CHARLESTON, S.C. - Three experts retained by plaintiffs claiming that Pella Corp.'s Architect Series and Designer Series windows are defective cannot testify about "leakage paths" that allow water to penetrate into vulnerable areas of the windows, a federal judge in South Carolina ruled Dec. 12, finding that the testing done by the experts to support their theory did not conform with American Society for Testing and Materials (ASTM) standard E2128 (In re: Pella Corporation Architect and Designer Series Windows Marketing, Sales Practices and products Liability Litigation, MDL 2514, Case No. 14mn1, D. S.C.; 2016 U.S. Dist. LEXIS 171502).
ORLANDO, Fla. - A federal judge in Florida on Dec. 12 dismissed with prejudice a claim asserted by a putative class of homeowners accusing Pulte Home Corp. of intentionally applying stucco in a manner that violated the Florida Building Code, ruling that the statute does not allow such a cause of action (Shaun Parker Gazzara, et al. v. Pulte Home Corporation, No. 16-CV-657-Orl-31TBS, M.D. Fla.; 2016 U.S. Dist. LEXIS 171271).
SYRACUSE, N.Y. - A federal magistrate judge in New York on Dec. 8 granted in part an insurer's and a reinsurer's motions to compel discovery information from each other regarding alleged obligations under certain reinsurance agreements (Utica Mutual Insurance Company v. Century Indemnity Company, No. 13-cv-00995, N.D. N.Y.).
SAN DIEGO - A candy company former employee who filed a wage and hour class complaint against her former employer may proceed only with two of her individual claims, the Fourth District California Court of Appeal, Division I, ruled Dec. 9, upholding summary judgment for the employer on the other remaining causes of action, including the class claims (Pamela Silva v. See's Candy Shops, Inc., No. D068136, Calif. App., 4th Dist., Div. 1; 2016 Cal. App. Unpub. LEXIS 8895).
FORT LAUDERDALE, Fla. - A Florida federal judge on Dec. 8 certified a class of Florida condo owners suing the owners and managers of a hotel located in the same complex for allegedly overcharging the unit owners for the cost of upkeep for the shared components such as lobby, parking garage and fitness center (Gary Dear, et al. v. Q Cub Hotel, LLC, No. 15-60474, S.D. Fla.; 2016 U.S. Dist. LEXIS 91200).
NEW YORK - A New York federal judge on Dec. 9 refused a Hong Kong commodity company's petition to vacate an arbitral award that was issued in favor of a Hong Kong seller of coking coal, finding that an arbitral panel did not exceed its authority in finding that the company wrongfully terminated an underlying contract for shipment (In the Matter of the Arbitration Between Kailuan [Hong Kong] International Co., Ltd. v. Sino East Minerals Ltd., No. 16-2160, S.D. N.Y.; 2016 U.S. Dist. LEXIS 170821).
NEW HAVEN, Conn. - A Connecticut federal judge on Dec. 8 denied a motion for class decertification filed in a wage-and-hour complaint brought by a limo driver who claims that his employer's commission-based payment structure resulted in hours worked without any compensation and a denial of overtime wages when hours exceed 40 per week (Roger Lassen, Jr., et al. v. Hoyt Livery, Inc., et al., No. 13-1529, D. Conn.; 2016 U.S. Dist. LEXIS 169506).
JACKSON, Miss. - A trial judge did not err in allowing a ballistic expert to give definitive testimony matching bullets from a crime scene to a gun linked to a man later convicted of deliberate design murder, the majority of the Mississippi Supreme Court ruled Dec. 8; however, the majority overturned the conviction based on the judge's error in answering a question posed by a jury during deliberations (James Douglas Willie a/k/a James D. Willie a/k/a James Willie v. State of Mississippi, No. 2014-KA-01041-SCT, Miss. Sup.; 2016 Miss. LEXIS 509).
PHILADELPHIA - A company's failure to comply with a state court motion to compel does not warrant sanctions because the request is overly broad, but going forward, the company must produce documents relevant to product identification testimony in an asbestos case, a federal magistrate judge held Dec. 6 (William Ney, et al. v. Owens-Illinois Inc., et al., No. 16-2408, E.D. Pa.; 2016 U.S. Dist. LEXIS 169371).
PHILADELPHIA - A former employee of The Coca-Cola Co. (Coke) argues in a Dec. 7 brief in Pennsylvania federal court that his bid for certification of a class of Coke employees whose personally identifying information (PII) is appropriate, contending that his proposed classes meet the requirements of Federal Rule of Civil Procedure 23 (Shane K. Enslin v. The Coca-Cola Co., et al., No. 2:14-cv-06476, E.D. Pa.).
SAN JOSE, Calif. - Five putative class actions against Yahoo! Inc. related to a data breach the internet giant announced in September were consolidated in the U.S. District Court for the Northern District of California by the U.S. Judicial Panel on Multidistrict Litigation (JPMDL) in a Dec. 7 transfer order (In re: Yahoo! Inc. Customer Data Security Breach Litigation, No. 5:16-md-02752, N.D. Calif.).
HUNTINGTON, W.Va. - A West Virginia federal judge on Dec. 7 granted a motion filed by the defendants in a suit over the terms of loan guarantees to transfer a class complaint to a Virginia federal court that the defendants argue, in part, will hear the case more quickly (Jason Vanden Heuvel, et al. v. Navy Federal Credit Union, et al., No. 16-1839, S.D. W.Va.; 2016 U.S. Dist. LEXIS 168926).
