PHILADELPHIA - A Pennsylvania federal judge on Oct. 20 excluded certain portions of an expert report that conflict with prior rulings in a breach of contract lawsuit arising out of temporary payment plan (TPP) contracts and unfulfilled permanent modification in the Home Affordable Mortgage Program (HAMP) (Lisa and Scott Cave v. Saxon Mortgage Services, Inc., No. 11-4586, William D. Cave v. Saxon Mortgage Services, Inc., No. 12-5366, E.D. Pa.; 2015 U.S. Dist. LEXIS 142198).
BATON ROUGE, La. - A Louisiana federal judge on Oct. 20 excluded a lawyer's testimony that there is no dilution of African-American votes through the use of an at-large election system because it will not assist in making findings and deciding the issues in a lawsuit filed against the state's governor and attorney general (Terrebonne Parish NAACP, et al. v. Piyush Jindal, the Governor of the State of Louisiana, et al., No. 14-069, M.D. La.; 2015 U.S. Dist. LEXIS 142277).
NEW YORK - A federal judge in New York on Oct. 16 ordered two retrocessional reinsurers to comply with the court's earlier order and send out questionnaires to certain arbitration umpire candidates (Odyssey Reinsurance Company v. Certain Underwriters at Lloyd's London Syndicate 53, et al., No. 13-cv-09014, S.D. N.Y.).
VANCOUVER, British Columbia - A Canadian exploration company on Oct. 21 responded to a resolution issued by the Autonomous Community of Galicia, Spain, in relation to its investment in a mining concession, noting that it has served Spain with a notice of arbitration dispute.
SAN FRANCISCO - A California federal judge on Oct. 16 denied a motion filed jointly by the parties in wage-and-hour class suit brought by workers who were paid on a per-task basis to modify his July 2 order approving a $585,507 settlement (Christopher Otey, et al. v. CrowdFlower, Inc., et al., No. 12-5524, N.D. Calif.; 2015 U.S. Dist. LEXIS 141338).
LOS ANGELES - The plaintiffs in a class suit accusing Sony Pictures Entertainment Inc. (SPE) of failing to prevent a 2014 network breach that compromised the personal information of former employees moved Oct. 19 for preliminary approval of a more than $8 million class settlement (Michael Corona, et al. v. Sony Pictures Entertainment Inc., No. 2:14-cv-09600, C.D. Calif.).
WASHINGTON, D.C. - In an Oct. 19 reply brief supporting his petition for certiorari to the U.S. Supreme Court, a Florida man argues that his rights under the Fourth Amendment to the U.S. Constitution were violated when a trial court ordered production of cellular site information records, which were used to convict him, under the Stored Communications Act (SCA) rather than via a search warrant issued with a showing of probable cause (Quartavious Davis v. United States of America, No. 15-146, U.S. Sup.).
WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 19 granted the motions of the U.S. solicitor general for leave to participate in oral argument as amicus curiae and for divided argument in the appeal of a nearly $5.8 million award for a class of Tyson Foods Inc. workers who successfully brought a donning and doffing suit against the company (Tyson Foods, Inc. v. Peg Bouaphakeo, et al., No. 14-1146, U.S. Sup.).
HAMMOND, Ind. - A doctor is qualified in the field of human factor engineering for purposes of a negligence lawsuit arising from a motor vehicle accident, an Indiana federal judge ruled Oct. 16, declining to exclude the doctor's testimony (Robert S. Stachon and Robert L. Stachon v. Dock W. Woodward Jr., et al., No. 12-440, N.D. Ind.; 2015 U.S. Dist. LEXIS 140792).
TUCSON, Ariz. - A trial judge did not err in admitting expert testimony on the characteristics of child victims of sexual abuse, and any sentencing error was harmless beyond a reasonable doubt, an Arizona appeals panel ruled Oct. 16, affirming the convictions and sentences of a wrestling coach for sexual conduct with a minor (The State of Arizona v. Richard Portugal Ortiz, No. 2 CA-CR 2014-0330, Ariz. App., Div. 2; 2015 Ariz. App. LEXIS 262).
SAN FRANCISCO - A former partner-driver of Uber Technologies Inc. failed to plead sufficient injury from the purported theft of his personally identifiable information (PII), a California federal magistrate judge ruled Oct. 19, granting Uber's motion to dismiss the putative unfair competition and failure to secure class claims against it (Sasha Antman v. Uber Technologies Inc., et al., No. 3:15-cv-01175, N.D. Calif.; 2015 U.S. Dist. LEXIS 141945).
NEW YORK - A New York man on Oct. 14 filed a putative class action against Reebok International Ltd. in New York federal court, seeking to represent a nationwide class of visually impaired consumers that he says have been denied equal access to Reebok's website in violation of the Americans With Disabilities Act (ADA) (Jose Del-Orden v. Reebok International Ltd., No. 1:15-cv-08101, S.D. N.Y.).
MONTGOMERY, Ala. - An Alabama federal magistrate judge on Oct. 14 denied motions from a construction company and an architect to exclude expert testimony on the alleged damages sustained by the construction company in performing extra work due to inadequate designs for a bridge project (Scott Bridge Company, Inc. v. Gresham Smith and Partners, No. 11-1116, M.D. Ala.; 2015 U.S. Dist. LEXIS 139604).
