NEW YORK - In an April 15 notice of supplemental authority, Microsoft Corp. informed the Second Circuit U.S. Court of Appeals of a newly adopted European statute, the "General Data Protection Regulation" (GDPR), which Microsoft argues supports its argument that it should not be required by governmental warrant to provide a user's emails that are stored in Irish servers (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.).
SIOUX FALLS, S.D. - A firearms expert may testify in a products liability lawsuit that a rifle was defective and that the defect caused the accident that led to the death of a hunter, a South Dakota federal judge ruled April 14, denying a motion filed by the makers of the rifle to exclude (Carol O'Neal, as personal representative of the Estate of Lanny O'Neal v. Remington Arms Company LLC, et al., No. 11-04182, D. S.D.; 2016 U.S. Dist. LEXIS 50107).
DETROIT - An expert may not testify regarding source code similarity between software programs in a breach of licensing agreement lawsuit, a Michigan federal judge ruled April 14, finding that the topic was already adjudicated at summary judgment (Ford Motor Co. and Ford Global Technologies LLC v. ThermoAnalytics, Inc., No. 14-13992, E.D. Mich.; 2016 U.S. Dist. LEXIS 50019).
CHARLESTON, W.Va. - A deputy medical examiner's testimony about a victim's wounds and cause of death was relevant given that a petitioner was charged with murdering her husband by shooting him in the head, the West Virginia Supreme Court of Appeals held April 13, affirming a jury conviction of murder in the first degree without a recommendation of mercy (State of West Virginia v. Julia Surbaugh, No. 14-0890, W.Va. Sup.; 2016 W. Va. LEXIS 239).
CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on April 14 found that plaintiffs' claims of increased risks of fraudulent charges and identify theft, due to the purported theft of their personally identifiable information (PII) in a breach of a restaurant chain's network, constitute sufficiently concrete and immediate damages to support their putative class action, leading the panel to vacate a lower court's dismissal of the lawsuit (John Lewert v. P.F. Chang's China Bistro Inc., No. 14-3700, 7th Cir.; 2016 U.S. App. LEXIS 6766).
JACKSON, Miss. - A trial judge did not err in allowing a doctor to testify that a woman's post-surgery hemoglobin levels indicate her obstetrician/gynecologist (OB/GYN) overestimated her blood loss, the Mississippi Supreme Court ruled April 14 (Charles Robinson, M.D. v. Regina A. Corr, No. 2015-CA-00051-SCT, Miss. Sup.; 2016 Miss. LEXIS 151).
DENVER - An insurance expert may not offer opinions that conflict with a federal court's interpretation of an insurance policy's condominium enhancement endorsement in a breach of contract and bad faith lawsuit stemming from the insurer's denial of coverage for water damage, a Colorado federal judge ruled April 13 (Chateau Village North Condominium Association v. American Family Mutual Insurance Co., No. 14-01583, D. Colo.; 2016 U.S. Dist. LEXIS 49665).
SAN FRANCISCO - A federal district court did not err in dismissing a securities class action complaint against Netflix Inc. and certain of its officers and directors because shareholders failed to plead falsity as statutorily required, a Ninth Circuit U.S. Court of Appeals panel ruled April 11 (In re Netflix Inc. Securities Litigation, No. 14-15315, 9th Cir.; 2016 U.S. App. LEXIS 6569).
TRENTON, N.J. - An insurance policy's external insulation and finish system (EIFS) exclusion precludes coverage for construction defect claims, a New Jersey appeals panel affirmed April 13, finding that sufficient expert testimony supported the contention that EIFS was installed in the project as defined in the exclusion (Crum & Forster Insurance Co. and Crum & Forster Specialty Insurance Co. v. The Breese Corp. and Lakeside at North Haledon Condominium Association, Inc., No. A-3880-13T1, N.J. Super. App. Div.; 2016 N.J. Super. Unpub. LEXIS 829).
NEW CASTLE, Del. - The Delaware Supreme Court on April 14 found that "substantial questions" exist as to whether a trial court properly ordered Yahoo! Inc. to produce certain emails from its directors' and officers' personal accounts, leading the appeals court to conclude that a stay pending appeal of the matter is appropriate (Yahoo! Inc. v. Amalgamated Bank, No. 83, 2016, Del. Sup.).
SAN FRANCISCO - Social network platform operator Twitter Inc. on April 12 moved for summary judgment in California federal court, arguing that putative class claims brought against it under the Telephone Consumer Protection Act (TCPA) fail because it did not initiate the notification emails at issue and because Twitter is entitled to immunity from such claims under the Communications Decency Act (CDA) (Beverly Nunes v. Twitter Inc., No. 3:14-cv-02843, N.D. Calif.).
WILMINGTON, Del. - The Delaware Supreme Court on April 12 affirmed dismissal of a third-party payer (TPP) Nexium/Prilosec class action, saying the union health funds caused their own injury by continuing to pay for the more expensive prescription Nexium while claiming that they were the victims of false advertising by drug maker AstraZeneca Pharmaceuticals LP (Teamsters Local 237 Welfare Fund, et al. v. AstraZeneca Pharmaceuticals LP, et al., No. 415, 2015, Del. Sup.; 2016 Del. LEXIS 236).
