NEWARK, N.J. — Allergan Inc. on Feb. 28 asked the Biocell breast implant multidistrict litigation court to prohibit plaintiffs from filing anonymous pleadings under names such as “Jane Doe” and initials (In Re: Allergen Biocell Textures Breast Implant Product Liability Litigation, MDL Docket No. 2921, No. 19-mn-2921, D. N.J.).
SAN FRANCISCO — In respective case management statements filed in California federal court on Feb. 27, Facebook Inc. and a putative class suing it over the Cambridge Analytica data-sharing incident blame each other for delays in the discovery process, arguing about such matters as search terms, depositions and the appropriate number of custodians (In re Facebook Inc., Consumer Privacy User Profile Litigation, No. 3:18-md-02843, N.D. Calif.).
PHOENIX — A federal judge in Arizona on Feb. 25 denied a disability claimant’s request for discovery to supplement the administrative record in her suit alleging that her claim for long-term disability (LTD) was wrongfully denied, finding that she failed to demonstrate that the insurer’s alleged structural conflict of interest demands additional discovery or that information she sought about its medical reviewers’ alleged conflicts would be necessary for the court to conduct a de novo review (Leslie DeMarco v. Life Insurance Company of North America, et al., No. CV-19-02385, D. Ariz., 2020 U.S. Dist. LEXIS 31723).
LAS VEGAS — More than a year after it was granted an injunction in a long-running software copyright dispute with Rimini Street Inc., Oracle USA Inc. filed an objection to a Nevada federal magistrate judge’s discovery ruling on Feb. 12, asserting that the defendant is using the attorney-client privilege to shield continued infringement (Oracle USA Inc., et al. v. Rimini Street Inc., et al., No. 2:10-cv-00106, D. Nev.).
WASHINGTON, D.C. — On Feb. 7, Facebook Inc. and Twitter Inc. filed a petition for certiorari asking the U.S. Supreme Court to decide whether subpoenas requiring the disclosure of users’ nonpublic social media account contents, which they say violate the Stored Communications Act (SCA), are constitutionally permissible (Facebook Inc., et al. v. The Superior Court of San Francisco County, et al., No. 19-1006, U.S. Sup.).
CINCINNATI — The Sixth Circuit U.S. Court of Appeals on Feb. 12 stayed the production of some opioid prescribing data by pharmacy chain defendants in the opioid multidistrict litigation and invited the opioid MDL court to respond to the pharmacies’ motion for a writ of mandamus against the production of dispensing information for an October trial (In Re: National Prescription Opiate Litigation [In Re: CVS Pharmacy, Inc., et al., No. 20-3075, 6th Cir.).
NEW YORK — A federal magistrate judge in New York in Feb. 12 refused to disqualify attorneys and a law firm representing an insurer that is accusing a compounding pharmacy and its pharmacists of submitting claims for medically unnecessary medications, finding that there is not enough evidence to show that the attorneys and firm participated in the claims verification process (State Farm Mutual Automobile Insurance Co., et al. v. 21st Century Pharmacy Inc., et al., No. 17 Civ. 5845, E.D. N.Y., 2020 U.S. Dist. LEXIS 24646).
WASHINGTON, D.C. — A federal judge in the U.S. District Court for the District of Columbia on Feb. 12 partially granted and partially denied a law firm’s requests for information from the U.S. Environmental Protection Agency under the Freedom of Information Act (FOIA) pertaining to the EPA’s communication related to its classification of glyphosate as noncarcinogenic. The judge held that although the EPA’s search for communications was “inadequate,” it could still withhold a variety of material (Husch Blackwell LLP v. United States Environmental Protection Agency, No. 18-1213, D. D.C., 2020 U.S. Dist. LEXIS 24322).
BROOKLYN, N.Y. — Finding a variety of failures with discovery requests and motions filed by the brother of a deceased nursing home resident and parties associated with the facility, a New York federal magistrate judge on Jan. 23 declined to bifurcate or “trifurcate” merits and class certification discovery, ordering consolidated discovery and directing that future filings be in accord with federal guidelines (Walter Chow v. SentosaCare LLC, et al., No. 1:19-cv-03541, E.D. N.Y., 2020 U.S. Dist. LEXIS 20770).
WEST PALM BEACH, Fla. — In a Florida bankruptcy proceeding, an interested party on Feb. 7 objected to a subpoena of bank accounts belonging to the party because the information sought relates only to an insolvent insurer’s fraudulent transfer claims that had been dismissed (In re: British American Insurance Company Ltd., Chapter 15, Nos. 09-31881 and 09-35888, British American Insurance Company Ltd. v. Robert Fullerton, et al., No. 11-03118, S.D. Fla. Bkcy.).
