SANTA ANA, Calif. - A lead plaintiff's credit card statements are relevant to establishing his putative class claim under California's Consumers Legal Remedies Act (CLRA), a California federal magistrate ruled Aug. 31, declining to quash a subpoena served on the credit card issuer by defendant Barnes & Noble Inc. (BN) (Kevin Khoa Nguyen v. Barnes & Noble Inc., No. 8:12-cv-00812, C.D. Calif.).
CHARLOTTE, N.C. - A North Carolina federal judge on Aug. 31 denied a worker's motion for class certification in a lawsuit alleging breach of contract and wage-and-hour violations due to the plaintiff's failure to demonstrate commonality, typicality and adequacy (Michael Troche, et al. v. Bimbo Foods Bakeries Distribution, Inc., f/k/a George Weston Bakeries Distribution, Inc., No. 11-234, W.D. N.C.; 2015 U.S. Dist. LEXIS 115482).
LOS ANGELES - In a jointly filed stipulation on Sept. 2, Sony Pictures Entertainment Inc. and a putative class of former employees whose personally identifying information (PII) was purportedly compromised in a 2014 network breach asked a California federal court to continue existing hearing and certification deadlines, citing a newly reached "agreement in principle to settle all" existing claims (Michael Corona, et al. v. Sony Pictures Entertainment Inc., No. 2:14-cv-09600, C.D. Calif.).
DENVER - Because an energy company's counsel of record bore responsibility for disclosing any potentially applicable insurance policies, a 10th Circuit U.S. Court of Appeals panel on Sept. 2 upheld a trial court's award of sanctions against the attorney for failing to submit a copy of a directors and officers (D&O) liability policy during discovery (Sun River Energy Inc. v. Erik S. Nelson, et al., No. 14-1321, 10th Cir.; 2015 U.S. App. LEXIS 15645).
SAN FRANCISCO - A California federal judge on Sept. 1 partially certified a class of drivers who have driven in California for Uber Technologies Inc. and allege that they were improperly classified as independent contractors and denied reimbursement for all necessary expenditures, as well the full amount of gratuity left by customers (Douglas O'Connor, et al. v. Uber Technologies, Inc., No. 13-3826, N.D. Calif.; 2015 U.S. Dist. LEXIS 116482).
SAN JOSE, Calif. - A California federal judge on Sept. 2 issued two orders: The first granted a motion for final approval of a $415 million settlement with Adobe Systems Inc., Apple Inc., Google Inc. and Intel Corp. on employees' claims that the high-tech companies conspired to fix and suppress employee compensation and to restrict employee mobility by entering into agreements not to compete for one another's employees in violation of federal antitrust law, and the second partially granted motions for attorney fees, reimbursement of expenses and service awards (In Re: High-Tech Employee Antitrust Litigation, No. 11-2509, N.D. Calif.).
NEW YORK - A reinsurer told a federal court in New York on Aug. 31 that a foreign reinsured's arguments claiming the evident partiality of an arbitration umpire are groundless (National Indemnity Company v. IRB Brasil Resseguros S.A., No. 15-cv-03975, S.D. N.Y.).
SAN FRANCISCO - In a consolidated complaint filed Aug. 28 in California federal court, three Illinois residents allege violations of an Illinois biometrics statute by Facebook Inc. in the social network's "Tag Suggestions" feature for pictures (Carlo Licata, et al. v. Facebook Inc., No. 3:15-cv-03748, N.D. Calif.).
BENTON, Ill. - A man produces adequate evidence of work with a defendant's product and sufficient evidence that it required asbestos-containing components, a judge said Aug. 28. In a separate ruling, the judge rejected challenges to plaintiff's expert, finding the expert qualified and rejecting the argument that he would testify that "every exposure" to asbestos led to disease (Gerald D. McAlvey v. Atlas Copco Compressors LLC, et al., No. 14-64, S.D. Ill.; 2015 U.S. Dist. LEXIS 114618, 2015 U.S. Dist. LEXIS 114620).
HARTFORD, Conn. - An executrix's four-year delay in substituting herself as a plaintiff in an asbestos action prejudiced defendants and warranted dismissal for failure to prosecute, a Connecticut appeals court held Sept. 2 (Adrienne Brochu, executrix of the estate of Adrien Brochu v. Aesys Technologies, et al., No. AC36483, Conn. App.; 2015 Conn. App. LEXIS 314).
SAN FRANCISCO - Chipotle Mexican Grill Inc., a Mexican fast-food chain, is deceiving its customers by claiming that its products are free of genetically modified organisms (GMOs), a California woman claims in her class complaint filed Aug. 28 in the U.S. District Court for the Northern District of California (Colleen Gallagher, et al. v. Chipotle Mexican Grill, Inc., No. 15-3952, N.D. Calif.).
MILWAUKEE - A trial court did not err in excluding testimony because the expert did not issue an opinion on a man's employability following "brain trauma," a Wisconsin appeals panel ruled Sept. 1, upholding a man's conviction on six counts of failure to pay child support (State of Wisconsin v. Bradley Wayne Phillips, No. 2014AP2519-CR, Wis. App., Dist. 1; 2015 Wisc. App. LEXIS 649).
CHICAGO - An Illinois federal judge on Aug. 28 denied a summary judgment motion brought by the lead plaintiff in a suit over a clothing retailer's voiding of promotional gift cards after finding that the plaintiff's legal theory on which she based her breach of contract claim is fatally flawed (GS Tiffany Boundas, et al. v. Abercrombie & Fitch Stores, Inc., No. 10-4866, N.D. Ill.; 2015 U.S. Dist. LEXIS 114535).
