CHICAGO - A judge did not err in allowing historical cell site analysis testimony because that testimony was corroborated by other witnesses and evidence, the Seventh Circuit U.S. Court of Appeals held June 28, upholding a jury's conviction of arson (United States of America v. Juan Adame, No. 15-1196, 7th Cir.; 2016 U.S. App. LEXIS 11829).
MIAMI - The special master in the Takata air bag multidistrict litigation on June 24 said that the judge overseeing the MDL should overrule American Honda Co. Inc.'s objections to searching its databases, consumer complaints, claims and lawsuits relating to the "aggressive deployment and non-deployment" of Takata air bags in its vehicles (In re: Takata Airbag Products Liability Litigation, No. 15-02599-CIV-Moreno, MDL No. 5-2599, S.D. Fla.).
THE HAGUE, Netherlands - The Permanent Court of Arbitration (PCA) on June 29 said it will soon issue its award in an arbitration commenced by the Republic of the Philippines pursuant to the United Nations Convention on the Law of the Sea (UNCLOS) against the People's Republic of China (The Republic of the Philippines v. The People's Republic of China, No. 2013-19, PCA).
MILWAUKEE - A Wisconsin federal judge on June 24 denied a department store's motion to dismiss a class suit accusing it of misleading its customers by inflating "original" prices to make sale prices appear to be better deals than they actually are (Miguel Murillo, et al. v. Kohl's Corporation, et al., No. 16-196, E.D. Wis.; 2016 U.S. Dist. LEXIS 82482).
WASHINGTON, D.C. - The U.S. Supreme Court on June 27 denied a petition for writ of certiorari filed by a debt purchaser and its affiliate seeking review of a decision by the Second Circuit U.S. Court of Appeals that reversed a trial court's holding regarding the National Bank Act (NBA) preemption and vacated the denial of class certification (Midland Funding, LLC, et al. v. Saliha Madden, No. 15-610, U.S. Sup.; 2016 U.S. LEXIS 4211).
SAN FRANCISCO - Chevron Corp., which is being sued by plaintiffs who allege that the company is liable for damages related to the explosion of one its natural gas rigs in Nigeria, on June 24 filed a brief in a California federal court asking it to compel the plaintiffs to produce litigation funding documents to demonstrate the adequacy of the class representative and his counsel (Foster Ogola, et al. v. Chevron Corporation, No. 14-173, N.D. Calif.).
NEW YORK - A federal judge in New York on June 24 denied a motion to alter or amend judgment and for leave to file a second amended complaint in a securities class action lawsuit, ruling that any amendment would be futile because the shareholders' additional evidence does not cure any of the pleading deficiencies that led to dismissal of the previous amended complaint (In re Sanofi Securities Litigation, No. 14-9624, S.D. N.Y.; 2016 U.S. Dist. LEXIS 82453).
NEW YORK - A federal judge in New York on June 24 denied a motion for a stay in a securities class action lawsuit and several related actions, ruling that the defendants' motion fails to meet the guidelines established in the U.S. Supreme Court's ruling in Nken v. Holder (In re Petrobas Securities Litigation, No. 14-9662, S.D. N.Y.; 2016 U.S. Dist. LEXIS 82426).
LOS ANGELES - Four plaintiffs on June 23 filed a proposed class lawsuit in California federal court against FCA US LLC (Chrysler), claiming that the gear shifters in three vehicles it manufactures are faulty and that the shifter defect could be linked to the death of actor Anton Yelchin, who was killed when his 2015 Jeep Grand Cherokee rolled down his driveway and crushed him (Deryl Wall, et al. v. FCA US LLC, No. 5:16-cv-01341, C.D. Calif.).
SEATTLE - A Washington federal judge on June 24 denied with prejudice a motion for class certification filed in a lawsuit accusing two billing aggregators of engaging in a scheme that caused Washington residents to unknowingly subscribe to premium text-messaging services, finding that the class is not ascertainable, individual issues predominate and a class action is not the superior method of resolution (Richard A. Geier, et al. v. m-Qube Inc., et al., No. 13-36080, W.D. Wash..; 2016 U.S. Dist. LEXIS 82656).
NEW ORLEANS - In a personal injury lawsuit, a Louisiana federal judge on June 23 barred expert testimony on the velocities of vehicles involved in the crash and the load or force experienced by one of the drivers, as well as medical causation opinions (Robert Parker, et al. v. NGM Insurance Co., et al., No. 15-2123, E.D. La.; 2016 U.S. Dist. LEXIS 81836).
RICHMOND, Va. - A Virginia Republican Party delegate filed a class complaint on June 24 in a Virginia federal court, seeking emergency injunctive relief from Virginia law to allow him and other delegates, both Democrats and Republicans, to vote their consciences at the parties' July national conventions (Carroll Boston Correll, Jr., et al. v. Mark R. Herring, et al., No. 16-467, E.D. Va.).