By Matthew T. McLaughlin
WASHINGTON, D.C. — In redacted documents filed Feb. 10 in the U.S. Court of Federal Claims, Amazon Web Services Inc. and Microsoft Corp. argue over Amazon’s motion to supplement the administrative record (AR) in its protest of the recent awarding of the multibillion-dollar Joint Enterprise Defense Infrastructure (JEDI) contract to Microsoft by the U.S. Department of Defense (DOD), including Amazon’s requests for document production and a deposition of President Donald J. Trump (Amazon Web Services Inc. v. United States, No. 1:19-cv-01796, Fed. Clms.).
ANCHORAGE, Alaska — A federal judge in Alaska on Jan. 24 granted an insurer’s motion to bifurcate a plaintiff’s underinsured/uninsured motorist (UIM) claim in a breach of contract and bad faith lawsuit from her bad faith claims at trial, ruling that the parties then must try the plaintiffs’ bad faith claims before the same jury (Anastasia Tanner v. State Farm Mutual Automobile Insurance Co., No. 19-0253, D. Alaska, 2020 U.S. Dist. LEXIS 11767).
SAN FRANCISCO — In a Feb. 3 appellee brief, Google LLC tells the Ninth Circuit U.S. Court of Appeals that a trial court properly dismissed claims alleging breach of contract and violation of California’s unfair competition law (UCL) related to a purported overcharge scheme in its AdWords program, arguing that the lone plaintiff in the nine-year-old lawsuit lacked standing and failed to comply with federal discovery rules (Rene Cabrera v. Google LLC, No. 19-16466, 9th Cir.).
NEW YORK — A film editing machines company must produce models in its possession for testing, even though the plaintiff’s testing of a machine purchased online showed the presence of asbestos, a New York justice held in an opinion posted Feb. 5 (Eric Slonim, et al. v Altman Stage Lighting Co., et al., No. 190339/2017, N.Y. Sup., New York Co., 2020 N.Y. Misc. LEXIS 360).
BATON ROUGE, La. — A Louisiana federal magistrate judge on Jan. 28 ordered an insurer to turn over reinsurance information he found to be relevant to an insured’s bad faith coverage dispute over property damage sustained from Hurricane Maria (Lamar Advertising Co. v. Zurich American Insurance Co., No. 18-1060, M.D. La., 2020 U.S. Dist. LEXIS 13891).
RICHMOND, Va. — A week after a Fourth Circuit U.S. Court of Appeals panel denied the U.S. government’s motion to rehear a dispute over whether it was appropriate for a court-appointed filter team, rather than a magistrate, to search seized files for documents responsive to a search warrant, the panel on Feb. 5 issued a mandate memorializing an Oct. 31 ruling in which it found that the filter team review violated constitutional protections and the attorney-client privilege (In re: Search Warrant Issued June 13, 2019, No. 19-1730, 4th Cir., 2020 U.S. App. LEXIS 2899).
WEST PALM BEACH, Fla. — Three weeks after a bitcoin pioneer submitted documents in a long-delayed response to multiple discovery orders, the plaintiffs in a dispute over the ownership of a bitcoin fortune filed a challenge to thousands of the defendant’s privilege designations in Florida federal court on Feb. 2, accusing him of a “pattern of obfuscation” (Ira Kleiman, et al. v. Craig Wright, No. 9:18-cv-80176, S.D. Fla.).
CINCINNATI — Six pharmacy chains on Jan. 22 filed a petition for a writ of mandamus in the Sixth Circuit U.S. Court of Appeals that seeks to block the opioid multidistrict litigation court from forcing them to disclose “transaction level” prescription order data (In Re: CVS Pharmacy, Inc., No. 20-3075, 6th Cir.).
NEWARK, N.J. — The broad protection of European Union (EU) citizens’ data provided by the General Data Protection Regulation (GDPR) does not serve to prevent production of personal data deemed relevant to the claims in a lawsuit, a New Jersey federal magistrate judge ruled Jan. 30, affirming a special master’s order directing Mercedes-Benz USA LLC to submit certain employee data in a class action over alleged environmental impact misrepresentation (In Re Mercedes-Benz Emissions Litigation, No. 2-16-cv-00881, D. N.J., 2020 U.S. Dist. LEXIS 15967).