May 1 filed its reply in a District of Columbia federal court to the Bolivarian Republic of Venezuela's recently filed opposition to its motion for an order modifying the stay of its petition to confirm a $491,081,701 arbitral award pending the outcome of annulment proceedings (OI European Group B.V. v. Bolivarian Republic of Venezuela, No. 1:16-cv-01533, D. D.C.).
RALEIGH, N.C. - A state trial court did not err in admitting expert testimony from a police crime lab technician, a North Carolina appeals court panel held May 1 in affirming a man's conviction for possession of crack cocaine (State of North Carolina v. Paul Arnold Gray, No. COA17-508, N.C. App., 2018 N.C. App. LEXIS 428).
PHILADELPHIA - A voluntary reduction-in-force (RIF) program by a Delaware chemical company wasn't subject to the Employee Retirement Income Security Act, a Third Circuit U.S. Court of Appeals panel ruled April 30, upholding dismissal of a class complaint by three participants (Mark Girardot, et al. v. The Chemours Company, No. 17-1894, 3rd Cir., 2018 U.S. App. LEXIS 10993).
PHILADELPHIA - The city of Philadelphia and a bank on May 1 jointly moved a Pennsylvania federal court for entry of a confidentiality order in relation to discovery in a lawsuit in which the city alleges that the bank engaged in discriminatory lending practices in minority communities (Philadelphia v. Wells Fargo & Co., et al., No. 17-2203, E.D. Pa.).
SEATTLE - An insurer is not entitled to documents related to an environmental contamination allocation proceeding involving its insured because the documents sought are confidential and include information about parties not involved in the insured's coverage suit, a Washington federal judge said April 27 (King County v. Travelers Indemnity Co., et al., No. 14-1957, W.D. Wash., 2018 U.S. Dist. LEXIS 71720).
SAN DIEGO - A California federal judge on April 30 granted a consumer, who alleges that a surcharge added to a restaurant bill violates California's unfair competition law (UCL) and other laws, leave to file an amended complaint to add a claim for actual damages under the California Consumers Legal Remedy Act (CLRA) (Kathleen Holt v. Noble House Hotels & Resorts Ltd., et al., No. 17-cv-2246, S.D. Calif., 2018 U.S. Dist. LEXIS 10955).