PRESCOTT, Ariz. - An expert cannot testify that a partial DNA profile from a sexual assault crime scene is not expected to occur in more than one in 35 Native Americans, an Arizona federal judge held March 2, saying that the testimony is not reliable because it is probably based on unrepresentative data (United States of America v. Theodore Kootswatewa, No. CR-15-08034, D. Ariz.; 2016 U.S. Dist. LEXIS 25936).
SALT LAKE CITY - Utah legislators on March 2 held hearings on legislation requiring plaintiffs to submit sworn statements that they investigated and filed all available asbestos bankruptcy trust claims.
NEW YORK - A federal judge in New York on March 3 denied a motion for reconsideration of a previous order denying a motion to dismiss filed by defendants in a securities class action lawsuit, ruling that the recantation of information by confidential witnesses is not sufficient enough to grant reconsideration (In re Genworth Financial Inc. Securities Litigation, No. 14-2392, S.D. N.Y.).
TRENTON, N.J. - A federal judge in New Jersey on March 2 granted in part and denied in part a motion to dismiss filed by defendants in a securities class action lawsuit, ruling that although lead plaintiffs have properly pleaded their federal securities law claims against a pharmaceutical company, they have failed to do so against a number of the company's current and former officers and directors (Bing Li v. Aeterna Zentaris Inc., et al., No. 14-7081, D. N.J.; 2016 U.S. Dist. LEXIS 26772).
NEW YORK - The judge presiding over the General Motors ignition switch multidistrict litigation on March 2 granted GM's motion to seal documents relating to a settlement between thousands of drivers and GM, noting that there had been no objections to the motion (In Re: General Motors LLC Ignition Switch Litigation, No. 1:14-md-02543, S.D. N.Y.).
SAN JOSE, Calif. - Facebook Inc. filed a motion for a protective order March 2 in California federal court, asserting that a four-year-old privacy suit over its purported use of tracking cookies should be stayed pending resolution of the social network's second dismissal motion (In re: Facebook Internet Tracking Litigation, No. 5:12-md-02314, N.D. Calif.).
ATLANTA - A trial court erred in once again declining to hear testimony from a doctor in a wrongful death lawsuit against caretakers for a disabled man, a Georgia appeals panel ruled March 2, vacating a grant of summary judgment and remanding for the court to hear the testimony (Yvonne Blake, et al. v. KES, Inc., et al., No. A15A2207, Ga. App., 1st Div.; 2016 Ga. App. LEXIS 110).
PARIS - A decision by an ad hoc committee for the International Centre for Settlement of Investment Disputes (ICSID) was released March 4 in which it rejected an application filed by Romania to annul a $185,530,618 award that was issued in favor of several investors (Ioan Micula, et al. v. Romania, No. ARB/05/20, ICSID).
NEW HAVEN, Conn. - A manufacturer of spray polyurethane foam insulation (SPF) on Feb. 29 joined in a motion filed by its co-defendants in Connecticut federal court seeking sanctions as a result of a couple's alleged spoliation of evidence (Richard Breyer, et al. v. Anchor Insulation Co. Inc., et al., No. 13-cv-01576-JBA, D. Conn.).
NEW YORK - Doctors may testify that a defendant's Parkinson's dementia complex resulted in "decreased cognitive function during the relevant time period" regarding the time he is accused of violating his contractual and fiduciary duties under an escrow agreement, a New York federal judge ruled March 1 (Qube Films Ltd., et al. v. Bert Padell, et al., No. 13-8405, S.D. N.Y.; 2016 U.S. Dist. LEXIS 25137).
THE HAGUE, The Netherlands - The Permanent Court of Arbitration (PCA) on March 2 announced that it has held a hearing in a dispute over a seized vessel filed by Malta against the Republic of Sao Tome and Principe and that after further deliberations the tribunal will issue an award (The Duzgit Integrity Arbitration [Malta v. Sao Tome and Principe], No. 2014-07, PCA).
SPOKANE, Wash. - A mining company on Feb. 29 announced that it has reached a possible agreement with the Bolivarian Republic of Venezuela that will satisfy a $740 million award that was issued in its favor by the International Centre for Settlement of Investment Disputes (ICSID) and provides for the completion of a joint mining project.
NEW YORK - A New York federal judge on March 1 dismissed a consolidated complaint filed against Whole Foods Market Group Inc. accusing the chain of overcharging New York City customers for prepackaged foods, finding that the plaintiffs failed to adequately allege that they were injured (In re Whole Foods Market Group, Inc. Overcharging Litigation, No. 15-5838, S.D. N.Y.; 2016 U.S. Dist. LEXIS 24990).
SAN JOSE, Calif. - A California federal judge on Feb. 29 denied a motion filed by a woman objecting to a class settlement reached with her former employer seeking to certify a judgment settling the class claims in the case prior to the resolution of the individual claims so that she can file an immediate appeal (Danette M. Moore, et al. v. Petsmart, Inc., No. 12-3577, N.D. Calif.; 2016 U.S. Dist. LEXIS 24836).
