LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Judge: No Waiver Of Work Product In Insurance Dispute Over Construction Defects

MINNEAPOLIS - An association and a general contractor did not waive work product protection by providing documents to their testifying expert in an insurance coverage dispute involving allegations of defective construction and management of a housing development project, a Minnesota federal judge ruled...

Mealey's Litigation Procedure - Appeals Panel: Court Erred In Denying Appointment Of Expert In Child Porn Case

DETROIT - A Michigan appeals panel on Feb. 2 ruled that a trial court abused its discretion by refusing to appoint a computer forensic expert in a child pornography case when the defendant presented information demonstrating that there is a connection between the facts of the case and the need for a...

Mealey's Litigation Procedure - Zappos Customers Oppose Motions To Dismiss, Strike Class Claims Over Data Breach

RENO, Nev. - In a pair of opposition briefs filed Feb. 3 in Nevada federal court, the plaintiffs in a putative class action pertaining to a breach of Zappos.com Inc.'s servers defend the sufficiency of their negligence and deceptive trade practices claims that the online retailer seeks to dismiss...

Mealey's Litigation Procedure - Class Certification Denied For 2nd Time In E-Cigarette Safety Lawsuit

LOS ANGELES - A California federal judge on Feb. 2 denied an amended motion for class certification filed in in a lawsuit brought by consumers who allege that deceptive advertising by a maker of electronic cigarettes led them to believe that they were safer than smoking traditional cigarettes (In Re...

Mealey's Litigation Procedure - Surgeon May Opine On Risk Analysis Of Device In Design Defects Suit, Judge Holds

DENVER - An orthopedic surgeon may give an analysis on the risks and benefits of a device in a design defects lawsuit, a Colorado federal judge ruled Feb. 4, finding that the expert may testify about whether the device was a "last resort" (Alfonso A. Alarid v. Biomet, Inc., et al., No. 14-02667...

Mealey's Litigation Procedure - Volkswagen, Honeywell Denied JMOL, New Trial In $4.8M Design Defect Judgment

COLUMBUS, Ga. - A federal judge in Georgia on Feb. 2 denied motions by Volkswagen Group of America Inc. and Honeywell International for judgment as a matter of law (JMOL) or a new trial in a case in which a couple was awarded $4.8 million for injuries the woman sustained when her Volkswagen Passat crashed...

Mealey's Litigation Procedure - Judge Grants Preliminary Approval Of $3M Settlement In Securities Class Action

NEW YORK - A federal judge in New York on Feb. 2 granted preliminary approval of a $3 million settlement between shareholders and a pharmaceutical company and certain of its current and former officers and directors who are alleged to have misrepresented several stock transactions and "improper...

Mealey's Litigation Procedure - Summary Judgment, Daubert Motions Filed In FTC Suit Over Amazon Billing Practices

SEATTLE - Amazon.com Inc. filed a motion Feb. 2 for partial summary judgment of a request for injunctive relief by the Federal Trade Commission in a lawsuit over the online retailer's billing practices for purchases associated with certain apps and games (in-app purchases), with Amazon arguing that...

Mealey's Litigation Procedure - Expert In Patent Suit Does Not Rely On Rejected Theory, Magistrate Judge Finds

MARSHALL, Texas - A telecommunications plaintiff's expert in a patent infringement lawsuit does not rely on a previously rejected doctrine of equivalents theory, a Texas federal magistrate judge held Feb. 5, refusing to strike paragraphs from the expert's report (Mobile Telecommunications Technologies...

Mealey's Litigation Procedure - Magistrate Kills Subpoena In Discovery Dispute Over Loan Documents

TULSA, Okla. - A federal magistrate judge in Oklahoma on Feb. 4 quashed a subpoena served on an officer of a Native American tribe by a bank seeking evidence in an underlying payday lending dispute after finding that, even though the tribal officer had sworn to declarations in the dispute, the tribe...

Mealey's Litigation Procedure - Judge Orders Sprint To Provide Subscriber Info In Yahoo TCPA Class Action

CHICAGO - A month after certifying a class action against Yahoo! Inc. for allegedly violating the Telephone Consumer Protection Act (TCPA) via unsolicited text messages, an Illinois federal judge on Feb. 4 granted a motion to compel cellular service provider Sprint to provide subscriber information for...

Mealey's Litigation Procedure - Judge Allows Experts To Testify On Damages In Breach Of Contract Suit

BECKLEY, W.Va. - Experts may testify to damages resulting from an alleged breach of a coal purchase and refuse recovery agreement (CPRRA), a West Virginia federal judge ruled Feb. 4, declining to exclude the experts (Covol Fuels No. 4, LLC v. Pinnacle Mining Company, LLC, No. 12-04138, S.D. W.Va.; 2016...

