SPOKANE, Wash. - A mining company on Feb. 29 announced that it has reached a possible agreement with the Bolivarian Republic of Venezuela that will satisfy a $740 million award that was issued in its favor by the International Centre for Settlement of Investment Disputes (ICSID) and provides for the completion of a joint mining project.
NEW YORK - A New York federal judge on March 1 dismissed a consolidated complaint filed against Whole Foods Market Group Inc. accusing the chain of overcharging New York City customers for prepackaged foods, finding that the plaintiffs failed to adequately allege that they were injured (In re Whole Foods Market Group, Inc. Overcharging Litigation, No. 15-5838, S.D. N.Y.; 2016 U.S. Dist. LEXIS 24990).
SAN JOSE, Calif. - A California federal judge on Feb. 29 denied a motion filed by a woman objecting to a class settlement reached with her former employer seeking to certify a judgment settling the class claims in the case prior to the resolution of the individual claims so that she can file an immediate appeal (Danette M. Moore, et al. v. Petsmart, Inc., No. 12-3577, N.D. Calif.; 2016 U.S. Dist. LEXIS 24836).
RIVERSIDE, Calif. - In its closely watched dispute with the Federal Bureau of Investigation, Apple Inc. on March 2 filed a notice of supplemental authority, asking a California federal court to consider a just-decided New York federal case that also pertained to the U.S. government seeking to compel Apple to provide access to a suspect's seized iPhone under the All Writs Act (In the matter of the search of an Apple iPhone seized during the execution of a search warrant on a Black Lexus IS300, California License Plate 35KGD203, No. 5:16-cm-00010, C.D. Calif.).
PHILADELPHIA - A federal judge in Pennsylvania on Feb. 29 granted a lead plaintiff's motion for class certification in a securities class action lawsuit, ruling that the lead plaintiff has met all statutory requirements for class certification (In re Urban Outfitters Inc. Securities Litigation, No. 13-5978, E.D. Pa.; 2016 U.S. Dist. LEXIS 24915).
NEW YORK - Yesh Music Inc. and individual artist John K. Emanuele (Yesh, collectively) took aim at the music-streaming service Google Play Music on March 1, with a putative copyright infringement class action complaint filed in the U.S. District Court for the Southern District of New York (Yesh Music Inc., et al. v. Google Inc., No. 16-1566, S.D. N.Y.).
TRENTON, N.J. - A federal judge in New Jersey on Feb. 26 granted in part a motion to dismiss filed by the manufacturer of cross-linked polyethylene (PEX) plumbing systems, finding that the plaintiffs could not seek damages stemming from the allegedly defective pipes and fittings under the economic loss doctrine (Kimberly Cole, et al. v. NIBCO Inc., No. 13-7871, D. N.J.; 2016 U.S. Dist. LEXIS 24839).
WASHINGTON, D.C. - The Equal Employment Opportunity Commission announced March 1 that it has filed its first two gender discrimination suits based on sexual orientation, bringing claims under Title VII of the Civil Rights Act of 1964 (U.S. Equal Employment Opportunity Commission v. Scott Medical Health Center, P.C., No. 16-225, W.D. Pa.; U.S. Equal Employment Opportunity Commission v. Pallet Companies d/b/a IFCO Systems NA, Inc., No. 16-595, D. Md.).
CENTRAL ISLIP, N.Y. - A New York federal magistrate judge on Feb. 26 granted a motion for conditional certification of a collective action brought by a dishwasher who alleges that his former employer skirted overtime wages by using two time cards per worker (Orbin Zaldivar, et al. v. JMJ Caterers, Inc. d/b/a The Metropolitan, et al., No. 14-924, E.D. N.Y.; 2016 U.S. Dist. LEXIS 23969).
ATLANTIC CITY, N.J. - A class complaint, initially filed in New Jersey state court on Feb. 26 and amended on Feb. 29, accuses a New Jersey medical center of exposing more than 200 patients to HIV, hepatitis B or hepatitis C between June 1, 2013, and Sept. 17, 2014 (R.S., et al. v. Shore Medical Center, et al., No. ATL-L-394-16, N.J. Super., Atlantic Co.).
WASHINGTON, D.C. - An ad hoc committee for the International Centre for Settlement of Investment Disputes (ICSID) on March 1 released its decision to partially lift a stay of enforcement of an award issued in favor of investors, lifting the stay in relation to an undisputed damages award of $27.4 million (Tidewater Inc., et al. v. The Bolivarian Republic of Venezuela, No. ARB/10/5 ICSID).
HOUSTON - A former police officer may testify in a constitutional rights lawsuit about how an officer should have acted differently in a fatal shooting where a man was unarmed, a Texas federal judge ruled Feb. 29 (Audry L. Releford Jr., et al. v. City of Houston, et al., No. 14-2810, S.D. Texas; 2016 U.S. Dist. LEXIS 24729).
BROOKLYN, N.Y. - Denying a motion to compel Apple Inc. to assist the U.S. government in gaining access to an iPhone seized in a criminal investigation, a New York federal magistrate judge on Feb. 29 found that the government "failed to establish . . . that the [All Writs Act] permits the relief it seeks" (In re Order Requiring Apple Inc. to Assist in the Execution of a Search Warrant Issued by This Court, No. 1:15-mc-01902, E.D. N.Y.).