CHICAGO - A doctor's opinions rest on a reliable methodology, and his opinions create genuine disputes of material fact in a products liability lawsuit against Zimmer Inc. over alleged manufacturer defects in a replacement hip, an Illinois federal judge ruled Aug. 31 (Pamela M. Ballard v. Zimmer, Inc., No. 11-6786, N.D. Ill.; 2015 U.S. Dist. LEXIS 115632).
CHICAGO - An Illinois federal judge on Sept. 1 struck a doctor's testimony on his causation opinion concerning a formerly incarcerated man's mental health status during his detention in solitary confinement; however, the judge allowed the doctor to testify on the standard of care provided by the detention center's doctors (Matthew Nolan v. United States of America, No. 12-0247, N.D. Ill.; 2015 U.S. Dist. LEXIS 115807).
CHICAGO - A district court correctly certified a class of bankers employed by PNC Bank who allege that time they spent working outside of their normal business hours went uncompensated, the Seventh Circuit U.S. Court of Appeals ruled Aug. 31 (Mariseli Gomez Bell v. PNC Bank, National Association, No. 14-3018, 7th Cir.; 2015 U.S. App. LEXIS 15403).
NEW YORK - After finding that two subsidiaries of a Venezuelan oil company failed to present sufficient evidence as to why an international arbitration award issued in relation to a joint venture that governed oil refining operations should be vacated, a New York federal judge on Sept. 1 granted a cross-petition filed by ConocoPhillips Co. to confirm the award in its favor (PDV Sweeny, Inc., et al. v. ConocoPhillips Co., et al., No. 14-cv-5183, S.D. N.Y.; 2015 U.S. Dist. LEXIS 116175).
NEW YORK - A Second Circuit U.S. Court of Appeals panel on Aug. 28 affirmed in part, vacated in part and remanded a pair of New York federal court rulings in a securities class action lawsuit, ruling that the district court erred in determining that the lead plaintiff failed to properly plead scienter against a company and its former CEO (Acticon AG v. China North East Petroleum Holdings Ltd., et al., No. 15-172, 2nd Cir.; 2015 U.S. App. LEXIS 15187).
ATLANTA - A Georgia federal judge overseeing the Wright Conserve hip implant multidistrict litigation on Aug. 31 granted summary judgment on one claim in the first bellwether case but otherwise preserved plaintiff Robyn Christiansen's other claims of action (In Re: Wright Medical Technology Inc. Conserve Hip Implant Products Liability Litigation, MDL Docket No. 2329, No. 12-md-2329, Robyn Christiansen v. Wright Medical Technology Incorporated, et al., MDL Docket No. 2329, No. 13-297, N.D. Ga., Atlanta Div.; 2015 U.S. Dist. LEXIS 115601).
BENTON, Ill. - A medical doctor's certifications and experience qualify him to testify as an expert, and his testimony accounts for levels of exposure and thus goes beyond "every exposure" testimony, a federal judge in Illinois held Aug. 31 (Mrs. Sharon Bell, executor of the estate of Mr. Richard Bell v. ABB Group Inc., et al., No. 13-1338, S.D. Ill.; 2015 U.S. Dist. LEXIS 115341).
NEW YORK - A group of reinsurers told a federal court in New York on Aug. 28 that they are appealing the court's recent injunction against the continuance of an arbitration proceeding (Arrowood Indemnity Co. v. Equitas Insurance Limited, et al., No. 13-cv-07680, S.D. N.Y.).
MIAMI - A Florida federal judge on Aug. 31 granted a cruise line's motion to compel arbitration of a worker's injury-related claims, finding that the cruise line believed that it had already resolved his claims and that it did not waive its right to compel arbitration of the dispute (Gary Smith v. NCL Bahamas Ltd., dba Norwegian Cruise Lines, No. 15-22373, S.D. Fla.; 2015 U.S. Dist. LEXIS 115456).
WASHINGTON, D.C. - In an Aug. 28 appellee brief, the U.S. Department of Justice told the District of Columbia Circuit U.S. Court of Appeals that a bar association's Freedom of Information Act (FOIA) request for a document pertaining to federal criminal discovery practices was properly dismissed by a district court under the work-product doctrine (National Association of Criminal Defense Lawyers v. U.S. Department of Justice Executive Office for United States Attorneys, et al., No. 15-5051, D.C. Cir.).
WASHINGTON, D.C. - The Associated Press (AP) on Aug. 27 filed a complaint against the Federal Bureau of Investigation and the U.S. Department of Justice (DOJ) in District of Columbia federal court, seeking enforcement of its Freedom of Information Act (FOIA) requests related to the FBI's investigative practice of distributing fake news stories supposedly written by The AP and other news organizations (The Reporters Committee for Freedom of the Press, et al. v. Federal Bureau of Investigation, et al., No. 1:15-cv-01392, D. D.C.).
COLUMBUS, Ohio - All members of a class that is alleging violations of the Ohio Consumer Sales Practice Act (OCSPA) have suffered injury as a result of the alleged conduct, a divided Ohio Supreme Court ruled Aug. 27, reversing a trial court's award of damages to every member of a class without a showing that every member was injured (Felix, et al. v. Ganley Chevrolet, Inc., et al., No. 2013-1746, Ohio Sup.; 2015 Ohio LEXIS 2113).