SAN FRANCISCO - Alleging infringement of 11 standard-essential patents (SEPs), China-based Huawei Technologies Co. Ltd. on May 24 took aim at Samsung Electronics Co. Ltd. in a new California federal complaint (Huawei Technologies Co. Ltd. et al. v. Samsung Electronics Co. Ltd. et al., No. 16-2787, N.D. Calif.).
CLEVELAND - An arbitrator must decide the arbitrability of a former Uber Technologies Inc.'s drivers wage and employment status allegations, an Ohio federal judge ruled May 23, finding that the driver failed to timely opt out of the arbitration provision of the services agreement to which he consented (LaDon Bruster v. Uber Technologies Inc., et al., No. 15-2653, N.D. Ohio; 2016 U.S. Dist. LEXIS 67523).
PASADENA, Calif. - Two groups of parents who want their disabled children to be schooled separately from the Los Angeles Unified School District's (LAUSD) general, non-disabled student population should be allowed to intervene in a class action brought on behalf of all disabled students in LAUSD, the Ninth Circuit U.S. Court of Appeals ruled May 20 (Chanda Smith, et al. v. Los Angeles Unified School District, et al. v. April Munoz, et al., Nos. 14-55224 and 14-55256, 9th Cir.; 2016 U.S. App. LEXIS 9249).
BROOKLYN, N.Y. - A New York federal judge on May 23 excluded in part evidence of a plaintiff's intoxication in a civil lawsuit brought against police officers; however, the judge denied the plaintiff's request to preclude evidence of his guilty plea to his traffic violation (Imran Ali v. Police Officer William Connick and Sergeant Donald Kipp, No. 11-5297, E.D. N.Y.; 2016 U.S. Dist. LEXIS 67466).
PHILADELPHIA - An insurance company's expert may testify on the cause of a fire to property, a Pennsylvania federal magistrate judge ruled May 23, finding that although the expert failed to collect some relevant information and perform tests that would have strengthened the opinion's basis, the challenges go to the weight of his opinions (Allstate Insurance Co. v. Rosa-Lee Anderson and Deandre Patterson, No. 15-2651, E.D. Pa.; 2016 U.S. Dist. LEXIS 66481).
SAN FRANCISCO - Following two weeks of testimony, jurors assigned to the copyright infringement retrial between plaintiff Oracle America Inc. and defendant Google Inc. began deliberations on May 23, but their efforts were stymied just one day later when they were unable to access an electronic evidence cart containing source code relevant to the dispute (Oracle America Inc. v. Google Inc., No. 10-3561, N.D. Calif.).
NEW YORK - New York State Attorney General Eric T. Schneiderman announced May 24 that his office is suing to "seek redress for and to stop widespread and systematic violations of the New York Labor Law by Domino's Pizza Inc." and three of its franchisees (The People of the State of New York v. Domino's Pizza Inc., et al., No. n/a, N.Y. Sup., New York Co.).
NEW YORK - A federal appeals panel on May 23 affirmed a New York federal judge's dismissal of a class action against Citigroup Inc. brought under the Employee Retirement Income Security Act on the grounds that it is barred by the law's three-year statute of limitations (Steven Muehlgay, et al. v. Citigroup Inc., et al., No. 15-2461, 2nd Cir.; 2016 U.S. App. LEXIS 9349).
ST. PAUL, Minn. - An Eighth Circuit U.S. Court of Appeals panel on May 20 reversed certification of a class of homeowners in a Minneapolis neighborhood who have sued General Mills Inc. for environmental contamination, finding that the class lacks requisite commonality and cohesiveness (Karl Ebert, et al. v. General Mills, Inc., No. 15-1735, 8th Cir.; 2016 U.S. App. LEXIS 9233).
NEW YORK - A Second Circuit U.S. Court of Appeals panel on May 24 found that a trial court erred in failing to make a determination whether a juror was dismissed by the defendants based on race, vacating judgment in a wrongful death suit (Chan Young Bak v. Metro-North Railroad Co., et al., No. 15-1963, 2nd Cir.; 2016 U.S. App. LEXIS 9470).
WASHINGTON, D.C. - The U.S. Supreme Court on May 23 directed the Fifth Circuit U.S. Court of Appeals to reconsider, in light of Spokeo, Inc. v. Robins (578 U.S. __ ), its ruling that a defined-benefit pension plan participant did not have standing to file a breach of fiduciary duty suit under the Employee Retirement Income Security Act (Edward Pundt v. Verizon Communications, Incorporated, et al., No. 15-785, U.S. Sup.).
