SOUTH BEND, Ind. - A federal judge in Indiana on Jan. 25 denied a company's motion seeking a case management order referred to as a Lone Pine order in a trichloroethylene (TCE) groundwater contamination case, concluding that such an order should be used only in "exceptional cases" (Amos Hostetler, et al. v. Johnson Controls Inc., No. 15-226, N.D. Ind.; 2017 U.S. Dist. LEXIS 10006).
CHICAGO - A federal judge in Illinois on Jan. 25 ruled that an expert opinion provided by a village that sued two companies alleging groundwater contamination from vinyl chloride that leaked into the water system was "sufficiently reliable," and he refused to exclude it from evidence (Village of Sauk Village v. Roadway Express Inc., et al., No. 15-9183, N.D. Ill.; 2017 U.S. Dist. LEXIS 10478).
WEST PALM BEACH, Fla. - A Florida appeals court on Jan. 25 quashed a trial court order requiring Howmedica Osteonics Corp. to produce unredacted foreign adverse event reports about certain of its recalled hip prostheses (Howmedica Osteonics Corp. v. Joyce Trowbridge, et al., No. 4D16-2374, Fla. App., 4th Dist.; 2017 Fla. App. LEXIS 764).
WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on Jan. 25 announced that it has invited the public to file suggestions for amendments to its rules and regulations.
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Jan. 24 announced that a hearing on the merits and jurisdiction in a case commenced by a group of investors in a residential development project against the Republic of Costa Rica will be transmitted live (David R. Aven, et al. v. The Republic of Costa Rica, No. UNCT/15/3, ICSID).
WASHINGTON, D.C. - A District of Columbia federal judge on Jan. 24 certified a class of individuals and entities who have paid fees to obtain court records via the Public Access to Court Electronic Records system (PACER), with three nonprofit legal advocacy organizations as the class representatives, in a lawsuit accusing the federal government of charging fees in excess of the cost to operate the system (National Veterans Legal Services Program, et al. v. United State of America, No. 16-745, D. D.C.; 2017 U.S. Dist. LEXIS 9447).
LAS VEGAS - Having excluded an expert's testimony on the cause of a vehicle collision as inadmissible under Daubert v. Merrell Dow Pharmaceuticals Inc., a Nevada federal judge on Jan. 24 granted summary judgment to a car manufacturer on a negligence claim (Marilyn Ellen Prall v. Ford Motor Co., No. 14-001313, D. Nev.; 2017 U.S. Dist. LEXIS 9647).
WAUKESHA, Wis. - A trial judge did not err in allowing expert testimony to lay the foundation for the admission of a blood test that helped convict a man for operating a motor vehicle while intoxicated (OWI), the District II Wisconsin Court of Appeals ruled Jan. 25 (State of Wisconsin v. Michael Chough, No. 2016AP406-CR, Wis. App., Dist. 2; 2017 Wisc. App. LEXIS 49).
CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on Jan. 23 affirmed a federal district court's dismissal of a class action lawsuit, ruling that an investor's state law claims are preempted by the Securities Litigation Uniform Standards Act (SLUSA) (Patricia Holtz, et al. v. JPMorgan Chase Bank N.A., et al., No. 13-2609, 7th Cir.; 2017 U.S. App. LEXIS 1112).
BOSTON - Securities class action filings reached record highs in 2016, with 300 suits filed during the year, representing a 32 percent increase over 2015, according to a report issued Jan. 23 by NERA Economic Consulting.
CHICAGO - A federal district court did not err in dismissing a trustee's breach of fiduciary duty securities class action lawsuit because his claims were preempted by the Securities Litigation Uniform Standards Act of 1998 (SLUSA), a Seventh Circuit U.S. Court of Appeals panel ruled Jan. 23 in a 2-1 decision (Margaret Richek Goldberg, as Trustee under the Seymour Richek Revocable Trust, et al. v. Bank of American N.A., et al., No. 11-2989, 7th Cir.; 2017 U.S. App. LEXIS 1111).
NEW YORK - A federal judge in New York on Jan. 24 confirmed an award issued by an arbitration panel in an arbitration between an American insurer and certain London-based reinsurers (OneBeacon Insurance Company v. Certain Underwriters at Lloyd's London, No. 16-cv-09908, S.D. N.Y.).