SAN FRANCISCO - Affirming a District Court's dismissal order, a Ninth Circuit U.S. Court of Appeals panel on Feb. 25 found that a putative class complaint over "Siri," the digital assistant on Apple Inc.'s iPhones, lacked the necessary specificity to support unfair competition and misrepresentation claims (In re iPhone 4S Consumer Litigation, No. 14-15487, 9th Cir.; 2016 U.S. App. LEXIS 3373).
CHICAGO - Supporting its motion for a protective order in a putative class action alleging violation of the Illinois Biometric Information Privacy Act (BIPA), photo-sharing website operator Shutterfly Inc. on March 1 told an Illinois federal court that the plaintiff's noticed deposition does not make "logical sense at this stage of the proceedings" (Brian Norberg v. Shutterfly Inc., et al., No. 1:15-cv-05351, N.D. Ill.).
NEW YORK - Six unnamed inmates currently in the custody of the New York State Department of Corrections and Community Supervision (DOCCS) filed a class complaint Feb. 26 in New York federal court alleging that officials have failed to take reasonable steps to protect them from alleged rampant sexual abuse in state women's prisons (Jane Jones 1, et al. v. Department of Corrections and Community Supervision ["DOCCS"], et al., No. 16-1473, S.D. N.Y.).
NEW ALBANY, Ind. - The Indiana Protection and Advocacy Services Commission and an individual filed a class complaint Feb. 25 in Indiana federal court accusing state officials of discriminating against individuals with mental illness who reside in institutions by impeding their right to vote (Indiana Protection and Advocacy Services Commission, et al. v. Indiana Secretary of State, et al., No. 16-29, S.D. Ind.).
BALTIMORE - A Maryland federal judge on Feb. 25 granted a motion to transfer a class complaint filed by former National Football League players against several dozen clubs over the use of prescription medications to a California federal court where the same counsel previously filed a related case against the NFL (Etopia Evans, et al. v. Arizona Cardinals Football Club, LLC, et al., No. 15-1457, D. Md.; 2016 U.S. Dist. LEXIS 23525).
MADISON, Wis. - A Wisconsin federal judge on Feb. 26 again granted class certification in a suit accusing a bank of violating the Driver's Privacy Protection Act (DPPA) and the common law of nuisance by disclosing individuals' unredacted driver's license numbers in small claims court complaints (Brian Eggen, et al. v. WESTconsin Credit Union, No. 14-873, W.D. Wis.; 2015 U.S. Dist. LEXIS 173100).
NEW CASTLE, Del. - In a lawsuit against power plant operators for their alleged unlawful dumping of toxic coal ash waste, an expert may not testify as to concentrations and dispersion of polycyclic aromatic hydrocarbons (PAHs), a Delaware judge ruled Feb. 26, granting in part a motion to exclude (Anajai Calcano Pallano, et al., v. The AES Corp., et al., No. N09C-11-021 JRJ, Del. Super., New Castle Co.; 2016 Del. Super. LEXIS 101).
NEW YORK - A shareholder filed a securities class action lawsuit in New York federal court on Feb. 24, alleging that a global resources company and certain of its executive officers and directors misrepresented the safety protocols at its mining facilities in violation of federal securities laws (Jackson County Employees' Retirement System v. BHP Billiton Limited, et al., No. 16-1445, S.D. N.Y.).
TACOMA, Wash. - After finding that a Singapore arbitration agreement did not apply to a dispute over a loan and ownership transfer, a Washington federal judge on Feb. 26 granted a marine logistics and support provider's motion to remand its claims to state court (Ezion Holdings Limited v. Teras Cargo Transport Pte Ltd., et al., No. 3:15-CV-05919, W.D. Wash.; 2016 U.S. Dist. LEXIS 24087).
WILMINGTON, Del. - Two damage experts are precluded from testifying on a survey unrelated to patented invention at issue in an infringement lawsuit to calculate how many customers use the patented features of the accused products, a Delaware federal judge ruled Feb. 25, finding that the methodology is unreliable (M2M Solutions LLC v. Motorola Solutions, Inc., et al., No. 12-33, D. Del.; 2016 U.S. Dist. LEXIS 22944).
WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 29 denied a petition for writ of certiorari filed by former National Football League players appealing a $42 million class settlement that ended a suit over the use of the players' likenesses and identities in videos made to generate revenue and promote the NFL (James Lawrence Marshall, et al. v. National Football League, No. 15-645, U.S. Sup.).
DENVER - A trial court correctly barred experts from testifying as to the cause of a man's fall from a ladder, the 10th Circuit U.S. Court of Appeals upheld Feb. 25, finding that without expert causation testimony, a waste facility was entitled to summary judgment on a premises liability claim (Anthony Taber and Markeeta Taber v. Allied Waste Systems, Inc. v. Mansfield Oil Company of Gainesville, Inc., Nos. 15-6113 & 15-6120, 10th Cir.; 2016 U.S. App. LEXIS 3587).