CHICAGO - An Illinois federal judge on Dec. 8 addressed several motions to exclude testimony prior to a trial date set in a doctor's lawsuit against a university for discrimination that resulted in her contract not being renewed (Dr. Maria Artunduaga v. The University of Chicago Medical Center, No. 12-8733, N.D, Ill.; 2016 U.S. Dist. LEXIS 169460).
LOS ANGELES - Summary judgment is warranted against insureds in an insurance breach of contract and bad faith lawsuit because the insureds have failed to show that their insurer breached its contract in failing to pay their claims for benefits or denied their requests for a defense or indemnification, a federal judge in California ruled Dec. 6 (Julie Sohn, et al. v. Allstate Indemnity Co., et al., No. 15-8841, C.D. Calif.; 2016 U.S. Dist. LEXIS 168555).
KANSAS CITY, Kan. - A Kansas federal judge on Dec. 5 denied Sprint Communications Co. L.P. its attempts to exclude damages and patent experts in two consolidated patent infringement lawsuits filed against Comcast Cable Communications LLC and Time Warner Cable Inc. (TWC) (Sprint Communications Company LP v. Comcast Cable Communications LLC, et al., No. 11-2684 and Sprint Communications Company LP v. Time Warner Cable Inc., et al., No. 11-2686, D. Kan.; 2016 U.S. Dist. LEXIS 167849).
NEWARK, N.J. - Plaintiffs in a class action suit alleging that Mercedes-Benz USA LLC misrepresented the efficiency of its BlueTec Clean Diesel vehicles lack standing to bring their action against the auto maker, a federal judge in New Jersey ruled Dec. 6, finding that the plaintiffs failed to show that the advertisements they allegedly relied on contained any false statements (In re: Mercedes-Benz Emissions Litigation, No. 16-881, D. N.J.; 2016 U.S. Dist. LEXIS 168535).
TRENTON, N.J. - A federal judge in New Jersey on Dec. 2 appointed an investor group as lead plaintiff in a securities class action lawsuit against a pharmaceutical company and certain of its executive officers, ruling that the investor group has the largest financial stake in the litigation and meets all statutory requirements to serve as lead plaintiff (David Lewis v. Lipocine Inc., et al. No. 16-4009, D. N.J. and Anthony Morassi, et al. v. Lipocine Inc., et al., No. 16-4067, D. N.J.; 2016 U.S. Dist. LEXIS 166532).
STILLWATER, Okla. - A group of Oklahoma residents on Dec. 5 filed a putative class action lawsuit in state court against five energy companies contending that by disposing of fracking wastewater into the ground, the companies introduced contaminants into the natural environment that caused an adverse change to it in the form of unnatural seismic activity (David and Myra Reid, et al. v. White Star Petroleum LLC, et al., No. CJ-2016-543, Okla. Dist., Payne Co.).
WASHINGTON, D.C. - An English mining company on Dec. 7 announced that a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) has granted an application filed by the Republic of Indonesia to dismiss arbitration claims asserted against it related to the revocation of mining licenses and has ordered it to pay $9.4 million in costs and fees (Churchill Mining PLC v. Republic of Indonesia, No. ARB/12/14 and ARB/12/40, ICSID).
SEATTLE - In a slip-and-fall case, an expert may testify as to the nature of an airport's floors when they become wet but cannot testify about the policies and practices for detecting and cleaning up spills, a Washington federal judge ruled Dec. 2 (Evelyne Suzanne Sudre, et al. v. The Port of Seattle, et al., No. 15-0928, W.D. Wash.; 2016 U.S. Dist. LEXIS 166882).
FORT WAYNE, Ind. - A licensed professional engineer may testify regarding a man's fall from a ladder and the sufficiency of the warnings and instructions but may not testify regarding a color banding alternative design because he failed to sufficiently substantiate his opinion for this alternative design beyond his conclusion, an Indiana federal judge ruled Dec. 5 (Joseph Costanza v. Vulcan Ladder Co., No. 13-260, N.D. Ind.; 2016 U.S. Dist. LEXIS 167470).
SCRANTON, Pa. - In a negligence lawsuit stemming from an automobile accident, a Pennsylvania federal judge on Dec. 5 declined to exclude medical testimony on a man's history of neck pain and how any exacerbation of the neck would have resolved itself in a matter of months because any disagreement can be addressed through cross-examination (Daniel Broe and Heidi Broe v. Steven Manns, No. 15-985, M.D. Pa.; 2016 U.S. Dist. LEXIS 167593).
CHICAGO - A federal judge was correct when he ruled that student athletes are not employees of the universities where they play, the Seventh Circuit U.S. Court of Appeals ruled Dec. 5 (Gillian Berger, et al. v. National Collegiate Athletic Association, et al., No. 16-1558, 7th Cir.; 2016 U.S. App. LEXIS 21642).
ERIE, Pa. - In a Dec. 2 reply brief supporting their motion for class certification, a Wyoming couple, who unknowingly purchased a laptop with spyware installed on it, tells a Pennsylvania federal court that their complaint against the laptop seller for violation of the Electronic Communications Privacy Act (ECPA) merits class treatment because of "the ability to answer predominating common questions in a uniform manner" in compliance with Federal Rule of Civil Procedure 23 (Crystal Byrd, et al. v. Aaron's Inc., et al., No. 1:11-cv-00101, W.D. Pa.).
WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on Dec. 2 released new caseload statistics for south and east Asia and the Pacific (SEAP Region).