RIVERSIDE, Calif. - In its closely watched dispute with the Federal Bureau of Investigation, Apple Inc. on March 2 filed a notice of supplemental authority, asking a California federal court to consider a just-decided New York federal case that also pertained to the U.S. government seeking to compel Apple to provide access to a suspect's seized iPhone under the All Writs Act (In the matter of the search of an Apple iPhone seized during the execution of a search warrant on a Black Lexus IS300, California License Plate 35KGD203, No. 5:16-cm-00010, C.D. Calif.).
PHILADELPHIA - A federal judge in Pennsylvania on Feb. 29 granted a lead plaintiff's motion for class certification in a securities class action lawsuit, ruling that the lead plaintiff has met all statutory requirements for class certification (In re Urban Outfitters Inc. Securities Litigation, No. 13-5978, E.D. Pa.; 2016 U.S. Dist. LEXIS 24915).
NEW YORK - Yesh Music Inc. and individual artist John K. Emanuele (Yesh, collectively) took aim at the music-streaming service Google Play Music on March 1, with a putative copyright infringement class action complaint filed in the U.S. District Court for the Southern District of New York (Yesh Music Inc., et al. v. Google Inc., No. 16-1566, S.D. N.Y.).
TRENTON, N.J. - A federal judge in New Jersey on Feb. 26 granted in part a motion to dismiss filed by the manufacturer of cross-linked polyethylene (PEX) plumbing systems, finding that the plaintiffs could not seek damages stemming from the allegedly defective pipes and fittings under the economic loss doctrine (Kimberly Cole, et al. v. NIBCO Inc., No. 13-7871, D. N.J.; 2016 U.S. Dist. LEXIS 24839).
WASHINGTON, D.C. - The Equal Employment Opportunity Commission announced March 1 that it has filed its first two gender discrimination suits based on sexual orientation, bringing claims under Title VII of the Civil Rights Act of 1964 (U.S. Equal Employment Opportunity Commission v. Scott Medical Health Center, P.C., No. 16-225, W.D. Pa.; U.S. Equal Employment Opportunity Commission v. Pallet Companies d/b/a IFCO Systems NA, Inc., No. 16-595, D. Md.).
CENTRAL ISLIP, N.Y. - A New York federal magistrate judge on Feb. 26 granted a motion for conditional certification of a collective action brought by a dishwasher who alleges that his former employer skirted overtime wages by using two time cards per worker (Orbin Zaldivar, et al. v. JMJ Caterers, Inc. d/b/a The Metropolitan, et al., No. 14-924, E.D. N.Y.; 2016 U.S. Dist. LEXIS 23969).
ATLANTIC CITY, N.J. - A class complaint, initially filed in New Jersey state court on Feb. 26 and amended on Feb. 29, accuses a New Jersey medical center of exposing more than 200 patients to HIV, hepatitis B or hepatitis C between June 1, 2013, and Sept. 17, 2014 (R.S., et al. v. Shore Medical Center, et al., No. ATL-L-394-16, N.J. Super., Atlantic Co.).
WASHINGTON, D.C. - An ad hoc committee for the International Centre for Settlement of Investment Disputes (ICSID) on March 1 released its decision to partially lift a stay of enforcement of an award issued in favor of investors, lifting the stay in relation to an undisputed damages award of $27.4 million (Tidewater Inc., et al. v. The Bolivarian Republic of Venezuela, No. ARB/10/5 ICSID).
HOUSTON - A former police officer may testify in a constitutional rights lawsuit about how an officer should have acted differently in a fatal shooting where a man was unarmed, a Texas federal judge ruled Feb. 29 (Audry L. Releford Jr., et al. v. City of Houston, et al., No. 14-2810, S.D. Texas; 2016 U.S. Dist. LEXIS 24729).
BROOKLYN, N.Y. - Denying a motion to compel Apple Inc. to assist the U.S. government in gaining access to an iPhone seized in a criminal investigation, a New York federal magistrate judge on Feb. 29 found that the government "failed to establish . . . that the [All Writs Act] permits the relief it seeks" (In re Order Requiring Apple Inc. to Assist in the Execution of a Search Warrant Issued by This Court, No. 1:15-mc-01902, E.D. N.Y.).
SAN FRANCISCO - Affirming a District Court's dismissal order, a Ninth Circuit U.S. Court of Appeals panel on Feb. 25 found that a putative class complaint over "Siri," the digital assistant on Apple Inc.'s iPhones, lacked the necessary specificity to support unfair competition and misrepresentation claims (In re iPhone 4S Consumer Litigation, No. 14-15487, 9th Cir.; 2016 U.S. App. LEXIS 3373).