DENVER - A Colorado federal judge on Dec. 10 denied a motion for reconsideration or to alter or amend a July 1 order vacating class certification in a lawsuit filed by car rental agency customers who claim that they were charged for added-on extras to which they didn't agree (Dr. Allen Friedman, et al. v. Dollar Thrifty Automotive Group, Inc., d/b/a Dollar Rent A Car, et al., No. 12-2432, D. Colo.; 2015 U.S. Dist. LEXIS 166359).
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Dec. 14 issued a decision discontinuing an arbitration commenced by more than 70 Italian individuals and entities in relation to their alleged investments in Argentina for failure to pay $400,000 in ICSID fees and costs (Giovanni Alemanni and others v. Argentine Republic, No. ARB/07/8, ICSID).
DENVER - A Drug Enforcement Agency (DEA) special agent may testify on practices and code language commonly used by drug traffickers premised upon on her prior law enforcement experience and her perception of the meanings of particular words and phrases used in communications in a language she does not speak, a Colorado federal judge ruled Dec. 10 (United States of America v. Martin Javier Alamos-Delgado, et al., No. 10-00327, D. Colo.; 2015 U.S. Dist. LEXIS 165711).
NEW YORK - A New York federal magistrate judge on Dec. 10 denied preliminary approval of a $795,000 settlement to end class claims filed on behalf of MG Holdings L.P. and Madison Square Garden (collectively, MSG) unpaid interns who seek wages (Christopher Fraticelli, et al. v. MSG Holdings, L.P., et al., No. 13-6518, S.D. N.Y.; 2015 U.S. Dist. LEXIS 166004).
ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on Dec. 10 affirmed a jury's conviction of a man for distributing cocaine because there was no error in the admission of expert testimony on drug jargon (United States of America v. Ismael Aldana Moralez, No. 14-3702, 8th Cir.; 2015 U.S. App. LEXIS 21341).
SINGAPORE - Manila Water Co. Inc. on Dec. 10 announced that it has filed a notice of arbitration against the Republic of the Philippines with the Permanent Court of Arbitration (PCA).
SAN DIEGO - A California federal judge on Dec. 9 decertified a class of J.C. Penney Corp. (JCP) workers in a suit in which they allege that they were denied pay for unused vacation time upon termination, finding that the class definition was "unworkable" (Raymond Tschudy, et al. v. J.C. Penney Corporation, No. 11-1011, S.D. Calif.; 2015 U.S. Dist. LEXIS 165897).
WASHINGTON, D.C. - A California appellate panel erred when it refused to enforce an arbitration clause contained in a cable provider's customer agreement, a divided U.S. Supreme Court ruled Dec. 14, finding that the appellate panel's interpretation was preempted by the Federal Arbitration Act (FAA) (DIRECTV, Inc. v. Amy Imburgia, et al., No. 14-462, U.S. Sup.).
LOS ANGELES - A federal judge in California on Dec. 9 dismissed a securities class action complaint against an Internet startup company and certain of its executive officers, ruling that lead plaintiffs in the action failed to properly plead any actionable misrepresentation or scienter in making their federal securities law claims (Satyabrata Mahapatra v. TrueCar Inc., et al., No. 15-3979, C.D. Calif.).
PHILADELPHIA - Admitting certain expert testimony on the causation of insureds' damage to their home, a Pennsylvania federal judge on Dec. 9 found that issues of fact exist as to the cause of damage to the property (Maria Stochel and Eugene Nowakowsky v. Allstate Property and Casualty Insurance Co., No. 15-231, E.D. Pa.; 2015 U.S. Dist. LEXIS 164764).
SAN DIEGO - A California federal judge on Dec. 10 refused an employer's request to transfer a case filed against it by a former employee who asserts causes of action for violation of California's unfair competition law (UCL) and California's Private Attorneys' General Act of 2004 (PAGA) but found that the PAGA claim must be arbitrated (Anh BUI, individually and on behalf of all others similarly situated, v. Northrop Grumman Systems Corp., No. 15-cv-1397, S.D. Calif.; 2015 U.S. Dist. LEXIS 165878).
GENEVA - A law firm on Dec. 8 announced that a tribunal for the International Chamber of Commerce (ICC), International Court of Arbitration has issued a decision in arbitration between a Mediterranean gas company and two Egyptian entities, awarding the company $324 million.
