SAN FRANCISCO - A California federal court had no authority to rule on the enforceability of arbitration agreements entered into between Uber Technologies Inc. and its drivers except as to a representative claim under California's Private Attorneys General Act (PAGA), a Ninth Circuit U.S. Court of Appeals ruled Sept. 7 (Abdul Kadir Mohamed, et al. v. Uber Technologies, Inc., et al., Nos. 15-16178 and 15-16250, Ronald Gillette v. Uber Technologies, Inc., No. 15-16181, 9th Cir.; 2016 U.S. App. LEXIS 16413).
WASHINGTON, D.C. - A District of Columbia Circuit U.S. Court of Appeals order requiring Backpage.com LLC CEO Carl Ferrer to comply with a discovery subpoena related to a sex trafficking investigation should stand, a U.S. Senate subcommittee told the U.S. Supreme Court on Sept. 9, opposing Ferrer's application to stay the order pending high court review (Carl Ferrer v. Senate Permanent Subcommittee on Investigations, No. 16A236, U.S. Sup.).
ORLANDO, Fla. - A federal judge in Florida on Sept. 8 dismissed a class action suit against Pulte Home Corp. accusing the company of building homes with defective stucco siding, ruling that the negligence claim is barred by the economic loss doctrine and that the state does not recognize a cause of action for a builder's alleged intentional installation of defective stucco (Shaun Parker Gazzara, et al. v. Pulte Home Corporation, No. 16-cv-657-Orl-31TBS, M.D. Fla.; 2016 U.S. Dist. LEXIS 121348).
Just a day after ITT Educational Services Inc. told its students and employees on Sept. 6 that all of its campuses were being permanently shuttered, three class complaints had been filed by employees in two federal courts accusing the for-profit chain of failing to provide them with proper notice (Dennis Artis, et al v. ITT Educational Services, Inc., No. 16-790, D. Del., Allen Federman v. ITT Educational Services, Inc., No. 16-780, D. Del., Christin M. Long, et al. v. ITT Educational Services, Inc., No. 16-2399, S.D. Ind.).
RALEIGH, N.C. - A trial judge did not err in allowing a special agent and forensic chemist to testify on his visual inspection of drugs, the North Carolina Court of Appeals held Sept. 6, finding no error in the expert's use of "administrative procedure for sampling" (APS) (State of North Carolina v. Henry Datwane Hunt, No. COA 16-143, N.C. App.; 2016 N.C. App. LEXIS 922).
NEW ORLEANS - In a negligence lawsuit an employee filed against his employer over injuries on a boat, a Louisiana federal judge on Sept. 7 limited a marine safety expert's testimony to that stated in his opinion and not matters that fall out of his field (In the matter of M&M Wirelines & Offshore Services LLC, No. 15-4999, E.D. La.; 2016 U.S. Dist. LEXIS 120542).
MEMPHIS, Tenn. - An engineer and accident reconstructionist failed to present evidence to support his opinion that a driver would have avoided a collision or had "only a minor collision" if he had been driving at a slower speed, a Tennessee federal judge ruled Sept. 7, excluding in part the expert's testimony (Christopher Stephen Johnson and Melissa Johnson v. Trans-Carriers Inc. and Gordon A. Newsome, No. 15-2533, W.D. Tenn.; 2016 U.S. Dist. LEXIS 120374).
SAN FRANCISCO - Shareholders have failed to show how an anonymous blogger report is adequate to serve as a corrective disclosure to support loss causation, a federal judge in California ruled Sept. 2 in dismissing the shareholders' amended complaint (Francis J. Bonanno v. Cellular Biomedicine Group Inc., et al., No. 15-1795, N.D. Calif.; 2016 U.S. Dist. LEXIS 119194).
PHILADELPHIA - A Delaware federal judge erred in treating antitrust standing as an issue of subject matter jurisdiction in dismissing a putative class action against alleged supracompetitive pricing of medicated eye drops, the Third Circuit U.S. Court of Appeals ruled Sept. 7 (Hartig Drug Company Inc. v. Senju Pharmaceutical Co. Ltd., et al., No. 15-3289, 3rd Cir.; 2016 U.S. App. LEXIS 16404).
MIAMI - A Florida federal judge on Sept. 2 granted defendants' motion to stay discovery pending resolution of their motions to dismiss an amended class action complaint alleging that they participated in a fraudulent scheme that overcharged borrowers for lender-placed insurance (LPI) (Jeffrey Parker, et al. v. AHMSI Insurance Agency Inc. d/b/a Belt Line Insurance Agency, et al., No. 15-23840, S.D. Fla.).
ORLANDO, Fla. - A federal magistrate judge in Florida on Sept. 6 quashed in part subpoenas served by plaintiffs who claim that homes built by Pulte Home Corp. were built with a defective stucco system on the defendant company's experts, ruling that information concerning destructive testing the experts conducted on certain homes was not subject to the exceptional circumstances exception to the work product doctrine (Shaun Parker Gazzara, et al. v. Pulte Home Corporation, No. 16-cv-657-Orl-31TBS, M.D. Fla.; 2016 U.S. Dist. LEXIS 119867).
MILWAUKEE - A federal judge in Wisconsin on Sept. 2 denied an insurer's motion to dismiss in an insurance bad faith lawsuit, ruling that the insureds' inclusion of a letter in their amended complaint that properly spelled out the terms of their bad faith claim does not "inherently" contradict the bad faith allegations made by the insureds in their amended complaint (Elizabeth Baires, et al. v. State Farm Mutual Automobile Insurance Co., No. 16-402, E.D. Wis.; 2016 U.S. Dist. LEXIS 119155).