WASHINGTON, D.C. - The U.S. Supreme Court on May 23 let stand a Ninth Circuit U.S. Court of Appeals ruling regarding whether a successor employer can be subject to Multiemployer Pension Plan Amendments Act (MPPAA) withdrawal liability (Michael's Floor Covering LLC v. Resilient Floor Covering Pension Fund, No. 15-1118, U.S. Sup.).
PASADENA, Calif. - A Ninth Circuit U.S. Court of Appeals panel on May 24 affirmed dismissal of ERISA and breach of contract claims against Booz Allen Hamilton Inc. (BAH) arising from an employment dispute (Foster Rich v. Ralph W. Shrader, et al., No. 14-55484, 9th Cir.; 2016 U.S. App. LEXIS 9488).
DENVER - The 10th Circuit U.S. Court of Appeals on May 24 affirmed a lower federal court's ruling that coverage for an underlying $450,000 settlement is barred by an insurance policy's "Specific Entity Exclusion" and, therefore, the insurer has no duty to defend or indemnify against the underlying claims (P&S LLC v. National Union Fire Insurance Company of Pittsburgh, Pa., No. 15-1308, 10th Cir.).
COLUMBUS, Ohio - A federal judge in Ohio on May 19 granted a plaintiff's motion in limine to prevent E.I. du Pont de Nemours and Co. from questioning his treating physician regarding causation in his claim that DuPont is liable for his cancer from exposure to perfluorooctanoic acid (known as C8) (In re E.I. du Pont de Nemours and Co. C-8 Personal Injury Litigation, MDL No. 2433, No. 13-2433, S.D. Ohio).
PASADENA, Calif. - A Ninth Circuit U.S. Court of Appeals panel on May 20 affirmed in part and denied in part a California federal judge's summary judgment ruling in favor of defendants in a class action under the Employee Retirement Income Security Act (Geoffrey Moyle, et al. v. Liberty Mutual Retirement Benefits Plan, et al., No. 13-56330, 9th Cir.; 2016 U.S. App. LEXIS 9251).
NEW YORK - Transfer of a securities class action lawsuit to another federal district court is proper because shareholders' claims could have been brought in that court and because the relevant factors "overwhelmingly support transfer of this action to the District," a federal judge in New York ruled May 19 (William Ahrens, et al. v. CTI Biopharma Corp., et al., No. 16-1044, S.D. N.Y.; 2016 U.S. Dist. LEXIS 66139).
SAN FRANCISCO - Dismissal of an amended complaint in a securities class action lawsuit is proper because shareholders failed to properly plead loss causation in making their federal securities law claims against a biotechnology company and others, a federal judge in California ruled May 20 (Francis J. Bonanno v. Cellular Biomedicine Group Inc., et al., No. 15-1795, N.D. Calif.; 2016 U.S. Dist. LEXIS 66841).
PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on May 19 affirmed a district court's decision to grant judgment in favor of a retailer on claims asserted by employees in relation to wages, finding that their claims for violation of California's unfair competition law (UCL) and Labor Code were time-barred (L. Anderson v. Michael's Stores Inc., No. 14-56726, 9th Cir.; 2016 U.S. App. LEXIS 9180).
HONG KONG - An energy firm on May 24 announced that it has notified the China National Offshore Oil Corp. (CNOOC) and CNOOC China Limited (CCL) of its intent to commence formal arbitration proceedings against them in relation to the alleged mismanagement of a gas field.
ALEXANDRIA, Va. - A final rejection by a patent examiner of 20 claims of an invention relating to an improved way of snapping a user-guided cursor to guide lines in a computer-assisted drawing application was erroneous, the Patent Trial and Appeal Board (PTAB) ruled May 23 (Ex Parte Guarav Jain, No. 2014-008293, PTAB).
SHREVEPORT, La. - A Louisiana appellate panel on May 20 vacated the damages awarded to the plaintiffs in a wrongful death action stemming from medical malpractice and entered judgment increasing the survival and wrongful death awards (Cheryl Griffin Roark, et al. v. Liberty Healthcare Systems, Inc. and Evanston Insurance Co., No. 50,632-CA, La. App., 2nd Cir.; 2016 La. App. LEXIS 1006).
LONG BEACH, Calif. - The City of Long Beach on May 19 filed a lawsuit against Monsanto Co. and two of its affiliates in the U.S. District Court for the Central District of California, contending that the company concealed information regarding the toxicity of polychlorinated biphenyls (PCBs) that is manufactured, and city residents have been - or will be - injured as a result (City of Long Beach v. Monsanto Company, et al., No. 16-3493, C.D. Calif.).