Mealey's Litigation Procedure - Forum Selection Clause Does Not Violate Public Policy, Louisiana Majority Rules

NEW ORLEANS - A majority of the Louisiana Supreme Court ruled July 1 that forum selection clauses are not violative of Louisiana public policy, reversing a lower court's finding that overruled a consulting firm's exception of improper venue in a dispute over the firm's evaluation of underlying...

Mealey's Litigation Procedure - 5th Circuit Finds Judge Erred In Refusing To Compel Arbitration

NEW ORLEANS - After finding that an international arbitration agreement existed between various oil and drilling entities and a Norway company, a federal appeals court on July 2 reversed a decision denying a motion to compel arbitration and remanded the case for review of whether the action should be...

Mealey's Litigation Procedure - Russian Court Awards Energy Firm $118 Million In Dispute With Kyrgyzstan

TORONTO - Stans Energy Corp. on July 2 announced that a Russian arbitration court has awarded it $118 million in an investment treaty dispute with the Republic of Kyrgyzstan.

Mealey's Litigation Procedure - UCL Claims Against EBay's 'Buy It Now' Option Survive Motion To Dismiss

SAN JOSE, Calif. - A federal judge in California on June 30 denied a bid by eBay Inc. to dismiss a consumer's class action claims under California's unfair competition law (UCL) and other statutes that the online auction company's unfair and deceptive business practices caused sellers to...

Mealey's Litigation Procedure - Judge Excludes Testimony On Jaw Disease Cause, Dismisses Negligence Claims

MONTGOMERY, Ala. - A professor's differential diagnosis testimony failed to show that a plaintiff's osteonecrosis of the jaw (ONJ) was caused by a bisphosphonate produced by Novartis Pharmaceuticals Corp., an Alabama federal judge ruled July 2, granting Novartis' motion to exclude the testimony...

Mealey's Litigation Procedure - Magistrate Deems Spa's Discovery Objections Improper And Waived

SAN DIEGO - In response to joint statements for determination of discovery disputes in an insurance bad faith case, a California federal magistrate on July 1 found that the plaintiffs improperly provided incomplete responses to their insurer's discovery requests without identifying the portions of...

Mealey's Litigation Procedure - Washington High Court: Court Erred By Delaying Adjudication Of Duty To Defend

OLYMPIA, Wash. - The Washington Supreme Court on July 3 found that a lower court erred when it delayed adjudication of an insurer's duty to defend Expedia Inc. against numerous underlying lawsuits alleging that Expedia failed to collect the right amount of local occupancy taxes from its customers...

Mealey's Litigation Procedure - 7th Circuit Vacates Ruling Denying Certification Of Roofing Shingle Class

CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on July 2 overturned a federal judge in Illinois' ruling denying certification for a class of consumers from eight states who claim that organic asphalt roofing shingles made by Iko Manufacturing Inc. did not meet industry standards, after finding...

Mealey's Litigation Procedure - Florida Appeals Court: An Insurer's Claim File Is Generally Not Discoverable

DAYTONA BEACH, Fla. - Quashing a trial court's order compelling a homeowners insurance provider to produce part of its claim file in a sinkhole coverage dispute, a Florida appellate panel on July 3 held that the general rule in Florida is that insurers' claim files are protected by the work product...

Mealey's Litigation Procedure - PCA Issues Award In Boundary Dispute Between Bangladesh, India

THE HAGUE, Netherlands - In a majority decision, the Permanent Court of Arbitration (PCA) on July 8 announced that it had issued an award, ruling on land and maritime boundaries between Bangladesh and the Republic of India (Bay of Bengal Maritime Boundary Arbitration between Bangladesh and India [Bangladesh...

Mealey's Litigation Procedure - Texas Federal Judge Denies Cert To Class Of Funeral Home Employees

HOUSTON - The estate of a deceased funeral director fails to meet the requirements necessary to serve as class representative for a proposed class of black funeral home employees who claim that they were denied promotions due to their race, a Texas federal judge ruled July 3 (Milton Holmes, et al. v...

Mealey's Litigation Procedure - Alabama Retailer To Pay Customers For Printing Card Numbers On Receipts

BIRMINGHAM, Ala. - An Alabama federal judge on July 3 granted final approval of a settlement that will provide awards of $80 to $1,000 to consumers who had more than five digits of their credit and debit card numbers printed on receipts from an Alabama retailer and who file a claim (Patrick Amason, et...

Mealey's Litigation Procedure - Failure To Produce Insurance Policies, Documents May Merit Sanctions, Judge Rules

SCRANTON, Pa. - A townhouse association's failure to timely provide insurance policies and related documents and its "plainly inadequate" privilege log may merit sanctions and an award of expenses to two plaintiffs suing the association for negligence related to a 2009 explosion, a Pennsylvania...

