ATLANTA - After finding that a former cruise ship worker's injury-related claims fell within the scope of an arbitration agreement in her employment contract, the 11th Circuit U.S. Court of Appeals on Nov. 10 affirmed a district court's decision to compel arbitration of the dispute (Claudia Ester Sierra v. Cruise Ships Catering and Services International, N.V., et al., No. 14-14940; 11th Cir.; 2015 U.S. App. LEXIS 19535).
SANTA ANA, Calif. - A federal judge in California on Nov. 9 denied a motion to dismiss filed by defendants in a securities class action lawsuit, ruling that, among other things, the lead plaintiffs have standing to sue for insider trading (Anthony Basile, et al. v. Valeant Pharmaceuticals International Inc., et al., No. 14-2004, C.D. Calif.).
PHILADELPHIA - Mostly affirming a lower court's dismissal of putative class claims under federal and state law related to the purported placing of tracking cookies on users' computers by Google Inc., a Third Circuit U.S. Court of Appeals panel on Nov. 10 found merit to the plaintiffs' California state law privacy claims, reversing in part and remanding the trial court's judgment (In Re: Google Inc. Cookie Placement Consumer Privacy Litigation, No. 13-4300, 3rd Cir.; 2015 U.S. App. LEXIS 19581).
MADISON, Wis. - Defendants are entitled to depose an expert witness regardless of his testimony or their familiarity with it, a federal judge held in an opinion filed Nov. 9, while also consolidating for trial four asbestos cases involving alleged defects in respirators (Milton Boyer and Kathy Boyer v. Weyerhaeuser Co., 3M Co., Metropolitan Life Insurance Co., Owens-Illinois Co., No. 14-286, Katrina Masephol v. Weyerhaeuser Co., 3M Co., Metropolitan Life Insurance Co., Owens-Illinois Co., No. 14-186, Janet Pecher, et al. v. v. Weyerhaeuser Co., 3M Co., Metropolitan Life Insurance Co., Owens-Illinois Co., No. 14-147, Virginia Prust, et al. v. v. Weyerhaeuser Co., 3M Co., Metropolitan Life Insurance Co., Owens-Illinois Co., No. 14-143, Roger Seehafer and Janice Seehafer v. Weyerhaeuser Co. and Owens-Illinois Inc., No. 14-161, Wesley Sydow and Theresa Sydow v. v. Weyerhaeuser Co., 3M Co., Metropolitan Life Insurance Co., Owens-Illinois Co., No. 14-219, Brian Heckel, et al. v. CBS Corp., et al., No. 13-459, Dianne Jacobs v. Rapid American Corp., et al., No. 12-899, W.D. Wis.).
LOS ANGELES - A California federal judge on Nov. 10 ordered plaintiffs who seek to file a class action against FanDuel Inc. and others in relation to claims that they violated California's unfair competition law (UCL) and other California law claims to show cause why the case should not be dismissed for lack of jurisdiction (Cody Spiegel, et al. v. FanDuel, Inc., et al., No. 15-08142, C.D. Calif.; 2015 U.S. Dist. LEXIS 152679).
WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on Nov. 11 released its order discontinuing an arbitration filed by a pipeline company against the Republic of Turkey in relation to claims for violation of a bilateral investment treaty between Austria and Turkey (Nabucco Gas Pipeline International GmbH in Liquidation v. Republic of Turkey, No. ARB/15/26, ICSID).
CHICAGO - A faxed magazine subscription renewal form did not violate the Telephone Consumer Protection Act (TCPA) and other laws, an Illinois federal judge ruled Nov. 10, granting the defendant's motion for summary judgment (Grind Lap Services, Inc., et al. v. UBM LLC, et al., No. 14-6448, N.D. Ill.; 2015 U.S. Dist. LEXIS 152134).
GREENSBORO, N.C. - The plaintiffs in a class dispute over the fees charged to their retirement plan moved Nov. 9 in the U.S. District Court for the Middle District of North Carolina for preliminary approval of a $32 million settlement and certification of their settlement class (Karolyn Kruger, M.D., et al. v. Novant Health Inc., et al., No. 14-208, M.D. N.C.).
NEW YORK - A New York federal judge on Nov. 9 denied a motion for class certification filed in a lawsuit accusing a medical records retrieval company of charging excessive fees in violation of state laws but noted that he would be open to certifying a narrower class (Tatyana Ruzhinskaya, et al. v. HealthPort Technologies, LLC, No. 14-2921, S.D. N.Y.; 2015 U.S. Dist. LEXIS 151816).
NEW YORK -
TORONTO - A Canadian energy company on Nov. 11 announced that it has filed a new arbitration with the Permanent Court of Arbitration (PCA) against the Kyrgyz Republic and said it is finalizing the materials to enforce a $118 million arbitration award issued in its favor and against Kyrgyz by a Russian tribunal.
MARSHALL, Texas - A Texas federal judge on Nov. 7 struck an expert's report as it pertains to Apple Inc.'s iTunes source code in a patent infringement lawsuit (ContentGuard Holdings, Inc. v. Amazon.com, Inc., et al., No. 13-1112, E.D. Texas; 2015 U.S. Dist. LEXIS 151259).
