LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Michigan Federal Judge: Premature Class Certification Motions No Longer Necessary

FLINT, Mich. - A Michigan federal judge on Jan. 27 denied without prejudice a motion for class certification filed in a Telephone Consumer Protection Act (TCPA) suit on the same day the complaint was filed, opining that premature motions are no longer necessary following the U.S. Supreme Court's...

Mealey's Litigation Procedure - Massachusetts Federal Judge Dismisses Class Suit Over Lenovo Battery Life

BOSTON - A Massachusetts federal judge on Jan. 27 granted a motion to dismiss a class complaint accusing a computer maker of falsely advertising an extended battery life, finding that the plaintiff failed to allege actual or reasonable reliance on the alleged misrepresentation and also failed to state...

Mealey's Litigation Procedure - Esurance's Dismissal Motion Denied In TCPA Class Suit

DALLAS - An offer of judgment by an insurance company made to the named plaintiff in a class complaint over allegedly unauthorized sales calls made to cell phones does not moot the claims, a Texas federal judge ruled Jan. 27, denying the company's motion to dismiss or stay the complaint (Tiffney...

Mealey's Litigation Procedure - International Chamber Of Commerce Issues Award In Patent License Arbitration

ESPOO, Finland - Nokia Corp. on Feb. 1 announced that an international arbitration court has issued an award in a patent license dispute with Samsung.

Mealey's Litigation Procedure - Federal Judge Trims Claims In Securities Class Action Lawsuit

SAN FRANCISCO - A federal judge in California on Jan. 27 granted in part and denied in part a motion to dismiss filed by a corporation and certain of its executive officers in a securities class action lawsuit, ruling that some of the alleged misrepresentations cited by the lead plaintiff in making his...

Mealey's Litigation Procedure - ICISID Committee Rejects Argentina's Application To Annul Award

WASHINGTON, D.C. - An ad hoc committee for the International Centre for Settlement of Investment Disputes (ICSID) on Feb. 1 rejected an application filed by the Argentine Republic to annul an award issued in a case filed by a French investor, finding that the tribunal did not manifestly exceed its powers...

Mealey's Litigation Procedure - Bose Sued For Collecting Personal Information During Credit Card Sales

SAN DIEGO - A customer of Bose Corp. filed a putative class action against the electronics and stereo retailer on Jan. 29 in California federal court, alleging that it improperly collects customers' personal identification information (PII) during credit card transactions in violation of California's...

Mealey's Litigation Procedure - Judge Finds No Evidence That Shoe Retailer's Prices Were Deceptive

RIVERSIDE, Calif. - A California federal judge on Jan. 28 granted a shoe retailer's motion to dismiss claims asserted against it by a purchaser for violation of California's unfair competition law (UCL) and other state laws, finding that she failed to show that the retailer's comparative...

Mealey's Litigation Procedure - California Federal Judge Won't Deny Class Certification, Says Motion Is Premature

LOS ANGELES - A California federal judge on Jan. 28 denied a disability insurer's motion to deny class certification after determining that the motion is premature because the complaint does not show that class certification would never be appropriate (Angela DeLeon v. Standard Insurance Co., et...

Mealey's Litigation Procedure - South Dakota Man Sues Seagate Over 'Spectacularly' Defective Hard Drives

SAN JOSE, Calif. - Data storage firm Seagate Technology LLC was hit with a putative class complaint Feb. 1 in California federal court, as a South Dakota man alleged unfair competition, false advertising and breach of warranty related to purportedly defective hard disk drives (Christopher A. Nelson v...

Mealey's Litigation Procedure - Investors Serve Peru With Notice Of Arbitration, Seek Payment Of Land Bonds

GREENWICH, Conn. - A group of investors on Feb. 1 served the Republic of Peru with a notice of intent to commence arbitration under a promotion trade treaty, seeking payment in relation to their investment in Peruvian agrarian reform bonds.

Mealey's Litigation Procedure - Class Sues Michigan Officials, Seeks Damages For Flint Lead Drinking Water Crisis

DETROIT - A putative class on Jan. 31 filed a lawsuit in Michigan federal court against state officials who the class contends are liable for damages for acts that "unilaterally" resulted in contaminating the drinking water in Flint, Mich., with lead (Beatrice Boler, et al. v. Darnell Earley...

Mealey's Litigation Procedure - Italian Bondholders Reach Preliminary Settlement Of ICSID Case With Argentina

WASHINGTON, D.C. - A task force representing thousands of Italian bondholders and an Argentine ministry on Feb. 2 announced that they have reached a preliminary settlement for the payment of defaulted bonds, possibly ending an arbitration that was registered by the International Centre for Settlement...

Mealey's Litigation Procedure - Arbitration Unavailable In Class Action Against Loan Servicer, 4th Circuit Says

RICHMOND, Va. - Unlawful debt collection class allegations against a company associated with tribal payday lender Western Sky Financial are not subject to arbitration because the arbitration agreement at issue impermissibly attempts to sidestep state and federal law in favor of tribal jurisdiction and...

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...