PASADENA, Calif. - A month after the U.S. Supreme Court remanded a putative class action against an online data aggregator under the Fair Credit Reporting Act (FCRA), a Ninth Circuit U.S. Court of Appeals panel directed the parties to submit briefs on whether the claims in the case meet the "concreteness" requirement to establish standing under Article III of the U.S. Constitution, which the high court said the panel did not properly weigh in its previous ruling (Thomas Robins v. Spokeo Inc., No11-56843, 9th Cir.).
CLEVELAND - An Ohio federal judge on June 20 denied a motion for class certification in a suit brought by servers who allege their employer failed to turn over to them the full amount of tips left by banquet customers, finding that the plaintiffs failed to provide an adequate class definition or meet the numerosity, commonality and predominance requirements (Carol Carter, et al. v. PJS of Parma, Inc., et al., No. 15-1545, N.D. Ohio; 2016 U.S. Dist. LEXIS 79747).
SAN FRANCISCO - A California federal judge on June 21 dismissed a putative class action by Korean residents accusing the Japanese government of abducting them and forcing them into servitude and sexual slavery during the Second World War (He Nam You, et al. v. Hirohito, et al., No. 15-3257, N.D. Calif.; 2016 U.S. Dist. LEXIS 80699).
SAN DIEGO - A California federal judge on June 20 granting preliminary approval of a settlement agreement by retailer that obtained phone numbers from its customers and then sent them marketing and advertising text messages to pay $3.6 million to end the Telephone Consumer Protection Act (TCPA) class suit (Asal Sally Manouchehri, et al. v. Styles for Less, Inc., et al., No. 14-2521, S.D. Calif.; 2016 U.S. Dist. LEXIS 80038).
NEW YORK - A New York federal judge on June 22 granted a Chinese company's petition to confirm an award that was issued by a Hong Kong tribunal, ordering a British Virgin Islands entity to pay $476,700,190.49 in damages and interest (GE Transportation [Shenyang] Co. Ltd. v. A-Power Energy Generation Systems Ltd., No. 15-6194, S.D. N.Y.; 2016 U.S. Dist. LEXIS 81367).
PITTSBURGH - Dismissal of a securities class action lawsuit is not proper because the lead plaintiff in the action has properly pleaded a material misrepresentation or omission, scienter and loss causation, the lead plaintiff argues in a June 20 opposition brief filed in Pennsylvania federal court (James Martin v. GNC Holdings Inc., et al., No. 15-1522, W.D. Pa.).
BEIRUT - A co-owner of a ship building group on June 22 announced that he has commenced international arbitration against the Hellenic Republic (Greece), asserting claims for violation of a bilateral investment treaty.
LONDON - After finding that a soybean supplier's application was untimely and that it actively participated in litigation in Indonesia that it claimed was filed in breach of an arbitration agreement, an England and Wales justice on June 20 denied its request for anti-suit injunction (ADM Asia-Pacific Trading Pte. Ltd., et al. v. PT Budi Semesta Satria, No.  EWHC 1427 [Comm], England and Wales High, Comm.).
NEW YORK - A New York federal judge on June 17 granted a motion to dismiss a class complaint accusing Samsung Electronics America Inc. (SEA) and Samsung Electronics Co. Ltd. (SEC) of continuing to manufacture and sell defective washing machines despite knowing that the rods were insufficient to hold the drums in place inside the machine (Charlene Kay Ray, et al. v. Samsung Electronics America, Inc., et al., No. 15-8540, S.D. N.Y.; 2016 U.S. Dist. LEXIS 79260).
NEW YORK - After finding that a Brazilian insurer was bound by the terms of an arbitration clause contained in an agreement for the sale of power generation equipment, a New York federal judge on June 20 confirmed an award issued by the International Chamber of Commerce (ICC) in favor of two Brazilian companies (Alstom Brasil Energia E Transporte Ltda, et al. v. Mitsui Sumitomo Securos S.A., No. 15-8221, S.D. N.Y.; 2016 U.S. Dist. LEXIS 80151).
NEW YORK - A couple may subpoena the University of Idaho about how compensation influenced the school's studies into whether Colgate-Palmolive Co.'s talcum body powder contained asbestos, a New York justice held June 20 (Keri LoGiudice and Joseph LoGiudice v. American Talc Co., et al., No. 190253/2014, N.Y. Sup., New York Co.).
ATLANTA - Despite a Georgia federal judge's finding that a group of banks and financial institutions (FIs) have standing to sue Home Depot Inc. for negligence related to a massive 2014 data breach, in a June 17 answer to their complaint, the retailer raises affirmative defenses related to lack of standing, as well as double recovery, contributory negligence and failure to mitigate damages (In re: The Home Depot Inc., Customer Data Security Breach Litigation, No. 1:14-md-02583, N.D. Ga.).