ST. LOUIS - A California man filed a brief in the Eighth Circuit U.S. Court of Appeals on April 13, voicing his objection to "delay-based administrative costs" included in an appeal bond, as well as to attorney fee awards related to a settlement between a consumer class and Target Corp. in a suit over 2013 data breaches experienced by the retail chain (In re: Target Corporation Customer Data Security Breach Litigation, Nos.15-3909, 16-1245, 15-3912, 16-1203 and 16-1408, 8th Cir.).
RIVERSIDE, Calif. - A California federal judge on April 11 sent a class complaint accusing an employer of failing issue proper wage statements and failing to keep accurate payroll records back to state court, finding that the amount in controversy did not exceed the Class Action Fairness Act's (CAFA) jurisdictional minimum (Jim Thuan Phan, et al. v. Sears, Roebuck and Co., et al., No. 15-2582, C.D. Calif.; 2016 U.S. Dist. LEXIS 48618).
NEW ORLEANS - A marine safety expert may testify as to whether a vessel was not fit for its intended use and purpose, a Louisiana federal judge held April 11, however, the judge excluded the expert from rendering the legal conclusion that bunk beds are regulated (Geordon Dennis v. ESS Support Services Worldwide, et al., No. 15-690, E.D. La.; 2016 U.S. Dist. LEXIS 48375).
NEWARK, N.J. - A New Jersey federal judge on April 11 declined to certify a class of financial advisers (FAs) suing their employer for failing to pay them overtime wages for hours in excess of 40 per week (In Re Morgan Stanley Smith Barney LLC Wage and Hour Litigation, No. 11-3121, D. N.J.; 2016 U.S. Dist. LEXIS 48648).
SAN FRANCISCO - An insurance company being sued for violating the Telephone Consumer Protection Act (TCPA) did not moot the class claims by depositing the funds to settle the lead plaintiff's individual' claims in an escrow account, the Ninth Circuit U.S. Court of Appeals ruled April 12 (Richard Chen, et al. v. Allstate Insurance Company, No. 13-16816, 9th Cir.; 2016 U.S. App. LEXIS 6627).
ST. PAUL, Minn. - A federal district court abused its discretion in granting class certification in a securities class action lawsuit because shareholders failed to satisfy the predominance requirement under the Federal Rules of Civil Procedure, a split Eighth Circuit U.S. Court of Appeals panel ruled April 12 (IBEW Local 98 Pension Fund, et al. v. Best Buy Co., Inc., et al., No. 14-3178, 8th Cir.; 2016 U.S. App. LEXIS 6616).
NEW YORK - A federal judge erred in excluding the testimony of a shareholder's damages expert and granting summary judgment in favor of defendants in a securities class action lawsuit because the judge's exclusion ruling was inadequate, a Second Circuit U.S. Court of Appeals panel ruled April 12 (In re Pfizer Inc. Securities Litigation, No. 14-2853, 2nd Cir.; 2016 U.S. App. LEXIS 6622).
LOS ANGELES - The defendant in a trademark infringement and unfair competition suit moved for contempt and preclusive sanctions against a rival attorney-recruiting website operator April 11, telling a California federal court that such remedies are merited given the plaintiff's blatant disregard of a court order compelling responses to discovery requests that go to the heart of the underlying trademark claims (Lateral Link Group LLC v. Habeas Corp., et al., No. 2:14-cv-05695, C.D. Calif.).
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on April 8 affirmed a trial court's finding that a class complaint accusing several car dealerships of improperly selling vehicles with damage to the dashboard and various interior components due to the heat encountered during normal use in Texas belongs in federal, not state, court (Felicia Carter, et al. v. Westlex Corporation, et al., No. 15-20561, 5th Cir.; 2016 U.S. App. LEXIS 6469).
KANSAS CITY, Kan. - A Kansas federal judge on April 11 denied final approval of a $5.1 million wage-and-hour settlement to be paid by a shipping broker to employees, finding that the confidentiality provisions and proposed service awards are not fair or equitable to all parties (Nancy Koehler, et al. v. Freightquote.com, Inc., et al., No. 12-2505, D. Kan.; 2016 U.S. Dist. LEXIS 48597).
RICHMOND, Va. - The Fourth Circuit U.S. Court of Appeals on April 11 affirmed a lower federal court's ruling that an insurer has a duty to defend against an underlying class action lawsuit alleging that its insured failed to safeguard hospital patients' private medical records by posting them on the Internet for more than four months (The Travelers Indemnity Company of America v. Portal Healthcare Solutions, L.L.C., et al., No. 14-1944, 4th Cir.; 2016 U.S. App. LEXIS 6554).
WILMINGTON, Del. - Neither the confirmation order for W.R. Grace & Co.'s reorganization plan nor a proposed case management order precludes a Delaware federal bankruptcy court from certifying a class of building owners that hold property damage claims against the debtor, a South Carolina hospital argues in an April 11 reply brief (In re: W.R. Grace & Co., et al., No. 01-01139, D. Del. Bkcy.).
PHOENIX - An Arizona federal judge on April 7 granted a motion to dismiss a wage-and-hour class complaint filed by drivers working for a ride-sharing company and compel individual arbitration in light of arbitration provision contained in the drivers' service agreement (David Sena v. Uber Technologies Incorporated, et al., No. 15-2418, D. Ariz.; 2016 U.S. Dist. LEXIS 47141).