Mealey's Litigation Procedure - Magistrate Judge Bars Expert From Testifying On 'Deception' In Patent Case

MARSHALL, Texas - An expert may not testify that a patent owner "deliberately misled the patent office," a Texas federal magistrate judge held Feb. 7, granting in part a motion to exclude the testimony in a patent infringement lawsuit (Emmanuel C. Gonzalez v. Infostream Group, Inc., et al....

Mealey's Litigation Procedure - ICSID Rejects Argentina's Application To Annul $136 Million Award

WASHINGTON, D.C. - An ad hoc committee for the International Centre for Settlement of Disputes (ICISD) on Feb. 5 rejected an application filed by the Argentine Republic to annul a $136,138,430 award issued in favor of investors in an electricity distribution enterprise, finding that the tribunal did...

Mealey's Litigation Procedure - Judge: Insurer Did Not Act In Bad Faith In Handling Of Storm Damage Claim

McALLEN, Texas - A federal judge in Texas on Feb. 4 granted an insurer's motion for summary judgment in an insurance breach of contract and bad faith lawsuit, ruling that the insureds failed to show that the insurer breached its contract when it timely paid on the insureds' claim for storm damage...

Mealey's Litigation Procedure - Suits Against DraftKings, FanDuel Consolidated In Massachusetts Federal Court

WASHINGTON, D.C. - The U.S. Judicial Panel on Multidistrict Litigation on Feb. 4 consolidated three dockets comprising more than 80 lawsuits against the nation's two largest online daily fantasy sports (DFS) contest operators in the U.S. District Court for the District of Massachusetts, with the...

Mealey's Litigation Procedure - Judge Finds Documents Inadvertently Disclosed To DOJ Remain Privileged

PITTSBURGH - Even though an antitrust defendant inadvertently disclosed hundreds of documents to the U.S. Department of Justice in prior proceedings, a Pennsylvania federal judge on Feb. 8 found that the defendant's actions to claw back those documents permitted it to maintain its asserted attorney...

Mealey's Litigation Procedure - Judge Bars Evidence Over Pipeline Relocation In Dispute Over Damages From Landslide

HUNTINGTON, W.Va. - A West Virginia federal judge on Feb. 8 excluded evidence regarding telephone poles and a 1988 pipeline relocation, as well as certain communications by employees of Tri-State Airport Authority (TSAA), in a lawsuit against TSAA and the U.S. government over damages suffered from a...

Mealey's Litigation Procedure - ICSID Refuses To Reconsider Ruling On Venezuela's Negotiation Of Compensation

WASHINGTON, D.C. - In a majority ruling, a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Feb. 9 denied a request by the Bolivarian Republic of Venezuela for reconsideration of a decision in which it found that Venezuela breached its obligation to negotiate compensation...

Mealey's Litigation Procedure - Pension Fund In Securities Suit Seeks Sanctions For Unpreserved Emails

CENTRAL ISLIP, N.Y. - The lead defendant in a securities fraud class action failed to fulfill its duty to preserve relevant emails despite being on notice of litigation, the lead pension fund plaintiff asserts in a Feb. 5 motion for sanctions in New York federal court, seeking implementation of an adverse...

Mealey's Litigation Procedure - International Chamber Of Commerce Appoints New Director For South Asia

PARIS - The International Court of Arbitration of the International Chamber of Commerce (ICC) on Feb. 9 announced that it has appointed a new regional director for South Asia.

Mealey's Litigation Procedure - Amendment Of Securities Class Action Complaint Is Futile, Panel Rules

NEW YORK - A federal district court did not err in dismissing an amended complaint in a securities class action lawsuit and denying leave to amend because amendment would have been futile, a Second Circuit U.S. Court of Appeals panel ruled Feb. 8 (Alejandro Medina v. Tremor Video Inc., et al., No. 15...

Mealey's Litigation Procedure - Split 6th Circuit Reverses Lifetime Benefits Ruling For Moen Retirees

CINCINNATI - A divided Sixth Circuit U.S. Court of Appeals panel on Feb. 8, based on the U.S. Supreme Court's decision in M&G Polymers USA, LLC v. Tackett (135 S. Ct. 926 [2015]), reversed a district court's ruling in favor of a class of retirees from Moen Inc. who argued that their collective...

Mealey's Litigation Procedure - Defendants Won't Get More Discovery In Fungal Meningitis Criminal Cases

BOSTON - Fourteen defendants facing federal criminal charges related to the 2012 fungal meningitis outbreak have all the exculpatory evidence they need, a Massachusetts federal judge ruled Feb. 10 (United States of America v. Barry J. Cadden, et al., No. 14-cr-10363, D. Mass.).

Mealey's Litigation Procedure - Judge: Shareholder Properly Pleaded Loss Causation In Securities Suit

NEW YORK - Dismissal of a second amended complaint in a securities class action lawsuit is proper because a shareholder properly pleaded a material misrepresentation and loss causation in making his federal securities law claims, a federal judge in New York ruled Feb. 9 (Benjamin Gross v. GFI Group Inc...