NEW ORLEANS - A Louisiana federal judge on Sept. 6 permitted expert testimony on causation of injuries in a workplace accident, as well as economic-loss testimony on the worker's future earning capacity while excluding any testimony on the worker's recent arrest (Steven Granger v. Bisso Marine and Bollinger Shipyards, No. 15-477, E.D. La.; 2016 U.S. Dist. LEXIS 119868).
AUSTIN, Texas - The Texas Supreme Court in a Sept. 2 pronouncement granted relators' petition to review a lower court's ruling compelling them to respond to discovery requests concerning their attorney fees in a multidistrict litigation hailstorm property damage coverage dispute (In Re National Lloyds Insurance Co., Wardlaw Claims Service Inc. and Ideal Adjusting Inc., No. 15-0591, Texas Sup.).
ROME, Ga. - Having found that a defendant university established that it was entitled to attorney fees related to a motion to compel discovery responses from the putative class representatives in a negligence suit over stolen student records, a Georgia federal judge on Sept. 2 awarded the university more than $16,000 in costs and fees, ruling that the information and documents sought were relevant to the plaintiffs' claimed damages (Erin Bishop, et al. v. Shorter University Inc., No. 4:15-cv-00033, N.D. Ga.).
MUMBAI, India - Tata Sons on Sept. 5 said it has filed an application to set aside an ex parte order made by an English court enforcing a $1.7 billion arbitral award issued in favor of Japan's largest telecommunications provider.
BALTIMORE - Finding no error in the use of testimony from a medical doctor, a vocational counselor and economic loss expert, a Maryland special appeals panel on Sept. 1 affirmed a judgment against an apartment building owner for negligence arising out of a woman's injuries from deteriorating lead paint (Stanley Rochkind v. Starlena Stevenson, No. 418, Md. App.; 2016 Md. App. LEXIS 100).
CHICAGO - A damages expert may not testify on whether a company would have reduced the value of an asset purchase agreement (APA) had it known about prior credits to alcohol beverage distributors and local marketing funds (LMF), an Illinois federal judge ruled Sept. 6, noting that the statements were speculative and subjective opinions (Luxco Inc. v. Jim Beam Brands Co., No. 14-0349, N.D. Ill.; 2016 U.S. Dist. LEXIS 119615).
WASHINGTON, D.C. - One day after the District of Columbia Circuit U.S. Court of Appeals ordered Backpage.com LLC Chief Executive Officer Carl Ferrer to comply with a U.S. Senate subcommittee's discovery subpoena, the U.S. Supreme Court on Sept. 6 temporarily stayed the appeals court's ruling pending Ferrer's appeal to the high court (Carl Ferrer v. Senate Permanent Subcommittee on Investigations, No. 16A236, U.S. Sup.).
WASHINGTON, D.C. - The U.S. Supreme Court has granted shareholders a more than a month's extension to file a petition for writ of certiorari in a securities class action lawsuit in which the shareholders are challenging the Eighth Circuit U.S. Court of Appeals' reversal of a lower court's grant of class certification, according to a letter filed Sept. 1 in the Eighth Circuit (IBEW Local 98 Pension Fund, et al. v. Best Buy Co., Inc., et al., No. 14-3178, 8th Cir.).
BOSTON - An expert may testify that an opening in a screen over a salt spreading mechanism created an unreasonably dangerous condition, a Massachusetts federal judge ruled Sept. 2, also denying summary judgment to the mechanism's manufacturer on a failure to warn claim (Ronald Linhares v. Buyers Products Co., No. 15-11881, D. Mass.; 2016 U.S. Dist. LEXIS 119128).
CONCORD, N.H. - Expert testimony on homeowners' loan modification application with mortgage lenders fails to offer interpretation of process outside of paraphrasing subsections of the Real Estate Settlement and Procedures Act (RESPA), a New Hampshire federal judge ruled Aug. 31, barring the testimony (Jason S. Dionne and Denise C. Dionne v. Federal National Mortgage Association and JPMorgan Chase Bank N.A., No. 15-056, D. N.H.; 2016 U.S. Dist. LEXIS 117352).
WASHINGTON, D.C. - Three weeks after the CEO of online classifieds website operator Backpage.com LLC was granted an emergency stay from a trial court's order requiring him to comply with a U.S. Senate subcommittee's discovery subpoena related to an online sex trafficking investigation, a District of Columbia Circuit U.S. Court of Appeals panel majority on Sept. 2 dissolved the stay and affirmed the order requiring compliance (Senate Permanent Subcommittee on Investigations v. Carl Ferrer, No. 16-5232, D.C. Cir.).
NEW YORK - A securities class action lawsuit against a medical device maker and its CEO should be dismissed because the lead plaintiff has failed to show that the defendants made any material misrepresentations or acted with scienter in statements they made regarding the company's heart pump, the defendants argue in an Aug. 30 motion to dismiss (In re HeartWare International Inc. Securities Litigation, No. 16-0520, S.D. N.Y.).
JACKSON, Miss. - A woman who suffered injuries during a robbery in a parking lot failed to provide sufficient testimony from a safety and security expert to support an atmosphere-of-violence claim, a Mississippi appeals panel affirmed Aug. 30, noting that an incident of robbery in the previous five years was not enough to put a company on notice of foreseeable danger (Pearlie Wright v. R.M. Smith Investments, L.P., No. 2015-CA-00199-COA, Miss. App.; 2016 Miss. App. LEXIS 566).