RIVERSIDE, Calif. - One week after a hearing was vacated in the battle between the Federal Bureau of Investigation and Apple Inc. over the unlocking of the iPhone of San Bernardino, Calif., shooter Syed Rizwan Farook, the federal government on March 28 filed a status report in California federal court stating that it had "successfully accessed the data stored on" the phone and requesting that a Feb. 16 order compelling the unlocking of the encrypted phone by Apple be vacated (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.).
NEW YORK - A federal judge in New York on March 23 granted a motion to dismiss filed by defendants in a securities class action lawsuit, ruling that lead plaintiffs failed to show that a plastics company's Securities and Exchange Commission filings were overstated "based solely upon a comparison to its" filings with China's regulatory authority in violation of federal securities laws (In re China XD Plastics Co. Ltd. Securities Litigation, No. 14-5308, S.D. N.Y.; 2016 U.S. Dist. LEXIS 37951).
CHICAGO - A reinsurer told the Seventh Circuit U.S. Court of Appeals on March 23 that a lower court judge misinterpreted a reinsurance treaty's service-of-suit clause, which the reinsurer contends is meant to relate to arbitrations and not litigations (Pine Top Receivables of Illinois, LLC v. Transfercom, Ltd., No. 16-1073, 7th Cir.).
NEW YORK - A federal judge in New York on March 23 granted a motion for class certification in a securities class action lawsuit, ruling that the lead plaintiffs have met all statutory requirements for certification of the investor class (In re Barrick Gold Securities Litigation, No. 13-3851, S.D. N.Y.; 2016 U.S. Dist. LEXIS 37970).
LOUISVILLE, Ky. - A Kentucky federal judge on March 22 held that a plaintiff's breach of contract claim against her disability insurer, which is governed by the Employee Retirement Income Security Act (ERISA), entitled her to take limited discovery from the insurer because there was a potential evaluator/payor conflict of interest (Nicole Myers v. Anthem Life Insurance Co., No. 14-948, W.D. Ky.; 2016 U.S. Dist. LEXIS 37411).
TUCSON, Ariz. - A trial judge did not err in allowing a toolmark expert's testimony that was based in part on the use of three-dimensional imaging software and "confocal microscopic analysis" in a first-degree murder case, an Arizona appeals panel ruled March 23 (The State of Arizona v. Bryan Peter Foshay, No. 2 CA-CR 2014-0252, Ariz. App., Div. 2; 2016 Ariz. App. LEXIS 39).
NEW YORK - Dismissal of a securities class action lawsuit is proper because shareholders failed to plead scienter in making their federal securities law claims, a federal judge in New York ruled March 21 (In re DNTW Chartered Accountants Securities Litigation, No. 13-4632, S.D. N.Y.; 2016 U.S. Dist. LEXIS 36661).
SAN DIEGO - A California federal judge on March 22 denied a health supplement maker's motion for summary judgment in a class action arising over the advertising and sale of a glucosamine-based supplement (Dragan Vasic, et al. v. Patenthealth LLC, et al., No. 13-cv-849, S.D. Calif.; 2016 U.S. Dist. LEXIS 37305).
JACKSON, Miss. - In a March 22 brief in Mississippi federal court, Google Inc. argues that its subpoena to depose the general counsel of the Motion Picture Association of America (MPAA) should not be quashed, asserting that neither the attorney-client privilege nor the First Amendment to the U.S. Constitution protects lobbying, which goes to the heart of Google's lawsuit against Mississippi's attorney general (AG) (Google Inc. v. Jim Hood, No. 3:14-cv-00981, S.D. Miss.).
BALTIMORE - An expert failed to provide sufficient evidence as to the methodology used in opining about the cause of an accident and alleged defects in a trailer's jack, a Maryland federal judge ruled March 22, granting motions to exclude and summary judgment to the defendant in a products liability lawsuit (Stephen McKerrow v. Buyers Products Co., No. 14-2865, D. Md.; 2016 U.S. Dist. LEXIS 36590).
WASHINGTON, D.C. - A putative class action against the makers of the popular "Madden NFL" video game will proceed, thanks to a denial of certiorari March 21 by the U.S. Supreme Court (Electronic Arts Inc. v. Michael E. Davis, et al., No. 15-424, U.S. Sup.).
NEW YORK - A woman whose medical information was faxed to an incorrect recipient filed a brief in New York federal court on March 22 opposing a dismissal motion and defending her fraud and negligence class claims against a medical diagnostic facility, the intended fax recipient, arguing that the lab breached its duties to protect her personal, medical information under state and federal law (Jane Doe v. Quest Diagnostics Inc., et al., No. 1:15-cv-08992, S.D. N.Y.).
CHICAGO - A fashion jewelry company failed to sufficiently argue for dismissal of claims that it violated customers' rights when it discontinued honoring its promise of "lifetime guarantee," an Illinois federal judge ruled March 18; however, the judge agreed to dismiss the claims filed against the company's CEO and creative director, as well as the claims filed against another company owned by those two individuals (Cynthia West, et al. v. Act II Jewelry, LLC d/b/a Lia Sophia, et al., No. 15-5569, N.D. Ill.; 2016 U.S. Dist. LEXIS 34963).