CORAL GABLES, Fla. - A producer and distributor of fresh fruit and vegetables on June 20 announced that an international arbitral tribunal has awarded its subsidiary more than $32 million in a dispute over a pineapple sales' contract.
PADUCAH, Ky. - A Kentucky federal judge on June 17 limited a sea captain's testimony in a general maritime lawsuit with regard to the weight of a wet lock line and whether there was a failure to report the marine accident (William Webb v. Crounse Corp., No. 14-00133, W.D. Ky.; 2016 U.S. Dist. LEXIS 79162).
NEW ORLEANS - A sea captain may testify in a maritime negligence lawsuit about relevant standards in similar industries as long as a foundation is laid to demonstrate that the standards were derived from valid scientific methodologies, a Louisiana federal judge ruled June 17 (Clyde Breazeale v. Parking Drilling Co., et al., No. 14-2614, E.D. La.; 2016 U.S. Dist. LEXIS 79078).
SAN FRANCISCO - A California federal judge on June 17 partially dismissed claims in a class action suit accusing Starbucks Corp. of underfilling its coffee beverages but leaving intact claims for breach of express warranty, violation California's Consumers Legal Remedies Act (CLRA), violation of California's unfair competition law (UCL), violation of California's false advertising law (FAL) and fraud (Siera Strumlauf, et al. v. Starbucks Corporation, No. 16-1306, N.D. Calif.; 2016 U.S. Dist. LEXIS 79456).
WASHINGTON, D.C. - In a June 15 reply brief in the U.S. Supreme Court, petitioner Microsoft Corp. argues that because a putative class of Xbox 360 owners voluntarily dismissed their product defect suit against it, the Ninth Circuit U.S. Court of Appeals did not have jurisdiction to hear their appeal of a trial court's denial of class certification (Microsoft Corp. v. Seth Baker, et al., No. 15-457, U.S. Sup.).
SAN FRANCISCO - A purported class action alleging violation of the Racketeer Influenced and Corrupt Organizations (RICO) Act and two states' consumer laws was filed June 15 in a California federal court against blood testing manufacturer Theranos Inc. and drugstore chain Walgreens, alleging that Theranos' innovative blood-testing system provides inaccurate laboratory results (C.M., et al. v. Theranos, Inc., et al., No. 16-3349, N.D. Calif.).
LONDON - A Malaysian development firm named as a respondent in a London arbitration case announced on June 17 that it will respond to the claims and said that it has hired representation.
MADRID - A Canadian oil and gas company announced on June 20 that two entities owned by the Chinese government have commenced arbitration against it in relation to their investment in an energy firm.
BALTIMORE - A Maryland federal judge on June 15 denied a freight driver union pension plan's motion to hold Penske companies liable for unpaid pension fund contributions (Freight Drivers and Helpers Local Union No. 557 Pension Fund v. Penske Logistics LLC, et al., No. 12-2376, D. Md.; 2016 U.S. Dist. LEXIS 77685).
ATLANTA - The 11th Circuit U.S. Court of Appeals on June 15 affirmed dismissal 48 Fixodent denture cream lawsuits after a federal judge excluded the plaintiffs' expert causation expert witnesses (Beverly Jones, et al. v. SmithKline Beecham, et al., No 15-12340, 11th Cir.; 2016 U.S. App. 10833).
CHICAGO - An expert may not testify that a deceased man may have experienced discomfort breathing soot before losing consciousness or as to how long the man experienced pain and suffering, an Illinois federal judge held June 14; however, the expert may offer her opinion that the man would have remained conscious after he began inhaling carbon monoxide and that he would have lost consciousness at a certain carboxyhemoglobin level (David Ostrinsky, as administrator of the Estate of Michael Ostrinsky, deceased v. Black & Decker [U.S.] Inc., et al., No. 15-1545, N.D. Ill.; 2016 U.S. Dist. LEXIS 77956).
OKLAHOMA CITY - In a medical malpractice action, a trial judge erred in excluding testimony regarding the use of vasopressin in septic shock, which resulted in a woman's death, the Oklahoma Supreme Court ruled June 14, reversing summary judgment to a doctor and a medical provider and remanding for further proceedings (William P. Nelson, and Jon Nelson, individually and as co-personal representatives and/or co-executors of the estate of Ethel A. Nelson, and as co-trustees of the Ethel A. Nelson Revocable Trust and as heirs and next of kin of Ethel A. Nelson v. Enid Medical Associates, Inc., and David Shepherd, No. 110665, Okla. Sup.; 2016 Okla. LEXIS 69).
PITTSBURGH - Because the materials sought via discovery from certain reporters by a defamation suit plaintiff do not pertain to confidential sources, a Pennsylvania Superior Court panel on June 15 held that its disclosure would not violate the journalist's privilege under the First Amendment to the U.S. Constitution (Dominick D. DiPaolo v. Times Publishing Co., et al., No. 1713 WDA 2014, Pa. Super.; 2016 Pa. Super. LEXIS 323).