LOS ANGELES - A federal judge in California in Jan. 23 dismissed with prejudice a proposed class action lawsuit seeking damages under the Right of Repair Act (RORA) and the California Consumer Legal Remedies Act (CLRA) over allegedly defective air conditioning units manufactured by Daikin Industries Ltd., finding that the plaintiffs' claims failed because they did not involve the installation of the units (Joanna Park-Kim, et al. v. Daikin Industries, Ltd., et al., No. 15-cv-9523-CAS, C.D. Calif.; 2017 U.S. Dist. LEXIS 10454).
SAN FRANCISCO - A California federal judge on Jan. 24 dismissed proposed class action claims for violation of California's unfair competition law (UCL) and other claims, finding that a consumer failed to show that she purchased prawns from a retailer that were provided by two food product companies that produced the prawns using illegal labor practices (Monica Sud, et al. v. Costco Wholesale Corporation, et al., No. 15-cv-03783, N.D. Calif.; 2017 U.S. Dist. LEXIS 9943).
DALLAS - In a disability discrimination suit, a Texas federal judge on Jan. 24 excluded an expert's opinion that "audism and phonocentric views may have prevented accommodations" from being made to two women (Equal Employment Opportunity Commission v. S&B Industry Inc. d/b/a Fox Conn S&B, No. 15-0641, N.D. Texas; 2017 U.S. Dist. LEXIS 9259).
SAN JOSE, Calif. - A California federal judge on Jan. 20 dismissed class action claims for violation of California's unfair competition law (UCL), negligence and other causes of action related to a data breach of a real estate trust's computer system, finding that former tenants of the trust's property failed to show that they had standing to sue (Mark Foster, individually and on behalf of all others similarly situated, v. Essex Property Inc., No. .5:14-cv-05531, N.D. Calif.; 2017 U.S. Dist. LEXIS 8373).
ROTTERDAM, The Netherlands - An international foundation on Jan. 24 announced that it has filed a lawsuit in a Dutch court, seeking damages on behalf of investors who allegedly suffered billions of dollars in losses related to investments in a Brazilian company.
THE HAGUE, Netherlands - The Democratic Republic of Timor-Leste and the Commonwealth of Australia on Jan. 24 announced that they have issued a joint statement regarding confidential negotiations over a maritime dispute and noted that Timor-Leste has terminated the Treaty on Certain Maritime Arrangements in the Timor Sea (Arbitration under the Timor Sea Treaty [Timor-Leste v. Australia], No. 2013-16, PCA).
WASHINGTON, D.C. - In an answer filed Jan. 23 in District of Columbia federal court, the Federal Bureau of Investigation denied a privacy group's allegations that it violated the Freedom of Information Act (FOIA) by not timely providing requested documents about the bureau's biometrics program (Electronic Privacy Information Center v. Federal Bureau of Investigation, No. 1:16-cv-02237, D. D.C.).
PASADENA, Calif. - A California federal court did not err in decertifying a class of Costco Wholesale Corp. workers alleging various wage violations after finding that individualized issues predominate over common ones, a Ninth Circuit U.S. Court of Appeals panel ruled Jan. 20 (Eric Stiller, et al. v. Costco Wholesale Corporation, Nos. 15-55361 and 15-55691, 9th Cir.; 2017 U.S. App. LEXIS 1062).
BOSTON - Finding no error in the admission of a firearms expert's testimony related to illegal possession counts, the First Circuit U.S. Court of Appeals on Jan. 20 affirmed the conviction and sentencing of a man for illegal possession of firearms during a crime of violence (United States of America v. Joseph Martinez-Armestica, No. 14-1674, 1st Cir.; 2017 U.S. App. LEXIS 1100).
NEW YORK - In a Jan. 24 ruling, the Second Circuit U.S. Court of Appeals denied the U.S. government's motion to rehear en banc a dispute in which a panel held that warrants issued under the Stored Communications Act (SCA) cannot be used to obtain emails stored in servers in other countries (In the Matter of a Warrant to Search a Certain E-Mail Account Controlled and Maintained by Microsoft Corp.[Microsoft v. United States], No. 14-2985, 2nd Cir.).
MINNEAPOLIS - The National Hockey League (NHL) on Jan. 19 asked the federal judge overseeing the NHL concussion multidistrict litigation to compel the Boston University CTE Center to release documents relating to the chronic traumatic encephalopathy (CTE) research it conducts and the autopsy information of a former player whose estate is a lead plaintiff in the MDL (In re: National Hockey League Players Concussion Injury Litigation, MDL No. 14-2551, D. Minn.).