PHILADELPHIA - An expert's analysis of the tenure process at a university is beyond her expertise, a Pennsylvania federal judge held March 21, excluding testimony in a gender discrimination lawsuit on the social science of stereotyping (Kristen Stromberg Childers, Ph.D. v. Trustees of the University of Pennsylvania, No. 14-2439, E.D. Pa.; 2016 U.S. Dist. LEXIS 35827).
COLUMBUS, Ohio - A structural integrity engineer and an engineer focusing on composite materials provide sufficient evidence to support their opinions regarding the cause of a ladder's collapse, an Ohio federal judge ruled March 21, denying a motion to exclude filed by the ladder's manufacturer in a personal injury lawsuit (Stephanie Curran v. Werner Co., No. 12-1221, S.D. Ohio; 2016 U.S. Dist. LEXIS 36150).
CHICAGO - Finding no error in the denial of a motion to exclude expert testimony about historical analysis of cellular telephone sites, the Seventh Circuit U.S. Court of Appeals on March 21 affirmed the conviction of a man for attempting to launder dye-stained currency by stuffing the bills into a slot machine at a casino (United States of America v. Wayne Hill, No. 14-2019, 7th Cir.; 2016 U.S. App. LEXIS 5073).
PASADENA, Calif. - A consumer who brought a class suit against a cosmetics and skin care manufacturer alleging false and deceptive labeling, after the consumer alleged that she was unable to fully dispense the lip balm that she purchased failed to state a claim under any of the California statutes named, including California Business and Professions Code Section 17200, the Ninth Circuit U.S. Court of Appeals ruled March 17 (Angela Ebner v. Fresh, Inc., No. 13-56644, 9th Cir.; 2016 U.S. App. LEXIS 4875).
SAN FRANCISCO - The lead plaintiff in a putative class action against Twitter Inc. under the Telephone Consumer Protection Act (TCPA) moved for partial summary judgment March 17, asking a California federal court to find that Twitter is responsible for sending unsolicited text messages under the statute and that the social network operator is not entitled to immunity under the Communications Decency Act (CDA) (Beverly Nunes v. Twitter Inc., No. 3:14-cv-02843, N.D. Calif.).
SAN FRANCISCO - A class action claiming that an insurer hid its use of a formula resulting in higher rates for long-term customers belongs before the state's insurance office, a federal judge in California held March 17 in staying unfair competition law (UCL), California Business and Professions Code Section 17200, et seq., claims (Andrea Stevenson v. Allstate Insurance Co., et al., No. 15-4788, N.D. Calif.; 2016 U.S. Dist. LEXIS 34923).
ORLANDO, Fla. - A Florida federal magistrate judge on March 21 denied a motion by a plaintiff, supported by the defendant, to seal depositions being cited in a summary judgment motion, saying the defendant presented evidence that the deposition material is confidential (Ricardo Diaz-Granados, et al. v. Wright Medical Technology, Inc., No. 14-1953, M.D. Fla., Orlando Div.; 2016 U.S. Dist. LEXIS 36082).
LOS ANGELES - A woman's mere contention that she owns a defective heating system lacks sufficient specifics, a federal judge in California held March 17 in dismissing her unfair competition law (UCL), Business and Professions Code Section 17200, et seq., action for lack of standing (Joanna Park-Kim v. Daikin Industries Ltd., et al., No. 15-9523, C.D. Calif.; 2016 U.S. Dist. LEXIS 35565).
GULFPORT, Miss. - A vocational rehabilitation expert may not give a vocational outlook opinion or medical costs analysis in a mother's lawsuit against a drug manufacturer for injuries allegedly sustained by her son as a result of a drug taken during pregnancy, a Mississippi federal judge ruled March 17 (Donna Jo Gibson, individually and as natural parent and guardian of J.G., a minor v. Smithkline Beecham Corp. d/b/a GlaxoSmithKline, LLC, No. 14-319, S.D. Miss.; 2016 U.S. Dist. LEXIS 34720).
SAN FRANCISCO - In a March 18 reply brief supporting a motion for protective order from discovery subpoenas served on one of its employees, Lyft Inc. argues that information sought by rival Uber Technologies Inc. is irrelevant to the present class action brought against Uber by one of its former drivers over a 2014 data breach (Sasha Antman v. Uber Technologies Inc., et al., No. 3:15-cv-01175, N.D. Calif.).
RENO, Nev. - In a pair of March 18 reply briefs in Nevada federal court, online retailer Zappos.com Inc. argues in support of its previously filed motions to dismiss putative class claims related to a 2012 breach of its network and to strike the plaintiffs' class claims, asserting that the plaintiffs did not plausibly plead any harm attributable to the breach (In Re Zappos.com Inc., Customer Data Security Breach Litigation, No. 3:12-cv-00325, D. Nev.).
PHILADELPHIA - An attorney representing Bill Cosby in a criminal lawsuit over an alleged sexual assault moved in Pennsylvania federal court March 17, seeking to quash a subpoena filed on him in a separate defamation suit brought by the assault suit claimant against a former Montgomery County, Pa., District Attorney (D.A.) who has made public statements regarding her credibility (Andrea Constand v. Bruce Castor, No. 2:15-cv-05799, E.D. Pa.).