AUSTIN, Texas - An expert cannot testify in a lawsuit alleging a fraudulent business deal that loans constituted the "sale of securities" under the Securities Exchange Act of 1934 and the Texas Securities Act (TSA) and that defendants acted as brokers and dealers, a Texas federal judge ruled Oct. 14 (Steven B. Aubrey, et al. v. Peter E. Barlin, et al., No. 10-076, W.D. Texas; 2015 U.S. Dist. LEXIS 139961).
NEW YORK - A federal judge in New York on Oct. 14 consolidated two securities class action lawsuits and appointed lead plaintiff and lead counsel, ruling that the institutional investor chosen meets all statutory requirements for serving as lead plaintiff (Megan Villella v. Chemical & Mining Co. of Chile Inc., et al., No. 15-2106, S.D. N.Y.; 2015 U.S. Dist. LEXIS 140578).
SHREVEPORT, La. - A Louisiana appeals panel on Oct. 14 affirmed a lower court's refusal to order the unsuccessful plaintiffs in a medical malpractice dispute to pay the defendants' expert cardiologist's $34,064.41 witness fee (William McDougald, et al. v. St. Francis North Hospital, Inc., et al., No. 50,079-CA, La. App., 2nd Cir.; 2015 La. App. LEXIS 2020).
LOS ANGELES - After finding that certain terms of an arbitration agreement in an employment contract were unconscionable, a California federal judge on Oct. 14 refused to compel arbitration of the claims for violation of California's unfair competition law (UCL) and labor laws (Brandyn Ridgeway, et al. v Nabors Completion & Production Services Co., et al., No. 15-03436, C.D. Calif.; 2015 U.S. Dist. LEXIS 140012).
CLEVELAND - A Cleveland man filed a class complaint on Oct. 14 in the Cuyahoga County, Ohio, Court of Common Pleas accusing a weight loss supplement maker of printing false claims about the supplement's contents and lack of side effects on the product's labels (Barry A. Cohen v. Absolute Nutrition, LLC, No. 15-852627, Ohio Comm. Pls., Cuyahoga Co.).
PHILADELPHIA - A Pennsylvania federal judge on Oct. 13 partly denied a school district's motion to preclude evidence in a former employee's discrimination lawsuit, finding that certain text messages containing racist exchanges involving the district's superintendent were relevant and of probative value to the claims discrimination and retaliation claims at issue (Jahmal Phoenix v. Coatesville Area School District, No. 2:15-cv-00072, E.D. Pa.; 2015 U.S. Dist. LEXIS 138917).
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Oct. 14 ordered a Bangladesh oil and gas company to pay a $25,312,747 arbitration award issued in favor of a resource company into an escrow account, plus 139,988,337 Bangladesh Taka in satisfaction of the award (Niko Resources [Bangladesh] Ltd. v. People's Republic of Bangladesh, et al., Nos. ARB/10/11 and ARB/10/18, ICSID).
MADISON, Wis. - A Wisconsin federal judge on Oct. 13 dismissed claims brought by dump truck drivers under the Fair Labor Standards Act (FLSA), finding that they were exempt from overtime pay under the Motor Carrier Act, and ruled that the drivers waived their rights to bring their state claims on behalf of a class because they failed to move for certification (Greg Bakkestuen, et al. v. Lepke Holdings LLC, et al., No. 14-700, W.D. Wis.; 2015 U.S. Dist. LEXIS 138969).
PITTSBURGH - A Pennsylvania federal judge on Oct. 9 granted a corporation's motion for summary judgment against a bank, seeking funds that the bank obtained after it was served with a writ of garnishment in relation to a $33,777,000 arbitral award (Sojitz Corp. v. Prithvi Information Solutions Limited, et al., No. 2:12mc471, W.D. Pa.; 2015 U.S. Dist. LEXIS 138128).
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes on Oct. 12 released an order in which it found that the United Nations Commission on International Trade Law (UNCITRAL) Rules on Transparency will apply to an arbitration commenced by a Guernsey mining company against the Republic of Guinea, with the exception of certain amendments (BSG Resources Limited v. Republic of Guinea, No. ARB/14/22, ICSID).
SAN FRANCISCO - A California federal judge on Oct. 9 certified a class of disability benefits applicants suing the acting commissioner of Social Security over the administration's decision to deny them benefits based on examinations performed by a doctor who was later disqualified (Kevin Hart, et al. v. Carolyn W. Colvin, No. 15-623, N.D. Calif.; 2015 U.S. Dist. LEXIS 138673).
WASHINGTON, D.C. - Once a plaintiff is offered everything that he could have secured through a federal judgment, his complaint is moot, the attorney representing a vendor that sent text messages on behalf of the U.S. Navy and was sued under the Telephone Consumers Protection Act (TCPA) argued Oct. 14 before the U.S. Supreme Court (Campbell-Ewald Company v. Jose Gomez, No. 14-857, U.S. Sup.).