WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Feb. 23 rejected a corporation's request for provisional measures in a case filed against the Oriental Republic of Uruguay, refusing to suspend or end a criminal investigation in Uruguay of two of its expert witnesses (Itabla Corp. v. Oriental Republic of Uruguay, No. ARB/16/9, ICSID).
SAN DIEGO - A California federal judge on Feb. 22 denied preliminary approval of a $2 million settlement proposed by Costco Wholesale Corp. to end truck drivers' wage claims and ordered plaintiffs' counsel to show why sanctions should not be imposed after counsel agreed to file an amended complaint that added a Fair Labor Standards Act (FLSA), 29 U.S.C. 201, et seq., claim that was subsequently released in the settlement agreement without any additional compensation to the class (Douglas Thompson, et al. v. Costco Wholesale Corporation, et al., No. 14-2778, S.D. Calif., 2017 U.S. Dist. LEXIS 24964).
SAN FRANCISCO - A Canadian cloud-based e-commerce platform will not need to respond to a subpoena sought by The Pokemon Company International Inc. in connection with Pokemon's allegations a retailer committed copyright infringement, a California federal magistrate judge ruled Feb. 22 (The Pokemon Company International Inc. v. Shopify Inc., No. 16-80272, N.D. Calif., 2017 U.S. Dist. LEXIS 24987).
TULSA, Okla. - A federal judge in Oklahoma on Feb. 21 granted a professional liability insurer's motion to stay discovery pending resolution of its motion for summary judgment in a dispute over coverage for an underlying breach of contract suit brought against the insured by a former business partner (Doug Schwegman, d/b/a Schwegman Insurance and Financial Services v. Continental Casualty Co., No. 16-0730, N.D. Okla., 2017 U.S. Dist. LEXIS 23780).
BALTIMORE - While Ford Motor Co. must respond to discovery requests in an asbestos action, the plaintiffs' requests are overly broad and the company's responses can be limited to the vehicles and times in question, a federal magistrate judge in Maryland said Feb. 21 (Helen Thomas Fish, et al. v. Air & Liquid Systems Corp., et al., No. 16-496, D. Md., 2017 U.S. Dist. LEXIS 24188).
SAN FRANCISCO - The rights of the public, the press and the class she is seeking to represent outweigh the privacy interests of the lead plaintiff in a lawsuit accusing NFL Enterprises LLC and individual teams of conspiring to suppress the wages of cheerleaders, a California federal judge ruled Feb. 22, denying the plaintiff's motion to proceed using a pseudonym (Jane Doe, et al. v. NFL Enterprises LLC, et al., No. 17-496, N.D. Calif., 2017 U.S. Dist. LEXIS 24991).
TAMPA, Fla. - A Florida federal judge on Feb. 22 denied an insurer's motion to exclude expert testimony on sinkhole damage, finding that the expert's methodology is reliable and that the testimony will assist a trier of fact (Goetz D. Vehse v. Liberty Mutual Fire Insurance Company, No. 8:16-cv-599, M.D. Fla., 2017 U.S. Dist. LEXIS 24483).
WASHINGTON, D.C. - A District of Columbia federal judge on Feb. 22 denied a motion to remand a class complaint accusing an insurer of breach of contract for failing to pay its insureds for the diminished value of their vehicles, finding that the amount in controversy exceeds $5 million (Evna T. LaVelle, et al. v. State Farm Mutual Automobile Insurance Company, No. 16-1082, D. D.C., 2017 U.S. Dist. LEXIS 24198).
BROOKLYN, N.Y. - A New York federal judge on Feb. 17 found that most of Amtrak's claims of attorney-client privilege should be sustained with some exceptions, adopting the majority of a special master's report and recommendation in a coverage dispute over environmental contamination (Certain Underwriters at Lloyd's, et al., v. National Railroad Passenger Corp., et al., No. 14-4717, E.D. N.Y., 2017 U.S. Dist. LEXIS 23680).
NEW ORLEANS - A federal judge in Louisiana on Feb. 21 partially granted and partially denied motions to dismiss claims brought by a class of residents who contend that Chevron USA Inc. and related companies are liable for contaminating their groundwater with naturally occurring radioactive material (NORM), ruling that the plaintiffs have a valid strict liability claim but do not have a claim for punitive damages against all defendants (Joseph Robertson, et al. v. Chevron USA Inc., et al., No. 15-00874, E.D. La.).
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Feb. 21 stayed an appeal in a Cymbalta withdrawal class action pending a U.S. Supreme Court ruling in a case with a similar issue (Melissa Strafford, et al. v. Eli Lilly and Company, No. 15-56808, 9th Cir.).
CINCINNATI - A federal district court did not err in dismissing a securities class action lawsuit because shareholders failed to plead scienter and the defendants' alleged misleading statements were forward-looking and protected, a Sixth Circuit U.S. Court of Appeals panel ruled Feb. 21 in affirming (IBEW Local No. 58 Annuity Fund, et al. v. EveryWare Global Inc., et al., No. 16-3445, 6th Cir., 2017 U.S. Dist. LEXIS 2925).