CHICAGO - Nearly two months after agreeing to award additional attorney fees in a settled class suit against Southwest Airlines Co. over its decision to stop honoring drink vouchers, an Illinois federal judge on June 22 granted a motion for reconsideration and vacated the fee award to provide the class with notice of the request for additional fees (In re: Southwest Airlines Voucher Litigation, No. 11-8176, N.D. Ill.; 2016 U.S. Dist. LEXIS 80834).
LEXINGTON, Ky. - An expert's proposed opinions concerning the labeling and intended use of a defendant's products, the compounds found in bloodroot and the dangers of escharotic agents are relevant and not unduly prejudicial, a Kentucky federal judge ruled June 22, allowing the expert to provide testimony on behalf of the U.S. government's lawsuit for violations under the Food, Drug and Cosmetic Act (FDCA), 21 U.S. Code Section 301 (United States of America v. Samuel A. Girod, No. 15-CR-87, E.D. Ky.; 2016 U.S. Dist. LEXIS 81047).
LAS VEGAS - A Nevada federal magistrate judge on June 23 barred expert testimony on blood samples in an estate executor's lawsuit against a clinical laboratory services provider and the Nevada State Athletic Commission (NSAC) with regard to libel and slander claims based upon a false HIV test that resulted in the end of a boxer's career (Patricia Harding Morrison v. Quest Diagnostics Inc., et al., No. 14-01207, D. Nev.; 2016 U.S. Dist. LEXIS 82689).
NEWPORT NEWS, Va. - A man accused of violating federal child pornography laws saw his motions to suppress evidence gained via tracking software and to compel that software's source code denied by a Virginia federal judge on June 23, who held that the Federal Bureau of Investigation obtained the warrant to use the software in accordance with the guidelines of the Fourth Amendment to the U.S. Constitution (United States of America v. Edward Joseph Matish III, No. 4:16-cr-00016 E.D. Va.).
LONDON - A Japanese mobile service provider on June 24 announced that a London tribunal has ordered an Indian telecommunications company to pay it $1.17 billion for breach of a shareholders agreement.
PHILADELPHIA - Although it mostly affirmed the dismissal of class claims against Viacom Inc. and Google Inc. related to the purported collection of children's personal information via the Nickelodeon network's websites, a Third Circuit U.S. Court of Appeals panel on June 27 found that an intrusion upon seclusion claim against Viacom was sufficiently alleged, vacating dismissal of the claim and remanding for further proceedings (In Re: Nickelodeon Consumer Privacy Litigation, No. 15-1441, 3rd Cir.).
MINNEAPOLIS - A workers' compensation insurer for teams in the National Hockey League (NHL) in a June 21 brief asked the judge overseeing the NHL concussion multidistrict litigation to issue an order limiting further production of independent medical examinations (IMEs) to those it already secured for the former players in the MDL (In re: National Hockey League Players Concussion Injury Litigation, MDL No. 14-2551, D. Minn.).
DENVER - A Colorado federal judge on June 22 granted a motion for class certification and denied a defense motion to exclude expert testimony in a case alleging that Great-West Life & Annuity Insurance Co. breached its fiduciary duties under the Employee Retirement Income Security Act (John Teets v. Great-West Life & Annuity Insurance Co., No. 14-02330, D. Colo.).
NEW ORLEANS - A trial judge properly excluded expert testimony, agreeing that the partial deposition testimony he saw provided an insufficient ground on which to opine about the link between a man's asbestos exposure and his fatal lung cancer, and without that testimony, summary judgment was appropriate, a Louisiana appeals court held June 22 (Dwayne Boudreaux, et al. v. Bollinger Shipyard, et al., No. 2015-CA-1345, Gerilyn Cook, et al. v. Bollinger Shipyard, et al., No. 2015-C-0958, La. App., 4th Cir.; 2016 La. App. LEXIS 1229).
CINCINNATI - An Ohio federal judge on June 21 dismissed a class complaint accusing a seafood and steakhouse of failing to properly compensate its workers for nontipped duties performed before and after closing and improperly deducting transaction fees from tips paid via credit cards (Chelsey Craig, et al. v. Landry's, Inc., et al., No. 16-277, S.D. Ohio; 2016 U.S. Dist. LEXIS 80489).
INDIANAPOLIS - An Indiana appeals panel on June 21 affirmed a trial judge's ruling that a cleaning franchisor did not aid and abet franchise fraud and commit civil deception, as a class of franchisees alleged (Nidia Martinez, et al. v. Stratus Franchising LLC, et al., Ind. App.; 2016 Ind. App. Unpub. LEXIS 705).
NEW YORK - In a notice of supplemental authority letter filed June 21 in the Second Circuit U.S. Court of Appeals, Microsoft Corp. says that the U.S. Supreme Court's recent ruling in RJR Nabisco Inc. v. European Community (No. 15-138, 2016 U.S. LEXIS 3925 [U.S., June 20, 2016]), which pertained to the extraterritorial application of the Racketeer Influenced and Corrupt Organizations (RICO) Act, supports Microsoft's position that it cannot be subpoenaed to supply email contents that are located extraterritorially (In the Matter of a Warrant to Search a Certain E-Mail Account Controlled and Maintained by Microsoft Corp.[Microsoft v. United States], No. 14-2985, 2nd Cir.).