MARSHALL, Texas - A noninfringement expert may not offer any testimony at trial that relies on a purported plain and ordinary meaning of "single memory location," "processor" or "processor connected to said data bus" in a patent infringement lawsuit, a Texas federal magistrate judge ruled Dec. 8 (ZiiLabs Inc. v. Samsung Electronics Co. Ltd., et al., No. 14-203, E.D. Texas; 2015 U.S. Dist. LEXIS 164442).
SAN FRANCISCO - A California federal judge on Dec. 9 expanded the 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 165182).
MADISON, Wis. - A trial judge properly considered other indicia of reliability in permitting expert testimony from a social worker who had extensive experience with child sexual assault victims and the behaviors exhibited by such victims, a Wisconsin appeals panel affirmed Dec. 9 (State of Wisconsin v. Larry J. Smith, No. 2014AP2653, Wis. App., Dist. 2; 2015 Wisc. App. LEXIS 856).
LOS ANGELES - A federal judge in California on Dec. 8 granted final approval of a $15 million securities class action settlement, ruling that the settlement, plan of allocation and attorneys' fees sought are reasonable (Mark Roberti v. OSI Systems Inc., et al., No. 13-9174, C.D. Calif.; 2015 U.S. Dist. LEXIS 164312).
HOUSTON - A federal judge in Texas on Dec. 7 granted a shareholder's motion for appointment as lead plaintiff, ruling that it has shown that it has the largest financial interest in the litigation and has met all statutory requirements for appointment (In re Plains All American Pipeline L.P. Securities Litigation, No. 15-2404, S.D. Texas; 2015 U.S. Dist. LEXIS 163811).
CHICAGO - A co-defendants complaints about how John Crane Inc. litigates its asbestos cases does not demonstrate "illicit collusion" with plaintiffs or support a motion for sanctions, the company told an Illinois judge Dec. 4 (Roxanne Richards, et al. v. Dana Companies LLC, et al., No. 14-1501, Ill. Cir., Cook Co.).
WASHINGTON, D.C. - Five lawsuits against the operator AshleyMadison.com related to a July 2015 breach of the adult dating website's network were consolidated in Missouri federal court on Dec. 9 by the U.S. Judicial Panel on Multidistrict Litigation (JPMDL), which ruled that centralization in that venue will best "serve the convenience of the parties and witnesses and promote the just and efficient conduct of this litigation" (In Re: Ashley Madison Customer Data Security Breach Litigation, MDL No. 2669, JPMDL).
SEATTLE - Dismissal of a securities class action complaint is proper because the lead plaintiffs lacked standing to pursue their claims when they failed to appeal a federal judge's ruling dismissing those claims against BP PLC and others, a federal judge in Washington ruled Dec. 7 (Claude A. Reese, et al. v. Robert A. Malone, et al., No. 08-1008, W.D. Wash.).
PHILADELPHIA - Efforts by a putative end-payer antitrust and consumer protection class to revive their claims against two drug manufacturers were rejected Dec. 8 by a Pennsylvania federal judge (In re: Niaspan Antitrust Litigation [All Actions], MDL No. 2460, No. 13-md-2460; E.D. Pa.; 2015 U.S. Dist. LEXIS 164021).
FRESNO, Calif. - A California court on Dec. 7 affirmed a trial court's decision to deny a motion for class certification filed by a former employee, finding that a care facility did not violate California's unfair competition law (UCL) or the California Labor Code when it required new employees to sign an agreement that they would eat their meals with clients (Yvonne Palacio v. Jan & Gail's Care Homes, Inc., No. F070861, Calif. App., 5th Cir.; 2015 Cal. App. LEXIS 1093).
NEW YORK - A Swiss reinsurer told a federal court in New York on Dec. 2 that the court should deny its reinsured's motion to compel arbitration of a reinsurance dispute in London (Infrassure, Ltd. v. First Mutual Transportation Assurance Company, Inc., No. 15-cv-8230, S.D. N.Y.).
TOPEKA, Kan. - A Kansas federal judge on Dec. 2 denied a motion to exclude testimony from the information technology (IT) experts, pharmaceutical representatives and a Food and Drug Administration expert; however, the judge granted in part the motion to exclude a financial expert's testimony in a drug-trafficking case (United States of America v. Michelle Reulet, et al., No. 14-40005, D. Kan.; 2015 U.S. Dist. LEXIS 161540).
NEW ORLEANS - An internal affairs investigation report is inadmissible in a man's excessive force lawsuit against sheriffs during a search of his apartment, a Louisiana federal judge ruled Dec. 2, granting in part a motion to exclude the report (Darnell Randle v. Mike Tregre, et al., No. 15-395, E.D. La.; 2015 U.S. Dist. LEXIS 161601).