NEW YORK - A group of London market reinsurers on Feb. 20 brought to the attention of a federal court in New York that the lead witness in a reinsurance arbitration has recently been convicted of conspiracy and securities and wire fraud (Certain Underwriting Members at Lloyd's, London v. Insurance Company of the Americas, No. 16-cv-00323, S.D. N.Y.).
AUGUSTA, Ga. - A federal judge in Georgia on Feb. 22 dismissed without prejudice a proposed class action suit accusing Daikin Industries Ltd. (DIL), Daikin Applied Americas Inc. (DAA) and Daikin North Americas LLC (DNA) of making and selling air conditioning units with faulty evaporator coils, ruling that a building owner lacks personal jurisdiction to assert claims against DIL and failed to state claims against DAA and DNA (Paws Holdings, LLC v. Daikin Industries, Ltd., et al., No. 16-58, S.D. Ga., 2017 U.S. Dist. LEXIS 24684).
LONDON - The Chartered Institute of Arbitrators (CIArb) on Feb. 22 announced that it has published new guidelines on the appointment of arbitrators.
ROCHESTER, N.Y. - A New York man who alleges that he and other consumers were duped about the expected battery life for their laptops is bound by an arbitration clause and may not proceed with his class complaint, a New York federal judge ruled Feb. 17 (Charles Andersen v. Walmart Stores, Inc., et al., No. 16-6488, W.D. N.Y., 2017 U.S. Dist. LEXIS 22862).
MARSHALL, Texas - A Texas federal judge on Feb. 21 partially granted a motion to exclude testimony on damages in a patent infringement case, but found that most of the expert's opinions did not justify exclusion under Daubert v. Merrell Dow Pharms. Inc. before trial (Saint Lawrence Communications LLC v. ZTE Corp., et al., No. 2:15-cv-349, E.D. Texas, 2017 U.S. Dist. LEXIS 23505).
GREENBELT, Md. - A federal judge in Maryland on Feb. 21 excluded the testimony of an expert in a trademark infringement lawsuit on grounds that his opinions were "non-substantiated proclamations on the ultimate questions of law and he lacked the requisite training education or experience in the relevant field of proffered expertise" (JFJ Toys Inc., et al. v. Sears Holdings Corporation, et al., No. 14-3527, D. Md.).
WASHINGTON, D.C. - An ad hoc Committee for the International Centre for Settlement of Investment Disputes (ICSID) on Feb. 22 released its decision to deny a request by two entities to lift a stay of enforcement of a $48,619,578 arbitral award issued in their favor, continuing the stay until pending annulment proceedings filed by the Plurinational State of Bolivia are concluded (Quiborax S.A., et al. v. Plurinational State of Bolivia, ARB/06/02, ICSID).
WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 21 denied a petition for writ of certiorari filed by the Czech Republic-Ministry of Health, which sought review of an appellate court decision that reversed the denial of a petition to confirm a $325 million arbitral award in favor of a Liechtenstein corporation (The Czech Republic-Ministry of Health v. Diag Human S.E., No. 16-620, U.S. Sup.).
CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on Feb. 17 dismissed the appeal of a trial court's denial of class certification in a lawsuit alleging unlawful detention by an Illinois city, finding that it lacked jurisdiction after the named plaintiff accepted an individual offer of judgment (Marquise Wright v. Calumet City, Illinois, No. 16-2219, 7th Cir., 2017 U.S. App. LEXIS 2823).
OMAHA, Neb. - A trial court properly found that a procedural notice error in the application of a warrant that led to a child pornography conviction did not prejudice the defendant, an Eighth Circuit U.S. Court of Appeals panel ruled Feb. 17, upholding the denial of the defendant's motion to suppress evidence obtained via the warrant (United States of America v. Kirk Cottom, No. 16-1050, 8th Cir., 2017 U.S. App. LEXIS 2789).
NEW HAVEN, Conn. - A federal judge in Connecticut on Feb. 17 held that a couple could pursue claims that allegedly improper installation of spray polyurethane foam (SPF) insulation in their home resulted in property damage requiring remediation but that they failed to provide causation evidence to show that they suffered respiratory problems after being exposed to volatile organic compound (VOC) vapors from the products (Richard Beyer, et al. v. Anchor Insulation Co. Inc., et al., No. 13 CV 1576, D. Conn., 2017 U.S. Dist. LEXIS 23434).
NEW ORLEANS - Plaintiffs in an asbestos exposure case are entitled to further discovery in an attempt to muster the difficult support they need to overcome jurisdictional issues against one defendant and must amend their complaint to allege more specifics against a second company, a federal judge in Louisiana held Feb. 16 (Robin Murphy, et al. v. Alcatel-Lucent USA Inc., et al., No. 15-5566, E.D. La., 2017 U.S. Dist. LEXIS 21979).
BENTONVILLE, Ark. - Citing privacy and free speech concerns, Amazon.com Inc. in a Feb. 17 motion in Arkansas court seeks to quash a police department warrant ordering production of sound recordings and transcripts associated with an Amazon Echo device belonging to the defendant in a murder case (State of Arkansas v. James A. Bates, No. CR-2016-370-2, Benton Co., Ark. Cir. Ct.).