PHILADELPHIA - A Pennsylvania federal judge on Nov. 5 denied preliminary approval of a third amended class action settlement in a multidistrict litigation accusing Comcast Corp. of unlawfully tying the sale of premium cable to the rental of a set-top box from the company, finding that the settlement class was not ascertainable (In Re: Comcast Corp. Set-Top Cable Television Box Antitrust Litigation, No. 09-2034, E.D. Pa.; 2015 U.S. Dist. LEXIS 150160).
ATLANTA - A trial court did not err in allowing an expert to testify on pain management in a criminal case against a doctor for unlawful dispensing of controlled substances, the 11th Circuit U.S. Court of Appeals held Nov. 10, affirming the convictions on conspiracy unlawful dispensation of controlled substances and sentencing against the doctor (United States of America v. Najam Azmat a/k/a Dr. Hazmat, No. 14-13703, 11th Cir.; 2015 U.S. App. LEXIS 19574).
SEATTLE - Recent case law clarifies that expiration of a man's personal injury claim also bars his widow's wrongful death action, a Washington appeals court held Nov. 9 (Geraldine Barabin, et al. v. AstenJohnson Inc., et al., Nos. 72626-9-1, 72720-6-1, 72721-4-1, 72722-2-1, 727224-9-1, 72725-7-1, Wash. App., Div. 1; 2015 Wash. App. LEXIS 2726).
WASHINGTON, D.C. - A class action is appropriate only when classwide injury may be determined in a single stroke, the attorney representing Tyson Foods Inc. in a donning and doffing dispute argued Nov. 10 before the U.S. Supreme Court (Tyson Foods, Inc. v. Peg Bouaphakeo, et al., No. 14-1146, U.S. Sup.).
OKLAHOMA CITY - A federal judge in Oklahoma on Nov. 5 allowed a geoscientist with 29 years of experience to testify in a suit over whether an environmental consulting company was negligent when finding that the former site of a dry cleaning business did not need to be remediated, holding that the expert was qualified and that he set forth a sufficient factual basis for his opinions (6001 May LLC, et al. v. Stamatis Enterprises Inc., et al., No. CIV-14-482-M, W.D. Okla.; 2015 U.S. Dist. LEXIS 150263).
THE HAGUE, Netherlands - The Permanent Court of Arbitration (PCA) on Nov. 6 said a tribunal has been constituted in an arbitration commenced by Italy against India under the United Nations Convention on the law of the Sea (UNCLOS) in relation to the death of two Indian fisherman (The Enrica Lexie Incident [Italy v. India], No. 2015-28, PCA).
OXFORD, Miss. - In a negligence case arising out of injuries sustained from a prematurely closing automatic door, a Mississippi federal judge on Nov. 6 excluded expert opinions that amount "to nothing more than mere legal conclusions" (Mariam Bailey v. Stanley Access Technologies, Inc. and Desoto Inns, Inc., No. 14-72, N.D. Miss.; 2015 U.S. Dist. LEXIS 151101).
SAN FRANCISCO - A group of public interest and privacy rights organizations filed an amicus curiae brief in the Ninth Circuit U.S. Court of Appeals on Nov. 5 supporting four defendants that were convicted for supporting terrorists based on telephony metadata that the amici contend was unlawfully collected by the government per the USA Patriot Act in violation of the defendants' rights under the First and Fourth Amendments to the U.S. Constitution (United States of America v. Basaaly Saeed Moalin, et al., No. 13-50572, 13-50578, 13-50580 and 14-50051, 9th Cir.).
DENVER - A federal judge in Colorado on Nov. 3 granted preliminary approval of a $3.2 million settlement in a securities class action lawsuit, ruling that the settlement meets all statutory requirements for approval (Patipan Nakkhumpun v, Daniel J. Taylor, No. 12-1038, D. Colo.; 2015 U.S. Dist. LEXIS 149850).
RALEIGH, N.C. - Material data sheets from two companies whose automotive parts allegedly exposed a man to asbestos are not a sufficient basis for an expert's causation testimony, a federal judge in North Carolina held Nov. 5 in affirming exclusion of the evidence (Graham Yates and Becky Yates v. Ford Motor Co. and Honeywell International Inc., No. 12-752, E.D. N.C.; 2015 U.S. Dist. LEXIS 150429).
NEW ORLEANS - In a one-sentence order, a Fifth Circuit U.S. Court of Appeals panel on Nov. 4 granted Halliburton Co.'s motion for leave to appeal a district court ruling certifying a class of shareholders in a securities suit alleging that the company and certain of its officers and directors misrepresented the company's business and financial condition in violation of federal securities law (Erica P. John Fund Inc. v. Halliburton Co., No. 15-90038, 5th Cir.).
SYRACUSE, N.Y. - A reinsurer told a federal court in New York on Nov. 4 that there are documents it recently learned about that it wishes to compel production of that were allegedly wrongfully withheld by its reinsured (Munich Reinsurance America Inc. v. Utica Mutual Insurance Company, No. 13-cv-00743, N.D. N.Y.).
CHARLOTTE, N.C. - The asbestos claimants' committee in the Chapter 11 case of Garlock Sealing Technologies LLC should be ordered to produce "nonpublic" communications its members have made with claimants about Garlock's proposed plan of reorganization so the debtor can determine whether the committee has been attempting to improperly discredit the plan, Garlock says in a Nov. 5 motion filed in North Carolina federal bankruptcy court (In re: Garlock Sealing Technologies, LLC, et al., No. 10-31607, W.D. N.C. Bkcy.).