Mealey's Litigation Procedure - Resource Company Files ICSID Arbitration Against Slovak Republic

VANCOUVER, British Columbia - A Canadian resource company on July 7 announced that it has filed a request for international arbitration against the Slovak Republic.

Mealey's Litigation Procedure - Federal Judge Gives Preliminary Approval To NFL Brain-Injury Settlement

PHILADELPHIA - A federal judge in Pennsylvania July 7 preliminarily approved a settlement between the National Football League and retired players claiming football-related brain injuries (In Re: National Football League Players' Concussion Injury Litigation, MDL Docket No. 2323, No. 2:12-md-2323...

Mealey's Litigation Procedure - Privacy Class Claims Against Viacom, Google Dismissed In Nickelodeon Website Case

NEWARK, N.J. - The plaintiffs in a putative privacy class action against Viacom Inc. and Google Inc. related to collection of minors' information via Nickelodeon's websites was dismissed July 2, with a New Jersey federal judge finding claims brought under federal and state laws to be unsupported...

Mealey's Litigation Procedure - Escrow Account Class Claims Governed By HOLA, Not UCL, Judge Finds

SAN DIEGO - A California woman cannot pursue class action claims that Wells Fargo Bank N.A. failed to properly maintain escrow accounts in violation of the state unfair competition law (UCL) because the claims are preempted by the Home Owners' Loan Act (HOLA), a federal judge ruled July 3 (Michelle...

Mealey's Litigation Procedure - Judge: Exclusion Bars Coverage For Class Action Lawsuit Over Unsolicited Text Ads

LOUISVILLE, Ky. - A commercial general liability insurance policy's violation of statutes exclusion precludes coverage for an underlying class action lawsuit alleging that pizza franchise insureds unlawfully sent unsolicited text messages to cellular telephones in violation of the Telephone Consumer...

Mealey's Litigation Procedure - Texas Supreme Court Rules Spoliation Evidence Should Not Be Presented To Jury

AUSTIN, Texas - Taking the opportunity presented by the erasing of video surveillance footage evidence in a slip-and-fall premises liability case, a Texas Supreme Court majority on July 3 "enunciate[d] with greater clarity" a two-step judicial process regarding "the parameters of a trial...

Mealey's Litigation Procedure - Judge: Pension Plan Amendment Claims Are Untimely, Fiduciary Duty Claim Survives

MADISON, Wis. - A federal judge in Wisconsin ruled July 3 that claims asserted by 11 subclasses of pension plan participants related to the administration and amendment of the plan are time-barred except for the claims that the plan fiduciaries breached their duty to act solely in the interest of participants...

Mealey's Litigation Procedure - N.Y. Justice Criticizes Defendant's Discovery Efforts But Denies Sanctions

NEW YORK - An asbestos defendant's request for more time to review discovery is moot and baseless in light of its own failures, while plaintiffs' request for sanctions is unwarranted as both parties violated discovery orders, a New York justice held in an opinion posted July 8 (In re: New York...

Mealey's Litigation Procedure - California Court Reinstates Case Featuring Belated Admission Of Work At Site

LOS ANGELES - A plaintiff responded with more than mere "boilerplate" allegations of asbestos exposure after a company's belated concession that it performed work at a job site, a California appeals court held July 8 in reinstating the claims (Rose Marie Ganoe, etc., et al. v. Metalclad...

Mealey's Litigation Procedure - Judge Stays Flood Insurance Class Action Pending Settlement Approval

TOLEDO, Ohio - An Ohio federal judge on July 8 granted a motion filed by a bank and mortgage corporation to stay a state-specific class action filed by claimants who assert that they were forced to maintain flood insurance in excess of their mortgage requirements, pending the approval of a settlement...

Mealey's Litigation Procedure - FLSA's Opt-In Rule Does Not Bar Class Certification Under UCL, Judge Says

SACRAMENTO, Calif. - A federal judge on July 7 preliminarily approved a $2 million settlement of a class action complaint filed six years ago alleging that the compensation practices of a group of car dealerships for its service technicians violated California's unfair competition law (UCL) and federal...

Mealey's Litigation Procedure - Kansas Federal Judge Decertifies Class In Suit Over Gas Royalties

WICHITA, Kan. - A Kansas federal judge on July 7 decertified a class seeking natural gas royalties, finding that individual issues predominate (Arkalon Grazing Association, et al. v. Chesapeake Operating, Inc., No. 09-1394, D. Kan.; 2014 U.S. Dist. LEXIS 91589).